HomeMy WebLinkAboutExhibit 19.1 . QFd9Ai n0 - n porno i
ASSISTANCE iD NO.
U.S. ENVIRONMENTAL
DATE OF AWARD
PRG DOC ID JAMEND#
2J - 95428109 - 0
' t
PROTECTION AGENCY
09/24/2009
TYPE OF ACTION
MAILING DATE
c3
New
09/24/2009
Cooperative Agreement
PAYMENT METHOD:
ACH#
c�
ASAP
40237
RECIPIENTTYPE:
Send Payment Request to:
Municipal
Las Vegas Finance Center
RECIPIENT:
PAYEE:
City of Miami
City of Miami
444 SW 2nd Avenue
444 SW 2nd Avenue
Miami, FL 33130
Miami, FL 33130
EIN: 59-6000375
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Glendon P. Hall
Nicole Bates
Keva Lloyd
444 SW 2nd Avenue
61 Forsyth Street
Grants Management Office
Miami, FL 33130
Atlanta, GA 30303-8960
E -Mall: Lloyd.Keva*epa.gov
E -Mail: GPHall@mlamigov.com
E -Mail: Bates.Nloola@epamall.epa.gov
Phone: 404-562-8420
Phone: 305.416.1453
Phone: 404-562-9966
PROJECT TITLE AND DESCRIPTION
Brownfields Assessment and Cleanup Cooperative Agreements
This award provides American Recovery and Reinvestment Act (ARRA) funding to train residents for the skills necessary to gain employment with companies
--that-assess-and-remediate brownfield properties In the _City _of -Miami,. Florida.__
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST .
10/01/2009 - 09/30/2012
10/01/2009 - 09/30/2012
$500,ob0.00
$500,000.00
NOTICE OF AWARD
Based on your application dated 08/11/2009, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $500,000. EPA agrees to cost -share 100.000/6 of all approved budget period costs indurred, up to and not exceeding
total federal funding of $500,000. Such award maybe terminated by EPA without further cause if the recipient falls to provide timely affirmation of the award .
by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt, or any extension of time, as maybe granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
FFICEORGANIZATION
ORGAN IZATIjON/ ADDRESS
-
ORGANIZATION / ADDRESS
U.S. EPA, Region 4
61 Forsyth Street
Resource Conservation and Recovery Act Division
Atlanta, GA 30303-8960
61 Forsyth Street
Atlanta, GA 30303-8960
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY '
SIGNATURE OF AWARD OFFICIAL
TYPED NAME AND TITLE
DATE
Digital signature applied by EPA Award Officlal
-
09/24/2009
Elaine Curies, Grants Management Officer
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
TYPED NAME AND TITLE
DATE
r
Robert Ruano, Director, Grants and Sustainable Initiatives
EPA Funding information ' 2J-95428109.0 Paget
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$ 500,000
$ 500,000
EPA In -Kind Amount
$
$
$ 0
Unexpended Prior Year Balance
$
$ \
$ 0
Other Federal Funds
$
$
$ 0
Recipient Contribution
$
$ 0.
$ 0
State Contribution
$
$
$ 0
Local Contribution
$
$
$ 0
Other Contribution
$
$
$ 0
Allowable Project Cost
$ 0
$ 500,000
$ 500,000
Assistance Program (CFDA)
Statutory Authority
Regulatory Authority
66.815 - Brownfield Job Training Cooperative
American Recovery and Reinvestment Act of
40 CFR PART 31
Agreements
2009
Slte/Project
Cost
CERCLA: Sec. 104(k)(6)
Fiscal
Site Name
Req No
FY
Approp.
Budget
PRC
Object
Slte/Project
Cost
Obligation /
Code
Organization
Class
Organization
Deobligation
0904VTS015
091C
E4S
04V
-402D79E
4115
G400SJ0
500,00
l
500,00
2J - 95428109 - 0 Page 3
Budoet Summary Paae
Table A. Object Class Category
(Mon -construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$0
2. Fringe Benefits
$0
S. Travel
$7,500
4. Equipment
$0
5. Supplies
$70,000
6. Contractual
$422,500
7. Construction
$0
8. Other
$0
9. Total Direct Charges '
$500,000
10. Indirect Costs: % Base
$0
11. Total (Share: Recipient 0.00 % Federal 100.00 %.)
$500,000
12. Total Approved Assistance Amount
$500,000
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$500,000
15. Total EPA Amount Awarded To Date
$500,000
'
r
ff
A
.0
2J - 95428109.0 Page 4
Administrative Conditions
1. ADVANCE METHOD OF PAYMENT
in accordance. with EPA regulations, the recipient is authorized to receive advance payments under this
agreement, provided that the recipient takes action to minimize the time elapsing between the transfer of
funds from EPA and the disbursement of those funds. -
2. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 -
36.230. Additionally, In accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth In Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http:l/www.access.gpo.gov/nara/cfr/walsidx-06/40cfr36—O6.htmi,
3. ELECTRONIC TRANSFER OF FUNDS -
The Debt Collection Improvement Act of 1996 requires that Federal payments be made by electronic
funds transfer after January 2, 1.999. In order to comply with the Act, a recipient must receive payments
via one of two electronic mechanisms available to them:
A) Automated Standard Application for Payments (ASAP)
ASAP is an automated drawdown system sponsored by the U.S. Department of the Treasury.
Recipients must enroll with Treasury. Additional information concerning ASAP can be
obtained by contacting the EPA Las Vegas Finance Center, at (702) 798-2485,
http:llwww'.epa.gov/ocfolfinservicestpayinfo.htm or by visiting www.fms.treas.gov/asap.
Under this payment mechanism, the recipient initiates, via ASAP, an electronic payment
request which is approved or rejected based on the amount of avaliable funds authorized by
EPA in the recipient's account. Approved funds are credited to the recipient organization at
the financial Institution identified on the recipient's ASAP enrollment application.
In order to receive payments via ASAP the recipient must first complete an ASAP enrollment
application and have an ASAP account set up,
B) Electronic Funds Transfer (EFT)
Under this payment mechanism, the recipient submits an EPA Payment Request Form to EPA for
approval. Approved funds are credited to the recipient organization at its designated financial
Institution. In order to receive EFT payments the recipient must first complete and return the ACH
Vendor/Miscellaneous Payment Enrollment form (TFS Form 3881) to the EPA Las Vegas
Finance Center. The Enrollment form can be found by visiting
http://www.epa.gov/ocfo/finservices/payinfo.htm#grants. Upon receipt and processing of the
enrollment form, the LVFC will send you a letter assigning you an EFT Control Number. At that'
time you will also receive an EFT payment process Recipient's manual along with a supply of
EPA Payment Requests and other required forms. Additional- information concerning EFT can be
obtained by contacting the EPA Las Vegas Finance Center, at (702) 798-2485.
4. FEDERAL FINANCIAL REPORTS/GRANT CLOSEOUT
A) Interim Federal Financial Reports (FFR)
An Interim Federal Financial Report (FFR-SF425) Is to be submitted to the Las Vegas Finance Center
within 90 days after the end of the quarter of the anniversary of the project period start date The following
reporting period end dates shall be used for interim reports: 3/31, 6/30, 9/30, or 12/31. interim FFRs
should be submitted to: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193 or by Fax to:
702-798-2423.'
B) Final Federal Financial Reports.
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Federal Financial Report—
also called the SF425 —to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after the
expiration of the budget period end date. Please note that these reports are required by EPA grant
regulations (see 40 Code of Federal Regulations §31.41(c)). Completed 8 F425 must be faxed to
702-798-2423 or mailed to the following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV
89193-8515. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and
accepting a final Financial Status Report,
C) Closeout
The Administrative Closeout Phase forthis grant will be initiated with the submission of a "final" FFR. A_ t
------ -
that time, the recipient must submit the following forms/reports to the EPA Grants Management Office if
applicable: ,
- Federally Owned. Property Report
- An Inventory of all Property Acquired with federal funds
- Contractor's or Grantee's Invention Disclosure Report (EPA Form 3340-3)
Additionally, the recipient's Final Request for Payment should be submitted to the LVFC.
5. HOTEL -MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or In part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel -Motel National Master List at
http://www.u.sfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not
required), or to find other Information about the Act.
6. LOBBYING AND LITIGATION -ALL RECIPIENTS
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
RESTRICTIONS ON LOBBYING
The recipient agrees -to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient
shall include the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
7. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as. a direct cost of carrying out the scope of work.
8. EXTENSION. OF PROJECT/BUDGET PERIOD EXPIRATION DATE (PART 31)
If a no cost time extension is necessaryto extend the period of availability of funds (budget period), the
recipient must submit a written request, including a justification as to why additional time is needed and an
estimated date of completion to the EPA, Grants Management Office prior to the budget/project period
expiration dates. An interim FFR must be submitted along with the request which covers all expenditures
- - _
9. RECYCLING AND WASTE PREVENTION
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007) and or 40 CFR
30.16, the recipient agrees to use recycled paper and double sided printing for all reports which are
prbpared as a part of this agreement and delivered to EPA. This requirement does not apply to reports
prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are
available through the General Services Administration.
STATE AGENCIES AND POLITICAL SUBDIVISIONS
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations Issued under RCRA Section 6002 apply to
any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
10. REIMBURSEMENT LIMITATION
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as
shown on line 15 in Its approved EPA budget, If the recipient incurs costs in anticipation of receiving
additional funds from EPA, It does so at is own risk. The recipient is responsible for ensuring that
projects funded under this agreement avoid unnecessary delays and are completed within the
EPA approved budget.
11. SINGLE AUDITS
In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal
funds -in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the SF -SAC and a Single Audit
Report Package. For fiscal periods 2002 to 2007 recipients are to submit hard copy to the following
address:
Federal Audit Clearinghouse
1201 East 10" Street
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a Single
Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions is available on the
Federal Audit Clearinghouse Web site: http://harvester.census.aoy/fac/
12. SUBAWARD POLICY
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
intain_primaryresponsibility for ensuring successful completion of the EPA -approved
project (this responsibility cannot be delegated cr transferred to a subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a) -(d) of OMB
Circular A-133 and are not used to acquire commercial goods or services for the recipient,
(4) Ensure that any subawards are awarded to eligible subreclplents and that proposed
subaward costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not Involve lobbying activities;
(6) Monitor the performance of their recipients and ensure that they comply with all
applicable regulations, statutes, and terms and conditions which flow down in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved
work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
Any questions about subreclplent eligibility or other Issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards may
be found at http://www.epa.gov/oad/gulde/sbbaward_pollcy-part-2.pdf. Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section 210(a) -(d)
of OMB Circular A-133 can be found at httr)://www,ei)a.goy/oad/guide/subawards-appendix-b.pdf
and http://www.whitehouse.gov/omb/circulars/al33/al33.html.
c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting
subaward. competitions.
13. SUSPENSION AND DEBARMENT
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. Recipient Is responsible for further requiring the inclusion of a similar term or
condition In any subsequent lower tier covered transactions. Recipient acknowledges that failing to
disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, -or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at www.epls.00v. This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
14. TRAFFICKING VICTIM PROTECTION ACT OF 2000
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,
the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award; without penalty, If a
subreciplent that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an Individual to an
organization that are provided In 2 CFR part 180, "OMB Guidelines to Agencles on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must Inform us immediately of any information you recelve from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 •U.S.C. 7104(g)),
and (2)-is-Inadditionto all-otherremedies for noncompliance that -are available -to us under this award. ---
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
15. CERTIFICATIONS
Prior to obligating funds for a particular project, recipient must (a) provide a certification from the Governor
or Chief Environmental Executive, as appropriate, stating that (1) the infrastructure investment has
received the full review and vetting required bylaw, and (2) the- Governor or Chief Environmental
Executive accepts responsibility that the Infrastructure investment is an appropriate use of taxpayer
dollars; and (b) ensure that the certification is posted on a website and linked to www.recovery.gov. The
certification shall include a description of the Investment, the estimated total cost, and the amount of
awarded funds to be used. For the purposes of this term and condition, "obligating funds" means entering
into a contract requiring payment for specified goods or services or entering into a loan, reserving funds
for a loan guarantee or bond issuance, or making a subaward (subgrant) of financial assistance.
16. SECTION 1512 REPORTING AND REGISTRATION REQUIREMENTS
Reporting and Registration Requirements under Section 1512 of the American Recovery and
Reinvestment Act of 2009, Public Law 111.5
(a) This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of Recovery Act
funds provided through this award. Information from these reports will be made available to the public.
(b) The initial report Is due by October 10, 2009. Thereafter, the reports are due no later than ten calendar
days after each calendar quarter In which the recipient receives the assistance award funded in whole or
in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration (www.cor.gov) at all times during which they have active federal awards funded with Recovery
Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is
one of the requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the Information described in section 1512(c) using the reporting instructions
and data elements that will be provided online at www.FedbralReporting.gov and ensure that any
information that is pre -filled is corrected or updated as needed.
17. INSPECTOR GENERAL REVIEWS
In addition to the access to records provisions of 2 CFR 215.53 or 40 CFR 31.42, and in accordance with
the provisions of section 1515 of the American Recovery and Reinvestment Act of 2009 (ARRA), recipient
agrees to allow any appropriate representative of the Office of Inspector General to (1) examine any
records of the recipient, any of Its procurement contractors and' subcontractors or subgrantees, or any
State or local agency administering such contract, that pertain to, and involve transactions relating to, the
procurement contract, subcontract, grant or subgrant; and (2) interview any officer or employee of the
recipient, subcontractor, grantee, subgrantee, or agency regarding such transactions.
The Grantee is advised that providing false, fictitious or misleading Information with respect to the receipt
and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or penalties.
Recipient should be aware that the findings of any review, alonq with any audits, conducted by an
Inspector general of a Federaf department or executive Agency and concerning funds awarded under
ARRA shall be posted on the inspector general's website and linked to www.recovery.aov, except that
information that is protected from disclosure under sections 552 and 552a of title 5, United States Code
may be redacted from the posted version.
18. PROTECTION OF WHISTLEBLOWERS
In accordance with section 1553 of the American Recovery and Reinvestment Act of 2009 (Act), recipient
agrees that employees of non -Federal employer receiving covered funds may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Recovery Accountability and Transparency Board, an
inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement Agency, a person with supervisory authority over the employee, a court or grand Jury, the
head of a Federal agency, or their representatives, Information that the employee reasonably believes Is .
evidence of (1) gross mismanagement of an agency contract or grant relating to grant funds; (2) a gross
waste of covered funds; (3) a substantlal and specific danger to- public health or safety related to
implementation or use of grant funds; (4) an abuse of authority related to implementation or use of
covered funds; or (5) a violation of law, rule, or regulation related to a grant awarded or issued relating to
covered funds.
19. FALSE CLAiM The grantee, and its sub -grantees must promptly refer to EPA's Inspector General
any credible evidence that a principal, employee, agent, sub -grantee contractor, subcontractor, loan
recipient, or other person has submitted a false claim under the False Claims Act or has committed a
crlminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving funds provided under this grant or sub -grants awarded by the grantee.
20. PREFERENCE FOR QUICK -START ACTIVITIES
Recipient shall use funds in a manner that maximizes job creation and economic benefit. And, recipients
using funds for infrastructure investment must give preference to funding activities that can be started and
completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be
Initiated not later than June 17, 2009,
21•. LIMIT ON FUNDS
Recipient shall not use funds for particular activities for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool'.
22. Transparency and Accountability — Single Audit Information for Recipients of Recovery Act
Funds
Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for informing Sub -recipients
(a) To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by Congress and in
accordance with 2 CFR 215, subpart_. 21 "Uniform Administrative Requirements for Grants and
Agreements" and OMB A-102 Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits
of States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal
Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This shall be
accomplished by identifying expenditures for Federal awards made under Recovery Act separately on the
SEFA, and as separate rows under Item 9_of Part III _o_n_the _SF -SAC , by_CFDA_number, _ and inclusion of
the prefix "ARRA-"in identifying the name of the Federal program on the SEFA and as the first characters
in Item 9d of Part IiI on the SF -SAC.
(c) Recipients agree to separately identify to each sub -recipient, and document at the time of sub -award
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the Information
furnished to sub -recipients shall distinguish the sub -awards of incremental Recovery Act funds from
regular sub -awards under the existing program.
(d) Recipients agree to require their sub -recipients to include on their SEFA Information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This
information Is needed to allow the recipient to properly monitor sub -recipient expenditure of ARRA funds
as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government
Accountability Office.
23, PAYMENT TO CONSULTANTS
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a
Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually. This limit applies to
consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.
As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include
transportation and subsistence'costs for travel performed (the recipient will paythese in accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this [imitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
24. OMB GUIDANCE
This award is subject to all applicable provisions of implementing guidance for the American Recovery and
Reinvestment Act of 2009 issued by the United States Office of Management and Budget, Including the
initial Implementing Guidance for the American Recovery and Reinvestment Act (M-09-10) issued on
February 18, 2009 and available on www.recoverv,gov, and any subsequent guidance documents issued
by OMB.
25. ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF FUNDS
Not later than 45 days after the enactment of ARRA and prior to receiving funds, Recipient must affirm
that either (1) the State Governor has certified that the State will request and use funds provided by the
Act and the funds will be used to create jobs and promote economic growth, or (2) if funds are not
accepted for use by the Governor of the State, the State legislature has accepted the funds by means of
adopting a concurrent resolution. After a State legislature's concurrent resolution, funding within the State
shall be distributed to local governments, councils of government, public entities, and public-private
entitles within the State either by formula or at the State's discretion.
26. The Grantee is advised that providing false, fictitious or misleading information with respect to the
receipt and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or
penalties.
27. 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 Program for Utilization of Small,
Minority and Women's Business Enterprises in procdrement under assistance agreements,
contained in 40 CFR, Part 33..
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share
objectives for MBE and WBE (MBEIWBE) participation in procurement under the financial
assistance agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of
all of the recipient's non -TAG assistance agreements from EPA In the current fiscal year is
$250,000, or mora. The recipient accepts the applicable MBE/WBE fair share objectives/goals
negotiated with EPA bythe 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 asFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate Its own MBEMBE fair share objectives/goals. if the
recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to
submit proposed MBEMBE 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, Pant 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) Require 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 fora 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.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year reporting period the recipient receives the award, -and continuing until the
project is completed. Only procurements with certified MSE/WBEs are counted toward a
.,recipient's. MBE/WBE accomplishments, The reports must be submitted semiannually for the
periods ending March Vt and September 30" for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,
Subpart A and Subpart B recipients are annual reporters),
The reports are due within 30 days of the end of the semiannual reporting periods (April 30
`h and October 30`h). Reports should be sent to:
EPA GRANTS MANAGEMENT OFFICE
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303
Final MBEIWBE reports must be submitted within 90 days after the project period of the
grant ends. Your grant cannot be officlally closed without all MBEIWBE reports,
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the Internet at www.et)a.gov/osbo .
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
capltalize 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.-
28..
nd-exemptions.-
28. This project receives funding under the American Recovery and Reinvestment Act of 2009 (ARRA)
and the grantee, sub -grantee or loan reciplent must display the ARRA Logo in a manner that informs the
public that the project Is an ARRA Investment, The ARRA logo may be obtained from the EPA grants
office listed In this award document, If the EPA logo is displayed along with the ARRA logo and logos of
other participating entities, the EPA logo must not be displayed in a manner that implies that EPA Itself is
conducting the project. Instead, the EPA logo must be accompanied with a statement, Indicating that the
grantee, sub -grantee or loan recipient received financial assistance from EPA for the project.
29. Recipients and subrecipients of Recovery Act funds or other Federal financial assistance must
comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act of 1975, and a variety bf program -specific
statutes with nondiscrimination requirements.
Other civil rights laws may impose additional requirements on recipients and subrecipients. These laws
Include, but are not limited to, Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national
origin, religion, and sex discrimination in employment), the Americans with Disabilities Act (prohibiting
disability discrimination in employment and in services provided by State and local governments,
businesses, and non-profit agencies), and the Fair Housing Act (prohibiting race, color, national origin,
age, family status, and disability discrimination in housing), as well as any other applicable civil rights laws.
For questions about these civil rights obligations, please call the EPA's Office of Civil Rights at
30. PRE -AWARD COSTS FOR RECOVERY ACT GRANTS TO STATE AND LOCAL GOVERNMENTS
SUBJECT TO 40 CFR PART 31 OTHER THAN CLEAN WATER OR DRINKING WATER STATE
REVOLVING FUND CAPiTILiZATION GRANTS AND SUPERFUND COOPERATIVE AGREEMENTS
In accordance with 2 CFR Part 225, Appendix B, Item 31, costs the recipient incurred up to 90 days prior
to award that were negotiated with EPA in anticipation of the award, Including preparing for expending
funds made available by the American Recovery and Reinvestment Act, and are necessary to comply with
the schedule for delivering work products during the period of performance are allowable provided the
costs:
1. Are eligible under the statutory authority for the award and are otherwise allowable under 2 CFR
Part 225, and;
2. Are for activities described in the EPA approved scope of work and included in the EPA approved
budget, and;
3: Were incurred in compliance with the procurement provisions of 40. CFR Part 39, 40 CFR Part 33,
and if applicable, 40 CFR Part 35, Subpart O, and;
4. Were not incurred for activities directly related to a casino or' other gambling establishment,
aquarium, zoo, golf course, or swimming pool, and;
5. Further the goals of the American Recovery and Reinvestment Act to create and preserve jobs,
promote economic recovery, and invest in environmental protection, and;
6. Are in compliance with the applicable provisions of the American Recovery and Reinvestment Act.
Pro_arammatic Conditions
Please see attached American Recovery and Reinvestment Act (ARRA) Brownfields Job Training
- -Cooperative Agreement -Terms and -Conditions. -- -