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TRANSCRIPT
I. .11 Iis^i^'7!*
Molly Joseph WardSecretary of Natural Resources
Date:
Contract No.:
Modification No.:
Issued Bv:
Contractor:
Commodity:
COMMONWEALTH of VIRGINIADEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219Mailing address: P.O. Box 1 105, Richmond, Virginia 2321 8
www.deq.virginia.gov
CONTRACT MODIFICATION AGREEMENT
October 5, 2016
15915
2
COMMONWEALTH OF VIRGINIADepartment of Environmental Quality629 East Main StreetRichmond, VA 23219
Mid Atlantic Regional Air Management Association
Virginia Clean Diesel Campaign
David K.. PaytorDirector
(804) 698-4000I-800-592-54S2
This Supplemenlal Agreement is entered into pursuant to the provisions of the basic contract.
Description of Modification at no additional cost:
$217, 112. 00 added for third year of contract. Grant total of agreement is $434, 158. 00.Contract period ends September 30, 2017.Invoice submitted twice a month.
Third year Scope of Work, Budget Narrative and MARAMA Budget Details and EPA Notice ofAward Attached.
Diesel Emission Reduction Act (DERA) Programmatic Terms and Conditions.All EPA approved workplan revisions become part of this contract.Revised and updated reporting requirements indicated below.Updated Certification of Sub Recipient Relationship Form.
THE REPORTING REQUIREMENTS ARE AS FOLLOWS:
Quarterly Reports Due Date
Oct-Dec2016Jan-Mar 2017Apr-Jun 2017Jul-Sept. 2017
Report Due DateJan. 15, 2017Apr. 15, 2017July 15, 2017Oct. 15, 2017
Oct2014-Sept. 2017
(April 1 - September 30)(October 1 - March 3 1)
October 20, 2017
October 15April 15
30 Days after close of agreement
Finaj Report
MBE/WBE Utilization
Lobbying Forms
REPORTS SHALL BE SEN! 10:
DEPARTMENT OF ENVIRONMENTAL QUALITYATTENTION: YOGESHIDOSHIP. O. Box 1105RICHMOND, VIRGINIA 23218-1105
Except _for the changes provided herein, all other terms and conditions of this contract remainand in full force and effect.
CONTRACTOR
By: ^J,SA M , M! ^ }iC>L i. i UtA^' (C'/^MS/^Signature Date
_Sy^LA S 6^- IL'J i c m\AnName (Type or Print)E K^£ LI ti \. ' £ V I I'fcLd +E<
Title
COMMONWEALTH OF VIRGINIA
By:Signature
^ /wv^ /y/^Date
Valerie E. ThomsonDirector of Administration
^EPA United StatesEnvironmental ProtectionAgency
Fiscal Years 2014, 2015, & 2016STATE CLEAN DIESEL GRANT PROGRAM
Virginia DEQ DERA3 Project
(DS-96332201 Workplan - Revised4. l8.20l6)
SUMMARY PAGE
litNatJona! Clean Diesel Campaign
Project Title: Virginia DEQ DERA3 Project
Project Manager and Contact Information
Organization Name: Virginia Department of Environment Quality
Project Manager: Yogesh Doshi, Major NSR Coordinator
Mailing Address: PO Box 1105, Richmond, VA 23218-1105
Phone (including country code): 1-804-698-4017
Fax (including country code):
Email: [email protected]
Project Budget Overview:
FY 2014(Year 1)
FY 2015(Year 2)
FY 2016(Year 3)
TOTAL
EPA Base Allocation $94,435 $146,747 $224, 501 $465,683
State Matching Funds 0 0 0 0
EPA Match Incentive
Mandatory Cost-Share* 165,000 192,500 357, 500
Additional LeveragedResources
TOTAL Project $94, 435 $311,747 $417, 001 $823, 183
*Mandatory Cost Share resources will be available beginning in Year 2.
Project Period
October 1, 2014 - September 30, 2017
Summary Statement
FY 2014, FY 2015, &_2016: Provide financial incentives for participants in the Virginia PortAuthority (Port Authority) "Green Operator" Program to install diesel retrofit equipment (in Year 1)and replace old dray trucks (in Year 2 and Year 3) to reduce emissions from carriers registeredwith the Port Authority throughout the term of the grant.
wEPA United StatesEnvironmental ProtectionAgency
Office of Transportation and Air QualityMarch 2016
VIRGINIA DERA 3
SCOPE OF WORK
Overview
The Virginia Department of Environmental Quality (VA DEQ) will continue to administer the VirginiaDEQ DERA3 Project through a subagreement with the Mid-Atlantic Regional Air ManagementAssociation, Inc. (MARAMA). MARAMA has unique capabilities to conduct this project.
The project is a continuation of the Clean Diesel Outreach and SmartWay Initiative begun in FY 2008.With DERA funding from FY 2014, FY 2015, and FY 2016 the initiative will continue'to provide financialincentives and rebates, for participants in the Virginia Port Authority "Green Operators" (GO) Program,which encourages truck companies and individual owner/operators serving the Port to install verifieddiesel retrofit equipment or to replace old dray tmcks with newer and cleaner engine dray tmcks to reduceemissions. During Year 2, the initiative will only fund replacements of old dray trucks with dray tmckshaving model year 2010 or newer engines equipped with DPF and SCR technologies. Beginning in Year3, the initiative will only fund replacements of old dray tmcks with dray trucks having model year 2011 ornewer engines equipped with DPF and SCR technologies.
The Virginia Port Authority will continue to publicize the program and ensure that companies selected toreceive the incentives are Green Operators. MARAMA will accept and review applications from tmckcompanies and individual owner/operators and execute agreements with eligible applicants. Theapplicants can apply to replace their dray truck with a dray truck having above specified newer model yearengine and equipped with DPF and SCR technologies. Retrofits will no longer be funded under Years 2and 3 of this program due to lack of demand for this technology.
In Year L program funds were disbursed to qualified retrofit participants through reimbursement ofeligible documented expenses. Rebates of up to $6,000 per vehicle were offered to offset the cost topurchase and install verified emission control devices.
In Year 2 and 3 dray truck replacement participants will receive grant funds up to $30, 000/truck (but nomore than half the cost of the new vehicle) as the down payment towards the purchase of an abovespecified newer and cleaner truck The initial down payments will be limited to $27,500 per replacementtruck. Down payments will only be increased if necessary to ensure timely participation by dray truckowners The increase may be necessary due to the cost of replacement vehicles. The leveraged fundsprovided by tmck owners will be at least 50% of the cost of the truck replacement. The truck owners willbe required to scrap their old tmcks.
Objective: Six dray tmcks were retrofitted during Year 1. Approximately 6 older dray tmcks will bereplaced during Year 2 with the grant funds. During Year 3, the grant funds will be used to replace up to 7older dray trucks.
Expected Emissions Reductions
Based on the Diesel Emission Quantifier, VA DEQ expects the following annual and lifetime emissionreductions from the Project:
Year 1 Total Emissions Reductions Diesel Oxidation Catalysts with Closed Crankcase Ventilationfor 6 Truck Retrofits
Baseline or
Short tons reducedNO. PM 2.5 HC co
Baseline for Vehicles 9.36 0.37 0.49 3.30
Annual Amount Reduced 0. 00 0.20 0.2 0. 99
Lifetime Amount
Reduced0.00 1.21 2. 54 12. 86
Year 2 Total Emissions Reductions Projected for 6 Truck Replacements with Model Year 2010 orNewer Engines equipped with DPF and SCR Technologies
Baseline or
Short tons reduced NO, PM2.5 HC co
Baseline for Vehicles 9. 34 0. 37 0.49 3.30
Annual AmountReduced
8.80 0.36 0.45 3. 10
Lifetime AmountReduced
114.36 4. 67 5.90 40.24
Year 3 Total Emissions Reductions Projected for 7 Truck Replacements with Model Year 2011 orNewer Engines equipped with DPF and SCR Technologies
Baseline or
Short tons reducedNO, PM2.5 HC co CO,
Baseline forVehicles
10. 49 0.406 0.506 3.419 1,294.90
Annual AmountReduced
9. 578 0. 388 0.463 3. 172 103.6
Lifetime AmountReduced
91.30% 95.50% 91.60% 92. 80% 8.00%
STATE/TERRITORY GOALS AND PRIORITIES:
The Green Operator project targets class 8 dray trucks that serve the Virginia Port Authorityfacilities and the distribution terminals to which they haul freight. The Port of Virginia activitiesgenerate significant diesel tmck traffic in the surrounding metropolitan area. .The goals of thisproject are to reduce impacts ofdiesel particulate emissions and to prevent the deterioration of airquality in the Port's metropolitan area. As part of the Ozone Advance action plan, this programwill reduce emissions of ozone precursors, helping to ensure that the area continues to meet theOzone NAAQS.
VEHICLES AND TECHNOLOGIES:
The Virginia DEQ DERA3 Project will use information learned from VA DEQ's Clean DieselOutreach program and MARAMA's SmartWay Program replacement initiatives from FY 2008 -FY 2014 to help the Program participants select appropriate and effective technology. Becausenot all applicants can afford to purchase a newer model year truck, installing retrofit technologieswas an effective method for reducing diesel emissions in Year 1. However, very few ownerswere interested in using the retrofit approach even during Year 1. So, DEQ then shifted theemphasis of the program to replacing class 8 dray trucks. The following describes the twodifferent technologies used under this grant project.
Retrofit Technolosv
For retrofits, only retrofit technologies that are EPA and/or CARB certified/verified were used.The Clean Diesel Outreach and MARAMA's SmartWay initiative provided useful lessons aboutthe use of Diesel Particulate Filters (DPF), Diesel Multi-Stage Filters, and Diesel OxidationCatalysts on dray trucks. For example, some filters were too big for the space available on acertain make ofdray tractor. While the Diesel Particulate Filter might have been a more effectiveemission reduction choice, it was not an option due to size limitations. Further, the neededtemperature profiles for the use of Diesel Particulate Filters or Diesel Multistage Filters were notmet on dual exhaust tractors. Therefore the only option for these tractors was the use of DieselOxidation Catalysts with a Closed Crankcase ventilation system. Such information is useful inassisting carriers to select the appropriate technology. In total, there will be 6 retrofits completedunder this program.
Selective Catalvtic Reduction (SCR)
For truck replacements, down payments during the first two years were provided toward thepurchase of model year 2011 or newer trucks, which contain an EPA and/or CARB
certified/verified engine. Beginning in Year 3, replacement trucks must be equipped with a 2011or newer engine. Since 2010 and later, heavy duty diesel truck engines utilize the SelectiveCatalytic Reduction (SCR) technology for greater NOx reductions. The replacement trucks willhave a built in DPF with a SCR. The trucks being scrapped will range between engine years 1997- 2006. Also, the owner operators will need to meet specific criteria in order to be approved intothe program. The trucks must be owned by the applicant for at least one year, the vehicle must belien free, the owner must be able to show proof of port service, provide proper vehicle insurance,the vehicle must actively serving the port. Approximately 13 dray trucks will be replaced throughthis program.
The SCR technology is an advanced active emission control technology system is designed topermit nitrogen oxide (NOx) reduction reactions to take place in an oxidizing atmosphere. It iscalled "selective" because it reduces levels ofNOx using ammonia as a reductant within a catalystsystem. The reducing agent reacts with NOx to convert the pollutants into nitrogen, water andsmall amounts of carbon dioxide (C02). The factory installed SCR technology alone can achieveNOx reductions in excess of 90%.
ROLES AND RESPONSIBILITIES:
DEQ's primary partner in the Virginia DEQ DERA3 Project will be MARAMA. The Virginia PortAuthority will also play a role in this project.
MARAMA (the Mid-Atlantic Regional Air Management Association, Inc. ) is a voluntary, non-profit association often state and local air pollution control agencies in the Mid-Atlantic region.Its mission is to strengthen the skills and capabilities of member agencies and to help them worktogether to prevent and reduce air pollution impacts in the Mid-Atlantic Region. In addition tothe Commonwealth of Virginia, the following State and Local governments are MARAMAmembers: Delaware, the District of Columbia, Maryland, New Jersey, North Carolina,Pennsylvania, West Virginia, Philadelphia, and Allegheny County, Pennsylvania. MARAMA isgoverned by a Board of Directors consisting of the ten air directors from MARAMA memberjurisdictions. The director of Virginia's air program is a permanent member of the MARAMABoard of Directors. MARAMA meets EPA requirements for receiving grant awards and has beenfunded almost 100% by EPA grants since 1992. MARAMA is experienced in providing staffsupport for projects to reduce diesel emissions and has assisted the Mid-Atlantic DieselCollaborative (MDC) in publicizing the availability of grant funding and obtaining federal grantfunding to support projects. This project will supplement MARAMA's activities in support ofMDC.
The Virginia Port Authority was established in 1952, as a political subdivision of theCommonwealth of Virginia, for the purpose of performing any act or function which may beuseful in developing, improving, or increasing the commerce of the ports of the Commonwealth,with the goal of conducting these activities in an environmentally sensitive and sound manner.Toward this goal, the Virginia Port Authority initiated a pilot program, the predecessor to the GOProgram, in October 2007 to reduce diesel emissions from drayage tmcks serving its Port ofVirginia facility. As a partner, the Virginia Port Authority will continue to publicize the rebatesavailable through the Virginia DEQ DERA3 Project and ensure that companies selected to receivethe rebates are Green Operators.
Vehicle owners are important partners. They continue to own their retrofitted vehicles andreplacement vehicles. The cost the owner pays to replace a dray truck provides other leveragedfunds in an amount equal to or greater than the down payment provided by the grant. Due to thetime needed to select and obtain financing for a replacement vehicle and scrap the old vehicle, alladditional leveraged funding will be provided during Year 2 and Year 3 of this grant.
Disbursement MethodologyThe disbursements for retrofits and truck replacements are handled separately. Disbursements forretrofits were made as reimbursements. These were paid on behalf of the Project participant tothe vendor that installed the equipment following receipt, review, and approval by MARAMA ofdocumentation of the purchase and installation of a verified diesel emission device.Reimbursements were limited to no more than $6, 000 per vehicle.
Disbursements for the truck replacements are handled by MARAMA as a down payment.Disbursements for truck replacements are paid on behalf of the Project participant after they haveselected a truck, obtained a loan, filed appropriate paperwork with MARAMA, and scrapped theold truck according to EPA guidelines of "cutting a three inch by three inch hole in the engineblock, and cutting the chassis in half. " The scrapyard that performs to scrappage will sign theEPA DERA Certificate of Destruction form. MARAMA, following receipt of all requireddocuments, will review and approve documents relating to the new truck purchase and photos ofthe engine before and after scrapping. The down payment for each truck replacement will notexceed 50% of the cost of the replacement vehicle and is limited to no more than $30, 000.
Mandatory Cost-Share
EPA has indicated mandatory cost-share is required for grant funds used for replacement ofdraytrucks. Truck down payments for this project will not exceed 50% of the cost of the replacementvehicle ($30, 000 maximum per vehicle). Initial down payments will be limited to $27, 500 tomaximize the number of vehicles replaced. If necessary, the amount may be increased to insuresufficient timely participation in the program. Class 8 trucks with 2011 or newer engines have anaverage cost of more than $64, 000. The program participant (vehicle owner) will be required topay at least 50% of the cost of the replacement vehicle. Program participants will be responsiblefor any additional costs associated with the replacement vehicle.
Although one or more truck replacements were authorized in the first year, the time needed tocomplete the replacement is generally 45 days, and so all mandatory cost-share funds arebudgeted in the second and third years. Grant funds are obligated when the replacement isauthorized but the purchase is not finalized until after a replacement vehicle is selected and theold vehicle is scrapped according to EPA requirements.
It is anticipated that all mandatory cost-share funds will be obtained in Year 2 and 3 of the grant.
TIMELINE AND MILESTONES:
Overall Deliverables Years 1, 2 & 3. Quarterly progress reports.. Six dray trucks have been retrofitted during Year 1 .. Six older dray trucks will be replaced with trucks having model year 2010 or newer
engines during Year 2.
. Seven older dray trucks will be replaced with trucks having model year 2011 or newerengines during Year 3.
. Emission reductions will be estimated based on the fleet retrofitted or replaced using theDiesel Emissions Quantifier.
The following preliminary timeline provides an overview of implementing the project.Year 1 Ql 02 Q3 Q4
GO DrayTmckRetrofits &Replacements
Establish
subagreementwith
MARAMA andpublicizeavailability ofrebates.
Preparequarterlyreport.
Work with
participants toinstall
technology
& processpayments.
Preparequarterly report.
Work with
participants toinstall
technology,
& processpayments.
Preparequarterly report
Work with participantsto install technology &process payments.
Draft amendment to
subagreement withMARAMA&MARAMA agreementwith EFC.
Prepare quarterly report.
Year 2 Ql 02 03 Q4
GO Dray TmckReplacements
Amend
subagreementwith MARAMAand MARAMA
agreement withEFC, publicizeprogram. Acceptapplications topurchasereplacementtrucks.
Work with
participants scrapand replace draytmcks
& processpayments.
Prepare quarterlyreport.
Work with
participants scrapand replace draytrucks
& processpayments.
Prepare quarterlyreport.
Work with
participants scrap
and replace draytmcks
& processpayments.
Prepare quarterlyreport.
Work with
participants scrap
and replace draytmcks
& processpayments asneeded. Draft
amendment to
subagreementwith MARAMA&MARAMAagreement withEFC.
Prepare quarterlyreport.
Year 3 Ql Q2 Q3 Q4
GO Dray TmckReplacements
Amend subagreementwith MARAMA andMARAMA agreementwith EFC, publicizeprogram. Acceptapplications topurchase replacementtmcks.
Work with participantsscrap and replace draytrucks
& process payments.Prepare quarterlyreport.
Work with
participants
scrap andreplace draytmcks
& processpayments.
Preparequarterlyreport.
Work with
participants
scrap andreplace draytmcks
& processpayments.
Preparequarterlyreport.
Work with
participants to
complete finalprojects,
compileproject resultsfor grantcloseout and
write quarterlyand final
reports.
DERA PROGRAMMATIC PRIORITIES:
The Green Operator project targets dray trucks that serve the Virginia Port Authority facilitiesand the distribution terminals to which they haul freight.
In the Mid-Atlantic Region, high levels ofPM2. 5 and ozone may be experienced in industrial,urban, or rural areas due to the diversity of sources affecting concentrations. EPA's 2002 HealthAssessment Document for Diesel Engine Exhaust links emissions from older diesel engines topremature deaths, hearth attacks, childhood asthma, and increased emergency room and hospitalvisits.
This project will focus on the Norfolk-Virginia Beach-Newport News (Hampton Roads) area butwill also benefit other areas of the Commonwealth of Virginia that experience high drayage trucktraffic. The Hampton Roads area was once designated as a marginal nonattainment area for the1997 Ozone NAAQS and was redesignated to attainment/maintenance for this standard in 2007.The area was designated attainment/unclassifiable for the 2008 Ozone NAAQS (77FR 30088,5/12/2012). Nonattainment areas have not yet been designated for the 2015 NAAQS, howeverthe 2015 ozone design value for Hampton Roads was 64 ppb, which meets the 2015 NAAQS. Tohelp ensure continued compliance with the Ozone NAAQS, the Hampton Roads area created avoluntary Ozone Advance Action Plan designed to reduce ozone precursors including NOx &VOC emissions. The action plan may be found athttp://www. deq. virginia. gov/Portals/0/DEQ/Air/Planning/hrplnl . pdf. The VPA Green Operatorprogram is discussed in Section 3. 1. 1 of the Action Plan. The dray truck retrofits and
replacements funded through this grant will assist in maintaining compliance with the ozoneNAAQS in the Hampton Roads area.
Maximize Public Health BenefitsEmissions from dray trucks can contribute to serious public health and environmental challengesat ports and in surrounding communities. EPA estimates the useful lifetime oftmcks used in
drayage to be 30 years. Reducing diesel emissions from trucks serving the Port of Virginia bycreating opportunities for early retirement ofdray trucks or installation ofdiesel emissionreduction technology are expected to result in a positive impact on public health.
In addition, the VPA Green Operator program is included in the Hampton Roads Ozone Advanceaction plan, which outlines strategies designed to take proactive steps toward reducing ozoneprecursor emissions, and thereby help to ensure air quality continues to comply with the 2008Ozone NAAQS. This action plan is also a good framework for maintaining attainment of the 2015Ozone NAAQS. Ensuring that the area meets federal NAAQS standards helps ensure that thecitizens breathe healthy air.
Cost EffectivenessRetrofitting or replacement of existing dray tmcks is a cost effective way to reduce dieselemissions from the vicinity of ports, and supplements efforts already undertaken by the Port ofVirginia to publicize the Green Operator and to encourage participation of trucking companies.The Project addresses heeds voiced by potential program participants for incentives to help defraythe cost of emission control equipment and truck replacement.
Conserve dieselfuel.Requiring newer model year engines for the tmck replacement portion of the project shouldachieve reduced fuel consumption. It would be difficult to gauge the amount of the reduction asdifferent engine manufactures claim varying amounts of reduced fuel consumption. Horse power,engine size, and operator use can also influence fuel reductions. The retrofits do not directlyreduce the use ofdiesel fuel.
EPA'S STRATEGIC PLAN LINKAGE AND ANTICIPATED OUTCOMES/OUTPUTS:
This project will support Goal 1 ofEPA's 2014-2018 Strategic Plan, "Addressing ClimateChange and Improving Air Quality, " Objective 1. 2 "Improve Air Quality. "In addition, thisproject will support EPA's Cross-Agency Strategy, "Working to Make a Difference inCommunities. " Projects funded under the Virginia DEQ DERA3 Project meet the goal ofimproving air quality by reducing NOx, PM, HC, and CO emissions from diesel fleets, therebyreducing local and regional air pollution.
Outputs Years 1, 2 & 3. Provide rebates for 6 retrofit projects in Year 1 .. Provide down payments for 6 dray truck replacements in Year 2.. Provide down payments for 7 dray truck replacements in Year 3.
. Report on emission reductions from the Project via the Final Report.
Progress toward the environmental goal will be tracked and measured during the assistanceagreement period by maintaining input information for the Diesel Emission Quantifierinformation from the approved applications. The quarterly reports to EPA will provide the statusand progress of the retrofit and replacement activities.
Outcomes.
Expected outcomes from this program may include but are not limited to the following:
Short-term outcomes
. Increased understanding of the environmental and economic effectiveness of the implementedtechnology.
. Increased number of clean carriers serving the Virginia Port Authority facilities.
Medium-term outcomes
. Growing interest and willingness by fleets to deploy diesel emission reduction technologies.
. Increased capacity by Virginia fleets to deploy diesel emission reduction technologies.
. Documented emission reductions from the retrofit and replacement of dray trucks.
Long-term outcomes
. Decreased emissions and exposure to diesel emissions at the Port of Virginia and nearbyneighborhoods.
SUSTAINABILITY OF THE PROGRAM:
DEQ and its partners will work to continue sustaining the program by promoting awareness andintegrating information about the program into their outreach efforts, including via the DEQ, theVirginia Port Authority, and MARAMA websites. Within 60 days of receiving the award, DEQwill post on its website a public notification that lists the project information, dollar amount of thegrant and rebates, and the technology funded by the rebate.
10
oEPA United StatesEnvironmental ProtectionAgency
Office of Transportation and Air QualityMarch 2016
VIRGINIA DERA 3 BUDGET NARRATIVE
Project Budget
Tables below provide the DEQ project budget, MARAMA project budget, and MARAMA budget detail.Itemized Project Budget
DEQ Project Budget Years 1, 2 & 3
Budget Category
FY2014
EPAAllocation
StateMatch
MandatoryCostShare
FY2015
EPAAllocation
StateMatch
MandatoryCost
Share
FY2016
EPAAllocation
StateMatch
MandatoryCostShare
Total
TotalEPA
Allocation
TotalStateMatch
TotalMandatory
CostShare
1. Personnel $1, 216 $0 $0 $1, 253 $0 $0 $4, 338 $0 $0 $6, 807 $0 $0
2. Fringe Benefits 450 513 1, 815 2, 778
3. Travel
4. Supplies
5. Equipment
6. Contractual
7. Program Income
8. Other" 92,422 144, 624 165,000 217, 112 192,500 454, 158 357, 500
9. Total DirectCharges
$94,088 $0 $0 $146,390 $0 $165,000 $223, 265 $0 $192,500 $463,743 $0 $357,500
10. Indirect Charges3 347 357 1, 236 1,940
Grand Total $94, 435 $0 $0 $146, 747 $0 $165,000 $224,501 $0 $192,500 $465, 683 $0 $357,500
aDEQ'sln_dlrect charges are not considered administrative costs. "Other" includes MARAMA's indirect costs and technology deployment costs, which are not consicadministrative costs, as well as other administrative costs, as detailed in further tables, below. "' --^ -,... -... --,
11
MARAMA Project Budget Years 1, 2. and 3
Budget Category
1 Personnel
FY2014Budget
Allocation
$8,390
MandatoryCost-Share
$0
FY2015
BudgetAllocation
$7,990
MandatoryCost-Share
$0
FY2016Budget
Allocation
$9,046
MandatoryCost-Share
$0
TotalBudget
Allocation
$25, 426
MandatoryCost-Share
$0
TOTAL
$25,426
2 Fringe Benefits
3 Travel
1, 542 1, 561 1, 768 4, 871
146 272 418
4, 871
418
4 Supplies
5 Equipment
36 50 86 86
0
6 Contractual
7 Program Income
8. Other - Subaward
for projectassistance
8 Other -Technologydeployment retrofits8 Other -
Technologydeployment truckreplacements
Total Direct Costs
3,000
31, 184
40, 000
$84, 152
2,000 7,000 12, 000
-909a 30,275
125,000 165,000 192,500 192, 500 357, 500 357,500
$0 $136,747 $165,000.
$209, 677 $192,500 $430,576 $357,500
0
12,000
30,275
715,000
$788,076
Indirect Costs'
Total Cost
8, 270
$92,422
7, 877 0 7, 435 0 23,582 0 '* 23,582
$0 $144,624 $165,000 $217,112 $192, 500 $454,158 $357,500 $811,658
°b Ne9ative allclcation, in Year 3 reallocates unspent funds from Year 1 retrofits to replacements for Year 3 while retaining overall total award amount.Costs for dray truck replacements are not considered administrative costs. All truck replacements will be completed in Years 2 and 3. Mandatorv' cost-
share funds are provided by truck owners and will be available beginning in Years 2 and 3.MARAMA's indirect costs are not considered administrative costs and are based on rates approved by the U. S. Department of the Interior.
12
MARAMA Years 1, 2, and 3 Budget Detail
Category Notes FY2014Budget Allocation
FY2015Budget Allocation
FY2016Budget Allocation Total
Personnel $ 8, 390 $ 7, 990 9,046 $25, 426Mobile Sources ProgramManager 6, 876 6, 452 7,855\dministrative AssistantExecutive Director
612 245989 926 946
Fringe 1, 542 1, 561 1, 768 4, 871Social Security (6. 2% ofsalary)
520
122
495 561
Medicare (1. 45% of salary)Pension (for eligible
131
employees)(est.)850 900 1, 056
Health Insurance (Est.)Car trip from Towson, MD to
50 50 20Travel
Norfolk 146 272 418
Supplies Office supplies & postage 36 50 86
Subaward Application assistance 3, 000 2, 000 7, 000 12, 000
TechnologyDeployment
Retrofit 6 drayage trucksserving the port of Virginiawith diesel filters, includinginstallation costs. Maximum
rebate $6, 000 per vehicle.
31, 184 -909 30, 275
TechnologyDeployment
Replace approximately 13dray trucks with 2011 ornewer vehicles. Maximumdown payment up to $30, 000per vehicle. All replacementsto complete in Years 2 & 3.
40, 000 125, 000 192, 500 357, 500
IndirectCosts
MARAMA's provisionalindirect cost rate for FY 2015is 98. 58% of Direct Personnelcosts and is used for years 1and 2, and the FY 2016provisional rate of 95. 35% ofDirect Personnel is used forYear3
8,270 7,877 7, 435 23, 582
Total Subgrant Costs $92, 422 $144, 824 $217, 112 $454,158Mandatorycost share
Dray truck owners will pay atleast half the cost of theirreplacement vehicles
165,000 192,500 357, 500
Total Costs Total subgrant costs plusmandatory cost share $92,422 $309,624 409,612 811, 658
13
Explanation of Budget Framework
Administrative Costs: States must demonstrate that no more than 15 percent of a State's total allocation from EPA is being usedto cover administrative costs as identified in 0MB Circular A-87 Appendix B (e. g., personnel, benefits, travel, supplies). The 15percent maximum does not include indirect cost rates or funds assigned to projects through grants, rebates, and/or loans. Theindirect costs of DEQ and MARAMA are not considered administrative costs.
The total three-year grant budget is $465, 683. The administrative costs include everything except DEQ indirect costs for 3 years(estimated $1, 940), MARAMA indirect costs for 3years (estimated $23, 582) and technology deployment costs for 3 years(estimated $387, 775). The administrative costs are estimated to be $52, 386. The administrative costs are expected to beapproximately 11. 3 percent of the 3 year project budget for grant funding.
Budget Cateeories:
1. Personnel
During Year 1 Virginia DEQ Position Number P0888, Major NSR Coordinator, Mr. Yogesh Doshi is expected to spendapproximately 30 hours at an hourly rate of $40. 53 for a total of $1,216. Mr. Doshi is expected to spend approximately 30hours at an hourly rate of $41. 75 during Year 2 for a total of $1,253, and in Year 3 Mr. Doshi is expected to spend 100 hoursat an hourly rate of $43.38. The 3 year overall total is $6,807.
DEQPersonnel
P0888
FY2014
EPA
$1, 216
State
FY2015
EPA
$1, 253
State
0
FY2016
EPA
$4, 338
State
Total
EPA
$6,807
State
$0
14
MARAMA personal costs are expected to be $8,390 for Year 1, plus $7,990 for Year 2, plus $9,046 for year 3 for a total of$25,426, as detailed below.
FY2014 FY2015 FY2016 Total
MARAMA Personnel EPA State EPA State EPA State EPA State
Diesel Project Manager @0. 125 FTE x $55, 008/FTE Year
1, 0. 115 FTE x $56, 108/FTE
Year 2, and 0. 14 x $56, 108Year 3
$6,876 $0 $6,452 $0 $7,855 $0 $21, 183 $0
Administrative Assistant @
0. 015 FTE x $35, 000/FTEYear 1, 0. 009 x $40, 800/FTEYear 2, 0. 006 x $48, 800 FTEYear3
525 612 245 1, 382
Executive Director @ 0.01
FTE x $98,880/FTE Year 1,
0. 009 FTE x $102, 875/FTE
Year 2, and 0.0092 x
$102, 875 FTE Year 3
989 926 946 2,861
TOTAL $8, 390 $0 $7, 990 $0 $9, 046 $25,426 $0
2. Frinse Benefits
Virginia's DEQ's fringe benefits for Year 1 equate to 37. 00% of salary for classified employees. It includes VirginiaRetirement System retirement contributions (8. 76%), FICA (6.2%), Medicare (1.45%), group life insurance (1. 19%), healthcare (17. 32%), retiree health insurance credit (1%), VSDP & long term disability (0. 47%) and defined contribution(0. 61%).
Virginia DEQ's fringe benefits for Year 2 equate to 40.94% of salary for classified employees. It includes FICA (6. 20%),Medicare (1.45%), group life insurance (1. 19%), retirement contributions (12. 33%), retiree health insurance credit (1. 05%),long term disability (0. 66%), deferred compensation (0. 62%), and health care (17. 44%).
15
Virginia DEQ's fringe benefits for Year 3 equate to 41 .83% of salary for classified employees. It includes FICA (6. 2%),Medicare (1. 45%), group life insurance (1. 19%), retirement contributions (14. 22%), retiree health insurance credit (1. 05%),long term disability (0. 66%), deferred compensation (0. 58%), and health care (16. 48%).
FY2014 FY2015 FY2016 Total
DEQ Fringe EPA State EPA State EPA State EPA StateDEQ fringebenefits of
37.00% Year 1,40.94% Year 2,and 41.83%
Year 3
$450 $0 $513 $0 $1,815 $2, 778 $0
As provided in the "MARAMA Years 1, 2 & 3 Budget Detail" table, MARAMA fringe benefits include Social Security(6. 2% of salary). Medicare (1. 45% of salary), pension (for eligible employees), and health insurance. The estimate forpension and health insurance changes due to staffing changes, and the workers comp is included in indirect costs.
FY2014 FY2015 FY2016 Total
MARAMA Fringe EPA State EPA State EPA State EPA State
Social Security (6. 2%of salary)
$520 $0 $495 $0 $561 $1,576 $0
Medicare (1.45% ofsalary)
122 116 131 369
Retirement (Est. foreligible employees)
850 900 1,056 2, 806
Health Insurance
(Est.)
TOTAL
50
$1,542 $0
50
$1,561 $0
20
$1,7678 $0
120
$4, 871 $0
16
3. TravelNo DEQ travel is budgeted.
MARAMA Local Travel cost is budgeted to be a total of $418 for Years 1, 2 &3. This estimate is based on reimbursement ofmileage at the federal rate.
FY 2014 FY 2015 FY 2016 Total
Budget Category EPA State Match EPA State Match EPA State Match EPA State Match
Local Travel
Mileage (miles xfed. rate)
146 272 $418 $0
4. Supplies
No DEQ supplies are budgeted.
MARAMA has budgeted $86 for office supplies and postage ($36 in Year 1 and $50 in Year 2).
MARAMA
Supplies
Office supplies
and postagecosts
FY2014
EPA
$36
StateMatch
$0
FY2015
EPA
$50
StateMatch
$0
FY2016
EPA
$0
StateMatch
$0
Total
EPA
$86
StateMatch
$0
5. Equipment
No equipment has been budgeted for Year 1, 2, or Year 3.
6. Contractual
No contractual expenses have been budgeted for Years 1 through Year 3.
17
7. Prosram Income
Neither DEQ nor MARAMA will receive any program income under this program and none is included in the budget.Dray truck owners retain ownership of the newer, replacement vehicles. When an old vehicle is replaced, the owner isdirected to scrap the old vehicle and apply any scrappage revenue to the costs associated with purchasing a replacementvehicle. Class 8 tmcks with 2011 or newer engines typically have an average cost of more than $64,000. Thus, any program incomeearned via scrappage of the old vehicle is included in the price of the replacement vehicle and reported quarterly's icost share or additional leveraged funds. (See below.)
& Other
^! asd^n^for Y!ars . 1 and 2:P^Q. Plans toestablish a subrecipient agreement with MARAMA to administer this program
f^. Year_3; Af. a subrecIPient' MARAMA will have responsibility for programmatic decision-making and responsiiii iHtyi?o"adlhereto applicable federal programs compliance requirements. MARAMA's sub-award will be small (under $500, 000).sss h^, manlye^ ^e^p.efi,ence ln workin§ with MARAMA MARAMA has experience as a grantee and a7ubrecipi/ent.DEQWi!lmonitor MARAMA'S performance via quarterly activity and financial reports and periodic conference caifs*..
D^(LS. Ai,rI?iiTtorI^eet^cTrterl, y with MARAMA'S Executive Director at MARAMA Board of Directors' meetings andwill have both formal and informal opportunities to provide project oversight. This agreement will include funds'for°retrofitrebates and down payments for replacements.
Other
Subaward
toMARAMA
FY2014
EPA
$92,422
State
$0
FY2015
EPA
$144,624
State
$0
FY2016
EPA
$217,112
State
$0
Total
EPA
$454, 158
State
$0
MARAMA executed a subaward of $3, 000 for application review services in Year 1 and $2, 000 for Year 2. A subaward forapplication review services is anticipated in Year 3 for $7, 000.
^AI^?A1T worked with the Er^ir°T^ntal Financecenter (EFC) at the University of Maryland on current and previousdraytm ck replacement programs. The EFC was established by the U. S. Environmental Protection Agency to provFd^servicesto states in Region 3, including assistance with establishing financing for environmental projects.T^U!lLacomi5 etiJ^ebidding Process' MARAMA selected EFC to assist with their ongoing dray truck replacement projectserving the ports of Virginia and Delaware (funded by a separate DERA 2014 competitive award). MARAMA'establfshed'a
18
subrecipient agreement with the EFC to provide continuing assistance under this grant for dray tmck replacements serving thePort of Virginia.
FY2014 FY 2015 FY 2016 Total
Budget
CategoryEPA
StateMatch
EPA StateMatch
EPA State Match EPA State Match
MARAMAsubaward to
University ofMarylandEnvironmental
Finance Center to
assist with
ongoing dray truckreplacementproject
$3, 000 $2,000 $7, 000 $12, 000
MARAMA
TechnologyDeployment:Retrofit
subawards to 6
drayage truckowners
$31, 184 (909) $30, 275
MARAMA
TechnologyDeployment:Down paymentsubawards to
drayage truckowners
$40,000 125,000 192,500 357,500
As provided in EPA requirements, subawards for retrofit ofdiesel powered drayage trucks cover 100% of the cost of theadditional equipment. Awards for retrofits in Year 1 were limited to up to $6, 000 per vehicle. As provided in EPArequirements, awards for replacement of old drayage trucks with new models meeting minimum requirements are limited tono more than 50% of the cost of the replacement vehicle. Subawards in Year 2 were no more than $27, 500 per vehicle, and asimilar approach is planned for Year 3, with a maximum award of no more than $30,000 per vehicle.
19
Mandatory Cost-Share Funds
EPA has indicated a match is required for funds used for down payments for dray tmck replacements. Truck down payments for thisproject will not exceed 50% of the cost of the replacement vehicle ($30, 000 maximum per vehicle). Initial down payments wilfbe"!.i!l:Li.te:d. S$21'5?otomaximiz^, the umbfr of.v,e^l. e.s rePlaced- If necessary, the amount may be'increased to insure sufficient timelyF>asp ati0!1 in, ^ program- class 8 tmcks with 2011 or newer engines have an average cost of more than $64, 000. The program"participant (vehicle owner) will be required to pay at least 50% of the cost of the replacement vehicle. Program participants will beresponsible for any additional costs associated with the replacement vehicle.
Although one or more truck replacements were authorized in the first year, the time needed to complete the replacement is generally 45days, and so all leveraged funds are budgeted in the second and third years. Grant funds are obligated when the replacement is authorizedbut the purchase is not finalized until after a replacement vehicle is selected and the old vehicle is scrapped according to EPArequirements.
A tota\ of $357,500 mandatory cost-share funding is included in the proposed 3-year budget, equal to the amount budgeted for subawardsfor replacing drayage trucks.
Additional Leveraged FundsAdditional leveraged funds may be provided in Years 2 and 3 by dray truck owners who replace their old vehicles with newer tmckscosting more than twice the amount of the grant funds provided as down payment. No additional leveraged funds are budgeted, as thiscannot be estimated, but the total cost of the replacement vehicle will be reported quarterly and allocated either to cost share or additionalleveraged funds as appropriate.
9. Direct Charses
Total direct costs (items 1-8 above) for Year 1 are estimated to be $94,088. Please note that these estimated direct costsinclude MARAMA's estimated indirect costs of $8, 270 for Year 1.
Total direct costs (items 1-8 above) for Year 2 are estimated to be $146, 390. Please note that these estimated direct costsinclude MARAMA's estimated indirect costs of $7, 877 for Year 2.
Total direct costs (items 1-8 above) for Year 3 are estimated to be $223, 265. Please note that these estimated direct costsinclude MARAMA's estimated indirect costs of $7,435 for Year 3.
10. Indirect Charges
DEQ's approved FY^ 014 indirect cost rate is 28. 5 percent of direct personnel charges (see attached). DEQ estimatedindirect costs are $347 for Year 1.
20
DEQ's approved FY 2015 indirect cost rate is 28. 5 percent of direct personnel charges (see attached). DEQ estimatedindirect costs are $357 for Year 2.
DEQ's approved FY 2016 indirect cost rate is 28. 5 percent of direct personnel charges (see attached). DEQ estimatedindirect costs are $1,236 for Year 3.
MARAMA's provisional FY 2015 indirect cost rate replaced the FY 2014 indirect cost rate for the period covered by thisgrant. MARAMA's provisional indirect cost rate for FY 2015 is 98. 58% of Direct Personnel Costs, and this rate was used toestablish the budget for Years 1 and 2. MARAMA's estimated indirect costs for the Year 1 allocation are $8,270, and forYear 2 are $7,877.
MARAMA's provisional indirect cost rate for FY 2016 is 95. 35% of Direct Personnel costs. MARAMA's estimated indirectcosts for Year 3 are $7, 435, which is less than the approved provisional rate due to anticipated savings in the actual indirectcosts for Year 1.
DEQ and MARAMA indirect costs are not considered administrative costs.
21
96332201 - 3
<r%. U. S. ENVIRONMENTALPROTECTION AGENCY
Assistance Amendment
GRANT NUMBER (FAIN): 96332201MODIFICATION NUMBER: 3PROGRAM CODE: DSVfPE OF ACTIONAugmentation: IncreasePAYMENT METHOD:ASAP
DATE OF AWARD09/16/2016MAILING DATE09/23/2016ACH#30359
State Send Payment Request to:N/A
PAYEE
VA Dept of Environmental QualityPO Box 1105Richmond, VA 23218EIN: 54-1661753
629 E Main StRichmond, VA 23219
EPA PROJECT OFFICER EPA GRANT SPECIALIST
PO Box 1105Richmond, VA 23218
E-Mail: [email protected]:804-698-4017
Michelle Moyer1650 Arch Street, 3AP50Philadelphia, PA 19103-2029
E-Mail: Moyer. Michelle@epa. govPhone: 215-814-2098
Douglas RobertsGrants and Audit Management Branch, 3PM70E-Mail: Roberts. Douglas@epagovPhone:215-814-5279
PROJECT TITLE AND EXPLANATION OF CHANGESVirginia DEQ DERA3 Project- Second Year
.^sTn'J'SioT $224'501 of federal funds to the a9reement' extends the project and bud3et ')enod ^ to September 30, 201 7 and re. ses the
BUDGET PERIOD^10/01/2014 - 09/30/2017
PROJECT PERIOD10/01/2014 - 09/30/2017
TOTAL BUDGET PERIOD COST$823, 185.00
TOTAL PROJECT PERIOD COST$823, 183. 00
NOTICE OF AWARD
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICEORGANIZATION / ADORES;
1650 Arch StreetPhiladelphia PA 19103-2029
U. S. EPA, Region 3Air Protection Division 3APOO1650 Arch StreetPhiladelphia. PA 19103-2029
THE UNITED STATES OF AMERICABYTHE U.S. ENVIRONMENTAL PROTECTION~AGEN57Digital signature applied by EPA Award Official for Diana Esher - Assistant Regional Administrator for Policy and M^ig^t"
John Krakowiak - Award Official delegateDATE09/16/2016
EPA Funding Information DS - 96332201 - 3 Page 2
FUNDSEPA Amount This Action
FORMER AWARD THIS ACTION AMENDED TOTAL$2')1, 182 S 224. 501 S 465, 683
EP/1 -Kind Amount so S 0Unexpendect Prior Year Balance so so
Federal Funds so $0recipient Contribution $0 $0State Contribution $0 soLocal Contribution $0 $0
Contribution
owabte Project Cost
S 357, 500 $ 357. 500
$241, 182 S 582, 001 $823, 183
agram (CFDA) Statutory Authority Regulatory AuthorityState Clean Diesel Grant Program (B) Diesel Emissions Reduction Act of 2010
|codified at 42 U. S. C. 16131 et seq2 CFR 200
2CFR 1500 and 40 CFR 33
Fiscalite Name ReqNo FY Approp.
CodeBudget
OrganizationPRO Object
ClassSite/Project Cost
OrganizationObligation /Deobligati(
1603MHOO; 16| 03M\ 102AH4) 4123] 224, 50
224. 501
Budget Summary PageDS - 96332201 - 3 Page 3
Table A - Object Class Category(Non-construction)
1. Personnel
2. Fringe Benefits3. Travel
4. Equipment5. Supplies6. Contractual
7. Construction
8. Other9^Total Direct Charges10. Indirect Costs: % Base
11. Total (Share: Recipient 43.43 % Federal 5657%.)12. Total Approved Assistance Amount
13. Program Income14. Total EPA Amount Awarded This Action
15. Total EPA Amount Awarded To Date
Total Approved AllowableBudget Period Cost
S6.807$2, 778
$0$0$0so$0
$811,658$821, 243
$1, 940
$823, 183$465, 683
$0$224, 501S465. 683
DS - 96332201 - 3 Page AAdministrative Conditions
The Following Conditions Have Changed
1. General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:3S://wvwepa. go\^rants/eDa-aeneral-terms-and-conditions-effective-march^29'-26T6'"oMater.
These temsand-condit'ons. are addition to the assurances and'certificatio'ns'made'as"a'p^of theterms, conditions or restrictions cited throughout the award
The EPA repository for the general terms and conditions by year can be found athttp. /Avww. epa gov/grants/grant-terms-and-conditions.
4. UTILIZATION OF SMALL. MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33TTh^ecpentagreesto_comply withthe requ'rements of EPA's Disadvantaged Business Enterpris
Program for procurement activities under assistance agreements, rontained'i'n 40 CFR.^Part
MBE/WBE REPORTING, 40 CFR, Part 33, Subpart EMBE/WBE_report.ing'sreqL "r.ed. in annual rePorts Reporting 's required for assistance agreements
5 there are funds budgeted for procuring construction, ~equipment, services and suDDlieincluding Junds budgeted for direct procurem'ent by the recipient'or procurement unde'r's'u'bawards or'oansln_thel'other"cate90ry that exceed the threshold amount of S'150, 000, including'ame^dm'en'ts"'
modifications.
Bas^on EPA's review of the planned budget, this award meets the conditions above and is subieto-the. Dlsad,vantag,e.d Bus'ness Enterprise ('DBE) Program reporting requ'iremen'ts''Howe 'r' ffurecipient believes this award does not meet these conditions, 'it must provide the'EPA'Gr'ant SDCCI.wth_aj"st'!'cation andbud9et detail within 21 days of the award date clearly'demonstratinq'thaTbased on the planned budget, this award is not subject to the DBE reporting requiTements3
The recipient agrees to complete and submit a "MBE/WBE Utilization Under Federal Grants.LA.9reementsand lntera9ency Agreements" report (EPA Form 5700-52A)on-an annual
procurement actions are reportable, not just that portion which exceeds $150, 000'
When^completing the annual report, recipients are instructed to check the box titled "annual" in sectionof the form. For the final report, recipients are instructed to check the box ind'icated"fof:'the''''lasr
report" of the project in section 1 B of the form Annual reports are due by October 30'" of each year^nai reportsare due fay October 30" or 90 days after the end of the project period, whichever comes
J'hereporting requirement is based on total procurements. Recipients with expended and/orfunds for procurement are required to report annually whether the planned procurement's'take'd.uringjhereportlng periodor not lf no budgeted procurements take place during the"reportingrpei:ic
recipient should check the box in section 5B when completing the form. " - -r--^r-. -,
^E^^r-e^orte_!hould b.e. signe.d and emalled to R3 MBE-WBE ReDorts(a»eDa. aov as a pdf!'^'.o/j.f t. t?^t i^?t ossible;.. maile'd to Hana Hyland> Small Business Program Coordinator"(3DA10), U. S. EPA - Region III, 1650 Arch Street, Philadelphia, PA 19103-2029 with'a"copy tothe EPA Grant SPeciaust The current EPA Form 5700-52A can be found at the EPA Officeof Small Business Program's Home Page at http //www. epa. gov/osbp/dbe_reporting-htm";"
I!1ls^ovJsio^reI)^seJ?ts. aJl.a^proved-devia_tion from the MBEWVBE reporting requirements asdescribed in 40 CFR, Part 33, Section 33. 502; however, the other requiremenls outlined'in'40'CFRpart_33. remairlin effect' tnchjdin9 the Good Faith Effort requirements' as'described'Jn 40 CFR Part 33Subpart 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^T!i^'. 
(f) If the prime contractor awards subcontracts, require the prime contractor to take thein paragraphs (a) through (e) of this section.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33. 302The 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)^if!ien_t^ ^-a_<?_ontir"^lng, Environmental Program Grant or other annual reporting grant, agree to^rlat!, a:^ ?Lnlain.,a^idders list- ReciPiente°fan EPA financial assistance agreement'to'capitalizea revolving loan fund also agree to require entities receiving identified loans to create and maTntairTa"bidders list if the recipient of_the_loan is subject to, or chooses to follow, competitive'biddirrequirements. Please see 40 CFR, Section 33 501 (b) and (c) for specific requirements andexemptions
Administrative Condition 5 Has Been Rescinded.
Proarammatic Conditions
The Programmatic Conditions Have Been Replaced As Follows
A_Substantial Federal Involvement for Cooperative Agreements^-w-il^pr^i.de.su^, stant!al. 'nv.olvTm.ent .in the form of technical assistance, development of outputs, andoverslght:-spec'. fica"y; substantial federal^nvolvement will take the form of monitoring the projec'tby'EPA,participation and collaboration between EPA and the recipient in program content, revi ew <
progress, and quantification and reporting of results
B. Emissions Control TechnologiesEmiss!onsR_eductlon projects funded bythe recipient pursuant to this assistance agreement must use^r-i!.'!^ct}n?^ie? and/o. r must use en?ines and en9ine configurations certified b^EPA"and"i7^ppl'cable' CARB. Tec.hnolo91es are/e"fied under EPA or California's Retrofit TechnoiogyVenfication
A list of eligible, EPA verified exhaust control technologies and engine upgrade" technologies isavailable at: www epa gov/verified-diesel-tech/verified-technologies-list-clean"dieser^nd~a list'o'felK3ltCalifornia Air Resources Board (CARB) verified exhaust controMechnologies is availabFe'at'" " '"'::''"'v"^'-a^ ca gov/diesel/verdev/vt/cvt htm Alist of eligible. EPA verified idFe reductiontechnologies isavailable at: www epa. gov/smartway/forpartners/technology^tm#tabs-4.A list of eligible, EPA verified aerodynamic technologies is'available at:www^pagov, 'smartway/forpartners/technologyhtm#tabs-2 A list of EPA verified low rolling resistancetires is available at: www epa gov/smartway/forpartners/technology htm#tsbs-3 Lists of EPA certified'engines and certified remanufacture systems for locomotives and marine engines are available at^-T^:^otaq, /certdata htn\Lis^ of certified and compliant clean alternative fuel conversion systems,and additional guidance, can be found at www epa gov/otaq/consumer/fuels/altfuels/altfuels htm'. V'ehicles'operating in California must follow conversion rules issued by CARB.An^_question asto the eli9ibility or preference of a retrofit technology, including vehicle/equipmentreplacement and repowers should be directed to the EPA Project Officer. Technology changes'may not^f.ll?-w^-?. ^-a^nalwo. rkpl?. n has been aPProved- If technology compatibility issues arise" E~PA~mayelect to terminate the cooperative agreement, at which time assistance funds must be returned to EPA
C. Quarterly Reporting and Environmental ResultsQuarterly progress reports will be required. Quarterly reports are considered project status reports and willaddress the progress made achieving the work plan goals. In general, quarterly reports will includesummary information on technical progress and expenditures, -and planned activities for next quarter Atemplate for the quarterly report is available atwww. epa gov/cleandiesel/clean-diesel-national-giants^reporting. Quarterly reports are due accordina tothe following schedule. If a due date falls on a weekend or holiday, the report will be dueon'the'nexF
business day.April 1 -June 30 Reporting Period: report due date July 30July 1 - September 30 Reporting Period: report due date October 30october1 ~Recember31 RePortin9 Period: report due date January 30January 1 - March 31 Reporting Period: report due date April30llpTfLSJaJ1 ^atefel^wthma^f'nedRePorttng period the "recipient must report for that period by the91venduedate- This c'uarterly reporting schedule shall be repeated'fortheduratononhe"a"wart"
D. Final Report:
Si fi^?<icLre^lw i!l.Lncl^lca^^^^^^^^^fin^dete'lelfle.et.desc»"pt!on-. Thefi"alprcjeclrePortw^a^^^^s^teamjo^s^s^cces.seLanlIes,SOTS. Ieamedfor_theentire Pr°Ject- To the extent Possibte"finalem, ss;on'beneT^te^io^, s^uid ^. bTdon ea^^^^^^^^^esl imfe mented undelthe:award and.actual vehicle miles t^veled,''idhngand^'opTratIing'hoau^,^ei^^a^, vehidem!!esJr^ed'ldltn9and/oroPeratin9hou^^^^e^^a^teble,t-heflnalreport wi" jnc!ude a detailed exPlanation of how these values are"deriwd, v'as^e1'as lan7a "au'c'
^s^pt£n^oLde?u^a!ues, used'for, the.purposes emissions benefit'calcufations'TheTnal reportwill also detail the methodologies used for the emission benefit calcura tk)n.
rF.onrnptr°^CS, Ln^LveMcle^u!pm!ntreplacement ?nd, repowers''the'Tecipient must provide in the flnal^T^1LE ^enc.etha^hereplacemtlo uc9h, n^maLattntion/fleettuJ^^ar^LSflp^t. penod startdat^ SWOrtin9 evidence can .ndudeverSon^'the^e^lesT^pm^Lbein9 replaced-have. useful "feJeft and fleet characterization showing fleeTage r'ange'^an'dS^^^^h^e^^En e5^^^'^^^^^^es^^e£e^ls c^du2e',.2I E^dJ<nce. olap^Tiatescra^^Sr^,^Sjd^^^J^JYI N), (5Llchasdi^tarP hotos'ofthe'e;;^^g^^iS1'fTiain^m. b.er. ln£'ntfam. ilynum^^^^^^^£ml^ilsoLot^osJf.uctura!romponents);a"nd3)^^^^andaJ:dlevetefor, PMandNOX-forbothvh e~e"91ne^^^£,LproiectsJhaLtake.placeman area a.ffected by' ori^lSdes'vehides, ''en'gines"oTeaqurp ment affected I?^e/lla w^a.ndatingemjssion. ^reductions'thereciplentm^emJsonJeduc^nsfunded. wlt^EPA^andforarejnexcess of (above and beyond) those required by-the'appiicable"mandate°LheofSaLrl^lshal!, besubmit !ed.to theEPA proJ^t Officer within 90 days"after't'he'project period end
.
date, or-terminationofthe..assistance a9reement. A template for'the final report'is avai'iabjlel atp^^90yic teTls^cllan/^esel-^na1^^^^^^ Cn order'to facilitate awarding funds from
a new fiscal year allocation, it is recommended that the report be c6mpleted'wetl"before"90 da?s"E. Use of Funds Restriction;
EJ:M,a1dated Meas.ures-Recipient a9rees that Lunds under this award ca""ot be used for emissionsreduct!ons-that. aremandated under federai iaw This refers to specific compiiance dates'withi'n'^e"[T!andate. not.wh_en_themandate is Pass?d., Voluntary or elective emissions7eductio'ns"measures'shall notSa?onfT£de°mandated"'re9ardless of whether the reductions are Jnciude'd'in't'he'StateTmp'lem^'nra 'tCT1
E'2;. NOrmal, Attrition;. ReciPient agrees that funds under this award cannot be used for emissionred^^^^esult. from. Yeh'CLe/equ'^ replacements or repowers'that'would have'occ'urred Inorma'_Tttrition/fleet tumover withtn three years of the Project start date"(e. g. 'FY16~a'ward'funds'. ^Jncludiunrecipjervt cost-share, shall not_be used for replacements/repowers that would have occur'redthroino-rmaifleeltumover. p/'or, toseptember. 30'. 20.19)_Anyquesttonastoei^
or repower should be directed to the EPA Project Officer.E3-Fleet Expanston\Rec'pient a9rees. that funds under this award, 'including subawards/subgrants,canno.t tLe.used for the Purcha5e of vehicles, engines, or equipment to expanYafleet~'fhe^ecaiplnTSQFGGS tn3t^
E. 3. 1 The replacement vehicle, engine, or equipment will perform the same function and operation as the
ye h,l±!.e.nginel^equ;pment thahs being replaced <e9- an excavator used to dig pipelines would bereplaced by an excavator that continues to dig pipelines);5'J^tTle Iep'a^menLvehicle-eng. ine. or equi.Pment w'i" be of the same type and similar gross vehicle^9hlLatLn9J)r, lo;STOWer.asihe/vehicle', en9ine-orequip^bulldozens replaced by a bulldozer ofsimilar horsepower")rHo7sepow^in'crea'ses^maoreutha^'2s^percemrequ"'e writterl aPProval from the EPA Project Officer prior to purchase"^c3J^e29£e^Ln9/epla^dwibescrapPed'orrenderedp~e^^^^^^^^.ylo^hel:eplalementLor/emanufacturedtoa certlfied cleaner'emission'standard'. i^^Jm9th^engJnewhl^retei. mng_possessl. o.nofth.een9ineisan'a^^Lte^ncoh^th^^cLhj>le. ',nJheen9Jne, block(lhepartofthe^pre±TCd, lCTlppmAmethod;LAltemat1^en91ne OJ'fro-T-the-crankcase' reP'acin9 itwith a^O'percent'solution ofsodium''si'irc ate'an'd'r"unanmQ;thes^^^^^^tl$^^^s^nde^th^9i^^p^^ma^fa^^^^blp^ormed»bLthlo^nalen9'^p^a.m-tha. t-ISAPOnsored/backed by ori9inal en9ine manufacturer warranties'O'e'The'new"reman.ulac!ured andupgraded, en9ine is warranted by the OEM) Non-road engines'shalT be
I to the cleanest certified emission standard possible Highway enginesshalT be^T^llT. dtMo.delLeaLJ^YL2.0^0Lnewercertifledemiss^b.e,compleled, ^nn9-theproject Penod. other a^eptable scrappage methods may be ucouns1deur'e'd9alndu^ll^ proIW::tteLappro^. fromtheAPA, pro)e.ct officer lf scrapped or remanufactuFed'engin"esaa^ 'tbheese°rSi nper(^am income requkements aP^ Evidence ofappropnatedisposaTouch^asdig'i^l'p^o^^
S^03^ain.unmbe^,e^ne^ model^year, and of the destroyed engine block)Is required in a final assistance agreement report submitted to EPAE,n31 TQhne ^hLCLe/equipmenibeing replace_d WHI b.e scraPPed ^'rendered permanently disabled within^Tety(90)., daysof, the rePlacement, or remanufactured to a certified cleaner'emission'standa'rd"pferhm^n"ldjsab^lh lclassis-and^^SS^^ l"n^ceptabtescrapPm9 methocT^^'^g^e^l'^^^^^^irlTcnbedJboveJnE-3-3. Disab"n9 the chassis maybe completed'b^cutting t'hroughTh'eJframe>/^'mue<:ra!!s.on, each.. s'dAat_a:polnuocated., between the front an'drear'axtes' 6theraacceptaa'ble1methodsma_y_beconsidered andwi" recluire prlor written approval from the EP^p7o^ectaO^''^,hide^pme.nLcom,ponentlthatarenot part ofthe engine or'chassis may besaTaged'f'rom the unitbe^^^,g^oi^^^s:^^t^^^^edl:^^^^^^s^t^sal^9e. dvehicleteq^pment chassisor components are to b'eYold, program'incom'e'requ'i^^^''^pp!LE^Sence, ^appropriatedisposal_(, such as di9'tal Photos o^he'engFn'etag sho'winrse'ria'l' n;um°ber,e.nglnete. m"ynumber' and. en.9ine modelyear, and of the destroyed 'en^b^'and'^l^e'^'
s^ucturalcomponents) ls required m a final assistance agreement report submitte'dtoE'PA'E35-For. tlre rePlacement Projects, the original tires should be scrapped arcordingtoTocaf or' s7aterequ"lemerl. ts^orthe. tirescan be salv^ed for reuse or retreading If salvaged tiresVre sold,income requirements apply. ~ ^-. ---. --,E;4. Federal Matchin9, Funds Recipient agrees that funds under this award cannot be used for itu ^dsJor. otheLfederalgrants unless exPressly authorized by statute. Likewise. "reciplent'mayunot'^se"fldlraL^ndsas..cost:share,fu-nds for the_state clean Diesel Grant Program'indudi'ng'fund7r'e^?ve'd^der-EP/vs, National Diesel Emissions Reduction Programs and fede'rallupplementelE'n'v'ir'o'n'me^al
E5. ExpenseslncuTCd-PT;to the. pr°Ject Period. Recipient agrees that, except for eligible pre-awardcosts^deflned in-2-CFR §20°458'and as auth°rized by 2 CFR §200. 309 and 2 CFR;§~1500. 8, "fu'nds
. award cannot be used to cover expenses incurred prior to the project period andthat'imcurredpnorto. the^roject Period cannot be used as a cost-share for projects"funded~under'thisv 'awa'r'rE-6;. Admin'strat've. cost EXP.ense caP: No more than 15 percent of the recipient;s"totarproiect"co^s°be. usedtocoveradm'nistrativetyPe costs (e9 Personnei. benefits, travel,"andofftce'supp?ies). '':Total"project. costs. 'nc'u_d_ethe federal share as well as any cost-share provided by the recipient1
'
The recJDieindirect costs are not considered as administrative type costs and do not count'towards'the'15'imaximum.
E 7: Fomerly venfied Technologies_No funds awarded under the Program shall be used for retrofittechnologies on EPAs or CARB's, -Formerly Verified Technologies" lists EPA'^ form'eriyverifiedlist can
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on locomotives currently certified to Tier 0+ or higher.E.20/Manneshore. connection: ReciPient agrees that funds under this award cannot be used for marineshore connection system_ projects that are expected to be utilized less-than2", 000"MW"-hL21^0comot!ve shclreconnection: ReclPient agrees that funds-underthisaward"cannotjbe"used for
Ioco,motlveshore connection system^ projects that are expected to~be-utilizediess"than"1"OM iE22Lorom^LveAnd_MartneoperatingHours:ReciPienta9reesthat^^can.noLbeuse<j to retrofit- reP°wer. replace, upgrade or install idle reduction'technoloa'ies'on'dia'i'tlocomotives or marine engines that operate less than 1000 hours'per'year'
F. Drayage Vehicle Replacement Project Requirements:F;1Jnadditio,ntothescrappa9e. requ'rements for a" vehicles/equipment described in E. 3.4 above.re.cpels, re?!a,cing. dray.agevehjcles are required to estab"sh and'documen't'guidelin'e'sto ens ure that the^rapped. Yehiclehasa history of°Peratin9 on a frequent basis over the prior ^7rasTdravaae"tml ckc"F.2.Tl'lrec^Len!. musLestablish_anddocument. 9uidelinestoen~su7e't^all^^9ran^nds-are.operatedlna manner. consistentwith the definition of adrayage'tru"ck, "defineda's'^
;t8na. a^8bin:usto":roaiveNdewt^^gross^operT90n o^rans9ressin_9_through Port OT. intermodaFrail yard" property for thepurposeo'floadirunloading or transporting cargo, such as containerized, bulk or breai^buik goodst""^" "' 'uau'"y'G. Delays or Favorable Developments:The.recLP !ent. a?rees thatlt w"'. Promptly notify the EPA Project Officer of any problems, delays, or;
OT.ndit^r'swhK:h-may_mate. rJa!ly,'mpai.r its ab"ityto de"ver on the outputs/outcomesspecified'fn the°woTplan. This disclosure must include a statement of the
^^, taiken;^ror, te>mp'.ated. andany^ssistance needed to resolve the situation. The recipient,;^Il^^s^fy^^p:^(^rc^fa^ted;;^m^^i^^^^^2^s^en s^yc tlves sooner or at le5s cost than ant'ciPatedor"Prod^9'm^e'be^ic;^^lts
H. Employee and/or Contractor Selection:EPA will not help select employees or contractors hired by the recipientI. Program Income:
programlncome as deflned al 2 CFR §200 80 means Oross income received by the grantee orsubrec!pienuh^ ls-directly Senerated by a grant_supported activity or eam'ed'a's a' resaulTofThe'Federal^rd, dun.ngih! pelo dolperformance_. under DERA 9rants. Pro9ram 'ncomeis'generaiiyllimit^<?he^^OLSfrlpped, O^T^Ufa^u/-edengJnes/chasslsor~salva91 eden9ine/v^icle^^^^, ±es. ^tm»c, l,ud-e/eve. nueg^neratedbyre^^^ehle ! andJqu/p.mTipurc.haselw Yrant~f^and-enddates ofthe Period Performance as included in the Federal award Program'income^
ring the project period shall be retained by the recipient and, in accordance withTc'FR"recipient is authorized to use program income as follows:LLPro9ramJncome. maybe added to the Federal award by EPA and recipient and used to further eliaibleprojec^program °bJectives The Program income shall be used for the" purposes and under'the'conditions of the grant agreementL2
i,p.rogram. 'ncomem_ay^eusecl to meet the cost-shanng or matching requirement of the Federal award.
inc'ud^ng. anymandato70 rvolunta^cost-share'Theamo"untoftheFedera^^^^^from the total allowable costs to determine the net allowable costs on whichthe federal'
share_of-costs_isbased', This means. that the recipient shall spend program'income on 'project actFv'itles!LefoJe.spenJi-'ng/requestlng_, federal funds for Pr°Ject activities. This may7esult7n'unspern't"fedeFaTfu'n^ atthe end of the project period.The recipient will maintain records adequate to document the extent to which transactions iprogram income and the disposition of program income
J. Equipment Use, Management, and DispositionThese equipment use, management, and disposition instructions are applicable to assistance,recipients and subrecipients acquiring equipment under this award State agencies "may 'use"minage'and
dispose of equipment acquired a Federal award by the state in accordance with state laws andprocedures.
^ip^la 9rees. eJament_ac_qulred under_thisassistance agreement will be subject to the use andmanagement and disposition regulations at 2 CFR §200. 313.Eqyipment-is:deflned. as tan9ible Personaf Property having'a useful life of more than one year and a^^LtKaJ:q^s'^OSLW ^Chequals. or exceeds the tesser of $5. 000. or the' ca'pitelizationTever^biis^d^^non:F. ederalentityforflnanclal statement purposes'(see2 CFRl'20"6'. T2 'Ca'P'italassets). Certified or verified technologies, vehicles, engines andrro-nroadequ'pmentareco"sidered. to be equipment to'the extent they fall within this definition.
' ^atauhe-endof-theproject period the recipient will continue to use the'equipment^^selu^TlhiLTSHi?alc!a. grc!men^n!he^ect^need.ed'_wh!theror. n?t_the Pr°Jector Program continues lo be sjpported bythe'Fe'derar^d.^?9:e^^men^^^t^ non:Federal enttty may^^ equipment t^^S,?nln.°nrtSt?. plpe^nd, usethJ-proceedsto0^eq.uJlmTLWith^cu:rent. per. unitfair m^et_value of $5, 000 or less'may be7etaTned';^id'o'r'oJthe^i'soeudisposed of with no further obligation to the Federal awarding'agency.""' "" '""" "'"' "u'u u' ul"c'w">e,K. Procurement Procedures:
.The.rlcipient, must-fo"ow a.PPlicabte Procurement procedures. EPA will not be a party to theseLra,n.s^tLo^s.whel], proc.uringproPertyand services under a Federal award"a tate >muust"f^w the same^^1^^£^^S £:^^^fro^ron-^^^^^^^p7^C.FR. §2003,2iprocuremen_tofRecov. ered-MaJerials. andensure ^^;^\S^sanyda^esre^^^^R§^3^(^^P^S^^^^F^S'^"3T6°C±^^tete'wdl'°'to""2CTRSSM^317e=^L. For-Profit Sub-recipientslaS L° LEP^Gen>eral.Ierman.dcondltion #7. "Establishing and Managing Subawards", the
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p u;^ha;e6^aSe'XesS °' lh° '""rd °' ' subs""t '""". or toa" b» a s'ate. "" st"e .>""
M.LF rJu^aT;rebat-es'-andloansprovided to the owner of a diesel vehicle or fleet, the total number^±^Ss^S{f'^^^^^^^Meb2a^oootohae^ ssuSd rebatest and loans' a description of each app"cation for which the sub9rant.
N. LeveragingThe. r.ec'pre. nt. a9reesto_provlde the ProPosed leveraged funding, including any voluntary cost-share^n S,OTO,vermateh thalis described in !ts aT approved'workplan' l7theproposed'ievera°gmfl does^LSr^'TO^^9^eJ rloilTa:d. perfo/manc^. a^
e^!anatronLlheA9encym^con^e^thisfactonn. evatuatin9^?D?SnJf.lhepro.posed 'evera9mg does not materia!1.2e durin9 the Period o'f7ward'perform7n^lthenEPA, ^a^reconsKie. r-the. le9itimacy of the award; tf EPA determineVthari'he reap'ienTkn'o'S^r''I,ec,k'essllplo, vided^accura,te information regardin9the teveraged"funding''the"recipien't'descar'ibe'd in itsfina!lpprlved workp'an EPA maytake act'o" as authorized by 2~CFR~Pasrt"200^Sl 2"C^TpE »l'l '803S 3PPllCat)l6.
0. Mandatory Cost-Share Requirement
P. Usage of Funds
MJ±shorlpowfi;cnnnprtion svstems_and-Tr;^s^El^t^fi^'nuE^A funds;
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^^eLUP-toJ5 %oftherostofan eli9ible vehlcle w Piece of'equipment'i2fl3, mld!'.yeaLO Lnewer. certffied en9ine' states an'd'/or'eii g^ ijprrties^weirea Dy a
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D^oTo^LRe^m.el lpAiwdsa':d-state yo luntary matchin9fund^ "n cover upto 50%.oflhecostof_a. n_eli9ible re.Placement drayage truck'powered'by^ 20'1UO>m^'d^uvveearupss^a^^^l;!F^Et ^uiatea^F=^ist^^^'^rcase^acNGen91ne). states, and/or eii9ible third Parties a^e'respons^le'foTt^;
.^shaJec, OLa^east50^0f^c"ostofaa'n". eli9'i'ble^^^S^^^^^!^^d!^wk^lmatc^^^^°ver up to^^>OJS, col(LaboLand. equ-ipment). of an eligible clean alternatfve"f°uel"coanvuel rsui^n;dsta:tevseanudpto0s^ss^r=^=;^=^=^'^^°r
^cee59Jb!e^^uJsit l^costfoLequlpment means the net invoice Price of the equipment, mcludin^§S§Si^^^i^^S^einsurance andfreight may be ^u"dedin'ore ^;deodyfrco&mThcenaacsqSnac% pnroacecTdeainncteawn^ the
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Q State Grant Cybersecurity Condition
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W d)EPA must ensuTe th'^uadn; c"oynn^S SS^bte^SlLaw be.rsecurityrequirements"'s^^^^^^^^^s^^^=^^[emand^a^^^sss^^'^Z±t^c"1^^ ^ Sr^SSSS^i^S^- Tra^tory''^i^J^^iS^SSSES^^-^^sssss^i^i^^^sr^^^^^S^S^^S Tn^S^ n^ser'^^menisope^ted'an-dusedbyipA's'reTu^to^S^?onS^m^^^Pie^^^^^^^l£s ^£^^^^^^a^edataco mply withThe'reqourreme^tsTny(^^haessu^SeDseun?^^^^igi§ESS^S§^is=!:^^SS^S^iii^^^^sss^^^^i^'Se^ceAgre'emenFbe^en^^sTb'r^^^R Subaward Monitoring
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Environmental results the subrecipient achieved
C PR
ALL OTHER TERMS AND CONDITIONS ARE UNCHANGED
GENERAL TERMS AND CONDITIONSFOR FEDERALLY FUNDED GRANT CONTRACTS
1. ACORN FUNDING PROHIBITION: In compliance with section 163 of the Continuing AppropriationsResolution, 2010, Division B of Pub. L. No. 111-68 (CR), none of the funds made available by thisjoint resolution or any prior Act may be provided to the Association of Community Organizations forReform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. Federal agenciesare expressly prohibited from providing funds to ACORN and its associated organizations directlythrough grants and cooperative agreements (financial assistance). The prohibition also extends tosubgrants/subawards and procurement contracts awarded by financial assistance recipients.
2. APPLICABLE LAWS: This Contract shall be governed in all respects, whether as to validity,construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia.
3. APPLICATION FOR ASSISTANCE: If grant funding assistance is continued year to year, the Granteeshall submit a complete application, including the proposed workplan, to the Department at least 75days prior to the beginning of the next project period unless otherwise specified in the Special Termsand Conditions.
4. ASSURANCES - CONSTRUCTION PROJECTS: By entering this contract, the authorized representativeof the Grantee certifies that, if applicable, the Grantee will comply with the following requirement:Parts II and III of Executive Order 11246 (30 F.R. 12319, 1965) as amended by Executive Orders11375 (32 F.R. 14303, 1967) and 12086 (43 F.R. 46501, 1978) requiring federally assistedconstruction contracts to include the nondiscrimination provisions of § 202 and 203 of that ExecutiveOrder and Department of Labor regulations implementing Executive Order 11246 (41 CFR § 60-1.4(b), 1991).
5. ASSURANCES - NON-CONSTRUCTION PROGRAMS: By entering this contract, the authorizedrepresentative of the Grantee certifies that it is in compliance with each of the following applicablerequirements:
(a) Has the legal authority to apply for federal assistance, and institutional, managerial andfinancial capability (including funds sufficient to pay the non-federal share of project costs) toensure proper planning, management and completion of the project description.(b) Will give the Department, the awarding federal agency, and the Comptroller General of theUnited States, through any authorized representative, access to and the right to examine allrecords, books, papers, or documents related to the agreement; and will establish a properaccounting system in accordance with generally accepted accounting standards or Departmentdirectives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose thatconstitutes or presents the appearance of personal or organizational conflict of interest, orpersonal gain.(d) Will initiate and complete the work within the applicable time frame after receipt of approvalof the Department.(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U. S.C. § 4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteenstatutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel Administration (5 C.F.R. 900, Subpart F).(f) Will comply with all federal statutes relating to nondiscrimination. These include but are notlimited to: (1) Title VI of the Civil Rights Act of 1964 (P. L. 88-352) which prohibitsdiscrimination on the basis of race, color or national origin; (2) Title IX of the EducationAmendments of 1972, as amended (20 U. S. C. §§ 1681-1683, and 1685-1686), which prohibits
Rev. 12-07-2015Page 1 of 13
discrimination on the basis of sex; (3) Section 504 of the Rehabilitation Act of 1973, as amended(29 U. S. C. § 794), which prohibits discrimination on the basis of handicaps; (4) the AgeDiscrimination Act of 1975, as amended (42 U. S.C. §§ 6101-6107), which prohibitsdiscrimination on the basis of age; (5) the Dmg Abuse Office and Treatment Act of 1972 (P. L.92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (6) theComprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of1970 (P.L. 91-616), as amended, related to nondiscrimination on the basis of alcohol abuse oralcoholism; (7) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U. S.C. 290 dd-3 and290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (8)Title VII of the Civil Rights Act of 1968 (42 U. S.C. § 3601 et seq.), as amended, relating tonondiscrimination in the sale, rental or financing of housing; (9) The Americans with DisabilitiesAct of 1990 (42 U. S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability;(10) any other nondiscrimination provisions in the specific statute(s) under which these federalfunds are being paid; and (11) the requirements of any other nondiscrimination statute(s) whichmay apply to the contract.(g) Will comply, or has already complied, with the requirements of Titles II and III of theUniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquiredas a result of federal or federally assisted programs. These requirements apply to all interests inreal property acquired for project purposes regardless of federal participation in purchases.(h) Will comply with the provisions of the Hatch Act (5 U. S.C. §§ 1501-1508 and 7324-7328)which limit the political activities of employees whose principal employment activities are fundedin whole or in part with federal funds.(i) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U. S. C. §§ 276a to276a-7), the Copeland Act (40 U. S.C. § 276c and 18 U.S.C. §§ 874), and the Contract WorkHours and Safety Standards Act (40 U. S.C. §§ 327-333), regarding labor standards for federallyassisted construction subcontracts.
(j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973 (P. L. 93-234) which requires recipients in a specialflood hazard area to participate in the program and to purchase flood insurance if the total cost ofinsurable construction and acquisition is $10,000 or more.(k) Will comply with environmental standards which may be prescribed pursuant to thefollowing: (1) institution of environmental quality control measures under the NationalEnvironmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (2)notification of violating facilities pursuant to EO 11738; (3) protection of wetlands pursuant toEO 11990; (4) evaluation of flood hazards in floodplains in accordance with EO 11988; (5)assurance of project consistency with the approved state management program developed underthe Coastal Zone Management Act of 1972 (16 U.S.C. HH 1451 et seq.); (6) conformity offederal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear AirAct of 1955, as amended (42 U.S.C. U 7401 et seq.); (7) protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974, as amended, (P. L. 93-523); and (8)protection of endangered species under the Endangered Species Act of 1973, as amended, (P. L.93-205).(1) Will comply with Wild and Scenic Rivers Act of 1968 (16 U. S. C. §§ 1271 et seq. ) related toprotecting components or potential components of national wild and scenic rivers system.(m) Will assist the Department in assuring compliance with Section 106 of the National HistoricPreservation Act of 1966, as amended (16 U. S.C. 470), EO 11593 (identification and protectionof historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U. S.C.469a-l et seq. ).(n) Will comply with P.L. 93-348 regarding the protection of human subjects involved inresearch, development, and related activities supported by this award of assistance.
Rev. 12-07-2015Page 2 of 13
(o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7U. S.C. 2131 et seq.) pertaining to the care handling, and treatment of warm blooded animals heldfor research, teaching, or other activities supported by this award of assistance.(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.)which prohibits the use of lead based paint in construction or rehabilitation of residencestructures.
(q) Will cause to be performed the required financial and compliance audits in accordance withthe Single Audit Act of 1984.(r) Will comply with all applicable requirements of all other federal laws, executive orders,regulations and policies governing this program.
6. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that theDepartment shall be bound hereunder only to the extent of the funds available or which may hereafterbecome available for the purpose of this Contract.
7. CERTIFICATION - CONFLICT OF INTEREST: The Grantee warrants that it has fully complied withthe EPA's Final Financial Assistance Conflict of Interest Policy (http://www2.epa. gov/erants/epas-final-financial-assistance-conflict-interest-policv) and the Code of Virginia State and LocalGovernment Conflict of Interests Act (http://law. lis. virsinia. £ov/vacode/title2. 2/chapter31/).
8. CERTIFICATION - DRUG-FREE WORKPLACE: The Grantee warrants that it shall comply with theprovisions of Public Law 100-690, Title V, Subtitle D, "Drug-Free Workplace Act of 1988", and allapplicable federal implementing regulations, including 15 CFR Part 26 or 40 CFR Part 32, whichrequire that the Grantee take steps to provide a drug-free workplace.
The Grantee certifies that it will or will continue to provide a drug free workplace by:(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplaceand specifying the actions that will be taken against employees for violation of such prohibition;(b) Establishing an ongoing drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace(2) The Grantee's policy of maintaining a drug free workplace(3) Any available drug counseling, rehabilitation, and employee assistance programs, and(4) The penalties that may be imposed upon employees for drug abuse violationsoccurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the Contractbe given a copy of the statement required by paragraph (a);(d) Notifying the employee in the statement required by paragraph (a) that, as a condition ofemployment under the Contract, the employee will:
(1) Abide by the terms of the statement; and(2) Notify the employer in writing of his or her conviction for a violation of a criminaldrug statute occurring in the workplace no later than five calendar days after suchconviction;
(e) Notifying the Department in writing, within ten calendar days after receiving notice undersubparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction.(f) Taking one of the following actions, within 30 calendar days of receiving notice undersubparagraph (d) (2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such employee, up to and includingtermination, consistent with the requirements of the Rehabilitation Act of 1973, asamended; or
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(2) Requiring such employee to participate satisfactorily in a drug abuse assistance ofrehabilitation program approve for such purposes by a federal, state, or local health, lawenforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug free workplace throughimplementation of paragraphs (a), (b), (c), (d), (e), and (f).
9. CERTIFICATION - LOBBYING: The Grantee certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with the awarding of any federal contract, the making of anyfederal grant, the making of any federal loan, the entering into of any cooperative contract, andthe extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative contract.(b) If any funds other than federal appropriated funds have been paid or will be paid to anyperson for influencing or attempting to influence an officer or employee of any agency, a Memberof Congress, an officer or employee of Congress, or an employee of a member of Congress inconnection with this federal contract, grant, loan, or cooperative contract, Standard Form-LLL,"Disclosure Form to Report Lobbying" will be completed and submitted, in accordance with itsinstructions.
(c) That the language of this certification shall be included in the award documents for allsubawards at all tiers (including. subcontracts, subgrants and contracts under grants, loans, andcooperative contracts) and that all subrecipients shall certify and disclose accordingly.
MUST BE INCLUDED IN ALL SUBAWARDS EXCEEDING $100, 000: The Grantee agrees tocomply with the Title 40 CFR Part 34, New Restrictions on Lobbying. Grantees must submitcertification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any Grantee who makes a prohibitedexpenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying formsshall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for eachsuch expenditure.
Grantees shall ensure that no grant funds awarded under the federal grant contract are used toengage in lobbying of the Federal Government or in litigation against the United States unlessauthorized under existing law. The Grantee shall abide by its 0MB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States or forlobbying or other political activities.
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE: The Grantee agrees that:If any funds have been paid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this commitmentproviding for the United States to insure or guarantee a loan, the Grantee shall complete andsubmit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with itsinstructions.
This certification is a material representation of fact upon which reliance was placed when thistransaction was made or entered into. This certification is a prerequisite for making or enteringinto this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file
Rev. 12-07-2015Page 4 of 13
the required certification shall be subject to a civil penalty of not less than $10,000 and not morethan $100, 000 for each such failure.
10. CERTIFICATION - NONDISCRIMINATION: During the performance of this Contract, the Granteeagrees as follows:
(a) The Grantee will not discriminate against any employee or applicant for employment becauseof race, religion, color, sex or national origin, except where religion, sex or national origin is abona fide occupational qualification reasonably necessary to the normal operation of the Grantee.The Grantee agrees to post in conspicuous places, available to employees and applicants foremployment, notices setting forth the provisions of this nondiscrimination clause.(b) The Grantee, in all solicitations or advertisements for employees placed by or on its behalf,will state that such Grantee is an equal opportunity employer.(c) Notices, advertisements and solicitations placed in accordance with federal law, rule orregulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
The Grantee will include the provisions of the foregoing paragraphs a, b and c in everysubcontract or purchase order of over $10, 000 so that the provisions will be binding upon eachsubcontractor or vendor.
11. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: The recipient shall fully complywith Subpart C of 2 CFR Part 180 and 2 CFR part 1532, entitled "Responsibilities of ParticipantsRegarding Transactions (Doing Business with Other Persons). " The recipient is responsible forensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2CFR Part 1532, entitled "Covered Transactions, " including a term or condition requiring compliancewith Subpart C. The recipient is responsible for further requiring the inclusion of a similar term orcondition in any subsequent lower tier covered transactions. The recipient acknowledges that failingto disclose the information as required at 2 CFR 180. 335 may result in the delay or negation of thisassistance agreement, or pursuance of legal remedies, including suspension and debarment. Therecipient may access the Excluded Parties List System at http://euls.amet. eov. This term andconditions supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, andOther Responsibility Matters."
12. CIVIL RIGHTS OBLIGATIONS:
General:
This term and condition incorporates by reference the signed assurance provided by the recipient'sauthorized representative on: 1) EPA Form 4700-4, "Preaward Compliance Review Report for AllApplicants and Recipients Requesting EPA Financial Assistance"; and 2) Standard Form 424B orStandard Form 424D, as applicable. These assurances and this term and condition obligate therecipient to comply fully with applicable civil rights statutes and implementing EPA regulations.
Statutory Requirements:
In carrying out this agreement, the recipient must comply with:
Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color,and national origin, including limited English proficiency (LEP), by entities receiving Federalfinancial assistance.
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against personswith disabilities by entities receiving Federal financial assistance; and
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The Age Discrimination Act of 1975, which prohibits age discrimination by entities receivingFederal financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with:
Title DC of the Education Amendments of 1972, which prohibits discrimination on the basis of sexin education programs and activities operated by entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipientmust also comply with:
Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibitsdiscrimination on the basis of sex in CWA-funded programs or activities.
Regulatory Requirements:
The recipient agrees to comply with all applicable EPA civil rights regulations, including:
For Title K obligations, 40 C.F.R. Part 5; and
For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C. F.R. Part 7.
As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulationsestablish specific requirements including maintaining compliance information, establishing grievanceprocedures, designating a Civil Rights Coordinator, and providing notices ofnon-discrimination.
Title VI - LEP, Public Participation and Affirmative Compliance Obligation:
As a recipient ofEPA financial assistance, you are required by Title VI of the Civil Rights Act toprovide meaningful access to LEP individuals. In implementing that requirement, the recipient agreesto use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to EnvironmentalProtection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against NationalOrigin Discrimination Affecting Limited English Proficient Persons. " The guidance can be found athtt!}://fnvebcjate.access. 2po. qovlccii-binlc/etdoc.ccii?dbriame=2004 register<&.docid=fr25M04-79.p d
If the recipient is administering permitting programs under this agreement, the recipient agrees to useas a guide OCR'S Title VI Public Involvement Guidance for EPA Assistance Recipients AdministeringEnvironmental Permitting Programs. The Guidance can be found at http://edocketaccessepo. eov/2006/ndff06-2691 .ndf.
In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation toimplement effective Title VI compliance programs and ensure that its actions do not involvediscriminatory treatment and do not have discriminatory effects even when facially neutral. The recipientmust be prepared to demonstrate to EPA that such compliance programs exist and are being implementedor to otherwise demonstrate how it is meeting its Title VI obligations.
13. COLLATERAL CONTRACTS: Where there exists any inconsistency between this Contract and other provisionsof collateral contracts which are made a part of this Contract by reference or otherwise, the provisions of thisContract shall control.
14. CREATION OF INTELLECTUAL PROPERTY (NOT APPLICABLE TO CONTRACTS WITH OTHER STATEAGENCIES): All copyrightable material created pursuant to this Contract shall be considered work made forhire and shall belong exclusively to the Department. Neither party intends any copyrightable material createdpursuant to this Contract, together with any other copyrightable material with which it may be combined orused, to be a "joint work" under the copyright laws. If any copyrightable material created pursuant to this
Rev. 12-07-2015Page 6 of 13
contract cannot be deemedwork made for hire or is deemed part of a joint work, the Grantee agrees toirrevocably assign, and does hereby irrevocably assign, its entire copyright interest in such materiaTor°work to
Department and shall execute and deliver such further documents as the DepartmenTmay'request for the purpose of acknowledging such assignment.
SL?lntee-w_an'a^t!ithat "° i,ndividual' other than regular employees of the Grantee or Department workingwithin the scope of^their employment, shall participate in the creation of any copyrightabiematerialto be
1 under this Contract, unless_such individual and his or her employer, if any, have signed an mtellectualproperty contract satisfactory to the Department before commencing such participation.
-r eL>epartalentsha11 havea11 rights'title and interest in or to any invention reduced to practice pursuant to thisContract. The Grantee shall not patent any invention conceived in the course of performing this Contract.
I:eGrantee hereby^grees that' notwithstanding anything else in this Contract, in the event of any breach ofis Contract by the Department, the Grantee's remedy shaU not include any right to rescind or otherwise re'voke
or invalidate the provisions of this Section. Similarly, no termination of this^contract by the Department'shaUthe effect of rescinding the provisions of this Section.
Ih!SJ^Sio.napplies only to materials. or documents developed with Contract funds. It does not apply tomaterials or documents previously copyrighted or registered under the Grantee's copyright or trademarkror tomaterials or documents which are developed with other funds.
15. DISCLAIMER: Nothing in this Contract shall be construed as authority for either party to make commitmentswill bind the other party beyond the project or work contained'herein. Furthermore, ~the Grantee"shali
not assign, sublet, or subcontract any work related to this Contract or any interest it may have herein withoutthe prior written consent of the Department.
16. DOCUMENTS^ The Grantee may retain any reports, studies, photographs, negatives, or other documents^arcd, by t.he Grantee in the Perfonnance of its obligations'under'this Confract and not"reqwred~to"bedelivered to the Department The Department shall have the copyright to all such material s, "md "unlimitedn8hts. to, use any such materiaLS -
where necessary for the Department's fall enjoyment of its'copyrights and
other rights referenced in this Contract the Grantee shall provide a clear, reproducible copy-ofsurch"matenak(machine readable upon request) to the Department.
TheGrantee has permission to produce and distribute any material or documents prepared by the Grantee and
for which the Department owns the copyright, but only where necessary or expeditious to the perfomiance ofthe Grantee's obligations under this contract.
Ihl^J>;r,ovi.sio,napplies only to materials. or documents developed with contract funds. It does not apply tomaterials or documents previously copyrighted or registered under the Grantee's copyright o7trademarkt 'or to
materials or documents which are developed with other funds.
17. DUN AND BRADSTREET DATA UNIVERSAL NUMBERING SYSTEM (DUNS): To implement the FederalFmancialA^ccountabiHty and Transparency Act (FFATA), it requires sub-recipients for federal'awa'rds to'havea Dun and Bradstreet Data Universal Numbering System (DUNS) number, and it is strongly recommended that
5-recipient register in the Central Contractor Registry (CCR) system.
18. EMPLOYEE ADMINISTRATION AND COSTS: In the event this Agreement provides funds to the GranteeJ?!LS?nnel or Personnel. related expenditures, the Grantee shall be solely responsible for all: (a)"personnd
!d"?mis teati?n. an,d obligations', to include, but not limited to: hiring, evaluations, termination, vetc.l;~and'"(b)costs, to include, but not limited to: payment for leave, unused time, unemployment insurance and unforeseene,mpio yment liabilities (e-§- unemployment compensation, leave pay out, workers compensation, etc. ). The
DEQ shall not assume any responsibilities or obligations as an employer; nor shall the DEQ'assume any
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liability (during or after the term of this Agreement) for personnel related costs incurred by the Grantee in orderto fulfill its obligations under this Agreement (except as noted below):
Note: The DEQ may, in its sole discretion and as specifically allowed in this Agreement, or in accordancewith the overriding federal costs principles, reimburse the Grantee for salary and eligible fringe costsincurred during the performance of this Agreement.
19. FAIR SHARE GOAL: GENERAL COMPLIANCE, 40 CFR, PART 33: The Grantee agrees to comply with therequirements ofEPA's Program for Utilization of Minority and Women's Business Enterprises (MBE/WBE) inprocurement under assistance agreements, contained in 40 CFR, Part 33.
SDC GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C (Section 33. 301): Grantee agrees to makethe following good faith efforts whenever procuring construction, equipment, services and supplies under thisgrant contract and prime contractors also shall comply. Records documenting compliance with the six goodfaith efforts shall be retained.
(a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to thefullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and localgovernment recipients, this will include placing DBEs on solicitation lists and soliciting them wheneverthey are potential sources.(b) Make information on forthcoming opportunities available to DBEs and arrange time frames forcontracts and establish delivery schedules, where the requirements permit, in a way that encourages andfacilitates participation by DBEs in the competitive process. This includes, whenever possible, postingsolicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closingdate.(c) Consider in the contracting process whether firms competing for large contracts could subcontract withDBEs. For Indian Tribal, State and local government recipients, this will include dividing totalrequirements when economically feasible into smaller task or quantities to permit maximum participationby DBEs in the competitive process.(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms tohandle individually.(e) Use the services and assistance of the Small Business Administration and the Minority BusinessDevelopment Agency of the Department of Commerce or VA Department of Minority Business Enterprise(DMBE) in finding DBEs. MBE/WBE businesses must now be officially certified as such in order to becounted towards an EPA grantee's 'Fair Share" MBE and WBE goals accomplishments.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs(a) through (e) of this section.
Grantee agrees to complete the Substitute DEQ MBE/WBE Report Form (copy attached) semi-annually onawards of subcontract(s) to a minority or women's business. Reports shall continue until the finalsubcontract is awarded, whether or not a sub-contract(s) is awarded to a minority or women's business inthe subsequent quarters. Reports shall be submitted according to the following schedule:
Period Report Due
April 1 - September 30October 1 - March 3 1
October 15
April 15
Reports shall include all subcontracts made by the Grantee with minority or women's businesses. Reportsmay, but are not required to, include subsequent tiers of subcontracts. Reference BIDDERS LIST, 40 CFR,Section 33.501(b) and (c) - Grantee agrees to create and maintain a bidders list.
20. FEDERAL AND NON-FEDERAL COST SHARING RELATED TO GRANTS: If actual allowable project costs areless than the total approved estimated budget, the federal and non-federal cost share ratio as reflected in the
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approved estimated budget shall apply. If acmal allowable costs are greater than the total approved estimatedbudget, the federal share shall not exceed the total federal dollar amount as reflected in the contract.
21. FINANCIAL RECORDS AVAILABILITY: The Grantee agrees to retain all books, records, and other documentsrelative to this contract for five years after final payment, or until audited by an independent auditor, whicheveris earlier. The Department, its authorized agents, and/or state auditors shall have full access to and the right toexamine any of said materials during said period.
22. FIRE SAFETY: Pursuant to 40 CFR 30. 18, if applicable, and 15 USC 2225a, the Grantee agrees to ensure thatall space for conferences, meetings, conventions, or training seminars funded in whole or in part with federalfunds complies with the protection and control guidelines of the Hotel and Motel fire Safety Act (PL 101-391,as amended). Grantees may search the Hotel-Motel National Master List athttp://www.usfa.dhs.eov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently notrequired), or to find other information about the Act.
23. FISCAL CONTROL: The Grantee shall establish fiscal control and fund accounting procedures which assureproper disbursement of, and accounting for, contract funds. The Grantee shall for the purpose of this contract:
(a) Provide all accounting, bookkeeping, fiscal, and administrative services required by or related to thisContract.
(b) Request partial payment due from the Department in accordance with the terms of this Contract.(c) Maintain appropriate support for all expenditures incurred and maintaining all books, documents,papers, accounting records, and other evidence supporting the costs incurred associated with this Contract.It shall make such materials available at its offices at all reasonable times during the Contract period, andfor three years from the date of final payment under this Contract, for inspection and audit by theDepartment or any authorized representative of the Department.
24. FOOD AND REFRESHMENTS: Grant funds shall not be used for food/refreshments at activities/events(e. g. meetings, workshops, training, field days or conferences) unless the objectives of the event would becompromised if food/refreshments were not provided. The criteria to be used to determine whether anevent qualifies and providing food/refreshments is reasonable and appropriate include:
. The length of the event (the event lasts all day, usually at least 6 hours);
. It is impractical for participants to obtain lunch on their own (due to isolation or distance to restaurantsor their office);
. It can be documented that physical attendance of all participants was essential; and
. It can be documented that participants are working during the normal meal time as stated on an agenda(e.g. working lunch or dinner) and no other opportunity for a meal will be provided.
Costs for food and refreshments shall be at or less than the Commonwealth of Virginia or local per diemrates (as applicable) for the event location.
The expenditure of funds on food/refreshments, must be clearly stated in the work plan and the budgetnarrative).
The following EPA food policy is incorporated herein, except as modified below:
"(EPA Food Policy GPI 11-2): Unless the event(s) and all of its components (i.e., meetings, conferences,outreach activities, field events training or recq)tions, banquets and other activities that take place after normalbusiness hours) are described in the approved workplan, the recipient agrees to obtain prior approval from the DEQ forthe use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, andoutreach activities (events). The recipient must send requests in writing for approval to the DEQ Grant Manager andinclude:
a) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at theevent(s);b) A description of the purpose, agenda, location, length and timing for the event.
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c) An estimated number of participants in the event and a description of their roles.
Recipients may address questions about whether costs for light refreshments, and meals for events are allowable tothe DEQ Grant Manager. However, the EPA Project officer and the Agency Award Official or Grant ManagementOfficer will make fmal determinations on allowability. *Agency policy prohibits the use ofEPA funds forrecqrtions, banquets and similar activities that take place after normal busmess hours unless the recipient hasprovided a justification that has been expressly approved by EPA's Award Official or Grants ManagementOfficer.'"
Note: U. S. General Services Administration regulations define light refreshments for morning,afternoon or evening breaks to include, but not be limited to, coffee, tea, milk, juice, soft drinks,donuts, bagels, fmit, pretzels, cookies, chips, or muffins. (41 CFR 301-74. 11)."
(*The above policy is revised as follows: The Grantee shall obtain prior authorization from the DEQfor all food / refreshment purchases, regardless of the type of event or the date or time of the event.
Requests for reimbursement for food/refreshment costs shall be included in the Grantee's quarterly report,which shall include a copy of the: pre-authorization approval, signed attendance list, invoices or receiptsfor food /refreshment purchases, and the final description of the purpose, agenda etc. for the event(s) (if itchanged from the Grantee's original submission). The DEQ will not reimburse the Grantee for anyunauthorized costs related to food / refreshments.
25. INDEMNIFICATION (NOT APPLICABLE TO CONTRACTS WITH OTHER STATE AGENCIES): Grantee agrees toindemnify, defend and hold harmless the Department and employees from any claims, damages and actions ofany kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, orequipment of any kind or nature furnished by the Grantee/any services of any kind or nature furnished by theGrantee, provided that such liability is not attributable to the sole negligence of the Department or to failure ofthe Department to use the materials, goods, or equipment in the manner already and permanently described bythe Grantee on the materials, goods or equipment delivered.
26. INDIRECT COSTS: Indirect costs will not be allowable charges against the award unless specifically includedas a line item in the approved budget incorporated into the Contract.
27. INTEGRATION AND MODIFICATION: No alteration, amendment or modification in the provisions of thisContract shall be effective unless it is reduced to writing, signed by the parties and attached hereto.
28. LIABILITY (NOT APPLICABLE TO CONTRACTS WITH OTHER STATE AGENCIES): The Grantee shall take outand maintain, during the life of this Contract, such bodily injury liability and property damage liabilityinsurance as will protect it from claims of damages for personal injury, including death, as well as from claimsfor property damage, which may arise from its activities under this contract. If the Grantee has a self-insuranceprogram, it may self-insure the risks associated with this Contract in lieu of the commercial insurance requiredherein.
29. MAINTENANCE OF RECORDS AND AUDIT (COMPLIANCE WITH CIRCULAR A-133 REQUIREMENTS): TheGrantee is required to do the following: provide the Department access to records and financial statements todetermine compliance with federal requirements; facilitate the Department's monitoring and oversightactivities; inform the Department in writing when not required to undergo a single audit; on request, inform theDepartment whether the relevant program would be audited as major using the risk-based approach (determinedsolely by the auditor) or, if not, the cost of having it audited as such (if desired by the Department, the Granteemust have the program audited as a major); send a copy of its audit reporting package to the Department whena single audit is required and the schedule of findings and questioned costs discloses audit findings (or thesummary schedule of prior audit findings reports on the status of audit findings) related to the Department'saward of federal funds; inform the Department in writing that an audit was conducted in accordance withCircular A-13 3 and that no audit findings and questioned costs (for the current or prior year) were related to theaward (sending a copy of the audit reporting package is a sure way to meet this notification requirement); on
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request, send the Department a copy of the audit reporting package and any management letters issued by theauditor, even when not required to do so (e. g., no audit findings were related to the award); resolve auditfindings (including the preparation of a corrective action plan) and comply with any management decisionissued by the Department (due within six months of receiving the Grantee's audit report); follow-up on auditfindings, unless no longer valid because they occurred at least two years earlier, the Department did not follow-up on the findings, and a management decision was never issued; and keep copies of audit reports and relateddocumentation on file for at least three years following the audit period for review by the Department.
30. NONCOMPETITIVE AWARDS TO STATES: Project Officers for non-competitive awards to states mustinclude the statement below in the notice requesting that states submit their final application package.
As required by 2 CFR 200. 112, EPA has established a policy for disclosure of conflicts of interest (COI Policy)that may affect EPA financial assistance awards. EPA's COI Policy is posted athttp://www. epa. gov/ogd/coi. htm. States receiving funding from EPA on a noncompetitive basis are onlyrequired to disclose subrecipient COI as a pass-through entity as defined by 2 CFR 200.74. Any other COI aresubject to state laws, regulations and policies. Please review EPA's COI Policy for:
- definitions of terms such as "COI Point of Contact" in section 3. 0 and the Appendix to the COI Policy.
-situations requiring disclosure in section 4.0.
-the scope of a state pass-through entity's COI inquiry in section 6.0(d).
-timing of a state pass-through entity's COI disclosure in section 7. 0(c).
-content ofCOI disclosures in section 8.0.
31. OBLIGATING FUNDS BEYOND PROJECT PERIOD: The Grantee shall not incur costs or obligate funds for anypurpose pertaining to the project beyond the expiration date stipulated in the contract.
Any extension of the award period can only be authorized by the Department. Verbal or written assurances offunding from other than the Department shall not constitute authority to obligate funds for programmaticactivities beyond the expiration date.
The Department has no obligation to provide any additional prospective funding. Any renewal of the award toincrease funding and to extend the period of performance is at the sole discretion of the Department.
32. OTHER FEDERAL GRANT AWARDS: The Grantee shall immediately provide written notification to theDepartment in the event that, subsequent to receipt of federal funds under this contract, other federal financialassistance is received relative to the scope of work of this contract.
33. PRECEDENCE OF TERMS: The Contract consists of several documents. In the event of a conflict between or
among terms in these documents, the following documents control in order from the most important to the leastimportant: Special Terms and Conditions; General Terms and Conditions; the signed Contract form; and theScope of Work.
34. PRIOR WRITTEN APPROVAL OF CHANGES: The Grantee must obtain prior written approval from theDepartment for changes to the Contract, including, but not limited to, changes of substance in programactivities, designs, or plans set forth in the approved scope of work or project workplan.
35. RECYCLED PAPER: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening theGovernment Through Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to userecycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. Thisrequirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are
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printed on recycled paper and are available through the General Services Administration. Please note thatSection 901 of E.O. 13101, dated September 14, 1998, revoked, Federal Acquisition, Recycling, and WastePrevention in its entirety.
36. REGULATORY COMPLIANCE: The Grantee shall comply with all laws, ordinances, rules, regulations, andlawful orders of any public authority bearing on the performance of the project and shall give all Noticesrequired thereby. The Grantee hereby consents to inspection by any state regulatory agency having jurisdictionover any part of the work performed with the assistance of the contract funds.
37. RENEWAL OF CONTRACT: The Contract may be renewed by the Department upon written contract by bothparties under the terms of the current contract, prior to the expiration.
38. PURCHASE OF PRODUCTS CONTAINING RECYCLED MATEMALS: Any State agency or agency of a politicalsubdivision of a State which is using appropriated Federal funds shall comply with the requirements set forthin Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulationsissued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000or 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 specificproducts containing recycled materials identified in guidelines developed by EPA. These guidelines are listedin 40 CFR 247.
39. SEVERABILITY: Each paragraph and provision of this Contract is severable from the entire contract; and if anyprovision is declared invalid, the remaining provisions shall nevertheless remain in effect.
40. SUBCONTRACTS: No portion of the Scope of Work shall be subcontracted without the prior written consent ofthe Department. The Grantee shall, however, remain fully liable and responsible for the work to be done by itssubcontractors) and shall ensure compliance with all requirements of the Contract. The Grantee shall complywith all applicable provisions of the Virginia Public Procurement Act in making such awards.
41. SUBRECIPIENTS (Applicable only to contracts with other state agencies): All federally funded grantsawarded by the Department to other state agencies are considered pass-thru and shall be reported as such by theGrantee and the Department on the Federal Schedules of Financial Assistance.
42. TERMINATION FOR CAUSE: The Department reserves the right to terminate the grant in whole, or in part, atany time before the date of completion, upon written notice to the Grantee that it has failed to comply with theconditions of the Contract. In connection with such termination, payments made to the Grantee or recoveriesby the Department shall be in accord with the legal rights and liabilities of the parties.
43. TERMINATION FOR CONVENIENCE: The Department may terminate any resulting contract, in whole or inpart, upon thirty (30) days written notice to the Grantee specifying the extent to which the performance underthe contract is terminated, and the date of termination. In the event the initial contract period is for more than12 months, the resulting contract may be terminated by either party, in whole or in part, after the initial 12months of the contract period upon thirty (30) days written notice to the other party specifying the extent towhich the performance under the contract is terminated, and the date of termination. In addition, (a) theDepartment may terminate the contract immediately if its funding is terminated or; (b) the Department or theGrantee may terminate the contract, in whole, or in part, if both parties agree that the continuation will notproduce beneficial results commensurate with further expenditure of funds; in this event, the Department andthe Grantee shall agree upon the termination conditions, including the effective date and, in the case of partialterminations, the portion to be terminated.
In the event the contract (or portion thereof) is terminated (regardless of cause), the Grantee shall not incur newobligations for the contract (or terminated portion thereof) after the effective date of termination, and shallcancel as many outstanding obligations as possible; however, termination shall not relieve the Grantee of the
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obligation to deliver and/or perform on all outstanding obligations established prior to the effective date ofcancellation.
44. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Grantee shall comply with all applicable federalregulations pertaining to "Uniform Administrative Requirements for Grants and Cooperative Contracts to Stateand Local Governments" and "Cost Principles for State and Local Government", including but notlimited to the requirements of 0MB Circular A-102, the provisions stipulated in the Common Rule, 2 C.F.R.Part 225 (formerly 0MB Circular A-87), and any specific implementing regulations promulgated by the federalawarding agency.
If the Grantee is an Institution of Higher Education or a Non-profit Oreanization, the Grantee shall complywith all applicable federal regulations pertaining to "Uniform Administrative Requirements for Grants andCooperative Contracts with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations, 2C. F.R. Part 215 (formerly 0MB Circular A-110) and for Institutions of Higher Education including but notlimited to the requirements of 2 C. F. R. Part 220 (formerly 0MB Circular A-21), and for Non-profitOrganizations including but not limited to the requirements of 2 C.F.R. Part 230 (formerly 0MB Circular A-122).
45. USE OF GRANT FUNDS: Grant funds shall only be used for the purposes and activities covered in the ProjectWorkplan.
46. TRAFFICKING VICTIM PROTECTION ACT (PROHIBITION STATEMENT): You as the subrecipient under thissubrecipient contract and subrecipients' employees may not engage in severe forms of trafficking in personsduring the period of time that the award is in effect; procure a commercial sex act during the period of time thatthe award is in effect; or use forced labor in the performance of the subrecipient contract.
Rev. 12-07-2015Page 13 of 13
SPECIAL TERMS AND CONDITIONS
All EPA Approved work plan revisions will become a part of this contract, unlessMARAMA objects in writing. A formal contract modification will not be required forthese revisions when MARAMA does not object in writing.
l''wm Approml 0MB NO. 2(>3(1-UI»2(1 Apprural {-.xpHw tM'.2(H2
JGLCDA LOBBYING AND LITIGATION CERTIFiCATION FOR GRANTSAND COOPERATIVE AGREEMENTS*
INSTRUCTIONS:
^At proj£c'<:omplelion' comP]ete lhis <orm pursuant to ihe 2001 Department uf Veterans Affairs and Housing and UrbanDe^dopment. and Independent Appropriations Act, Public Law 106.377, Section 424 and 2000 Depanmcm ofVeterans'Affairs and Housing and Urban Development, and Independent Appropriations Act, Public Law 106-74, Section 426 andany other subsequent Appropriation Act requirements.
Please niail this form to your DEQ Grants Manager within 5 days yfprojed completion. DO NOT send (his informationto the Office of Management & Budget.
Assistance Agreement NyiTibcnis):
11 hereby certify that none of these funds have been used to engage in the lobbying of the FederalGovemmcm or in litigation against the United States unless aulhorizcd under existing law.
Signature of the Chief Executive Officer Date
Print Name
BL"rdCTSta1cmCT^ Thca"Talp"bl": rcPOT1""i; a"<3 word kwping burden for this cdlcciion ormronnation is cstimalcd to a^^T^'^ ?U^T-'"^"S, . lotal t"n^, c<ron', m, f"lancial Tcso>"ws cxpiindcd by persons to generate, maintain, retail or disclo^ or"pm'id7
1 to or for a Fcdcrahi^r. cy. This indudc.s fbi; lime itccdcd lo wvicw insinttlions: tlvvdop, a<;quiru. inslall. und ulili/<;lfchnr'iuj;y'i>ndsylt cm!'. for'hcpurpo!>t:s o''co"t'cti"K- ^iiilating and verifying infonnalion. proc^sing and maintaining mftmnation. 'and disciosing'and?rov'i(Hn
ilion; adju. 1 llie existing ways to tomply with any previously applicable inslrudions and n-quircmciKs;twn pcTsonncfio bccabi'e'to"n. sponS tou collwikm ufinformniiun: sTOrch d;i(;i s^irccs; complcitf and review the collection uf inr<>nna«on:' and trani. mii or uthrmisc sciusc7k:
'l. A"aec"cy "uy nnl colKluct or SP°"-WT- a"(l a perso"i!i n01 "'(lllircd 10 rcsPond lo . " coltcclion of infomiationunic&stl displays .1valitl 0MB control nunihn. nu 0MB t. nirol nunibers for (iPA*s nigul. ilioii. i an; li.sttfd in 4(» Cl H Part 9 and 48 t'TRt'haptcM?
iT^f?TTe"ls. °" .'hc^et :^y's nccd('or thls "fonnation. the accuracy of the provided burden cslinialcs. and <uiy sufigcslcil methods for
m!l"!nixt"srespuntle"1 buna<?n- mclutt"1&fl)roil8}^h<1 uscorautoniaic. lcollwijon techniques to the Wrectm. R^ulai^ InibnnationH^sitiii. U-S.H^ProUxlionA^ncy. Aridjlios Building^ 121X1 Peniisylvania Awnuc. N.W.. Mail Code 32i3A. Washinglon. DC2M6();andto"thc"
^cconnfomiation and Rcgulatorv AtTairo, Oflicc of Managcinenl and Budget. 72? 17^ Street. N.W.-\Vashinfiton. "UC-2'U'Stl3~Ait miro^ Ue^Officer for liPA, Include ihi; tiPA ICR (Hinrtw anti n.MB control numlivr m any carrcsponiJL-ncc,
HPA Form 570(»-5;KRcv. (M 201;)
DISCLC RE OF LOBBYING ACTIVITIES !Complete this form to disclose lobbying activities pursuant to 31 U. S.C. 1352
(See reverse for public burden disclosure.)
Approved by 0MB
0348-0046
1. Type of Federal Action:a. contract
b. grant
c. cooperative agreementd. loan
e. loan guaranteef. loan insurance
2. Status of Federal Action:
|a. bid/offer/applicationJb. initial award
c. post-award
3. Report Type:a. initial filingb. material change
For Material Change Only:year _ quarterdate of last report
4. Name and Address of Reporting Entity:D Prime D Subawardee
Tier _, if known :
Congressional District, if known: 4c
5. If Reporting Entity in No. 4 is a Subawardee, Enter Nameand Address of Prime:
Congressional District, if known:i. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:$
10. a. Name and Address of Lobbying Registrant{if individual, last name, first name, Ml):
b. Individuals Performing Services (including address ifdifferent from No. 10a)(last name, first name, Ml):
11. l."-f?Lma^°n feq"ested .hrou9h this form Is authorized by title 31 U.S.C. section1352. This disclosure of lobbying activities is a material representation of factupon which reliance was placed by the tier above when this transaction was madeor entered into. This disclosure is required pursuant to 31 U.S.C. 1352. Thisinformation will be available for public inspection. Any person who fails to file therequired disclosure shall be subject to a civil penalty of not less than $10,000 andnot more than $100, 000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federalaction, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto makepayment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeofCongress, or an employeeof a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and materialchange report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enterthe year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federalaction.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classificationof the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee.e.g., the first subawardeeof the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federalrecipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. Forexample, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control numberassigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reportingentity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, andMiddle Initial (Ml).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid 0MB Control]Number. The valid 0MB control number for this information collection is 0MB No. 0348-0046. Public reporting burden for this collection of information is|estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data|needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of]linformation, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,]I DC 20503.
[Substitute DEQ MBE_WBE Report Form
Subrecipient Name: DEQ Contract Number
Name and Telephone Number Date Submitted
Annual
Total Dollars Procured in this Contract Period: $
PART II.
MBE/WBE PROCUREMENTS DURING REPORTING PERIOD
Ist(Oct-Dec)2nd(Jan-Mar)^ 3rd (Apr^lun)_ 4th(Jul.Sep)_
Subrecipient
Business
EnterpriseMinority Women
3. $ Value of
Procurement
4. Date ofProcurement
(MM/DD/YY)
5. Typeof
Product/Servlo
6.Name/Addross/Phone Number of MBEWBE"Contractor or Vendor
Column 5 - Type of product or service codes: 1 = Construction 2 = Supplies -3 = Servicea
Note: Refer to Terms and Conditions of your Subreciplent Contract to determine the frequency of reporting
4 = Equipment
INSTRUCTIONS FOR COMPLETING MBE/WBE FORM
1. Fill in your Organization's Name (Subrecipient Name field)
2 Fill in the DEQ Contract Number that was assigned to your contract
3 Fill IN THE Name and Telephone Number of person completing the form
4 Fill in Date Submitted
5 Under the MBE/WBE Procurements during Report perioda. Check the appropriate time period of reporting
6 Under Total Dollars Procured in this Contract period provide: Total Dollar Amount of Purchases
Part II Provide the following information
2. Business Enterprise (Check Minority or Women)3. Provide the dollar value procured from Vendor4. Type in date of purchase (MM/DD/YY format)5. Type of Product or Service = use the number associated (see bottom of page)
1. Construction, 2. Supplies, 3. Services, 4 Equipment
6. Provide Name, Address of MBEA/VBE Vendor