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1st Amendment 10/16/2019 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 a" No Cost Amendment 09/30/2019 ��11��III��u7IV in101�l111u° Assistance Amendment 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 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 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 additional time to achieve the goals of their work plan. 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 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$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 and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS U.S. EPA, Region 4 61 Forsyth Street Water Protection Division Atlanta,GA 30303-8960 61 Forsyth Street Atlanta,GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Kenny Richardson -Grants Management Specialist DATE 09/30/2019 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 Unexpended Prior Year Balance $0 $ $0 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 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 2 CFR 1500 and 40 CFR 33 Clean Water Act Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation 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 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 $0 16.Total EPA Amount Awarded To Date $100,456 X7-OOD83418-1 Page 4 Administrative Conditions The following conditions have been revised: General Terms and Conditions 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: kxgu s atid 0",o,tl 'h'otis Q,�lQ;d;h'vc odyu,�tlubc � 20 8 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. 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. GRANT-SPECIFIC ADMINISTRATIVE CONDITIONS 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. ------------- 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. 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. 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 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 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. The recipient must make reporting a requirement of all sub-awards/loans. All procurement 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 indicated for the "last report"of the project in section 1B of the form. Annual reports are due by October 30a'of each year. Final reports are due by October 30a'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 5700-52A can be found at the EPA Office of Small Business Program's Home Page at MBE/WBE reports should be sent to: R/kmq?mratlIstl Nmbcr(lpd (�tig cc: III] m i iu ui ui i ?. Attiiv II[(eiii oii Illyuitlllmi.�u~tlll :�aum. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at 1 Up y�nn �`,.���2:n� �n by a:%„��� ���� n��uu�- 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 . 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 that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity study,to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame,the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS,40 CFR,Part 33, Subpart C Pursuant to 40 CFR, Section 33.301,the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients,and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a)Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e)Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a)through(e) of this section. CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST,40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant,agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c)for specific requirements and exemptions. All Administrative Conditions Remain the Same Programmatic Conditions All Programmatic Conditions Remain the Same