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HomeMy WebLinkAboutItem N5 N5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting August 20, 2025 Agenda Item Number: N5 2023-3493 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: Approval to enter into a $393,888 Task Order#2 to the contract with WSP USA Inc. under the Category A on-call canal master planning contract for a canal water quality monitoring program and ranking shoreline management practices, funded by EPA Grant 05D37325. ITEM BACKGROUND: This Task Order provides services in the amount of$393,888 to Monroe County, Florida. The purpose of this project is to implement quarterly water quality sampling and monitoring in 152 canals in Monroe and Marathon. Activities to be performed include monitoring poor and fair canals on the restoration list, create criteria to evaluate and rank shoreline management practices and materials,produce a database with criteria and ranking for shoreline stabilization measures including type, cost,permit concerns, and ecosystem benefits for the Florida Keys Resiliency Program. Anticipated deliverables include annual reports and improved water quality. Expected outcome is to further the initiatives of the County and municipalities to successfully restore the water quality of the canals and ultimately the nearshore waters of the Florida Keys National Marine Sanctuary. Direct beneficiaries are citizens in the State of Florida and Monroe County. PREVIOUS RELEVANT BOCC ACTION: 08-18-21: Approval to advertise on call professional engineering services for the resilience and canal restoration programs, including Category A - Canal Master Plan Program Planning Services, Category B -Canal Infrastructure Engineering Services for Projects and Category C - Resilience/Environmental Engineering Services. RFQ was issued in August 2021. 01/21/22: BOCC approval to contract with Wood for Category A, Canal Master Plan Program Planning Services. 11/15/22: Approval to enter into a $0 Amendment No. 1 to the contract with Wood Environment & Infrastructure Solutions, Inc. for on-call professional engineering services for the Category A - Canal 3723 Master Planning Services for a name change to WSP USA Environment & Infrastructure Inc.; retroactive to September 26, 2022. 07/17/24: Ratification of a $410,498 Grant Agreement No. SF-03DO9924-0 from the United States Environmental Protection Agency "EPA" for five water quality projects including 1) water quality sampling and monitoring, 2) technology effectiveness evaluation and nearshore connection study evaluation, 3) gravity injection wells monitoring, 4) public outreach, and 5) seagrass restoration within canals in the Keys; retroactive to April 1, 2024 with $0 local match required; and to ratify the Certificate Regarding Lobbying by Monroe County. 07/17/24:Approval to enter into a $410,498 Task Order#1 to the contract with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category A on-call contract for five water quality projects including 1) water quality sampling and monitoring, 2) technology effectiveness evaluation and nearshore connection study evaluation, 3) gravity injection wells monitoring, 4) public outreach, and 5) seagrass mitigation evaluation to help streamline the permitting process, funded by EPA Grant SF-03D09924-0; retroactive to May 4, 2024. 01/15/25: Approval to enter into Amendment #2 to the contract with WSP USA Environment & Infrastructure Solutions, Inc. (formerly Wood) under the Category A on-call canal master planning contract for a name change to WSP USA Inc.; retroactive to January 1, 2025. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Task Order#2 for EPA grant 05D37325 work implementation. STAFF RECOMMENDATION: Approval. DOCUMENTATION: WSP USA Task Order#2 Category A(8-20-25)Attorney Stamped- JXD (2).pdf FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: 08/30/2027 $ Value of Task Order#2: 393,888 Total Dollar Value of Contract: $804,386. Total Cost to County: $0 Current Year Portion: $25,000 estimated Budgeted: Grant Funded Source of Funds: EPA Grant 05D37325 CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes. Additional Details: 3724 TASK ORDER #2 FOR CATEGORY A ON-CALL PROFESSIONAL ENGINEERING SERVICES FOR CANAL MANAGEMENT PROGRAM AND MASTER PLANNING SERVICES BETWEEN MONROE COUNTY AND WSP USA INC. FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY SOUTH FLORIDA GEOGRAPHIC INITIATIVES PROGRAM CANAL WATER QUALITY GRANT IN MONROE COUNTY, FLORIDA This Task Order No. 2 is entered into on August 20, 2025, in accordance with the Continuing Contract for On-Call Professional Engineering Services made and entered on the 21 st day of January 2021 and as amended under Amendment No.2 dated January 15, 2025, between Monroe County, hereinafter referred to as the "County" and WSP USA Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $7,500,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00("Agreement"), as provided in Subsection 287.055(2)(g), Florida Statutes, as amended by Section 2, Chapter 2024-204, Laws of Florida, pursuant to which Recital No. 2 of the Contract is hereby modified, the parties enter into this Task Order ("Task Order"). 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 which will be specifically referenced in this Task Order, and the modification shall be precisely described. WITNESSETH WHEREAS, 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 component of the overall South Florida aquatic ecosystem restoration, an Area of Critical State Concern; and WHEREAS, in 2020, a Work Program for the Florida Keys canals was adopted by the Florida Administration Commission, requiring tasks the County and municipalities must complete. The County subsequently created a Canal Restoration List containing 96 canal projects to restore for $538 Million, ranging from $200,000 to $50 million per project.; and WHEREAS, The County has expended more than $20 Million to date to restore 15 canals. However, no formal process exists to evaluate the effectiveness of the canal projects other than one sample taken every 2 years under previous EPA grant funding. WHEREAS, the purpose of this task order is to implement a quarterly monitoring program to understand the seasonal and environmental variabilities within the canal systems and provide the effectiveness reporting that is required for meeting Rule 28- 20.140 (5)(d)12., Florida Administrative Code, which states: Beginning July 1, 2024, and annually thereafter until 2030, Monroe County shall assess the effectiveness of canal restoration in accordance with the plan identified in Subparagraph (5)(d)11. The Florida Department of Environmental Protection (DEP) will make monitoring information available to Monroe County to inform the assessment. i 3725 WHEREAS, the project will further the initiatives of the County to improve the water quality of the canals and ultimately the nearshore waters of the FKNMS; and WHEREAS the budget is $393,888 with 100% of the funds being provided by the U.S. Environmental Protection Agency(EPA) South Florida Geographic Initiatives Program Grant #SF-03D09924-) to improve and maintain the overall water quality of the canals, nearshore and coastal waters of the FKNMS. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and Consultant agree as follows: ARTICLE 1.1 TERMS OF AGREEMENT: This Task Order is effective September 1, 2025, and shall expire on September 30, 2027. ARTICLE II SCOPE OF BASIC SERVICES, PARAGRAPH 2.1.1 IS AMENDED AS FOLLOWS: The Consultant shall comply in all respects with the terms and conditions contained in the EPA Grant Agreement #40-05D37325-0, attached as Exhibit A hereto and incorporated by reference. The Consultant shall perform the following tasks: Task 1: Quarterly Water Quality Sampling and Monitoring in 152 Canals in Monroe County and Marathon This task consists of a two year, quarterly dissolved oxygen (DO) data collection for 152 canals, including all restored canals, within the County and City of Marathon to evaluate the success of restored canals, provide seasonal results on the conditions of the canal(s), provide the County and City with data to make informed decisions on which canal to select for restoration, restoration technology to use, to determine impairment under Chapter 62- 303, Florida Administrative Code and to provide outreach to residents. Sampling from a boat, the Consultant will collect a rotating series of Dissolved Oxygen (DO) readings in the 152 canals, across the vertical profile using a Yellow Springs Instrument Water Quality Meter (YSI). Pursuant to the Florida Department of Environmental Protection (FDEP), readings will be collected from one foot below the water surface, and two feet above the canal bottom and averaged to characterize the dissolved oxygen of the water column. Each measurement will be corrected for the time of day that the sample was collected pursuant to the methodology developed for the 2017 water quality monitoring effort that was completed for Monroe County. The measurements will be collected from a central location within each canal. Quarterly grab samples will be collected from each canal to evaluate the seasonal variation in dissolved oxygen levels. The results of the analysis will be presented as an average DO reading with a time-of-day correction. Based on recommendations from the FDEP, the one-time DO readings will be collected from the approximate canal center. If a canal is exceptionally long (greater than 0.5 miles in length with multiple 90 degree turns), readings will be collected from multiple locations and averaged so that the canal is represented and ranked by one DO reading. 2 3726 The water quality samples will be taken quarterly for two years; totaling 8 readings per canal in order to make planning determinations in accordance with Rule 62-303.420, Florida Administrative Code Aquatic Life-Based Water Quality Criteria Assessment (Table 3: Verified List) for determining whether a canal meets the State water quality standards for DO and whether restoration technologies are effective. Deliverables:An executive summary along with updated CMM P database will be submitted to the County and City detailing the results of the proposed activities for the collection of DO data from the 152 canals and an evaluation of Rule 62-303.420, Aquatic Life-Based Water Quality Criteria Assessment (Table 3: Verified List) for determining whether a canal meets the State water quality standards for DO.A separate list will be provided detailing the results for the restored canals. The County will provide outreach through presentations at semi- annual Florida Keys National Marine Sanctuary ( FKNMS) Water Quality Protection Program (WQPP) Steering Committee meetings during the grant. Schedule: Within 24 months of Notice-to-Proceed (NTP). Task 2: Criteria to Evaluate and Rank Shoreline Management Practices and Materials Monroe County is among the most vulnerable communities in the nation to rising sea levels, with a 120-mile archipelago of islands, most of which are at or near sea level, as well as ranking among the highest areas in the country for impacts of tidal flooding. Being a coastal community exposes the population to the long-term Sea Level Rise (SLR) risks, including public infrastructure and natural habitats within these highly vulnerable zones. Tidal shorelines in the Florida Keys have seen much erosion from a) increased storm surge, b) sea level rise and c) loss of habitat. A basic challenge of shoreline management is how to balance maintaining natural shoreline processes and habitats fundamental to the character and health of the Florida Keys with the legal right of shoreline property owners to protect their properties from erosion. The development of shoreline management practices will be integral for the Keys, consisting of a) structural or hard practices, b) vegetated practices, or c) a mix of hardened and vegetative practices often called a hybrid approach. An abundance of new practices and materials have emerged, with little information available to compare them. The proposed task will create criteria and rank methods and materials that will help prioritize projects for habitat restoration and water quality improvement for the nearshore waters and ecosystem of the FKNMS. Deliverables:A technical report with a database with ranking for the shoreline management practices and materials submitted to County and municipalities. Schedule: within 24 months of Notice-to-Proceed (NTP). Article VII. Paragraph 7.1.1 is amended to include the following: The Consultant shall be paid Three Hundred, Ninety-Three Thousand, Eight Hundred, Eighty-Eight Dollars and Zero cents ($393,888.00) on a lump sum basis for the services described above. 3 3727 TASK DESCRIPTION DELIVERABL COST DUE DATE E DUE DATE Water Quality Sampling and Task 1 Monitoring in 300 Canals in Monroe 07/30/2027 $312,444.00 08/30/2027 County and Municipalities Canal Technology Effectiveness Task 2 Evaluation and Nearshore 07/30/2027 $81,444.0008/30/2027 Connection Study Evaluation TOTAL (LUMP SUM) $393,888.00 IN WITNESS WHEREOF, each party caused this Task Order#2 to be executed by its duly authorized representative. CONSULTANT: WITNESS: WSP USA. nc. - % 08/11/2025z 08/11/2025 Signature f Date Signature Date Assistant Vice President, Florida Civil Design Team Lead Title (SEAL) ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman MONROE COUNTY ATTOMNlE'Y"S OFFICE APPROVED AS TO FORM Date: ,.,,,bmSTMT COUNTY ArrORNEY 4 DATE: 08-11-2025 3728 EXHIBIT A-EPA GRANT 051D37325 5 3729 40-05D37325-0 Page 1 GRANT NUMBER(FAIN): 05D37325 MODIFICATION NUMBER: 0 DATE OF AWARD U.S. ENVIRONMENTAL PROGRAM CODE: 40 08/02/2025 PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 08/06/2025 Cooperative Agreement PAYMENT METHOD: ACH# "1t PROI ASAP 40959 RECIPIENT TYPE: Send Payment Request to: County Contact EPA RTPFC at:rtpfc-grants@epa.gov RECIPIENT: PAYEE: COUNTY OF MONROE COUNTY OF MONROE 1100 SIMONTON ST 5100 College Road KEY WEST, FL 33040-3110 Key West, FL 33040 EIN: 59-6000749 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Rhonda Haag Devon Jenrette Jessica Hamrick 102050 Overseas Highway Suite 246 61 Forsyth Street SW Grants Management Section Key Largo, FL 33037 Atlanta,GA 30303-8960 61 Forsyth Street, S.W. Email: haag-rhonda@monroecounty-fl.gov Email: jenrette.devon@epa.gov Atlanta,GA 30303-8960 Phone: 305-453-8774 Phone:404-562-8681 Email: hamrick.jessica@epa.gov Phone:404-562-8889 PROJECT TITLE AND DESCRIPTION South Florida Geographic Initiatives Program This agreement provides funding in the amount of$393,888 to County of Monroe, Florida.The purpose of this project is to implement quarterly water quality sampling and monitoring in 152 canals in Monroe and Marathon.Activities to be performed include monitoring poor and fair canals on the restoration list, create criteria to evaluate and rank shoreline management practices and materials, produce a database with criteria and ranking for shoreline stabilization measures including type,cost,permit concerns,and ecosystem benefits for the Florida Keys Resiliency Program.Anticipated deliverables include annual reports and improved water quality. Expected outcome is to further the initiatives of the County and municipalities to successfully restore the water quality of the canals and ultimately the nearshore waters of the Florida Keys National Marine Sanctuary. Direct beneficiaries are citizens in the state of Florida.--No subawards are included in this assistance agreement. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 09/01/2025-08/30/2027 09/01/2025-08/30/2027 $393,888.00 $393,888.00 NOTICE OF AWARD Based on your Application dated 07/26/2024 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$393,888.00. EPA agrees to cost-share 100.00%of all approved budget period costs incurred, up to and not exceeding total federal funding of$393,888.00. 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 U.S. EPA, Region 4,Water Division 61 Forsyth Street R4-Region 4 Atlanta,GA 30303-8960 61 Forsyth Street SW Atlanta,GA 30303-8960 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA AWard Official Shantel Shelmon-Grants Management Officer DATE 08/02/2025 3730 40-05D37325-0 Page 2 EPA Funding Information FUNDS FORMERAWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $0 $393,888 $393,888 EPA In-!Kind Amount $0 $0 $0 Unexpended Prior Year Balance $0 $0 $0 Other Federal Funds $0 $0 $0 Recipient Contribution $0 $0 $0 State Contribution $0 $0 $0 Local Contribution $0 $0 $0 Other Contribution $0 $0 $0 Allowable Project Cost $0 $393,888 $393,888 Assistance Program Statutory Authority Regulatory Authority 66.484-Geographic Programs-South Florida Clean Water Act: Sec. 104(b)(3)&Infrastructure 2 CFR 200,2 CFR 1500 and 40 CFR 33 Geographic Initiatives Program Investment and Jobs Act(IIJA)(PL 117-58)&2021 Consolidated Appropriations Act(PL 116-260) Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation Code Organization Class Organization Deobligation 2504TC5028 24 1 BSD 04TOORR OOOBK2XI7 4183 $393,888 $393,888 3731 40-05D37325-0 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 $393,888 7.Construction $0 8.Other $0 9.Total Direct Charges $393,888 10.Indirect Costs:0.00%Base $0 11.Total(Share:Recipient 0.00%Federal 100.00%) $393,888 12.Total Approved Assistance Amount $393,888 13.Program Income $0 14.Total EPA Amount Awarded This Action $393,888 15.Total EPA Amount Awarded To Date $393,888 3732 wz 05o37325 u Page 4 Administrative Conditions General Terms and Con0onm The recipient agrees to comply with the current EPA general terms and conditions available at: These terms and conditions are in addition Vo 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 bo found at: A Correspondence Condition The terms and conditions of this agreement require the submittal of reports, specific requests for approval,or notifications to EPA. Un|000 otherwise noted,all such correspondence should bosent to the following email addresses: ^ Federal Financial Reports(SF-425): andJ000ioaHamhok. 404-562-8889 ^All other fonno/cortifioaUons/aooumn000. Indirect Cost Rate Agreements, Requests for 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 orchanges in authorized representatives)and other notifications: Devon Jenrette, 404-562-8681 ^ Payment requests(if app|ioab|o): Devon Jenrette, 404-562-8681 ^Quality Assurance documents,mmrkp|an revisions,equipment lists, programmatic reports and deliverables: Devon Jenrette, anrette^ 404-562-8681 3733 40-05D37325-0 Page 5 Programmatic Conditions South Florida Geographic Initiatives Program IIJA FY24 Grant Specific Programmatic Terms and Conditions A. Performance Reporting and Final Performance Report Performance Reports—Content In accordance with 2 CFR 200.329, the recipient must relate financial data and project or program accomplishments to the performance goals and objectives of the EPA award and must provide cost information to demonstrate cost-effective practices (for example, through unit cost data) when reporting program performance. The recipient agrees to submit performance reports that include information on each of the following areas: 1) A comparison of accomplishments to the outputs/outcomes established in the assistance agreement work plan for the reporting period (for example, comparing costs to units of accomplishment); 2) explanations on why established outputs/outcomes were not met; and 3) Additional information, analysis, and explanation of cost overruns or higher-than-expected-unit costs. Additionally, the recipient agrees to notify the EPA when a significant development occurs that could impact the award. Significant developments include events that enable meeting milestones and objectives sooner or at less cost than anticipated or that produce different beneficial results than originally planned. Significant developments also include problems, delays, or adverse conditions which will impact the ability to meet the milestones or objectives of the award, including outputs/outcomes specified in the assistance agreement work plan. If the significant developments negatively impact the award, the recipient must include information on their plan for corrective action and any assistance needed to resolve the situation. (See. ..r :n.t. .....11::3o.li. y Issuance 11 03 State Grant Workpllens and l::3rogress l:'R r�s for more information) Performance Reports - Frequency The recipient agrees to submit annual performance reports electronically to the EPA Project Officer on December 31st annually. The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance. 1. Annual performance reports are required; they are to be submitted electronically to the EPA Project Officer Ms. Devon Jenrette at jenrette.devon@epa.gov and Technical Officer Mr. Chris Decker at decker.chris@epa.gov. B. Cybersecurity Condition (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an for the purpose of transferring information. Transitory, user-controlled 3734 40-05D37325-0 Page 6 connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental external IT system Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected 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 or subrecipient under 2 CFR 200.332(e), 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. C. Competency Policy Competency of Organizations Generating Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at.h.�.�;p. .;//yrWn.,... pa.gov/measurements . . .d e.11.lia /docurrnen s about rrneasurerrnen corm e enc under asslistance a reements or a copy may also be requested by contacting the EPA Project Officer for this award. D. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at.I ::.p. .;. E. Quality Assurance Authority: Quality Assurance applies to all assistance agreements involving environmental information as defined in 2 C.F.R. § 1500.12 Quality Assurance. The recipient shall ensure that subawards involving environmental information issued under this agreement include appropriate quality requirements for the work. The recipient shall ensure sub-award recipients develop and implement the Quality Assurance (QA) planning documents in accordance with this term and condition; and/or ensure sub-award recipients implement all applicable approved QA planning 3735 40-05D37325-0 Page 7 documents. All work funded by EPA that involves the collection, generation, evaluation or use of environmental information and/or the design, construction, operation, or application of environmental technology shall be implemented in accordance with an approved QA Project Plan QAPP. The QAPP will be developed using a systematic planning process based on the graded approach. No work covered by this requirement shall be implemented without an approved QAPP available prior to the start of the work except under circumstances requiring immediate action to protect human health and the environment or operations conducted under police powers. Quality Assurance Project Plan /Quality Management Plan (QAPP/QMP) a. Prior to beginning environmental information operations, the recipient must: i. Develop a QAPP/QMP utilizing the QAPP/QMP checklist provided by Region 4 Project Officer (PO) or Technical Officer (TO), ii. Prepare QAPP in accordance with the most current version of the EPA QMP Standard (CIO 2105-S-01) and the EPA QAPP Standard (CIO 2105-S-02) iii. Submit the document to EPA Project Officer or Technical Officer for review assignment and, iv. Obtain EPA Quality Assurance Manager or Designated Approving official (DAO) approval. b. The recipient must submit the QAPP/QMP no more than 90 days after grant award. c. The recipient shall notify the PO or TO and when substantive changes are needed to the QAPP/QMP. Substantive changes require the QAPP be revised and resubmitted to EPA for review and approval. d. The recipient must review their approved QAPP at least annually and document the review. The recipient must provide written notification to the PO/TO that the annual review has been completed and state whether or not revisions are required. e. EPA-approved QAPPs shall be valid for no more than five years or shorter duration as may be defined in the extramural agreement, after 5 years, the QAPP must be revised, reissued, or closed out. For Reference: EPA 2023 Quality Management Plan (QMP) Standard and EPA 2023 QAPP Standard; contain quality specifications for EPA and non-EPA organizations and definitions applicable to these terms and conditions. EPA QA/G-5: Guidance for Quality Assurance Project Plans, Appendix C provides a QAPP Checklist. EPA's Quality Program website has a list of QA managers, and Quality Specifications for non-EPA Organizations to do business with EPA. The Office of Grants and Debarment Quality Assurance Requirements 3736 40-05D37325-0 Page 8 F. Substantial Involvement EPA will be substantially involved in this agreement. Substantial involvement by the EPA Project Officer may include: 1.) monthly telephone calls and other monitoring, 2.) reviewing project phases and providing approval to continue to the next phase, 3.) reviewing and commenting on any documents, web content, or other materials developed under this agreement (the recipient will make final decisions on these matters), 4.) approving substantive terms included in contracts or subawards (EPA's Project Officer will not suggest, recommend, or direct the recipient to select any particular contractor except to the extent permitted in Section 10 of EPA's Subaward Policy). 5.) reviewing and commenting on the programmatic progress reports 6.) Consultation with EPA regarding the selection of key personnel (EPA's involvement is limited to reviewing the technical qualifications of key personnel and the recipient will make the final decisions on selection. EPA's Project Officer will not suggest, recommend or direct the recipient to select any individual). 7.) Joint operational involvement, participation, and/or collaboration between EPA and the recipient. G. EPA Technical Point of Contact EPA Technical Officer is Chris Decker at decker.chris@epa.gov. 3737