Item P3 P.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: P.3
Agenda Item Summary #6168
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval of modification no. 1 to Grant Agreement NO. X7-
OOD83418-0 from the Environmental Protection Agency "EPA" for the final phase of the Canal
MasterPlan, for a 60 day no cost time extension to December 31, 2019.
ITEM BACKGROUND: This item is to provide a 60 day no cost time extension to the grant.
Award of the grant was received on September 27, 2018 and Grant Agreement Number X7-
OOD83418-0 was approved. This grant continues the initiative in improving the water quality in the
Florida Keys. A final deliverable, the Guidance Document, due under the grant must be submitted to
the FKNMS Steering Committee for review, and the committee is meeting in November. Therefore
the final deliverable schedule must be extended from October 31, 2019 to December 31, 2019.
PREVIOUS RELEVANT BOCC ACTION:
10/17/18: 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.
CONTRACT/AGREEMENT CHANGES:
No Cost 60 Day Time Extension
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Notice of Award for EPA Assistance Agreement X7-OOD83418-1 Monroe County NCE
Notice of Award for EPA Assistance Agreement Number X7-OOD83418-0 Monroe County
Government
FINANCIAL IMPACT:
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Effective Date: 10/16/2019 Expiration Date: 12/31/2019
Total Dollar Value of Grant: $100,456
Total Dollar Value of Amendment No. 1: $0
Total Cost to County: None Current Year Portion: N/A
Budgeted: N/A
Source of Funds: EPA CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount: No (Amendment)
Grant: Yes
County Match: None
Insurance Required: No Additional Details: None
None
REVIEWED BY:
Rhonda Haag Completed 10/01/2019 9:58 AM
Pedro Mercado Completed 10/01/2019 10:09 AM
Budget and Finance Completed 10/01/2019 10:29 AM
Maria Slavik Completed 10/01/2019 5:58 PM
Kathy Peters Completed 10/01/2019 6:07 PM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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X7-OOD83418-1 Page 1
�+ GRANT NUMBER(FAIN): OOD83418
S14. U.J. ENVIRONMENTAL MODIFICATION NUMBER: 1 DATE OF AWARD
PROGRAM CODE: X7 09/30/2019
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
No Cost Amendment 09/30/2019 00
��11��III��u7IV in101�l111u° Assistance Amendment PAYMENT METHOD: ACH# �
ACH 40959
00
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 UJ
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST UJ
Rhonda Haag Jennifer Shadle Kenny Richardson U
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 EXPLANATION OF CHANGES
Monroe County Canal Management Master Plan
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This action approves a time extension of the budget and project period end date from 09/30/2019 to 12/31/2019 to allow Monroe County Canal Management O
additional time to achieve the goals of their work plan.
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BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
09/30/2018 - 12/31/2019 09/30/2018 - 12/31/2019 $100,456.00 $100,456.00
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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 X
Protection Agency(EPA)hereby awards$0. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding total
federal funding of$100,456. 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 2
U.S. EPA, Region 4 U)
61 Forsyth Street Water Protection Division
Atlanta,GA 30303-8960 61 Forsyth Street
Atlanta,GA 30303-8960 UJ
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
09/30/2019
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EPA Funding Information X7-OOD83418-1 Page
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $100,456 $0 $100,456
EPA In-Kind Amount $0 $ $ 0 00
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Unexpended Prior Year Balance $0 $ $0
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Other Federal Funds $0 $ $0
Recipient Contribution $0 $ $0
State Contribution $0 $ $0
Local Contribution $0 $ $0
Other Contribution $0 $ $0
Allowable Project Cost $100,456 $0 $100,456
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Assistance Program(CFDA) Statutory Authority Regulatory Authority U
66.436-Surveys-Studies-Investigation Grants and Clean Water Act: Sec. 104(b)(3) 2 CFR 200
Cooperative Agreements-Section 104(b)(3)of the 2 CFR 1500 and 40 CFR 33
Clean Water Act O
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Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
2
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0
0
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X7-OOD83418-1 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $0
2.Fringe Benefits $0 00
3.Travel $0
4.Equipment $0 00
5.Supplies $0
6.Contractual $100,456
7.Construction $0
8.Other $0
9.Total Direct Charges $100,456
10.Indirect Costs: % Base $0 IL
11.Total(Share: Recipient 0.00% Federal 100.00%.) $100,456
12.Total Approved Assistance Amount $100,456
13.Program Income $0 U
14.Total EPA Amount Awarded This Action $0
16.Total EPA Amount Awarded To Date $100,456
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X7-OOD83418-1 Page 4
Administrative Conditions
The following conditions have been revised:
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General Terms and Conditions Iq
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The General Terms and Conditions of this agreement are updated in accordance with the link below.
However,these updated conditions apply solely to the funds added with this amendment and any
previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The
General Terms and Conditions cited in the original award or prior funded amendments remain in effect
for funds disbursed by the recipient prior to the award date of this amendment.
The recipient agrees to comply with the current EPA general terms and conditions available at: �3
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These terms and conditions are binding for disbursements and are in addition to or modify the assurances
and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout
the award.
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The EPA repository for the general terms and conditions by year can be found at
http://www.e a. ov/ rants/grant-te s-and-conditions.
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GRANT-SPECIFIC ADMINISTRATIVE CONDITIONS
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A. UTILIZATION OF SMALL,MINORITY AND WOMEN'S BUSINESS ENTERPRISES
(MBE/WBE) �-
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.
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REPORTING PROVISION
Based on EPA's review of the planned budget,this award does not meet the condition below and is not
subject to the reporting requirements of the Disadvantaged Business Enterprise (DBE) Program. U)
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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 $250,000
annual reports will be required in accordance with the reporting paragraph below and you are required to
notify the Regional or Headquarters point of contact defined in the correspondence condition, if
applicable, for additional instructions.
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The recipient also agrees to request prior approval from EPA for procurements that may activate DBE
Program reporting requirements.
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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
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submit a"MBE/WBE Utilization Under Federal Grants and Cooperative Agreements"report (EPA Form
5700-52A) on an annual basis. The current EPA Form 5700-52A can be found at the EPA Grantee Forms
Page at www.epa.gov/grants/epa-grantee-forms
MBE/WBE reporting is required annually for assistance agreements where there are funds budgeted for 00
procuring construction, equipment, services and supplies, including funds budgeted for direct
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procurement by the recipient or procurement under subawards or loans in the "Other"category with a
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cumulative total that exceed the threshold amount of$250,000, including amendments and/or
modifications. The recipient must make reporting a requirement of all sub-awards/loans. All procurement r-
actions are reportable,not just that portion which exceeds $250,000.
When completing the annual report, recipients are instructed to check the box titled "annual"in section
I of the form. For the final report, recipients are instructed to check the box titled "annual"and the box W
indicated for the "last report"of the project in section 1B of the form. Annual reports are due by October U
30t of each year. Final reports are due by October 30a or 90 days after the end of the project period,
whichever comes first.
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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.
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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 a
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EPA Office of Small Business Program's Home Page at
MBE/WBE reports E
should be sent to:
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The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home U)
Page at 1 Up y�nn �n by
This provision represents an approved deviation from the MBE/WBE reporting requirements as I-
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 3
explained below. -
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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 z
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.
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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: 00
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MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9% a
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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 . W
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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 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 00
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that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient
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agrees to submit proposed fair share objectives/ oals together with the supporting availability a
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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 X
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 E
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. U)
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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 L_
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. 3
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(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
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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.
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(e)Use the services and assistance of the SBA and the Minority Business Development
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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. U
BIDDERS LIST,40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant,agree to 0
create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a 0
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. 00
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All Administrative Conditions Remain the Same
Programmatic Conditions
All Programmatic Conditions Remain the Same
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X7-OOD83418-0 Page 1
�+ GRANT NUMBER(FAIN): OOD8341800
w' 15
S%4. U.J. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: X7 09/24/2018
00
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 10/01/2018
��11��III��u7IVin101�l111u° Grant Agreement PAYMENT METHOD: ACH#
44 ACH 40959
pmuRECIPIENT 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 O
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 O
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� O
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.
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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 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 A
Atlanta,GA 30303-8960 U)
U)
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 UJ
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EPA Funding Information X7-OOD83418-0 Page 15
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FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $100,456 $100,456 00
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0 0.
State Contribution $ $0 $0
Local Contribution $ $0 $0
Other Contribution $ $ $0
Allowable Project Cost $0 $100,456 $100,456
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Assistance Program(CFDA) Statutory Authority Regulatory Authority U
66.436-Surveys-Studies-Investigation Grants and Clean Water Act: Sec. 104(b)(3) 2 CFR 200
Cooperative Agreements-Section 104(b)(3)of the 2 CFR 1500 and 40 CFR 33
Clean Water Act
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00
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
1804TC8029 1819 B 04TOORR OOO131<2 4183 100,45E
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X7-OOD83418-0 Page 3
Budget Summary Page 15
Table A-Object Class Category Total Approved Allowable
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(Non-construction) Budget Period Cost
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1.Personnel $0
2.Fringe Benefits $0
3.Travel $0
4.Equipment $0
5.Supplies $0
6.Contractual $100,456
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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 y
13.Program Income $0 O
14.Total EPA Amount Awarded This Action $100,456
16.Total EPA Amount Awarded To Date $100,456
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X7-OOD83418-0 Page 4
15
Administrative Conditions 00
GENERAL TERMS AND CONDITIONS 00
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:
http://www.ea. ov/ rants/grant-te s-and-conditions.
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
0
GENERAL COMPLIANCE,40 CFR,Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) 00
Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33.
00
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.
U)
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
3
Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below.
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0
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.
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When completing the annual report, recipients are instructed to check the box titled "annual"in section 00
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I of the form. For the final report, recipients are instructed to check the box indicated for the "last
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report"of the project in section 1B of the form. Annual reports are due by October 30ffi of each year. Final
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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 [insert name and contact information of the appropriate DBE
coordinator and Grants Specialist (optional)]. The current EPA Form 5700m52A can be found at the EPA >
Office of Small Business Program's Home Page at 1�1;;,PV 11����� �i���,..2d d� ��:d�„���� a���� :� ��d du�,uu�� ��tlung c
MBE/WBE reports
should be sent to:
n : V �d u: u� � ,�, �:.2d d�� 0
ui iumlll( uiuiy IIIIui:IllmiuiuiIlluii„ ii i '...
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The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home T-
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Page at 1�1 u���q;� a%��� �e�,q� n:�u�:m.��tlu�n00
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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 E
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.
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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:
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MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9%
WBE: CONSTRUCTION 3%; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3% 0
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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 E
DEPARTMENT OF ENVIRONMENTAL PROTECTION.
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Negotiating Fair Share Objectives/Goals,40 CFR, Section 33.404 00
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient M
wishes to negotiate its own MBE/WBE fair share objectives/goals,the recipient agrees to submit 00
proposed MBE/WBE objectives/goals based on an availability analysis,or disparity study, of qualified
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
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 0
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.
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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: 00
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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 X
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
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include dividing total requirements when economically feasible into smaller tasks or quantities to Us
permit maximum participation by DBEs in the competitive process. U)
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of
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these firms to handle individually. 0
(e)Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce. <
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(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in 2
paragraphs (a)through(e)of this section. c
CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302 0
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
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BIDDERS LIST,40 CFR, Section 33.501(b) and (c) 00
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create M
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving 00
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.
B.ANNUAL FFR(INTERIM) PURSUANT TO 2 CFR 200.327
Pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal Financial Report 0
(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/forfns.
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/fonns. All FFRs must be submitted to the Las Vegas Finance Center
(LVFC)via email LVFC-grants�epa.gov. c
C. EXTENSION OF PROJECT/BUDGET PERIOD EXPIRATION DATE 00
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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 X
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 0
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 :rr:tl (,p:. d�y or sent to the following
address:
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US EPA, Las Vegas Finance Center <
4220 S. Maryland Pkwy, Bld C, Rm 503
Las Vegas, NV 89119
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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. 4-
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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
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awarding agency requires quarterly or annual reports. However,performance reports will not be required15
more frequently than quarterly. Annual reports shall be due 90 days after the grant year, quarterly or 00
semi-annual reports shall be due 30 days after the reporting period. The final performance report will be
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due 90 days after the expiration of termination of grant support to the EPA Project Officer and Technical
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Officer.
Semi-annual progress report content shall include: 1. work status; 2. any difficulties encountered; 3.
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 a.
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.epa.gov/gualLi/gs-docs/r5-finql.pdf.i/gs-docs/r5-fingl.pdf. c
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 00
documentation.
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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 X
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 http://www.epa.gov/owow/monitoring/nationalsurveys.html.
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 U)
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 0
geospatial data created must be consistent with Federal Geographic Data Committee (FGDC)endorsed
standards. Information on these standards may be found at www.f4dc.�wv.
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E.Electronic and Information Technology Accessibility: Recipients and subrecipients are subject to
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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,
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recipient personnel)without barriers or diminished function or quality. Systems shall include usability 15
features or functions that accommodate the needs of persons with disabilities,including those who use 00
assistive technology. At this time,the EPA will consider a recipient's websites, interactive tools, and
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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).
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.
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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.
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(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 c
revision requiring prior written approval).
(ii) Change in a key person specified in the application or the Federal award. 00
(iii) The disengagement from the project for more than three months, or a 25 percent reduction in time
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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 X
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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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
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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
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does not apply to manual entry of data by the recipient into systems operated and used by EPA's15
regulatory programs for the submission of reporting and/or compliance data. 00
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(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.
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.
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1. Technical Officer for this grant is Steve Blackburn at blackbum.steven@epa.gov
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