Item R2 R.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: R.2
Agenda Item Summary #6494
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into Task Order 411 with Wood Environment &
Infrastructure for three canal planning projects to address water quality issues, canal management
and sargassum management within canals in the Keys in the amount of $149,995 which is 100%
funded by the United States Environmental Protection Agency Grant X7-01D00020-0; under the
general project management services on-call contract for Category A services.
ITEM BACKGROUND: EPA recently issued their FYI South Florida Special Initiatives Request
for Proposals (RFP). County staff prepared a grant application for Florida Keys Seaweed Barrier
Technology Evaluation, Florida Department of Economic Opportunity (DEO) Canal Restoration
Work Plan assistance and Florida Keys Sargassum Master Plan Phase 1, in the amount of$ 149,995
of grant funds, with $0 local match, and submitted the grant application on July 15, 2019. Award of
the grant was received on November 12, 2019 and Grant Agreement Number X7-01D00020-0
wasapproved at the November Commission meeting. This work will be performed pursuant to the
grant 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. Phase ILIA of the CMMP included the refinement of the DO data for all 311
Fair or Poor ranked canals using the modified FDEP DO standard.
A key goal of the Canal Management Master Plan (CMMP) is to identify and implement pilot
projects that demonstrate innovated approaches to restoring water quality in the canal systems in the
Florida Keys. The objective for this work is to improve and maintain the overall water quality of the
canals, near shore and coastal waters of the FKNMS. The task order work includes the following three
Tasks:
1) Seaweed Barrier Technology Evaluation where the available potential technologies will be
reviewed,including those implemented in industries such as aquaculture, and select the most appropriate
technology(ies) to augment or supplant the current standard design that will achieve the greatest
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improvement in energy efficiency and system reliability and/or offer similar protection against surface
weed invasion but at a lower cost for the operations and maintenance;
2) Canal Workplan Bridging Documents development that connect the goals and objectives of the
State's Department of Economic Opportunity Canal Work Plan with the technical directives presented in
the Monroe County Canal Restoration Guidance Document; and
(3) Develop Sargassum Control Master Plan-Phase 1 which will create a framework for managing,
removing, and disposing of the sargassum loading throughout the Florida Keys.
This work is for planning work only, for County-wide canals rather than individual canals.
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
11/22/16: Approval to negotiate an on-call contract with Amec Foster Wheeler, Inc., the highest
ranked respondent, for canal masterplan program planning services.
12/14/16: Approval requested to enter into an on call contract with Amec Foster Wheeler, Inc. for
Category A canal masterplan program planning services.
12/14/16: Approval to enter into a $127,611.75 Task Order No. 1 to the on call contract With Amec
Foster Wheeler, Inc. for Category A canal masterplan program planning services to implement a
$110,582 grant from EPA for development of Phase IIIA of the canal master plan.
01/18/16: Approval to enter into a $14,556 Task Order No. 2 to the on call contract With Amec
Foster Wheeler, Inc. for Category A canal program planning services to provide public outreach
services to inform and engage the homeowners on canals 4266, 4287, 4290 and 483 regarding the
MSBU's, the proposed program and the costs associated with the operations and maintenance of the
air curtains.
02/15/17: Approval to enter into a not to exceed $12,480 Task Order No. 3 to the on call contract
With Amec Foster Wheeler, Inc., for Category A canal program planning services, to provide
assistance in preparing the grant applications for RESTORE, the Gulf Consortium and FDEP
WQPP.
06/21/17: Approval to enter into a $49,775 Task Order 44 for general project management services
under the on-call contract with Amec Foster Wheeler, Inc. for Category A canal master planning
services. No new funds are required, as unused funds remaining from a previous AMEC contract are
being reallocated to fund this Task Order.
01/17/18: Approval to enter into Task Order 4A for a 9 month time extension for Task Order 44 for
general project management services under the on-call contract with Amec Foster Wheeler, Inc. for
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Category A services; plus an additional $15,000 of new funds for FEMA reimbursable services
related to Irma; funded by unused funds remaining from a previous AMEC Task order that are being
reallocated.
11/20/19: Approval and acceptance of a $149,995.00 revenue-based Grant Agreement No. X7-
01D00020-0 from the United States Environmental Protection Agency "EPA" for three canal
planning projects to address water quality issues, canal management and sargassum management
within canals in the Keys retroactive to November 04, 2019 with no local match required; and to
ratify the Certificate Regarding Lobbying by Monroe County.
CONTRACT/AGREEMENT CHANGES:
New Task Order for EPA Grant Work
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Task Order 411 Category A Canal Mgmt Program EPA Grant approved by legal
FINANCIAL IMPACT:
Effective Date: January 22, 2020 Expiration Date: October 30, 2020
Dollar Value of Task Order 11: $149,995
Total Cost to County: $0 Current Year Portion: 90%
Budgeted: N/A
Source of Funds: EPA Grant X7-01D00020-0
CPI: No Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount: N/A
Grant: Funded by EPA Grant X7-01D00020-0
County Match: $0
Insurance Required: no Additional Details:
10/17/18 304-23000 - PHYSICAL ENVIRONMENT $0.00
REVIEWED BY:
Rhonda Haag Completed 01/09/2020 10:14 AM
Pedro Mercado Completed 01/13/2020 12:23 PM
Budget and Finance Completed 01/13/2020 3:29 PM
Maria Slavik Completed 01/14/2020 8:54 AM
Kathy Peters Completed 01/14/2020 9:55 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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TASK ORDER#11
TO THE CATEGORY A CONTRACT 19
FOR CANAL MANAGEMENT PROGRAM
AND MASTER PLANNING SERVICES
BETWEEN
MONROE COUNTY AND
WOOD U)
This Task Order No 11 is entered into on January 23, 2020 in accordance with
the Continuing Contract for On Call Professional Engineering Services made and
entered on the 14th day of December, 2016, as amended under Amendment
No.1 dated December 1 P. 2017 and Amendment No.2 dated June 20th,_2018 0
between Monroe County, hereinafter referred to as the "County" and Wood
Environment & Infrastructure Solutions, Inc. hereinafter referred to as
"Consultant" where design services are allowed if construction costs do not
exceed $2,000,000.
All terms and conditions of the referenced Contract for On Call Professional
Engineering Services apply to the Task Order, unless the Task Order modifies an
Article of the Agreement of which will be specifically referenced in this Task
Order and the modification shall be precisely described.
WHEREAS, the County has contract with Wood for continuing canal
management program and materplanning services; and
WHEREAS, the County prepared a grant application to Environmental Protection
Agency (EPA) for additional canal master planning work, including the Florida
Keys Seaweed Barrier Technology Evaluation, Florida Department of Economic
Opportunity (DEO) - Canal Restoration Work Plan, and a Florida Keys
Sargassum Master Plan -- Phase 1, in the amount of $149,995 of grant funds,
with $0 local match, and submitted the grant application on July 15, 2019;and IL
WHEREAS, the County was notified of award of the grant and has received grant
agreement No. X7-01 D00020-0 from EPA for the three referenced projects
including the Florida Keys Seaweed Barrier Technology Evaluation, Florida
Department of Economic Opportunity (DEO) - Canal Restoration Work Plan, and
Florida Keys Sargassum Master Plan— Phase 1; and
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WHEREAS, this task order authorizes Wood to move forward with the work
authorized under the EPA grant; and
WHEREAS, the task order will be effective as of January 23, 2020 and shall
expire 60 days after the final deliverable to the County is submitted,
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NOW, THEREFORE, in consideration of the mutual promises, covenants and 19
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which Is hereby acknowledged,, County and Consultant agree to
modify the Agreement as follows.
Article 1.1 Terms of Agreement: U)
Article 22 Scope of Services:
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The Consultant shall perform the following Tasks in accordance with the Scope
of work below and in accordance with EPA Grant NO, X7-01 DO0020-0 attached
as Exhibit A:
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Task 1: Seaweed Barrier Technology Evaluation
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The migration of weed wrack into residential canals is a natural phenomenon that
results in water quality degradation.
Background: The current standard design to prevent the ingress of weed wrack is
an air curtain that spans the canal mouth. The air curtain is comprised of tightly
spaced air diffusers and a compressed air generation system. A total of six air
curtains have been designed and constructed as part of the canal water quality
restoration program. Although proven effective, the primary drawback of the current
design is the power requirement to operate the system, as well as the cost and level
of maintenance required. Therefore, it would be beneficial to the canal water quality
restoration program to evaluate alternative designs to determine if more energy
efficient design with reduced maintenance can be identified. Homeowner
constructed weed wrack barrier'�systems have been assembled from a myriad of
materials, Including traveling PVC boom arms with counterweights, fixed posts with
fencing, and floating booms. Incorporating these physical barriers into the standard
air curtain design would reduce power consumption, and if properly constructed
could potentially reduce maintenance costs. However, the problem with
Incorporating physical barriers into the standard design, is that the physical barrier
could become an entrapment concern for sensitive species that can be prohibitive to
expedient permitting. Therefore, an in-depth evaluation of the alternatives is
required.
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Methods: The technology evaluation will review the available potential
technologies, including those Implemented in industries such as aquaculture, and
select the most appropriate technology to augment or supplant the current standard
design that will achieve the greatest improvement in energy efficiency and system
reliability and/or offer similar protection against surface weed invasion but at a lower
cost for the operations and maintenance . 19
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Date Due: October 30, 2020
Deliverable: A final report to include a technology evaluation matrix, conceptual
site plan, and engineers cost estimate for all viable options.
Task Amount: $29,088.00 U)
Task 2: DEO - Canal Restoration Work Plan
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In April 2019 Governor DeSantis announced the state Department of Economic
Opportunity (DEO) will launch a Canal Restoration Work Program for the Florida 0
Keys that will set forth a definitive timellne for canal restoration with essential
milestones for the completion of the project,
Background: The Florida Department of Economic Opportunity (DEO) assists the
Governor in advancing Florida's economy by championing the state's economic
development vision and by administering state and federal programs and initiatives
to help visitors, citizens, businesses, and communities. DEO's goals and objectives
which are aligned with the core principles of the Monroe County Canal Restoration
Program include but are not limited to: providing loans, grants and other financial
support for small businesses and targeted industries in both rural and metro
communities; ensure accountability, efficiency and quality of DEO programs,
services and partnerships to safeguard taxpayer dollars; expanding collaboration
with federal, state, regional and local organizations to ensure successful
implementation of statewide economic development goals; and provide prioritized
technical assistance, services and financial resources to ensure the success of
Floridians and their communities. Due to the importance of improving water quality
In the Florida Keys and the extent of the documented issues with poor water quality
In Monroe County residential canals, Monroe County and the DEO are willing
partners that are seeking an avenue to collaborate on the future of the Canal IL
Restoration Program,
Monroe County as well as, the Village of Islamorada and the City of Marathon,
beginning in 2014, have implemented a series of technology driven demonstration
projects focused on the restoration of water quality in residential canals. Monroe
County with financial support from EPA Grant No. 00D83418 is the process of
completing the Monroe County Canal Restoration Guidance Document. Currently,
each canal proposed for restoration is presented to the Water Quality Protection
Program Canal Subcommittee (also referred to as: Canal Restoration Advisory
Subcommittee)for their approval. The purpose of Monroe County Canal Restoration
Guidance Document is to establish a framework for the authorization of canal
restoration projects and assist staff in the selection of canal restoration projects so
that the initiative can take fullest advantage of the limited funding resources 19
available. Due to the number of canals that could potentially be restored and
technical aspects of the restorations, as well as the requirements to allocate and
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spend certain funds within a set timeframe; upon acceptance of the principles laid
forth in the Guidance Document, the County and each municipality will be able to 19
move forward with canal restoration projects in a more efficient manner.
Methods: In order to ensure that the Canal Restoration Program takes fullest
advantage of the opportunities presented by the Governor of Florida and the DEO,
Monroe County is proposing to work with DEO to develop technical memorandum U)
bridging documents that connect the goals and objectives of the DEO with the
technical directives presented in the Monroe County Canal Restoration Guidance
Document. Upon developing a cohesive bridging document that aligns the goals and
objectives and procedures of the entities that have previously participated in the
canal restoration program with the DEO, a uniform presentation detailing the
potential future of the Canal Restoration Program to the FKNMS Steering
Committee would be conducted. The objective Is to ensure the State, County and
local municipalities goals are enmeshed into the final DEO Work Plan for purpose of
achieving the goal of improving water quality in the Florida Keys. �s
Date Due: October 30, 2020
Deliverable: A technical memorandum bridging document that aligns the goals
and objectives and procedures of the entities that have previously participated in
the canal restoration program with the DEO, a uniform presentation detailing the
potential future of the Canal Restoration Program to the public would be
conducted.
Task Amount: $58,251.00
Task 3: Florida Keys Sar assum Master Plan- Phase 'I
Sargassum loading is an issue throughout the Florida Keys not only with the
degraded water duality within the canals but also creates potential health risks for
vulnerable individuals. The loading issue is a recurring concern that commences
resident's request for assistance from the County and municipalities.
Background: The Florida Department of Health (FDOH) recently released a
"Sargassum Frequently Asked Questions" pamphlet to inform the resident living and
working on or near the coast of the health implications associated with the
sargassum loading. Florida Keys is a hot spot for the loading and is one of the
major issues for the degraded water quality within the canals and nearshore waters
within the FKNMS. The sargassum enters the canals and begins to decompose and
sink to the bottom of the canals. Organic matter loading along the bottom of the
canal systems causes a lack of dissolved oxygen. The heightened level of loading
is expected to continue well into the future, creating a need for a masterplan to
outline the methods for capturing, removing and disposal of it..
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Methods: Reports and publications relevant to sargassum loading and
management will be obtained from local, state and federal agencies, searches of19
online databases,, and other sources. The plan will provide flexible and cost-effective
sciutions for sargassum management practices throughout the Keys and satisfy the
existing and future needs of the community. It must address affordability and equity
Issues, reflect key stakeholder concerns, and satisfy environmental and regulatory
criteria and guidelines, The plan will establish a list of data gaps and necessary U)
actions to move forward with implementation. >
Date Due: October 30, 2020
Deliverable: A technical memorandum document that presents the information for
understanding the sargassum loading concems throughout the Florida Keys. A
more comprehensive document, appropriate to serve as a Keys-wide master cs
plan, will be developed in a future phase of the project if funding becomes
available U
Task Amount: $62,656.00
Article 7.1 Payment Sum.; The amount of the task order is a Lump Sum of One
Hundred and Forty-Nine Thousand Nine Hundred and Ninety-Five Dollars and
Zero Cents ($149.995.00)
7.1.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the CONSULTANT shall be paid according to the
Deliverable Schedule and according to the Florida Local Govemment Prompt
Payment Act, Section 218.70, Florida Statutes. Payments will be lump sum, as
indicated above. The Provider shall submit to the COUNTY an invoice with
supporting documentation in a form acceptable to the Clerk. Acceptability to the
Clerk Is based on generally accepted accounting principles and such laws, rules
and regulations as may govern the Clerk's disbursal of funds. 'The Sustainability
Director will review the request, note her approval on the request and forward it
to the Cleric for payment.
7.2.4 As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S
invoice shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data
In support of expenses for which payment is sought as the COUNTY may
require.
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IN WITNESS WHEREOF, each party caused the Task Order to be executed by U)
its duly authorized representative.
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CONSULTANT: WITNESS:
WOOD ENVIRONMENT
& INFRASTRUCTURE SOLUTIONS INC. 0
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Signature Date Signature Date
Office Manager
Title0
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: by: w
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Deputy Clerk Mayor/Chairman
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EXHIBIT A
EPA Grant
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X7-01 D00020-0 Pa e 1
GRANT NUMBER(FAIN): 01 DO0020 0
U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD 19
PROGRAM CODE: X7 11/04/2019 U)
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 11/11/2019
Cooperative Agreement PAYMENT METHOD: ACHO
4L ASAP 40959
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas Finance Center U)
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
5100 College Road 61 Forsyth Street Grants and Audit Management Section
Key West,FL 33040 Atlanta,GA 30303-8960 E-Mail: richardson.kenny®epe.gov t3
E-Mall: haag-rhonda(omonroecounty-ft.gov E-Mail: shadle.jennifer®epa.gov Phone:404-562-9021
Phone:305 453-8774 Phone:404-552-9436
PROJECT TITLE AND DESCRIPTION f>
Monroe County Canal Restoration
This action approves an award in the amount of$145,995 to Monroe County,Florida to address water quality Issues,canal management,and sargassum
removal within the Monroe County canals In South Florida.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
09/30/2019 - 10/30/2020 09/30/2019 - 10/30/2020 $149„995.00 $149;995,00 >
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NOTICE OF AWARD 91
9
Based an your Application dated 07/15/2019 including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA)hereby awards$149,995.EPA agrees to cost-share 100.006A of all approved budget period costs Incurred,up to and not exceeding
total federal funding of$149,995. 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 IL
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, E
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION 1 ADDRESS ORGANIZATION 1 ADDRESS IL
U.S.EPA,Region 4
61 Forsyth Street Water Division
Atlanta,GA 30303-8960 61 Forsyth Street
Atanta,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 U
11/04/2019
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EPA Funding Information x7-01D00020-0 Page2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL -19
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EPA Amount This Action S $149.995 $149,995
EPA In-Kind Amount $ $ $ 0
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Unexpended Prior Year Balance $ $ $0 O
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution S $ $0
Allowable Project Cost $0 $149,9951 $149,995
Assistance Program CFDA
66.436-Surveys Clean Water Act:Sec.104(b)(3) 2 CFR 200
Studies 2 CFR 1500 and 40 CFR 33
Investigations
Demonstrations
and Training Grants and Cooperative Agreements-
Section 104(b)(3)of the Clean Water Act
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Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation 1
Code Organization Class Organization Deobllgation
2004T00001 192C V 04TOORR OOOBK2 4183 149,99
0
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149;,99 M
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x7-01 D00020-0 Page 3
Bud et Summary Page 0
Table A-Object Class Category Total Approved Allowable 19
(Non-construction Budget Period Cost U)
1.Personnel $0
2.Fringe Benefits $0
3.Travel $0
4.Equipment $0
S.Supplies $0
6.Contractual $149,996 U)
7.Construction $0 >
8.Other $0
9.Total Direct Charges $149,995
10.Indirect Costs: % Base $0
11.Total(Share: Reciplent O.QQ% Federal 100,00 $149,995
12.Total Approved Assistance Amount $149,995
13.Program Income $0
14.Total EPA Amount Awarded This Action $149„995
IS.Total EPA Amount Awarded To Date $149„995
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X7-01 D00020-0 Page 4
Administrative Citi 19
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General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
lfttps:°'iwww epa ►ov?' rants/epa-general-terms-and-conditions-effective-October-1-2019-or-later
These terms and conditions are in addition to the assurances and certifications made as a part of the award U)
and the terms,conditions,or restrictions cited throughout the award.
gas
The EPA repository for the general terms and conditions by year can be found at:
htti)s:Hww`y.cp7.goV/ raiits/grant-terms-and-conditions.
GRANT-SPECIFIC ADMINISTRATIVE CONDITIONS
A. Correspondence Condition
The terms and conditions of this agreement require the submittal of reports,specific requests for approval,
or notifications to EPA. Unless otherwise noted,all such correspondence should be sent to the following .�
email addresses:
Federal Financial Reports(SF-425): ;II .Vi 'i;,."::,
MBE/WI3E reports(EPA Form 5700-52A) �j1
l � `� h c l crtn��lrgov
i It M a nm. tinyc��epa ov(optional)
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All other formslcertification/assurances,Indirect Cost Rate Agreements,Requests for CL
Extensions of the Budget and Project Period,Amendment Requests, Requests for other
Prior Approvals,updates to recipient information(including email addresses,changes in
contact information or changes in authorized representatives)and other notifications:
Kenny Richardson/Grants Management Specialist
richardson.kenny@epa.gov E
404-562-9021
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Jennifer Shadle/Project Officer
shadle.jennifer@epa.gov
404-562-9436
Payment requests(if applicable):
Jennifer Shadle/Project Officer
shadle.jennifer@epa.gov
404-562-9436 O
Quality Assurance documents,workplan revisions,equipment lists,programmatic reports
and deliverables:
Jennifer Shadle/Project Officer
shadle.jennifer@epa.gov
404-562-9436 -19
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B. Extension of Project/Budget Period Expiration Date
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EPA has not exercised the waiver option to allow automatic one-time extensions for non-research grants 0
under 2 CFR 200.308 (d)(2).Therefore, if a no-cost time extension is necessary to extend the period of 19
availability of funds the recipient must submit a written request to the EPA prior to the budgetproject
period expiration dates.The written request must include: a 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 general,administrative, and/or programmatic terms and conditions of this U)
assistance agreement,the recipient must ensure that they are submitted along with or prior to submitting >
the no-cost time extension request.
C. Disadvantaged Business Enterprise(DBEs)
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 except as �?
described below based upon the associated class deviation.
EPA MBE/WBE CERTIFICATION,40 CFR,Part 33,Subpart B
A class exception to the following provisions of Subpart B of 40 CFR Part 33 has been issued suspending
the EPA MBE/WBE certification program: §33.204(a)(3)providing that an entity may apply to EPA
MBE or WBE certification after unsuccessfully attempting to obtain certification as otherwise described
CL
in §33.204; and §33.205 through and including§33.211.The class exception was authorized pursuant to CL
the authority in 2 CFR 1500.3(b).
FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D
A class exception to the entire Subpart D of 40 CFR Part 33 has been authorized pursuant to the authority
in 2 CFR 1500.3(b).Notwithstanding Subpart D of 40 CFR Part 33,recipients are not required to
negotiate or apply fair share objectives in procurements under assistance agreements.
cm
MBE/WBE REPORTING-SPECIFIC CHANGES PURSUANT TO CLASS DEVIATION,40 CFR,
IL
Part 33,Subpart E
When required,the recipient agrees to complete and 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
htt s: �w%NN% e a,uov`grantsic a-grantee-Firms.
Reporting is required for assistance agreements where funds are 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)with a cumulative total that exceed the
threshold amount of$250,000, including amendments and/or modifications. When reporting is required,
all procurement actions are reportable,not just that portion which exceeds $250,000.
MBE/WBE reports should be sent to:
To: Rae a rantsmbeN%berc ortin av a. 01
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Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days
after the end of the project period,whichever comes first.
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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.
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Programmatic Conditions
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A. Reportin¢ Reuuirements:To meet reporting requirements under 2 CFR 200.328(b)(1)and(b)(2)(i)
"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 U
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
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
discrepancies and 7. a statement of activity anticipated during the subsequent reporting period.
B. Ouality 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 htt .,,,ww%v.e a. ,ov/ tialitvi s-dots/r5-final. df. ICL
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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 htip:�'.iwww.epa.gova`owow,(nionitoringlnationalsurveys.htmi.
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C. Geospatial Data-In accordance with Circular A-16 and CIO Policy Transmittal 05-002,all
geospatial data created must be cons-istent with Federal Geographic Data Committee(FGDC)endorsed
standards. Information on these standards may be found at wwwjf dc.Rov.
D. Revisions of Bud et and Project Plans: Per 2 CFR 200.308 (b)Recipients are required to report
deviations from budget or project scope or objective,and request prior approvals from Federal awarding
agencies for budget and program plan revisions, in accordance with this section. 19
Programmatic Requirement: Recipients are requested to submit the appropriate 424A and budget object
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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 U)
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 U)
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.
E.Cybersecurily Re uirement: Per PN-2015-G05,(a)The recipient agrees that when collecting and
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managing environmental data under this assistance agreement, it will protect the data by following all
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applicable State law cybersecurity requirements. (b)(1)EPA must ensure that any connections between CL
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 IL
requirements,including entering into Interconnection Service Agreements as appropriate.This condition
does not apply to manual entry of data by the recipient into systems operated and used by EPA's
regulatory programs for the submission of reporting and/or compliance data. �
(2)The recipient agrees that any subawards it makes under this agreement will require the subrecipient to
comply with the requirements in(b)(1)if the subrecipient's network or information system is connected
to EPA networks to transfer data to the Agency using systems other than the Environmental Information
Exchange Network or EPA's Central Data Exchange.The recipient will be in compliance with this
condition: by including this requirement in subaward agreements;and during subrecipient monitoring
deemed necessary by the recipient under 2 CFR 200.331(d),by inquiring whether the subrecipient has
contacted the EPA Project Officer.Nothing in this condition requires the recipient to contact the EPA
Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection
Service Agreement between the subrecipient and EPA.
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F. Clean Water Act Regulation Adherence: The Grantee is responsible for adhering to all applicable U)
Federal and state laws, including the Clean Water Act(CWA)and regulations,and ensuring compliance i
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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 U)
project.
G.Substantial Involvement: In accordance with the EPA Order 5700.1, Section 7(b)(1),the agreement
is being awarded as a cooperative agreement per 2 CFR 200.24 due to EPA's role in this agreement under
Clean Water Act Section 104(b)(3)to include,among other activities,the review and approval of work U)
plan, review and approval of reports,and technical assistance, as requested to complete the objectives of
this project.
H. Pre-Award Costs: pre-award costs are those incurred prior to the effective date of the Federal award
directly pursuant to the negotiation and in anticipation of the Federal award where such costs are
necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the
extend that they would have been allowable if incurred after the date of the Federal award and only with
the written approval of the Federal awarding agency. The program is approving the pre-award costs
incurred due to the timely of the FY 19 awards and recommended start date in the Request for
Applications.
1.Technical Officer for this grant is Steve Blackburn at blackburn.steven@epa.gov.
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