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CARE Level I AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and SALINA-SALINE COUNTY HEALTH DEPARTMENT This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina, Kansas, (the "CITY") and Salina- Saline County Health Department ( "HEALTH DEPARTMENT"). Recitals A. The CITY is the recipient of an award through the Community Action for a Renewed Environment (CARE) program administered by the U.S.. Environmental Protection Agency ("EPA"). B. The award will fund a project allowing the City to .provide solutions to some of its environmental health concerns as identified and prioritized by the CARE Level I process. The funding will be used for offering training in radon measurement and reduction, implementing the "Healthy Home" concepts, conducting projects to help conserve water and minimize pollutants in storm water runoff, and building the capacity of Salina residents, organizations, and youth groups for long-term health and environmental change. C. The award, its terms and conditions are memorialized in a Cooperative Agreement ID # 97730701 executed by the CITY on October 12, 2011 and by the EPA on September 22, 2011 and attached to this Agreement as Exhibit E. D. The HEALTH DEPARTMENT has the requisite qualifications and experience to provide needed services to the City for the implementation of the project being funded by the award and wishes to provide those services in accordance with the terms of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, City and HEALTH DEPARTMENT do hereby mutually covenant and agree as follows: 1. Scope of Services. HEALTH DEPARTMENT agrees to perform the services outlined in the attached and incorporated Exhibit A. 2. Compliance with Cooperative Agreement. HEALTH DEPARTMENT agrees as follows: a. With the exception of those terms and conditions which can only be fulfilled by CITY, HEALTH DEPARTMENT shall be bound by the terms and conditions of the Cooperative Agreement between CITY and EPA, attached hereto as Exhibit E, as though specifically identified and obligated therein, and those terms and conditions shall 1 be incorporated herein by reference and be enforceable against HEALTH DEPARTMENT as though formally stated here. By way of illustration and not limitation, such terms and conditions shall include those found at the following paragraphs of the Cooperative Agreement, e.g. Administrative Conditions ¶¶ 1.1.13.2, 21c., 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18 and Programmatic Conditions%% 1, 2, 3, 8, 9, 11, 12, 13. b. At the request of and in the manner directed by CITY, HEALTH DEPARTMENT shall do and/or provide whatever is needed from HEALTH DEPARTMENT, consistent with the terms of this agreement, to maintain CITY's compliance with both CITY's substantive obligations and its reporting and accounting obligations under the Cooperative Agreement between CITY and EPA. 3 Term. HEALTH DEPARTMENT agrees to perform the services according to the time frame described in Exhibit B, subject to prior termination pursuant to the terms of this Agreement. 4. Compensation. CITY agrees to compensate HEALTH DEPARTMENT on the basis of the actual reimbursable expenses shown on HEALTH DEPARTMENT's budget attached and incorporated as Exhibit C, in amounts-not to exceed the budgetary summaries, annual budgets and summary list of tasks attached and incorporated here. 5. Modification of Award. In the event CITY is subject to a formal reduction in award funding by EPA, CITY reserves the right to alter or adjust the payment amounts or terms of this Agreement to meet the funding reductions by sending a written notice of such alterations or adjustments to HEALTH DEPARTMENT 15 days before such alterations or adjustments become effective. If, as a result of the reduced funding HEALTH DEPARTMENT believes there is a need to modify other terms or conditions of this Agreement, CITY, will, in' good faith, negotiate regarding the terms of the Agreement. 6. Invoices. HEALTH DEPARTMENT agrees to submit to the CITY detailed invoices at least monthly for work performed and reimbursable expenses actually incurred. The invoices shall identify the personnel performing the work, the date of the work, the work performed and the effort expended. Charges for subcontracted work will be supported with similar documentation. Charges for reimbursable expenses will specifically identify the type and amount of each expense in a manner consistent with the classifications of reimbursable expenses set forth in Exhibit C. 7. Payment. Invoices will be due and payable within 45 days of receipt by the CITY. If the CITY disputes any items in HEALTH DEPARTMENT's invoice for any reason, the CITY may temporarily delete the disputed item and pay the remaining amount of the invoice. The CITY will promptly notify HEALTH DEPARTMENT and request clarification and/or correction. Following resolution of any dispute, HEALTH DEPARTMENT will include the disputed item as resolved on a subsequent invoice. HEALTH DEPARTMENT retains the right to assess the CITY interest at the rate of up to one percent (1%) per month on undisputed invoices which are not paid within 45 days of receipt by the CITY. 2 8. Nonperformance. If either party fails to comply with any term of this Agreement within 10 business days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement. In such case, the non-defaulting party may pursue against the defaulting party such remedies as provided by law or in equity, including without limitation, the right to specifically enforce this Agreement. In addition, the non-defaulting party may seek to recover its costs and reasonable attorneys' fees incurred in any action related to such breach. In the event of such termination upon the default of HEALTH DEPARTMENT, HEALTH DEPARTMENT shall not be entitled to further compensation from the CITY for work performed or costs sustained following the date of termination. 9. Termination. Either party may terminate this Agreement, with or without cause, upon 30 days advance written notice to the other party. In the event of such termination, HEALTH DEPARTMENT shall be compensated for such services as have been performed through the date of termination. 10. Relationship. It is expressly understood that HEALTH DEPARTMENT in performing services under this Agreement, does so as an independent subgrantee. The City shall neither have nor exercise any control or direction over the methods by which HEALTH DEPARTMENT performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. HEALTH DEPARTMENT shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms, or returns,pertinent to the foregoing. 11. Iniury to Persons or Damage to Property. HEALTH DEPARTMENT acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 12. Indemnification. Each party, to the extent allowed and up to the limits of liability incurred under applicable law, agrees to assume responsibility for and indemnify the other party for all claims, expenses, demands, judgments and causes of action for personal injury or death or damage to property the other party incurs where, and to the extent that, such claims, expenses, demand, judgment or causes of action arise from the party's negligent acts. 13. Insurance Requirements. HEALTH DEPARTMENT shall maintain the following insurance coverage without interruption from the date of the commencement of this agreement until date of final payment and termination of any coverage required to be maintained after final payment. 3 Commercial General Liability Insurance HEALTH DEPARTMENT shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of HEALTH DEPARTMENT and any and all of its agents or independent contractors which are employed or retained by HEALTH DEPARTMENT on an occurrence basis. In lieu of the above coverage, HEALTH DEPARTMENT may provide coverage for its own organization in the above amount or an additional amount and submit proof all its agents and independent contractors have insurance- deemed adequate by the City of Salina. Automobile Liability HEALTH DEPARTMENT shall provide coverage protecting HEALTH DEPARTMENT against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned- vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. Worker's Compensation Before beginning any work, HEALTH DEPARTMENT shall furnish to the City satisfactory proof that it has taken out, for the period covered by the work under this contract, full workers' compensation coverage as required by state law for all persons whom it may employ directly, or through subcontractors, in carrying out the work contemplated under this contract, and shall hold the City free and harmless for all personal injuries of all persons whom the HEALTH DEPARTMENT may employ directly or through subcontractors. Certificate(s) of Insurance Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time this Agreement is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the City and acknowledged. 14. Equal Opportunity. In conformity with applicable laws and regulations, HEALTH DEPARTMENT and its subgrantees, if any, shall: a. In observance of applicable state and federal laws, not discriminate against any person in the performance of work under this Agreement; b. Include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase as directed by the State of Kansas; and C. Not discriminate against any employee or applicant for employment in the performance of this Agreement; and d. Include similar provisions in any subcontract under this Agreement. 15. Affirmative Action. HEALTH DEPARTMENT agrees to abide by all applicable institutional, state and federal laws, regulations, and policies relating to affirmative action and affirmative action plans. 4 16. Compliance with Applicable Law. HEALTH DEPARTMENT shall comply with all applicable federal, state, and local law in the performance of its duties under this Agreement. 17. Non-assignable. Due to the unique qualifications and circumstances of the parties, neither the rights nor the responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 18. Feminine-Masculine, Singular-Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. 19. Kansas Law Applies. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 20. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable, invalid, or illegal. 21. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that time period shall extend to 5:00 p.m. of the next full business day. 22. Persons Bound-Copies. This Agreement shall extend to and bind the successors and assigns of the parties hereto, and may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 23. Notices. All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and retum-receipt requested. Notice shall be considered given when received on date appearing on the return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: Martha Tasker Director of Utilities City of Salina, Kansas 300 West Ash Street—P.O. Box 736 Salina, KS 67402-0736 HEALTH DEPARTMENT: Yvonne Gibbons Executive Director 125 W. Elm Salina, Kansas 67401 5 1 j a 24. Compliance with Collateral Directives. To the extent necessitated by the terms of the Cooperative Agreement, HEALTH DEPARTMENT shall comply with all subsequent written requirements, instructions, guidelines, notices, policies or directives provided by CITY and acknowledged and signed by both parties as a modification to the terms of this Agreement as if the requirement, instruction, guideline, notice, policy or directive were incorporated herein as a part of this subaward agreement at the time this document was signed by the parties. 25. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions, If same have been approved by the authorized representatives of each of the parties. . 28. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Contract, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. 27. attachments: The following Exhibits and other documents are attached to and made a part of this Agreement: a. Exhibit : Scope of Services. b. Exhibit B: Schedule. C. Exhib' : Estimate of Costs. d. Exhibit D: Project Summary.. e. Exhibit E: Cooperative Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be. executed by their respective proper officials. Executed by HEALTH DEPT. this day of <=h -Av 20 Executed by the CITY this day of F—e-bi2LC 20 I C), CITY OF SALI , KANSA ("CITY') SALINA-SALINE CO. HEALTH DEPT. By: By: Samantha P. AnAll, Mayor tonne Gibbon Exec. Director 6 ATTEST: c . By: Lieu Ann Elsey, City I rk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: (K4Y(a ne Title: 7 Salina-Saline County Health Department Scope of Services/Statement of Work Health Department Contact: Shawn Esterl, Environmental Sanitarian sesterl(d�sschd.org 785-826-6604 Salina-Saline County Health Department 125 W Elm Salina, KS 67401 The Salina-Saline County Health Department Environmental Health staff will lead efforts to implement the"Healthy Home"concepts as defined by Center for Disease Control (CDC), the US Environmental Protection Agency(EPA), and Housing and Urban Development (HUD). These concepts include education, training, home evaluations, and lifestyle and behavioral changes. Health department personnel will conduct an abbreviated training to agencies that often have home visitation components to at-risk, families with children. Healthy Home evaluations will be conducted by certified healthy homes professionals from the Salina-Saline County Health Department based upon the National Center for Healthy Housing criteria. Health department professionals will create a detailed plan of action for residents to effect a positive change. Follow-up meetings or calls will occur to determine the plan's effectiveness. Salina-Saline County Health Department will also participate in radon measurement and mitigation efforts. Staff will take radon measurement and mitigation training. Health department personnel will select homes to be used for the training. Salina-Saline County Health Department will develop a protocol to determine how homes will be prioritized for selection. Salina-Saline County Health Department will follow up with trainees and home owners to determine degree of identified"success goals." Goals and desired outputs and outcomes are detailed in Exhibit D: Project Summary. The Health Department will collect radon concentration data and add results to an existing data base. Estimated Cost: $201,357 Project Period: October 2011 —September 2013 Salina CARE Level II Project Schedule— Health Department Total project period: October 1, 2011 —September 30, 2013 Activity 1 —Implementing Healthy Homes Concepts and Actions (Oct 11 —Sep 13) 1. The Salina-Saline County Health Department will do the following: a. Identify high risk homes (Jan 12-Jun13) in Salina and conduct Healthy Homes evaluations (Mayl2-Jul 13). Develop a plan of action to assist a resident in correcting or improving the areas of risk. b. Assemble Healthy Homes kits to be provided durinj Healthy Homes evaluations. (Apr 12-Jul 13) c. Conduct education and outreach events regarding the dangers of having elevated levels of radon in homes. (Dec 11-Jul 13) 2. Training and on radon measurement and mitigation will be offered. Mitigation systems will be installed. (Jan 12-May12 and Jan13-May13) 3. Perform a follow-up study to measure radon concentrations after remediation systems have been operating. (Nov 12-Sep 13) 1 EPA CARE- Health Dept 10/01/11 -09/30113 Health Dept Year 1 Year 2 Total 1. Salaries and Wages a. Healthy homes specialist 25,000 25,000 50,000 b. Admin 5,833 5,833 11,666 Total Salaries 30,833 30,833 61,666 2. Fringe Benefits a. 31.74%of 1.a. 9,786 9,786 19,572 Subtotal Salary Wages and Benefits 40,619 40,619 81,238 3. Travel(in town, Nat'l wkshp, R7 EPA) 1,325 1,588 2,913 4. Equipment(if>$5000) 0 0 0 5. Supplies 14,001 7,500 . 21,501 .6. Other 40,800 36,600 77,400 7. Contractual Costs(training) 0 0 0 8.Total Direct Cost 96,745 86,307 183,052 9. Indirect Costs 10.00% 9,674 8,631 18,305 10. Total Cost 106,419 94,938 201,357 ---------------------------------------------------------------------------------------- Healthy Homes supplies buckets-50*$150/bucket 7,500 7,500 moisture sensor 500 radon measurement Instrument 1,500 VOC detectors x 2 3,000 mist machines x2 1,000 educational brochures- 501 total 14,001 7,500 Travel mileage-50* 10 miles ea*.50/mile 125 125 to Nat'l CARE workshop 1,200 1,463 1,325 1,588 7.Training New construction training 1,000 1,000 DIY training 500 500 Week-long training Measurement& Mitigation 13,200 13,200 Room rental($150/day x 6 days) 900 900 Supplies($500/home x 24 homes) 12,000 12,000 Pre-measurement for radon 3,000 3,000 Post-measurement for radon 3,000 3,000 Supervision of student installation& consultation for DlYers 7,200 3,000 40,800 36,600 Exhibit D:Project Summary/Workplan October 26, 2011, revised January 5, 2012 Proiect Title: Environmental Sustainability for the Salina Community Proiect Description: This CARE Level II project will allow Salina to provide solutions to some of its environmental health concerns, as identified and prioritized by the CARE Level I process. The funding will be used in Salina, KS for: 1. Offering training in radon measurement and reduction. 2. Implementing the"Healthy Home" concepts as defined by CDC, EPA and HUD (e.g. training, home evaluations, education, lifestyle and behavioral changes, educating on the use of green products). 3. Conducting projects to help conserve water and minimize pollutants in storm water runoff(e.g. training, education, outreach events, testing, demonstration projects, youth proj ects). 4. Working with and/or building the capacity of Salina residents, organizations, and youth groups for long-term health and environmental change. 5. Building local capacity for other priority environmental health issues (e.g. surface water protection, limited water supply, household hazardous waste, pharmaceutical disposal, residential compostable waste, and local organic food sources.) These are additional prioritized issues identified in Level I for which solutions will be implemented in Level II to achieve multi-media improvements and risk reductions in Salina and specifically in underserved areas. Proiect goals and performance plan: Activity 1 —Implementing Healthy Homes Concepts and Actions 1. The Health Department partners will identify high risk homes in Salina by the following methods (Oct 11-Sep 13) a. Develop a radon database that will combine existing and new data(i.e. sync KDHE submitted data to Salina's database and add the CARE L1 Youth project data). We will follow up with students who did not submit results of the tests conducted at their home. b. Work in partnership with the Salina Board of Realtors to raise awareness and educate them on radon regulations in regard to real estate transactions. Attempt to garner additional radon data from realtors as possible to add to radon database. We hope to reach at least 10 realtors. c. Seek referrals for Healthy Home evaluations from the following local services: Pediatricians and other medical professionals. The Kansas Department of Health and Environment could also make referrals. We hope to reach at least 10 medical professionals. 1 d. Deliver outreach training(s) (2 per year) to educate medical professionals on Healthy Homes concepts; work with them to deliver additional lead testing. Hope to reach the same 10 professionals as in(c). e. Work with same medical professionals to identify severe and chronic asthmatic children and children with lead levels equal to or greater than 5 micrograms per deciliter, and make referrals to them to receive Healthy Homes evaluations. 2. Conduct an abbreviated training to agencies that often have home visitation'components to at-risk, targeted families with children(e.g., Social Rehabilitation Services, Salina Housing Authority, Health Department programs such as Heartland Early Childhood Program, child care providers/inspectors, maternal and infant home visitors,plus City of Salina entities including, Human Relations,Neighborhood Services, and Building Services). 3. Conduct Healthy Homes evaluations (May12-Jul13) Barbara Johnson, K-State Pollution Prevention(PPI)will write the QAPP needed for this subactivity after agreements and subagreements are approved. Healthy Home Evaluations will be conducted by health department professionals based upon the National Center for Healthy Housing. An example Healthy Homes evaluation(visual survey report) is included in the Appendix. Evaluations may include the following: a. a questionnaire asking about the age of the home, presence of pets, tobacco smoke, style of cleaning, previous testing for lead, asbestos, radon, etc., sleep environment, and if the home has been recently remodeled, b. a visual inspection by certified staff including looking at each room of the house for deteriorated paint, presence of pests, structural problems (holes, rot, etc),mold and mildew, water damage, heating and ventilation components, and outside at the exterior(holes, pests openings,paint chipping) and yard (safety hazards), and c. development of a plan of action to assist the resident in correcting or improving the areas of risk. d. Assemble Healthy Homes kits to be provided.during Healthy Homes evaluations (Apr 12- Ju113). Items such as radon test kits (if needed), smoke detectors, CO detectors, and childproof safety equipment will be purchased. Environmental- friendly cleaning products will be included. Either they will be made using formulas previously developed by other CARE awardees or they might be purchased. Low-income Salina residents will be hired to assemble these kits. Kansas Healthy Homes and Lead Hazard Prevention Program may be consulted to determine what additional items to include in kits. We will assemble 50 homes each year. [Added after work plan approved: May tailor kits based on evaluation results.] e. These workers will be selected through ongoing networks (e.g.,North Salina Community Development, the Volunteer Connection, and/or others.)PPI will deliver up to three presentations to help with promoting the Healthy Homes project. PPI will record one presentation to be shown at least two times on the local access television station. It is hoped at least 5000 Salinans are reached. f. Stipends may be used to compensate workers, and inform and train them regarding Healthy Homes concepts (e.g., green products, household cleaning). 2 g. Health department professionals will create a detailed plan of action for residents to effect a positive change. After at least six months, a follow-up meeting/call will occur to determine the plan's effectiveness (e.g. continued use of green products, any additional asthma attacks, reduced blood lead levels). (Sep 12-Jul13) 4. Conduct education and outreach (2 events per year)regarding the dangers of having elevated levels of radon in homes (Dec 11-Jul 13). Education/outreach may be done through various methods including the following: a. Salina citizens—Salina Journal investigative articles (promote measurement and mitigation training), Spanish newspaper, local radio stations, local television stations North Salina Community Development(NSCD) group meeting, and day camps for children and young adults. PPI will request local newspapers publish articles on radon(at least one per year). PPI and/or the Health Department will present to the NSCD group (at least once per year). It is hoped 5000 Salinans are reached. b. Building code officials, city council—Conduct presentation or abbreviated training on radon-resistant new home construction. PPI will arrange for meeting with building code officials/city council. PPI will provide a trainer. It is hoped 6 persons are reached. c. Schedule—heavy education and outreach campaign from Oct—Jul 2013. PPI will request local newspapers to feature radon in one long or a series of articles, promoting training classes. Day camp for children will be offered summer 2012 and depending on interest, also offered summer 2013. PPI will coordinate day camp (recruit teachers and students, reserve location, take registrations, etc.). Hope to reach 5000 citizens and hope to have 25 children at day camp. 5. Conduct training and open training up to the public to become certified on radon measurement and mitigation (Janl2-Mayl2 and Jan 13-Mayl3). The CARE Level I project identified radon as a priority issue in Salina(ranked 4th). Research in CARE Level I found 60%of homes in Salina have levels of radon above EPA's action level. Starting on July 1, 2011 all radon testing and mitigation companies working in the state must be certified by the Kansas Department of Health and Environment (KDHE) Kansas Radon Program(www.kdheks.gov/radiation/radon.htm). Certification is obtained by: a. Taking an approved training course and passing the course examination. b. Applying to KDHE to receive Kansas certification for radon measurement technician and/or radon mitigation technician. The following KDHE training performed for this grant will require and include the following details: • The training offered will include a combined,week-long, radon measurement and mitigation training and field practicum. • The Kansas Radon Program will partner with the Salina Area Technical College (SATC) to offer the week-long course during winter break. PPI will secure the location and date. 3 • Students will be recruited from the SATC heating, ventilation, and air-conditioning (HVAC) and construction departments (PPI will make a presentation at SATC—hope to reach 10 students); and from the general public. PPI will promote the class through the local newspaper, the City of Salina's building code department, and the local contractor's list serve. Hope to reach 30 contractors. • There will be up to 25 slots available; students from the technical college will be given priority for these available slots. Any leftover slots will be made available as a first come first serve to the public (e.g. contractors,realtors, households). • The CARE grant will pay for any student's registration fees ($550). • As a deterrent to "skipping a register-for-free class" a registration fee of$100 will be charged to each student and will be refunded to the student upon passing the course tests and completing the required field work. • This training course will be taught by Bruce Snead, Engineering Extension at Kansas State University and Jack Hughes, Southern Regional Radon Training Center. Engineering Extension operates the Kansas Radon Program. o To ensure students understand and can apply these newly-acquired skills effectively, the certificate program also has a mandatory field training component. The field training is required in this particular instance in order to get the certificate. o Each student will be required to participate in the installation of two mitigation systems under the direct supervision of a radon certified mitigation technician. A pair of students will work together under supervision. o Each student that successfully completes the required field training will be refunded his or her$100 registration fee. • CARE grant funding will purchase the supplies for the supervised field training. The cost range or each system is $350 to $600, with sales tax. Supplies and costs are presented as follows: o Fan, depending on soil conditions–$150-$250, includes shipping o Pipe–$100 is typical for pipe and fittings o Couplings and indicators–$40 to $50 o Caulk and sealing–$30 to $100 (crawl space more costly) o Membrane for crawl space–$200 to $250 (if required) 6. "Do-it-yourselfers"workshops- Team up with local hardware store to offer at least 2 abbreviated trainings supplemented with a manual and video. PPI will work with the Health Department to develop one manual and one video. Will make available the list of KS certified contractors (for consultation). Will work with partners to possibly offer reduced cost on mitigation supplies for those attending. Hope to reach at least 10 homeowners with this outreach. 7. Select as many residents as possible to participate in the Radon Certification Training Program by allowing the hands-on field training in their home where students will learn first- 4 hand how.to install a radon mitigation system. (Dec 11-Sep 13). The methodology for selecting homes will be detailed in the QAPP that will be written by PPI after agreements and subagreements are approved. In general, homes selected for use during training will be based on severity of the radon concentration found in the home and the homeowner's ability to pay. Details are as follows and specific methods will be included in the QAPP. a. The EPA recommended maximum level for radon indoors is 4 picocuries per liter of air(pCi/L). They further recommend remediation in homes that have a level of 2 pCi/L. Obviously, the greater the concentration of radon, the more likely a home will be selected. b. In determining homeowner's ability to pay, data sets posted by Housing and Urban Development will be used as guides for selecting the most needy. Homeowners might be asked to complete a simple application and provide income information such as from pay stubs or last year's income tax return. We will consult organizations such as Habitat for Humanity or those that provide weatherization assistance to low- income homes to get ideas as to how to best conduct the selection process. c. CARE Level I Partners who worked on the Healthy Homes-related issue papers during the Level I project will be asked to serve on a selection committee and help develop selection criteria. PPI will ask Level I Healthy Homes partners to participate. Hope to recruit 4 persons. 8. Workshop follow-up study to measure radon concentrations after remediation systems have been operating (Nov 12-Sepl3). a. As of July 1, 2011, radon measurement must be done by a certified contractor. A third-party certified contractor(one who did not install the mitigation system)will conduct measurements several months after installation. As a workshop follow-up study, systems installed as part of training will be monitored and measured for radon concentrations to ensure effectiveness. This will serve as a check that those educated understood and followed the training and practical applications accurately. b: It is a follow-up study and as stated in this manner, it is in alignment with funding requirements. c. We will also consider having the Health Department(subgrantee)purchase the required measurement equipment for loan to newly certified students/measurement operators to use. The QAPP that will be written by PPI after,agreements and subagreements are approved will provide details on what this measurement evaluation process will entail'based on recommendations from staff from the Kansas Radon Program. 9. Purchase the following equipment to be used in Healthy Homes visits: a. 50 buckets per year—holds supplies to be given to residents b. 1 moisture sensor detects moisture c. 1 radon measurement instrument—measures radon d. 2 VOC detectors—detects volatile organic carbons in indoor air e. 2 mist machines 5 Activity 1 —Outputs: Number of radon kits that successfully collected data(100/yr), number of homes assessed(50/yr), number of operators certified for radon measurement and mitigation (10/yr), number of certified operators using certification skills throughout Salina and KS (5), number of low-income homes prioritized for solutions implementation(20/yr),number of meetings with potential Healthy Home partners (2/yr), number of follow-up visits (5/yr), number of homes mitigated through training (30/yr), and number_of children tested for lead(5% increase). Outcomes: radon results data base is representative of the entire city; reduced radon concentrations in homes at risk after radon remediation systems are installed through a training program(30/yr); 5% increase in number of children under age six tested for blood lead levels; reduced health risks (asthma attacks avoided)to occupants after implementing low-cost solutions recommended by Healthy Homes assessors, 30% changed behavior in use of cleaning chemicals. Activity 2 —Surface Water Protection and Limited Water Supply The goal is to eliminate trash and typical urban contaminants from entering stormdrains and to prevent stormwater from leaving resident's property. The objective will be for youth and citizens to understand where rainwater flows and to communicate to the community to keep pollutants out of stormdrains. Another objective is for residents to collect rainwater and use it to water their plants and yards to conserve water resources. 1. Sponsor one to two education and storm drain inlet stenciling events in Salina specifically in underserved areas and engage youth groups and local residents.(summer 2012 and summer 2013). The education during the events includes distributing door hangars with tips on keeping trash out of storm drains and handing out to passers-byers, the EPA brochures titled, "After the Storm."A detailed procedure is included in the Appendix. 2. Originally,we proposed to conduct a summer workshop for formal and non-formal educators taught by the Kansas Association for Conservation and Environmental Education(KACEE) addressing water quality and water conservation(summer 2012). However, KACEE received other funding from EPA for green education projects and will be providing a workshop for local educators in September 2011. The KACEE project will focus on green schools, and will create curriculum for teachers about water,water conservation, and water quality. As a result, we will not offer a summer workshop addressing water quality and water conservation as originally proposed. 3. However, that training will be replaced with an alternative activity that will provide training in permaculture for people coming from underserved areas in Salina(particularly in the area of North Salina, which is essentially a food desert, with no easily-accessible grocery store). Permaculture isn't just gardening--it is a set of principles and methods for designing sustainable communities and areas through ecology and.design. These methods are empowering for all people, but especially for people in communities where access to fresh healthy foods and other services is limited. a. The permaculture students will learn how to grow large volumes of their own food using sustainable, ecologically healthy practices,and how to capture and store water on their own properties. 6 b. Permaculture designer, Susan Coykendall, will attend a seven-day training to receive instruction on teaching permaculture. She will bring this knowledge back to Salina, where she will host an Essentials of Permaculture workshop in March 2012. c. Initially, five adult individuals would be chosen by application process to receive free tuition for the Essentials of Permaculture workshop. Students of the course will learn: • the foundations of permaculture • water storage systems,rain gardens,berms, and swales • recycling of grey water • planting gardens to maximize space • growing gardens in urban spaces • how to reduce energy use and producing their own energy • basic principles of permaculture design d. In exchange for the tuition scholarship, workshop "students"will agree to spend five days working on one another's lawns—one lawn per day will be transformed into a food- producing landscape. Each student must agree to bring 4 others to the lawn transformations to work for the day. In this way, 25 people will be working on one lawn to finish planned projects in one day, with the intended effect to be additional interest in permaculture, and an increase in positively affected lawnsa"permaculture blitz" beyond the original five. Volunteers can earn credit for working on others' lawns, to be used toward work on their own lawns. The ultimate goal would be to.transform at least 25 lawns by Sep 2013. • e. Success for this project would be measured by the number of lawns transformed from turf to food, and the pounds of food produced in them. As people learn to capture and use water on their own properties, less water would be sent to storm drains. 4. A detailed water conservation project for underserved and local residents will be determined and may include one or more of theL following: (e.g. rain barrels, outreach re: plumbing/leak maintenance ). a. Rain barrel construction and installation–The concept of saving rainwater in barrels (and cisterns) is not new. Historically, homes in Salina had buried cisterns. Rain barrels and cisterns are a recommended part of LEED (Leadership in Energy and Environmental Design) standards. Use of rain barrels for watering plants will conserve treated municipal water and water from the local depleting aquifer. If a significant number of barrels are. used in an area, they can aid in controlling runoff during heavy rain events. It is intended to engage CARE partners to assemble barrels, inviting local residents to help. Where needed, CARE partners will help install rain barrels (Janl2-Jull2 and Janl3-Jull3). The following will be used to measure the success of the project: i. Number of requests for rain barrels . ii. Number of rain barrels constructed iii. Number of rain barrels installed PPI will help with finding barrels, order rain barrel kits, recruit volunteers to assemble the barrels, and find recipients. b. Conduct outreach to find plumbing leaks and promote maintenance -An average of 8% of all home water use is wasted through leaks. Work with the faith community and civic/business organizations to provide maintenance service projects for the . 7 underprivileged. CARE Level I.partners who worked on water-related issue papers will be asked to reconvene and develop selection criteria and help with selecting homes that need maintenance to prevent water loss. Possibly conduct training in leak repairs that includes hands-on demonstration. Note the City of Salina building codes require certain plumbing activities be done by a licensed plumber. PPI will ask Level I water-related partners to participate. Hope to recruit 6 persons. Activity 2—Outputs: Number of materials developed for distribution (100/yr), number of youth leaders participating(2/yr), number of youth/homes/parents/volunteers reached (100/yr), number of storm drains stenciled(100/yr), number of rain barrels constructed and installed(250/yr), number of lawns transformed from turf to food(25 total), and the pounds of food produced in them (10 lbs each). Outcomes: reduction in amounts of trash in the river channel pre/post outreach after an appropriate amount of time, amount of rain barrel water diverted(theoretical calculation based on rainfall amounts), number residents practicing water conservation(500 total), a pre-post test of youth/parents/volunteers re: permaculture and lasting effects (behavior change) (25 total), number of community members that benefit from the food harvest (25), number of churches/businesses involved in maintenance repairs (5). Activity 3 —Waste Disposal' Waste issues identified in Level I included household hazardous waste and pharmaceutical waste disposal. To prevent disposal by flushing,pharmaceuticals are encouraged to be brought to the Sheriff s Office for proper disposal. To keep household hazardous waste (HHW) out of the landfill and pharmaceuticals out of the river receiving"treated"wastewater: 1. Salina residents will be educated on HHW and unused pharmaceutical disposal options as part of the Healthy Homes outreach(Jul l2-Jul13). a. Magnets with the HHW facility address and drop off hours and Sheriff's address and drug drop off hours will be included in the Healthy Homes "bucket" 2. CARE Level II will sponsor two "clean sweep" events to collect household hazardous waste and unwanted pharmaceuticals (Apr or Sep12 and Apr or Sepl3). CARE Level I partners, civic organizations, businesses and churches who expressed an interest in HHW will convene and help with details of the"clean sweep"events. a. Events will be promoted and advertised by PPI by at least three separate methods. b. Incentives may be used to encourage increased drop-offs by residents. Possibly a coupon could be included in the Healthy Homes"bucket" and when redeemed at the HHW, it will be exchanged for a"green"product. c. Volunteers will be engaged to assist with promotion and possibly curbside pickup, if that is thought to be a more successful way to ensure proper disposal. Stipends for volunteers may be provided. Education to volunteers will be provided by PPI re: the need for clean sweeps and volunteers will then provide assistance during the curbside pickup. PPI and partners will recruit volunteers, hopefully about six. d. Part of the Healthy Homes education will be to rid the home of hazardous cleaning materials and other chemicals and to teach residents about healthier alternatives. Once household hazardous waste is replaced with these "greener"products, this will minimize indoor air risks in the home. 8 e. Household hazardous waste and unwanted pharmaceuticals dropped off during the "clean sweep"events will be weighed and compared to amounts typically dropped off as an indicator of success. Activity 3—Outputs: Number of healthy homes visited that relayed the waste disposal options (50/yr); number of HHW and`,`proper place for pharmacy waste"magnets distributed(50/yr); number of citizens who participate in clean-sweep days 50/yr). Pounds of waste retrieved/safely disposed(50 lbs/yr). Number of green products traded for HHW products (50/yr). Outcomes: citizens, as a lifestyle, will take household hazardous waste to the city facility(50); citizens, as a lifestyle, will dispose of pharmaceutical at the Sheriff's office. We hope to increase the percentage of citizens that know about and use this "drop-off"collection system by 5%per year. Activity 4—Local Organic Food Sources: Jan 2012—Sep 2013 The primary goal of this project is to: • Reduce human, groundwater, and surface water exposure to pesticides and herbicides. • A secondary goal is to reduce the carbon footprint of packaging and transporting foods from typical sources. Objectives include the following: o The objectives are to provide fresh, healthy food for students, their families and the community and to re-skill the youngest generation in growing and preserving food. o . Educate the community and youth on economics, healthy food, how to grow it, nutritional information, and why these are important. Planned Activities: 1. This project will plan to engage Salina community members, schools, staff, parents, and students. Salina students will build compost bins,raised garden beds, a rainwater collection system, and will compose"natural"benches near the sites. The purpose of this work will teach and.encourage a lifestyle where families eat healthy, locally-grown produce when possible. The organic garden will provide education and exercise. The benefits of such a project include the following: • Teaches science and biology principles • Teaches responsibility • Promotes team work • Provides hands-on learning • Teaches nutrition • Teaches the ability to garden without the use of chemicals • Teaches groundwater protection • Teaches water conservation • Builds civic organizations, schools, community and family networks 2. This project has the potential to reach many children who will grow up and realize there are alternative, organic means of gardening and caring for their gardens and lawns. 3. The USD 305 public school system will serve locally grown produce in its cafeteria. A measurement of success of this-project will be the amount of food harvested from the garden that is served in the school cafeteria. 9 4. Recently a group of about 20 people met who each have connections with a school or community garden. A listserve has been established where participants have been communicating and seeking and giving advice. It was observed that each successful garden in the Salina community has a champion. The garden highlighted in this work plan will be located at Lakewood Middle School in northern Salina which serves many underprivileged students. Its success will be due at first to the efforts of one of its science teachers. It is hoped that the student/parent volunteers will engage long-term on a garden project and will also participate on the community listserve after engagement in this proj ect. 5. This project will also teach students how to preserve food, a skill that may be needed in the near future as fossil fuels are depleted and less food can be imported. 6. Incentives to encourage participation may include the following: hold a contest for recipes that features one or more of a food grown in the garden; or create a cookbook. Social media tools will also be used to further engage the youth (e.g. local media, Twitter, Facebook, YouTube). Will consider hosting an event for other students to be taught by their trained peers regarding the lessons they learned (peer to peer training), with the hopes of sparking other children to act and eat locally. PPI will promote this project and will ask Level I organic gardening-related partners to participate. Hope to recruit 3 persons. Activity 4—Outputs: Number of students and community members participating(25/yr), types (10) and quantity of foods grown, quantity of food served in the cafeteria(25 lbs/yr), quantity of food preserved (14 quarts/yr). Outcomes: children will understand from where their food sources come and learn about the level of effort it takes to produce food. Students will understand how to preserve food from their gardens; the new food "plate"distribution(pyramid), and how to prepare a nutritious meal in their home (10 students/yr). Students will learn how to cook from recipes or cooking websites (10 students/yr). Long-term outcomes include students will practice proper nutrition,resulting in better health, and groundwater and surface water quality will be protected. Activity 5—Encourage long-term structure of volunteer base and ongoing work Salina is a large enough community that it hosts several groups that have the goal of reducing pollutants, waste, water usage and becoming more sustainable. The CARE partnership has been a collaboration of these groups. CARE Level I made citizens more aware of the local "experts" and resources available including city staff working with water quality and quantity issues, watershed specialists, the Salina-Saline County Health Department, the KDHE Healthy Homes program, the Pollution Prevention Institute,professors from the local universities, the Smoky Hill Audubon Society, Kansas Biological Survey, and The Resilience Group. Now when various partners initiate risk-reduction activities, they have a network of like-minded citizens that can help implement that activity. CARE partners, led by the Resilience Group, have met to plan a Green Fair for Earth Day 2012 to further promote collaboration and not duplication of sustainable efforts. They have also received permission to provide environmental-type activities in the children's section of Salina's annual and extremely popular Smoky Hill River Festival. 10 We propose this additional method of encouraging the long-term structure of the volunteer base by hosting this Green Fair annually. 1. Each partner and project participant(students, homeowners, teacher, etc.) will be invited to host times within or have a"booth" or display promoting its work toward a sustainable Salina. Partners attending this event will be reminded of each other's projects and collaboration opportunities. Others practicing sustainability will be invited to exhibit. The public will be invited and will see the various sustainable work happening in Salina, whether it be from an organization,business, or restaurant. 2. The Green Fair could be held on Earth Day 2012 or in conjunction with one of the Saturday Farmer's Market during the summer. 3. This could easily become an annual event. PPI will participate in planning meetings. PPI will recruit sustainable organizations to exhibit at the Green Fair. PPI will prepare promotional materials including table tents to three restaurants. Activity 5—Outputs: number of exhibitors (10/yr), number of attendees (50/yr), number of new participants (5/yr), number of people wanting to be added to the CARE email distribution list (5/yr), a list of the outputs gathered by the grantee of all exhibitors' work over the course of the grant to show how this network has succeeded (5 projects). Outcomes: partners do more collaborating and continue to increase their level of efforts toward sustainability. Subgrantee: Barb Johnson, K-State PPI(subgrantee),will assist the City with education and outreach efforts, co-hosting public meetings, finding funding sources, and maintaining the CARE Web site. She will serve as coordinator and organizer of the various projects in Activities 2-5, rather than be a project manager. Barb plans to spend 0.2 FTEs on CARE Level II. She will do the bulk of any writing required such as the QAPP, quarterly reports, etc.; however, administrative documents will be submitted by the City. Martha Tasker, City of Salina, will be the project manager, making sure projects are kept on schedule and deadlines are met. EPA will contact both Martha and Barb directly re: grant communications, copying both on all communications (e.g., emails). Specifically, Martha will be the contact person for administrative/grant agreement-type questions and Barb will be the contact for specific proposed activities. Martha and Barb will meet regularly by phone or in person to assure the success of this project. 11 APPENDIX 12 Appendix to Exhibit D: Project Summary Storm Drains Stenciling Step-by-step procedure 1. Students will learn about the water cycle in ways--watch a video, play a game where students act as drops of water, color a diagram, and make a water cycle in a bottle--and will verbalize to the teacher the steps of the water cycle. 2. Students will learn about water pollutants and how water is treated in a municipal system. Students will experiment with various materials that filter water and will compare groups' results for water clarity. (Project WET in the City activity). 3. Students go on a storm drain hike in our area,and discuss how the water going down the storm drain isn't treated, and goes directly to a body of water. Students will follow rain (if a rainy day)to outlets into a local lake and/or stream (Project WET in the City activity). 4. Students perform a one-day trash clean-up in the area around the lake and in the river. Students analyze the amount and types of trash collected: 5. Students will look at maps of the area provided by the city engineer,and learn where inlets are and where they drain to. 6. Students will practice painting inlets with the class prior to stenciling project. 7. Students will use city maps,a compass, and stenciling materials to locate and paint storm drains in the area (approximately 5-7 students per adult). While stenciling, students also hand out EPA booklets (After the Storm)to passers-by,and place door hangers on doors of homes in the area (with tips for keeping trash out of storm drains). Students also pick up trash on streets where working. 8. Students will discuss outcomes of stenciling project. 9. Students will go on rainy day hike after stencil project and check outlets into lake and river for additional trash and debris. Discuss. 13 RE-97730701-0 Page 1 ASSISTANCE ID NO. U.S. ENVIRONMENTAL PRG I DOC ID JAMENDO DATE OF AWARD PROTECTION AGENCY RE - 97730701 - 0 09/2212011 TYPE OF ACTION MAILING DATE New 1 09/29/2011 Cooperative Agreement PAYMENT METHOD: ACH# ACH I PEND RECIPIENT TYPE: Send Payment Request to: Municipal U.S.EPA Environmental Protection Agency-Las Vegas FC P.O.Box 98515,Las Vegas,NV 89193-8515 Contact: 702-798-2426;FAX 702-798.2423 RECIPIENT: PAYEE: City of Salina KS City of Salina,KS 300 West Ash 300 West Ash Salina,KS 67401-2335 Salina,KS 67401.2335 EIN: 48-6017228 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Martha Tasker Kathleen Fenton Jacob Nicholls 300 West Ash 901 North Fifth Street,RGAD/EXPR Grants Management Office,PLMG/RFMB/GRMS Salina,KS 67401-2335 Kansas City,KS 66101 E-Mail: Nicholls.Jaoob@epamall-apa.gov E-Mail: martha.tasker@salina.org E-Mail: Thomes.HatUe@epamail.epa.gov Phone:913-551-7393 Phone:785-309-5725 Phone:913-551-7874 PROJECT TITLE AND DESCRIPTION Environmental Sustainability for the Salina,Kansas Community This Community Action for a Renewed Environment(CARE)Level 11 project will allow the City of Salina to provide solutions to some of its environmental health concerns,as Identified and prioritized by the CARE Level I process.The funding will be used for offering training in radon measurement and reduction, implementing the"Healthy Home"concepts,conducting projects to help conserve water and minimize pollutants in storm water runoff,and building the capacity of Salina residents,organizations,and youth groups for long-term health and environmental change. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2011 - 09/30/2013 10/0112011 - 09/30/2013 $302,383.00 $302,383.00 NOTICE OF AWARD Based on your application dated 08126/2011,including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA),hereby awards$299,383. EPA agrees to cost-share 100,00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$299,383. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmatlon of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt,or any extension of time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1,Subchapter B,and all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Grants Management Office U.S.EPA,Region 7 901 North Fifth Street Office of the Regional Administrator Kansas City.KS 66101 901 North Fifth Street Kansas City,KS 66101 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official 09/2212011 Karen L.Sherrill,Grants Management Officer AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNE TYPED NAME AND TITLE DATE 04 Jason A e,Ci ty Manager EPA Funding Information RE-97730701 -0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $299,383 $299,383 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $299,383 $299,383 Assistance Program(CFDA) Statutory Authority Regulatory Audw ty 66.035-Community Action for a Renewed Clean Air Act:Sec.103(bx3) 40 CFR PART 31 Environment(CARE)Program Clean Water Act:Sec.104(bx3) FIFRA:Sea 20 Marine Prot.Research Sanct.:Sec.203 Solid Waste Disposal Act:Sec.8001 Toxic Substances Control Act:Sec.10 Fiscal Site Name Req No FY Approp. Budget PRC Object Sita/Project Cost Obligation I Code Organization Class Organization Deobligatlon 1107GI1076 1112 a 07GA 402C68EP9 4183 299, 299,3 RE-97730701-0 Page 3 Bu et Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $4,025 4.Equipment $0 S.Supplies $33,901 8.Contractual $3,000 7-Construction $0 8.Other $258,457 9.Total Direct Charges $299,383 10.Indirect Costs: % Base $0 11.Total(Share: Recipient . % Federal 100.00%.) $299,383 12.Total Approved Assistance Amount $299,383 13.Program Income $3,000 14.Total EPA Amount Awarded This Action $299,383 115.Total EPA Amount Awarded To Date $299,383 RE-97730701 -0 Page 4 Administrative Conditions 1. I. Central Contractor Registration and Universal Identifier Reguirements. A. Requirement for Central Contractor Registration(CCR). Unless you are exempted from this requirement under 2 CFR 25.110,you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment,whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS)numbers. If you are authorized to make subawards under this award,you: 1. Must notify potential subrecipients that no entity(see definition in paragraph C of this award term)may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions. For purposes of this award term: 1. Central Contractor Registration(CCR)means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site(currently at http://www.cer.gov). 2. Data Universal Numbering System (DUNS)number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711)or the Internet(currently at hftp://fedgov.dnb.com/webform). 3. Entity,as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization,which is a State, local government, or Indian tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization;and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to cant'out the project or program (for further explanation, see Sec.-7.21 0 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. 2. I. Reporting SuWwards and Executive Compensation a. Reporting of first-tier subawards. 1.Applicability. Unless you are exempt as provided in paragraph d. of this award term,you must report each action that obligates$25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph a of this award term). 2.Where and when to report. i. You must report each obligating action described in paragraph a.1.of this award term to www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no'later than December 31, 2010.) 3. What to report. You must report the information_about each obligating action that the submission instructions posted at www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A)80 percent or more of your annual-gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and (8)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2.Where and when to report.You must report executive total compensation described in paragraph b.1.of this award term: 1. As part of your registration profile at www.=.gov. ii. By the end of the month following the month in which this award is made,and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term,for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipients five most highly compensated executives for the subrecipient's preceding completed fiscal year, if I. the total Federal funding authorized to date under this award is $25,000 or more; ii.` in the preceding fiscal year,you received— (A)80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and (B)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards);and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2.Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: I. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year,you had gross income,from all sources, under $300,000, you are exempt from the requirements to report: I. subawards, and ii. the total compensation of the five most highly compensated executives of any subrecipient. e.Definitions. For purposes of this award term: 1. En i means all of the following, as defined in 2 CFR part 25: I. A Governmental organization,which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. S ward: i. This tens means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec.--.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4.Subreci6ient means an entity that: i. Receives a subaward from you (the recipient)under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus . ii.Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004)(FAS 123R),Shared Based Payments. iii. Earnings for services under non-equity incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v.Above-market earnings on deferred compensation which is not tax-qualified . vi.Other compensation, if the aggregate value of all such other compensation (e.g.severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. 3. In order to comply with the Debt Collection Improvement Act of 1996, the Recipient agrees to complete and return the Payment Information Form ACH Vendor Payment System, (TFS Form 3881)received from the EPA Las Vegas Finance Center,to P.O. Box 98515, Las Vegas, Nevada 89193-8515. Fax:702-798-2423, Questions may be directed to telephone: 702-798-2411. 4. Recipient agrees to submit the Federal Financial Report(FFR)form SF-425 to EPA no .later than ninety(90)days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 10o. A blank FFR is available for completion on the Las Vegas Finance Centers(LVFC)website: ht tp://www.epa.gov/ocfofnserviess/forms.htm The Final FFR form SF-425 must be submitted to: U.S. EPA-Las Vegas FC,P.O. Box 9851 5, Las Vegas, NV 89193-8515. 5. Recipient agrees to submit, at a minimum, a quarterly billing(payment)request(s)to the EPA, for all eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program.A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 6. The Recipient agrees that none of the funds provided under this agreement may be used for subawards/subgrants or contracts to the Association of Community Organizations for Reform Now(ACORN)or any of its subsidiaries. Congress has prohibited the EPA from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 7. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement,except to the extent authorized as a direct cost of carrying out the scope of work. 8. Recipient agrees that food costs are authorized under this agreement for authorized work plan activities involving conferences,workshops or technical meetings as long as the costs are allocable, necessary and reasonable. Recipient agrees that food shall not be provided for routine meetings but only where the nature, length, and timing dictate that providing food will benefit the outcome(s)of the meetings by ensuring increased participation of members of the public, volunteers and/or residents in the project area. Recipient agrees that the budgeted amounts for food costs under this agreement may not be exceeded without formal EPA Award Official approval. Recipient agrees to maintain records demonstrating compliance with this provision, and to provide these records upon request. Recipient agrees that failure to comply with these requirements may result in the food costs being disallowed for federal participation and a subsequent repayment of these costs back to the Agency. Grant funds may not be used to provide alcoholic beverages or entertainment. 9. Recipient agrees stipends are tentatively approved pending submission of a stipend agreement and payment plan. No costs may be expended or requested for stipend reimbursement until the EPA Award Official notifies the Recipient that the stipend agreement and payment plan has been approved. Stipend costs must not exceed the requested amount without prior authorization. Stipend recipients may only be paid in accordance with the stipend agreement payment plan. Stipends may only be used to support approved costs accrued by individuals not employed by the grantee. Further, the stipend payment plan must link all payments to specific actions included in the work plan and stipend agreement by the stipend recipients. At a minimum, the stipend agreement and payment plan need to include: a) the stipend recipients; b) the purpose of the stipend; c) the relationship of the stipend to the project work plan; d) the payment calculations, schedules, and methods;and e) the specific activities that must be completed to receive the stipend. All stipend agreements and payment plans must be submitted to the EPA Grant Specialist listed on the first page of your assistance award. 10. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular(A-21 or A-122),which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 11. Recipient agrees to comply with the Anti-Lobbying Act,Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding$100,000,at any tier under a federal grant shall comply with the Anti-Lobbying Act, Section 319 of Public Law 101-121, and file an Anti-Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 12. Recipient agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532,entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.ealsmov. 13. The recipient agrees to an ongoing, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Tide 40 CFR 36.200- 36.230. Additionally, in accordance with these regulations,the recipient must identify all known workplaces under its federal awards,and keep this information on file during the performance of the award. Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. Details concerning violation of this condition may be found under Title 40 CFR 36.510. 14. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 15. The Recipient agrees if$500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided in OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF-SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF-SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/ 18. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award,without penalty, if a sub-recipient that is a private entity: (1)is determined to have violated an applicable prohibition in the Prohibition Statement below; or(2)has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a)associated with performance under this award; or(b)imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension(Non-procurement),"as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term:(1)implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), as amended(22 U.S.C. 7104(g)), and(2)is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below' in any subaward you make to a private entity. Prohibition Statement- You as the recipient,your employees, sub-recipients under this award,and sub-recipients'employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect;or use forced labor in the performance of the award or sub-awards under the award. 17. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act(RCRA)(42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 18. The Environmental Protection Agency(EPA)participation in the salary rate(excluding overhead and travel)paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2011, the limit is$596.00 per day and $74.50 per hour.The rate does not include overhead or travel costs and the recipient may pay these in accordance with its normal travel practices. . Sub-agreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction,and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(jX2)or 30.27(b), as applicable. 19. GENERAL COMPLIANCE,40 CFR, Part 33-The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D-A recipient must negotiate with the appropriate EPA award official, or his/her designee,fair share objectives for MBE and WBE(MBEIWBE)participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient-The dollar amount of this assistance agreement is$250,000, or more;or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated.with EPA by the Kansas Department of Health and Environment(KDHE) as follows: Kansas MBE WBE Supplies 0.8% 4.1% Equipment 1.2% 3.9% Services 5.6% 35% Construction 4.1% 6.9% By signing this financial assistance agreement,the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as KDHE. Negotiating Fair Share Objectives/Goals,40 CFR,Section 33.404-The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity study,to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS,40 CFR, Part 33,Subpart C-Pursuant to 40 CFR, Section 33.301,the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a)Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b)Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes,whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal dosing date. (c)Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d)Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e)Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. _(f)If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs(a)through(e)of this section. MBEIW13E REPORTING,40 CFR, Part 33, Sections 33.502 and 33.503-The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements"beginning with the Federal fiscal year reporting period the.recipient receives the award, and continuing until the project is completed. Only procurements with certified MBEJWBEs are counted toward a recipient's MBEWVBE accomplishments. The reports must be submitted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the and of the semiannual reporting periods(April 30 and October 30). Reports should be sent to A_TTN: Grant Assistant. Final MBEIWBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.aov/osbp . CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302-The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b)and(c)-Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b)and(c)for specific requirements and exemptions. Proarammatic Conditions 1. Recipient agrees no federal funds may be expended or requested for reimbursement for data collection or environmental sampling activities prior to submittal,and approval,of the Quality Assurance Project Plan to/by the EPA Project Officer. If the plan is in need of a QAPP, every workplan must be reviewed by the Region that oversees the project for the need of a Quality Assurance Plan prior to any work starting. The QAPP must be approved prior to any work,commencing. 2. The EPA will be substantially involved in overseeing and monitoring this CARE cooperative agreement. Substantial involvement by the EPA generally includes technical assistance and administrative activities which will include the reviews of project phases and project monitoring. This EPA work will be determined based upon negotiations with the grant contact and with any additional contacts as named by the grantee. Work could include consult re: EPA Programs, specific technical help, etc.) However, the recipient remains responsible for ensuring that all activities funded under this award are protective of human health and the environment and comply with all applicable Federal and State laws; and,the recipient remains responsible for incurring costs that are allowable under the applicable OMB Circulars. 3. The recipient may request a no-cost extension. The recipient must submit a written request which explains why an extension is needed,what work will be accomplished and how long of an extension is needed(e.g. 30 days,60 days, etc.) Any extension must be approved by the Project Officer and.the Regional Grants Office. 4. Travel to the National CARE meeting-will send an alternate language under separate cover for consideration...I think this should say travel to CARE National Workshop is mandatory. The estimated travel budget within the workplan should be adequate to provide transportation,' hotel and expenses. The recipient is required (the two conferences are mandatory)to send representatives(recommendation is for at least 2)to attend the National Annual CARE Training Workshops(two trainings will be held during the course of the 24 month timeline.) The dates,times and locations of these workshops will be communicated to the grantee ahead of time. The 2011 conference is scheduled for the week of November 15-17, 2011 in Denver, CO. Workshops are typically held in November. 5. Dates for the quarterly submission of these reports will be shared with the grantee once the award is made. In accordance with 40 CFR Part 30.51(d)and 40 CFR Part 31.40,as appropriate,the recipient agrees to submit eight(8)quarterly performance reports and one(1)final report,for all activities that are Included In the work plan. It is mandatory for the Grantees to submit their reports electronically to the CARE Program Manager(currently Kathleen L. Fenton). Grantees will send their reports to their Project Officer and the Project Officer or the CARE Regional Coordinator. The Region will be responsible to send the reports onto the EPA HQ contact and/or post on the Environmental Science Connector(ESC)for the project's documentation requirements. Grantees will use the CARE reporting templates(see attachment D& E)for each of their seven quarterly reports and the template for the final report(see attachment F). These forms are subject to change. The PO or RC will provide the most recent forms for QPRs. Other additional information for the QPRs may include: newspaper articles; photos, decision-making processes, photographs, any outputs that are appropriate to include/attach. See 2011 CARE Quarterly Progress Report Schedule, This too will be provided to you by the PO or RC. 6. Quarterly Reports The quarterly reports will contain at a minimum: A)A comparison of the actual accomplishments to the outputs/outcomes established in the assistance agreement work plan regarding that quarter/period; B)The reasons for deadline slippages(if any)where established outputs/outcomes were not met; C)Any additional and pertinent information(including and when appropriate: documents like local news articles, minutes to meetings, newly engage partners to the project, analysis and information of cost overruns or high unit costs/expenditures.) Also,the recipient shall immediately notify the EPA Project Officer of developments that have significant impact on the award and the supported activities(e.g. loss of staff, political obstacles, etc.). In accordance with 40 CFR Part 30.51(f)and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the EPA Project Officer as soon as problems,delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specifled In the assistance agreement work plan, including any changes In key personnel. This notification shall include a statement of the action taken or contemplated, updated contact information, and any assistance needed to resolve the situation- 7. The Final Report A draft final performance report(a required format Is referenced above) is due to the EPA Project Officer(PO)within thirty(30)days after the expiration of the project period. The recipient shall then submit two(2)final hardcopies or one electronic version of the Final Report to the PO within 90 days after the end of the project period. The final report will also include information relating to any in-kind resources and/or funds leveraged, lessons learned, and future commitments relating to the sustainability of the project. Once the draft has been received by the Project Officer, the PO will review, comment and may request additional information from the recipient.The PO will send their comments back to the grantee. Once an acceptable final report has been approved by the Project Officer, the PO will keep one copy in the grant file and a copy will also be posted on the CARE website.The Project Officer may share copies of the final report with organizations or other interested parties upon request. In addition to the final report, the recipient should supply two copies to EPA of all tangible final products that were created for the purposes of the funded project(i.e., videos, research findings, curriculum, presentations, photographs,etc.) If an exhibit or slide show was created or such an item that is too large and/or expensive to duplicate is created, photos or transcripts of the product may be substituted. 8. The recipient agrees that surveys shall not be funded through this assistance agreement. Any surveys that are conducted will be paid solely by the recipient or outside of this cooperative agreement. Any project funds, including any matching funds that are included in the agreed to federal budget, cannot be used for surveys. EPA shall not approve the collection of information and shall not approve any collection procedures. 9. The recipient also agrees that the EPA logo shall not appear on any survey materials, and the collection of information shall not be conducted in such a way that EPA appears to be conducting or sponsoring the collection of information. 10. In order to evaluate the adequacy of program progress,the recipient agrees to host up to at least two(2)site visits with the Project Officer in attendance upon request. The project review will include an overview of the project's progress and the project expenditures.The time frame for the project reviews will be negotiated between the recipients(project manager)and the EPA Project Officer. In addition to the two potential site visits, the Project Officer or other EPA CARE team members will be informed of any CARE meetings and will be invited to participate as partners(either in person or via conference call). Also, recipients shall meet with the Project Officer via conference call or in person at least once per month to discuss progress and accomplishments. 11. EPA encourages the publication of the results of its assistance programs. However, before an assistance recipient may publish these results as an EPA Product, it must comply with EPA's publication review process. The following steps must be completed: A)The recipient submits three copies of the material it intends to publish to the EPA Project Officer. B)EPA reviews the material and provides the recipient in writing,with any changes it wishes to suggest. C)The recipient prepares a revised draft. In so doing,the recipient should make every effort to accommodate the suggestions provided by EPA review. D) If EPA agrees that the material is appropriate for publication as an EPA document,the recipient may include the EPA/CARE logo and must include the following statement: The Information In this document has been funded wholly or In part by the United States Environmental Protection Agency under assistance agreement(number)to (recipient).K has been subjected to the Agency's publications review process and has been approved for publication as an EPA document. Aftntlon of trade names or commercial products does not constitute endorsement or commendation of use. E) If EPA does not agree that the material is appropriate as an EPA document, the recipient may publish the material for its own use if it does not include the EPA or CARE logo and includes with the published material the following statement: Although the Information In this document has been funded wholly or In part by the United States Envir nmenw Protection Agency under assistance agreement (numbers to(reclp ,h may not necessarily reflect the views of the Agency and no official endorsement should be inferred. F)EPA also encourages recipients to publish reports independently in refereed Journals at any time. (A refereed journal is one which subjects material to review by a panel of experts before publication.) In order to do so, recipients must meet the following requirements: (1)Submit a copy of the material to be published to the EPA Project Officer at the time it is submitted to the journal for publication. (2)After publication,submit three copies of the published material to the EPA Project Officer. (3) Include the following statement in the published material: Aldrough the Nbr madon In this document has been funded wholly or in part by fhb U~-Shfts Ewdmmwdd Proftedon Agency under assistance agreement (number)to,(rnclpleny,It has not been subjected to the Agency's publications review process and dierelbre,may not reflect the views of the Agency and no official endorsement should be Inferred. 12. The recipient reoognizes that the use of the Agency's logo In connection with promotion or pr sale of non-government produced goods or services is forbidden. 13. Recipient agrees EPA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work or products produced as a result of this Assistance Agreement for Federal purposes,and to authorize others to do so in accordance with 40 CFR 30.38 and 40 CFR 31.34,whichever.Is applicable. .:FhsFe Is a;Arm top the need W WP b4t�to Per leeh Pek+on us Ep.4 2-7- ,2olZ vela,"/