UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ASSISTANCE AGREEMENT Page 1 of 35 1B. MOD NUMBER

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1 () Bureau of Reclamation 1A. AGREEMENT NUMBER R11AP30014 N/A 4. ISSUING OFFICE Bureau of Reclamation Lower Colorado Region Resources Management Office, LC-2000 P.O. Box Boulder City, Nevada UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ASSISTANCE AGREEMENT Page 1 of 35 1B. MOD NUMBER 6. ADMINISTRATIVE POINT OF CONTACT Ms. Shawna M. Thompson, LC Grants Officer Bureau of Reclamation P.O. Box Boulder City, Nevada ; SMThompson@usbr.gov 8. GRANTS OFFICER TECHNICAL REPRESENTATIVE Ms. Amelia Porter, LC-2700 Regional Planning Officer Bureau of Reclamation P.O. Box Boulder City, Nevada ; APorter@usbr.gov 2. TYPE OF AGREEMENT GRANT COOPERATIVE AGREEMENT 3. CLASS OF RECIPIENT Special District Government 5. RECIPIENT Ms. Roberta Midge Carver Chair, Nye County Water District Governing Board 2101 East Calvada Boulevard, Suite 100 Pahrump, Nevada ; Fax: ; midgiecarver@gmail.com EIN #: County: Nye DUNS #: Congress. Dist: NV RECIPIENT PROJECT MANAGER Mr. Lewis Darrell Lacy Acting General Manager Nye County Water District 2101 East Calvada Boulevard, Suite 100 Pahrump, Nevada ; Fax: ; llacy@co.nye.nv.us 9A. INITIAL AGREEMENT EFFECTIVE DATE: Is The Date in Block 17a 10. COMPLETION DATE June 30, A. PROGRAM STATUTORY AUTHORITY: Title I, Reclamation Rural Water Supply Act of December 22, 2006, Section 105 Authorizes the Secretary, at the request of a qualifying non-federal project entity, to: (1) review an appraisal investigation submitted by the entity; (2) conduct an investigation; or (3) provide a Grant to, or enter into a Cooperative Agreement with, the entity to conduct such an investigation. Requires an appraisal investigation to be scheduled for completion within two years after its initiation. Directs the Secretary to prepare a report on whether the Project meets the appraisal and eligibility criteria, whether viable water supplies and water rights exist to supply the Project, the effects on public health and safety, environmental benefits, and preliminary cost estimates for the Project and whether a feasibility study should be initiated. Sets the Federal share of an appraisal investigation at 100% of the total cost up to $200, or 50% if the cost of conducting an investigation is more than $200, FUNDING RECIPIENT/OTHER RECLAMATION 13. REQUISITION NUMBER INFORMATION Total Estimated Amount of Agreement: $0 $195, This Obligation: $0 $195, Previous Obligation: $0 $ Total Obligation: $0 $195, X0680 Cost-Share %: 0% 100% 15. PROJECT TITLE AND BRIEF SUMMARY OF PURPOSE AND OBJECTIVES OF PROJECT 9B. MODIFICATION EFFECTIVE DATE: N/A 14A. ACCOUNTING AND APPROPRIATION DATA A (8) 8DIRFR G 14B. TREASURY ACCOUNT FUNDING SYMBOL 11B. CFDA Number Rural Water Supply Program Nye County Water District (NCWD) Water Supply Appraisal Investigation Project (Project) The NCWD is requesting assistance to complete an appraisal of water quality and quality based on supply and demand data, to evaluate necessary water conservation measures, infrastructure improvements, and ensure an adequate supply of clean water that is in compliance with primary drinking water standards of the Safe Drinking Water Act s maximum contaminant levels. The NCWD s attached proposal is hereby incorporated into and made a part of this Agreement. No substantial involvement between Reclamation and the NCWD is anticipated. 16a. Acceptance of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the above-named recipient 17a. Award of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the United States of America, Department of the Interior, Bureau of Reclamation BY: BY: DATE: 16b. NAME, TITLE, AND TELEPHONE NUMBER OF SIGNER: Mr. Lewis Darrell Lacy, Acting General Manager Additional signatures are attached DATE: 17b. NAME OF GRANTS OFFICER: Ms. Shawna M. Thompson, Grants Officer

2 TABLE OF CONTENTS I. OVERVIEW AND SCHEDULE AUTHORITY PUBLIC PURPOSE OF SUPPORT OR STIMULATION BACKGROUND AND OBJECTIVES PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY SCOPE OF WORK AND MILESTONES RESPONSIBILITY OF THE PARTIES BUDGET KEY PERSONNEL REPORTING REQUIREMENTS AND DISTRIBUTION REGULATORY COMPLIANCE II. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN TRIBAL GOVERNMENTS REGULATIONS PAYMENT PROCUREMENT STANDARDS (43 CFR 12.76) EQUIPMENT (43 CFR 12.72) SUPPLIES (43 CFR 12.73) INSPECTION AUDIT (31 U.S.C ) ENFORCEMENT (43 CFR 12.83) TERMINATION FOR CONVENIENCE (43 CFR 12.84) DEBARMENT AND SUSPENSION (2 CFR 1400) DRUG-FREE WORKPLACE (2 CFR 182 and 1401) ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE COVENANT AGAINST CONTINGENT FEES TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR ) NEW RESTRICTIONS ON LOBBYING (43 CFR 18) UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A) PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING R11AP

3 I. OVERVIEW AND SCHEDULE 1. AUTHORITY Grant Agreement Between Bureau of Reclamation and the Nye County Water District for the Water Supply Appraisal Investigation Project This Federal Assistance Grant Agreement, hereinafter referred to as Assistance Agreement or Agreement is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as Reclamation, and the Nye County Water District, hereinafter referred to as the Recipient or Grantee or NCWD. Pursuant to Rural Water Supply Act of December 22, 2006 (Public Law , Title I, 120 Stat. 3346, 43 U.S. C. 2401, et. seq.). The following section, provided in full text, authorizes Reclamation to award this Agreement: Section 103 Directs the Secretary of the Interior (Secretary) to carry out a Rural Water Supply Program (Program) in reclamation states including Nevada, to identify opportunities for, plan the design of, and oversee the construction of water supply projects for small communities and rural areas that are recommended by the Secretary and authorized by Congress. Requires any activity performed under this title to be carried out in cooperation with a qualifying non-federal project entity. Directs the Secretary to, publish criteria for determining the eligibility of a rural community and prioritizing requests for assistance, which criteria shall include consideration of: (1) the need for a project that would result in water quality benefits or address water supply needs; and (2) whether a project promotes and applies a regional or watershed perspective to water resources management. Section 105 Authorizes the Secretary, at the request of a qualifying non-federal project entity, to: (1) review an appraisal investigation submitted by the entity; (2) conduct an investigation; or (3) provide a Grant to, or enter into a Cooperative Agreement with, the entity to conduct such an investigation. Requires an appraisal investigation to be scheduled for completion within two years after its initiation. Directs the Secretary to prepare a report on whether the Project meets the appraisal and eligibility criteria, whether viable water supplies and water rights exist to supply the Project, the effects on public health and safety, environmental benefits, and preliminary cost estimates for the Project and whether a feasibility study should be initiated. Sets the Federal share of an appraisal investigation at 100% of the total cost up to $200, or 50% if the cost of conducting an investigation is more than $200, PUBLIC PURPOSE OF SUPPORT OR STIMULATION The NCWD oversees 43 of the 44 hydrographic (water resource) basins, and four hydrographic regions and the County crosses over 14 watersheds. The County was formed as a mining community, so the potential for contamination of its water resources due to these operations is recognized. Municipal water systems in Beatty, Gabbs, Manhattan, Round Mountain (Hadley), and Tonopah have high levels of arsenic and/or fluoride, both identified as contaminants under the national primary drinking water standards. Although these communities have taken steps or are working to mitigate the contamination, stricter Safe Drinking Water Act standards are posing excessive burdens on these small water systems, which the communities and local residents cannot afford. R11AP

4 Round Mountain s (Hadley) water system is in danger of closing because the costs to bring the contamination levels below the standards exceed the resources available to the system. Primary drinking water standard contaminants exceeding the maximum contaminant levels in the communities are: arsenic, fluoride and alpha particles are in excess of the legal limit in the majority of the area, and arsenic and uranium are in excess of health guidelines, but within legal limits in some areas. Two exploratory wells were drilled near Gabbs in conjunction with a preliminary engineering report, neither of which met the maximum contaminant limits for arsenic or fluoride. The Beatty Water and Sewer District was granted an exemption to the Arsenic Rule in the Safe Drinking Water Act by the Nevada Division of Environmental Protection to January 23, 2011, to allow sufficient time to bring its system within compliance limits for arsenic and fluoride, and has investigated options for bringing arsenic levels in the drinking water supply into compliance with the allowed levels, but high capital investment required to cover the costs of either a water treatment facility or new well construction, has limited its ability to comply. The NCWD is responsible for the long-term sustainability of water resources and will coordinate with the Central Nevada Regional Water Authority, Southern Nevada Water Authority, and neighboring Counties. Tribe s in the immediate area are the Duckwater Shoshone, Yomba Shoshone, and Timbisha Shoshone, of which the Duckwater Shoshone have agreed to partner with the County of this Project by providing relevant water resource and infrastructure data. The County will continue to coordinate with the Yomba and Timbisha Shoshone Tribe s in an effort to gain their participation, since the quantity and quality of its shared watersheds impacts the Tribes located in the area, and desires to have as much community input as practicable in order to obtain a clear understanding of the water resources, current existing infrastructure and any upgrades needed to improve the health and quality of life for all area inhabitants. Without Reclamation funding, the NCWD and surrounding Counties and communities would not have the financial resources to conduct the water supply resource appraisal and due to the geographical size of the County itself and number of remote communities, an investigative appraisal of water supplies cannot be accomplished under other Federal Programs. 3. BACKGROUND AND OBJECTIVES This is a competitive award. The NCWD submitted an application package and Project proposal on Grants.gov through Funding Opportunity Announcement Number R11SF80307 (FOA), under the Reclamation Rural Water Supply Program. The FOA was posted out of Reclamation s Denver Office identified for CFDA Number Water Desalination Research and Development Program. Eligible entities with qualifying Project proposals submitted through the FOA were accepted by the Denver Office, of those proposals, NCWD s proposal was designated as number seven. A technical evaluation and the first level screening of the NCWD s application and Project proposal were completed by the Denver Office and the entity and proposed Project were deemed eligible on April 5, The Denver Office sent the NCWD s application package and Project proposal to the LC-2700, Planning and Program Management Group for a second level technical evaluation, and administration and award of a Federal Financial Assistance Agreement. The NCWD primary concerns are related to rapid growth, industrial development, and naturally-occurring and preventable contamination, and recently undertook several projects to mitigate contamination and conserve water resources, and completing wells to replace water sources that did not meet safe drinking water standards. Small rural communities and surrounding Counties are dispersed throughout the geographic area and lack advanced infrastructure due to their isolation. The region s water basins are over-allocated and there are approximately 22,000 acre-feet of water per year in pending water right applications in major surrounding communities with municipal water systems. R11AP

5 Federal agencies manage approximately 98% of the land in the County and the BLM has received more than 30 applications to construct renewable energy facilities which when coupled with mining operations would consume tens of thousands of acre-feet of water. Potential impacts of large industrial developments, mining operations, underground storage tanks, landfills, methamphetamine laboratories, gas stations, dairy farms, refineries, and manufacturing facilities present the possibility of water supply contamination. Soil contamination resulting from petroleum, heavy metals, and animal waste releases at these sites and the potential transfer of preventable contamination to the groundwater that serves as the County s drinking water supply is of major concern. Therefore, the NCWD is requesting assistance to conduct an appraisal of the quantity and quality of existing water resource supplies in the County and surrounding areas populated with small communities and Tribes, which is essential to support planning efforts for community and economic development, identify existing and projected demands, and determine the infrastructure required to continue to serve existing and projected, uncontrolled population growths in the area, neighboring Counties and communities, and plan management strategies that can be implemented to ensure the availability of an adequately clean water supply, bring water systems in compliance with acceptable drinking water supply standards, and identify back-up sources of drinking water. The growth in some areas has lead to overconsumption and over-allocation of water resources that can overburden existing infrastructure and facilities, presenting concerns of water demands exceeding available water supplies and competition for water rights which has created an urgency to assess impacts of development on existing water resources. 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY This Agreement becomes effective on the date shown in Block 17a of Form , United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The Agreement shall remain in effect until the date shown in Block 10 of Form , United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The period of performance for this Agreement may only be modified through written modification of the Agreement by a Reclamation Grants Officer (GO). No legal liability on the part of the Government for any payment may arise until funds are made available, in writing, to the Recipient by a Reclamation GO. The total estimated amount of Federal funding for this Agreement is $195,516.20, of which the initial amount of Federal funds available is limited to $195, as indicated by this obligation within Block 12 of Form , United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. Subject to the availability of Congressional appropriations, subsequent funds will be made available for payment through written modifications to this Agreement by a Reclamation GO. 5. SCOPE OF WORK AND MILESTONES The NCWD is requesting assistance to conduct an appraisal of the quantity and quality of existing water resource supplies in the County and surrounding areas populated with small communities and Tribes, which is essential to support planning efforts for community and economic development, identify existing and projected demands, and determine the infrastructure required to continue to serve existing and projected, uncontrolled population growths in the area, neighboring Counties and communities, and plan management strategies that can be implemented to ensure the availability of an adequately clean water supply, bring water systems in compliance with acceptable drinking water supply standards, and identify back-up sources of drinking water. Small rural communities and surrounding Counties are dispersed throughout the geographic area and lack advanced infrastructure due to their isolation. R11AP

6 Potential impacts of large industrial developments, mining operations, underground storage tanks, landfills, methamphetamine laboratories, gas stations, dairy farms, refineries, and manufacturing facilities present the possibility of water supply contamination. Soil contamination resulting from petroleum, heavy metals, and animal waste releases at these sites and the potential transfer of preventable contamination to the groundwater that serves as the County s drinking water supply is of major concern. The NCWD will work cooperatively with the Nye County Administration and Nuclear Waste Repository Project Office (NWRPO) to coordinate and oversee the Project. Personnel assigned to the Project are: Darrell Lacy, Acting General Manager of the NCWD and Director of NWRPO; Levi Kryder, Geoscience Manager and Acting Natural Resources Manager, NWRPO; and Amy Fanning, Grants Administrator, Nye County Administration. Levi Kryder, Darrell Lacy and Amy Fanning will prepare request for proposals for a Hydrology Consultant and select an appropriate contractor through a competitive bidding process to complete the appraisal investigation and report. Levi Kryder will coordinate Reclamation and with selected contractor to review the contractor s data and document summaries and throughout preparation of the report, and will review the draft and final reports, participate in stakeholder meetings, coordinate with selected contractor throughout the preparation of the report and will review the draft and final reports; Darrell Lacy will oversee activities and report progress to the NCWD Governing Board and oversee the completion of the report; and Amy Fanning will oversee preparation and submission of the quarterly Progress and SF-425 Financial Status Reports, and the Final Project and Final SF-425 Financial Status Reports. The NCWD is proposing to accomplish the appraisal through the following Tasks: Task 1 Data Collection and Document Review, contractor will collect all relevant studies, reports, population data including business and industry, and projections; Task 2 Stakeholder Meetings, the NCWD and contractor will facilitate a minimum of four stakeholder meetings held in conjunction with the NCWD monthly governing board meetings; Task 3 Report Preparation, contractor will prepare a draft appraisal report (will include at a minimum, analysis of the quantity and quality of the County s water resources, assessment of projected population growth and business and industrial development and their impacts on water resources, and evaluation of infrastructure needs and water supply and demand management alternatives) based on the data gathered, NCWD, the County and Reclamation will review the draft report and the contractor will revise the report based on comments. A public comment period be held for at least 30 days, contractor will revise appraisal report accordingly and NCWD and the County will complete a final review, once final comments have been incorporated, Reclamation will review the report a final time; and Task 4 Program Oversight and Administration, NCWD will complete seven quarterly Progress Reports, seven SF-425 Financial Status Reports, one final Project Report, and one final SF-425 Financial Status Report. Performance Schedule with Milestones Quarter Task Activity Schedule July 1, 2011 June 30, 2012 (Year 1) st Quarter - Request for proposal preparation and selection July 2011 August Desktop Research August Stakeholder Meeting One September Division of Water Resources (Carson City) Trip One, Data Review and Summarization September 2011 R11AP

7 Quarter Task Activity Schedule 2 4 Year One Reporting Begins for 1 st Full Quarter Q2 October Pahrump Trip, Data Review and Summarization October Gabbs, Manhattan, Round Mountain (Hadley), and Tonopah Trip, Data Review and November 2011 Summarization 1 Carson City Trip Two, Data Review and Summarization December Q2 1 st Quarterly Progress & SF-425 Reports Due 12/31/11, with 30 day allowance, January 31, 2012 submit to Reclamation NLT 3 4 Year One Reporting Begins for 2 nd Full Quarter Q3 January Amargosa Valley and Beatty Trip, Data Review and Summarization January Duckwater Trip, Data Review and Summarization February Carson City Trip Three, Data Review and Summarization March Q3 2 nd Quarterly Progress & SF-425 Reports Due 3/31/12, with 30 day allowance, April 30, 2012 submit to Reclamation NLT 4 4 Year One Reporting Begins for 3 rd Full Quarter Q4 April Draft Report One April 2012 May NCWD/Nye County Review June Draft Report Coordination Meeting June Q4 3 rd Quarterly Progress & SF-425 Reports Due 6/30/12, with 30 day allowance, July 31, 2012 submit to Reclamation NLT July 1, 2012 June 30, 2013 (Year 2) 1 4 Year Two Reporting Begins for 1 st Full Quarter Q1 July Draft Report Two July Bureau of Reclamation Interim Review August Draft Report Three September Stakeholder Meeting Two September Q1 1 st Quarterly Progress & SF-425 Reports Due 9/30/12, with 30 day allowance, submit to Reclamation NLT October 31, Year Two Reporting Begins for 2 nd Full Quarter Q2 October Public Comment/Stakeholder Review October Final Report One November 2012 December Stakeholder Meeting Three December Q2 2 nd Quarterly Progress & SF-425 Reports Due 12/31/12, with 30 day allowance, January 31, 2013 submit to Reclamation NLT 3 4 Year Two Reporting Begins for 3 rd Quarter Q3 January NCWD/Nye County Review January Final Report Coordination Meeting January Final Report Two February Bureau of Reclamation Technical Adequacy and Completeness Review March Q3 3 rd Quarterly Progress & SF-425 Reports Due 3/31/13, with 30 day allowance, April 30, 2013 submit to Reclamation NLT 4 4 Year Two Reporting Begins for 4 th Quarter Q4 April Final Report Three April 2013 May Bureau of Reclamation Recommendation Report June Stakeholder Meeting Four June End of Agreement Period June 30, Q4 4 th Quarterly Progress & SF-425 Reports Due 6/30/13, with 30 day allowance, July 31, 2013 submit to Reclamation NLT 4 Final Project Report, with 90 day allowance, submit to Reclamation NLT September 30, 4 Final SF-425 Federal Financial Report, with 90 day allowance, submit to Reclamation NLT 2013 September 30, 2013 R11AP

8 6. RESPONSIBILITY OF THE PARTIES 6.1 Recipient Responsibilities The Recipient shall carry out the Scope of Work in accordance with the terms and conditions stated herein. The Recipient shall adhere to Federal, State, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the Scope of Work contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. 6.2 Reclamation Responsibilities Reclamation will monitor and provide Federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the Scope of Work. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient s request, Reclamation may also provide technical assistance to the Recipient in support of the Scope of Work and objectives of this Agreement No substantial involvement between Reclamation and the NCWD is anticipated. 7. BUDGET 7.1 Budget Estimate. The following is the estimated budget for this Agreement. Federal Assistance Agreements are cost-reimbursable, the budget provided is for estimation purposes only. Final costs incurred under the budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must be in accordance with any pre-award clarifications conducted between the Recipient and Reclamation, as well as with the terms and conditions of this Agreement. Final determination of the allowability, allocability, or reasonableness of costs incurred under this Agreement is the responsibility of a Reclamation GO. Recipients are encouraged to direct any questions regarding allowability, allocability, or reasonableness of costs to the Reclamation GO, identified in Block 6 of Form , Assistance Agreement, for review prior to incurrence of the costs in question. Below is the NCWD s budget table: BUDGET ITEM COMPUTATION RECIPIENT OTHER RECLAMATIO TOTAL DESCRIPTION Price/Unit Quantity FUNDING FUNDING N FUNDING COST SALARIES AND WAGES --Position title x hourly wage/salary x est. hours for assisted activity. Describe this information for each position. Acting General Manager KCWD and Director NWRPO - Lewis Darrell Lacy $ $61.23/hou r 60 hours $0 N/A $ 3, $ 3, Geoscience Manager and Acting Natural Resources Manager NWRPO - Levi Kryder Grants Administrator and Nye County Administration Amy Fanning $ $47.41/hou r $ $34.88/hou r 376 hours $0 N/A $ 16, $ 16, hours $0 N/A $ 4, $ 4, Subtotal: 556 hours $0 N/A $ 24, $ 24, R11AP

9 FRINGE BENEFITS Explain the type of fringe benefits and how applied to various categories of personnel. Acting General Manager KCWD and Director NWRPO - Lewis Darrell Lacy $ $20.26/hour 60 hours $0 N/A $ 1, $ 1, Geoscience Manager and Acting Natural Resources Manager NWRPO - Levi Kryder Grants Administrator and Nye County Administration Amy Fanning $ $16.39/hour $ $12.88/hour 376 hours $0 N/A $ 5, $ 5, hours $0 N/A $ 1, $ 1, Subtotal: 556 hours $0 N/A $ 8, $ 8, CONTRACTUAL/ CONSTRUCTION Explain any contracts to be awarded, why needed. The NCWD will prepare a request for proposals for a Hydrology Consultant and select and appropriate contractor through a competitive bidding process, to complete the appraisal investigation and report. The NCWD does not have permanent full-time employees nor the necessary in-house expertise to complete the Project. Contractor/Hydrologic Consultant Labor $125.00/hour 980 hours $0 N/A $122, $122, Travel $0 N/A $ 4, $ 4, Subtotal: 980 hours $0 N/A $126, $126, OTHER List any other cost elements necessary for your project; such as extra reporting, or contingencies in a construction contract. Reclamation Asst. & Oversight $30, years $0 N/A $ 30, $ 30, Laminated Color Plots (24x36) $35.00 each 12 $0 N/A $ $ Printing Draft Copy Report $73.50 each 25 $0 N/A $ 1, $ 1, Printing Final Bound Report $78.50 each 50 $0 N/A $ 3, $ 3, Subtotal: 2 years $0 N/A $ 36, $ 36, TOTAL DIRECT COSTS-- $0 N/A $195, $195, TOTAL PROJECT COSTS $195, $195, Cost Sharing Requirement Non-Federal cost-share is not required for this Agreement. 7.3 Pre-Award Incurrence of Costs The NCWD is not authorized to incur costs prior to the award of this Agreement. Costs incurred prior to the award of this Agreement are not allowable. 7.4 Allowable Costs (2 CFR Part 225) Costs incurred for the performance of this Agreement must be allowable, allocable to the project, and reasonable. The following Office of Management and Budget (OMB) Circular, codified within the Code of Federal Regulations (CFR), governs the allowability of costs for Federal Assistance Agreements: 2 CFR Part 225 (OMB Circular A-87), "Cost Principles for State, Local, and Indian Tribal Governments" Expenditures for the performance of this Agreement must conform to the requirements within this Circular. The Recipient must maintain sufficient documentation to support these expenditures. Questions on the allowability of costs should be directed to the Reclamation GO responsible for this Agreement. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the Agreement. The only costs which are authorized for a period of up to 90 days following the project performance period are those strictly associated with closeout activities for preparation of the final report. R11AP

10 7.5 Changes (43 CFR 12.70) (a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to the approved project. However, unless waived by the awarding agency, certain types of post-award changes in budgets and projects shall require the prior written approval of the awarding agency. (b) Relation to cost principles. The applicable cost principles (see 43 CFR 12.62) contain requirements for prior approval of certain types of costs. Except where waived, those requirements apply to all Assistance Agreements and subgrants, even if paragraphs (c) through (f) of this section do not. (c) Budget changes. (1) Non-construction projects. Except as stated in other regulations or an award document, Grantees or subgrantees shall obtain the prior approval of the awarding agency whenever any of the following changes is anticipated under a non-construction award: (i) Any revision which would result in the need for additional funding. (ii) Unless waived by the awarding agency, cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent of the current total approved budget, whenever the awarding agency's share exceeds $100,000. (iii) Transfer of funds allotted for training allowances (i.e., from direct payments to trainees to other expense categories). (2) Construction projects. Grantees and subgrantees shall obtain prior written approval for any budget revision which would result in the need for additional funds. (3) Combined construction and non-construction projects. When an Assistance Agreement or subgrant provides funding for both construction and non-construction activities, the Grantee or subgrantee must obtain prior written approval from the awarding agency before making any fund or budget transfer from non-construction to construction or vice versa. (d) Programmatic changes. Grantees or subgrantees must obtain the prior approval of the awarding agency whenever any of the following actions is anticipated: (1) Any revision of the Scope of Work or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval). (2) Need to extend the period of availability of funds. (3) Changes in Key Persons in cases where specified in an application or an Assistance Agreement award. In research projects, a change in the Project Director or Principal Investigator shall always require approval unless waived by the awarding agency. (4) Under non-construction projects, contracting out, subgranting (if authorized by law) or otherwise obtaining the services of a third-party to perform activities which are central to the purposes of the award, unless included in the initial funding proposal. This approval requirement is in addition to the approval requirements of 43 CFR 12.76, but does not apply to the procurement of equipment, supplies and general support services. R11AP

11 (e) Additional prior approval requirements. The awarding agency may not require prior approval for any budget revision which is not described in paragraph (c) of this section. (f) Requesting prior approval. (1) A request for prior approval of any budget revision will be in the same budget formal the Grantee used in its application and shall be accompanied by a narrative justification for the proposed revision. (2) A request for a prior approval under the applicable Federal cost principles (see 43 CFR 12.62) may be made by letter. (3) A request by a subgrantee for prior approval will be addressed in writing to the Grantee. The Grantee will promptly review such request and shall approve or disapprove the request in writing. A Grantee will not approve any budget or project revision which is inconsistent with the purpose or terms and conditions of the Federal Assistance Agreement to the Grantee. If the revision, requested by the subgrantee would result in a change to the Grantee's approved project which requires Federal prior approval, the Grantee will obtain the Federal agency's approval before approving the subgrantee's request. 7.6 Modifications Any changes to this Agreement shall be made by means of a written modification. Reclamation may make changes to the Agreement by means of a unilateral modification to address administrative matters, such as changes in address, no-cost time extensions, or the addition of previously agreed upon funding. Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to suspend or terminate the Agreement in accordance with 43 CFR All other changes shall be made by means of a bilateral modification to the Agreement. No oral statement made by any person, or written statement by any person other than the responsible Reclamation GO, shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. All requests for modification of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the responsible Reclamation GO. Any request for project extension shall be made at least 45 days prior to the expiration date of the Agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 8. KEY PERSONNEL 8.1 Recipient s Key Personnel The Recipient's Project Manager for this Agreement shall be: Mr. Lewis Darrell Lacy Acting General Manager Nye County Water District 2101 East Calvada Boulevard, Suite 100 Pahrump, Nevada ; Fax: ; llacy@co.nye.nv.us Changes to Key Personnel require compliance with 43 CFR 12.70(d)(3). R11AP

12 8.2 Reclamation s Key Personnel Grants Officer (GO): Bureau of Reclamation Ms. Shawna M. Thompson P.O. Box 61470, Boulder City, NV , SMThompson@usbr.gov (a) The GO is the only official with legal delegated authority to represent Reclamation. The GO s responsibilities include, but are not limited to, the following: (1) Formally obligate Reclamation to expend funds or change the funding level of the Agreement; (2) Approve through formal modification changes in the scope of work and/or budget; (3) Approve through formal modification any increase or decrease in the period of performance of the Agreement; (4) Approve through formal modification changes in any of the expressed terms, conditions, or specifications of the Agreement; (5) Be responsible for the overall administration, management, and other non-programmatic aspects of the Agreement including, but not limited to, interpretation of financial assistance statutes, regulations, circulars, policies, and terms of the Agreement; (6) Where applicable, ensures that Reclamation complies with the administrative requirements required by statutes, regulations, circulars, policies, and terms of the Agreement Grants Officer Technical Representative (GOTR): Bureau of Reclamation Ms. Amelia Porter P.O. Box 61470, Boulder City, NV ; APorter@usbr.gov (a) The GOTR s authority is limited to technical and programmatic aspects of the Agreement. The GOTR s responsibilities include, but are not limited to, the following: (1) Assist the Recipient, as necessary, in interpreting and carrying out the scope of work in the Agreement; (2) Review, and where required, approve Recipient reports and submittals as required by the Agreement; (3) Where applicable, monitor the Recipient to ensure compliance with the technical requirements of the Agreement; (4) Where applicable, ensure that Reclamation complies with the technical requirements of the Agreement; (b) The GOTR does not have the authority to and may not issue any technical assistance which: R11AP

13 (1) Constitutes an assignment of additional work outside the scope of work of the Agreement; (2) In any manner causes an increase or decrease in the total estimated cost or the time required for performance; or (3) Changes any of the expressed terms, conditions, or specifications of the Agreement. 9. REPORTING REQUIREMENTS AND DISTRIBUTION 9.1 Noncompliance. Failure to comply with the reporting requirements contained in this Agreement may be considered a material non-compliance with the terms and conditions of the award. Noncompliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 43 CFR Financial Reports. Financial Status Reports shall be submitted by means of the SF-425 form and shall be submitted according to the Report Frequency and Distribution schedule below. All financial reports shall be signed by an Authorized Certifying Official for the Recipient s organization. 9.3 Monitoring and reporting program performance (43 CFR 12.80) (a) Monitoring by Grantees. Grantees are responsible for managing the day-to-day operations of Assistance Agreement and subgrant supported activities. Grantees must monitor Assistance Agreement and subgrant supported activities to assure compliance with applicable Federal requirements and that performance goals are being achieved. Grantee monitoring must cover each program, function or activity. (b) Non-construction performance reports. The Federal agency may, if it decides that performance information available from subsequent applications contains sufficient information to meet its programmatic needs, require the Grantee to submit a performance report only upon expiration or termination of Assistance Agreement support. Unless waived by the Federal agency, this report will be due on the same date as the final Financial Status Report. (1) Grantees shall submit annual performance reports unless the awarding agency requires quarterly or semi-annual reports. However, performance reports will not be required more frequently than quarterly. Annual reports shall be due 90 days after the Assistance Agreement year, quarterly or semi-annual reports shall be due 30 days after the reporting period. The final performance report will be due 90 days after the expiration or termination of Assistance Agreement support. If a justified request is submitted by a Grantee, the Federal agency may extend the due date for any performance report. Additionally, requirements for unnecessary performance reports may be waived by the Federal agency. (2) Performance reports will contain, for each Assistance Agreement, brief information on the following: (i) A comparison of actual accomplishments to the objectives established for the period. Where the output of the project can be quantified, a computation of the cost per unit of output may be required if that information will be useful. (ii) The reasons for slippage if established objectives were not met. R11AP

14 (iii) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. (3) Grantees will not be required to submit more than one original of performance reports. (4) Grantees will adhere to the standards in this section in prescribing performance reporting requirements for subgrantees. (c) Construction performance reports. For the most part, on-site technical inspections and certified percentage-of-completion data are relied on heavily by Federal agencies to monitor progress under construction Assistance Agreements and subgrants. The Federal agency will require additional formal performance reports only when considered necessary, and never more frequently than quarterly. (d) Significant developments. Events may occur between the scheduled performance reporting dates which have significant impact upon the Assistance Agreement or subgrant supported activity. In such cases, the Grantee must inform the Federal agency as soon as the following types of conditions become known: (1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more beneficial results than originally planned. (e) Federal agencies may make site visits as warranted by program needs. (f) Waivers, extensions. (1) Federal agencies may waive any performance report required by this part if not needed. (2) The Grantee may waive any performance report from a subgrantee when not needed. The Grantee may extend the due date for any performance report from a subgrantee if the Grantee will still be able to meet its performance reporting obligations to the Federal agency. 9.4 Report Frequency and Distribution. The following table sets forth the reporting requirements for this Agreement. Please note the first report due date listed for each type of report. REQUIRED REPORTS Interim Reports Final Report Performance Report Format No specific format required. See content requirements within Section 9.3 (43 CFR 12.80) above. Summary of activities completed during the entire period of performance is required. See content requirements within Section 9.3 (43 CFR 12.80) above. Reporting Frequency Quarterly Final Report due upon completion of Reporting Period Due Date* First Report Due Date For Quarterly Reporting: Federal fiscal quarters ending: December 31, March 31, June 30, and September 30, of the Agreements active years. Within 30 days after the end of the Reporting Period. The first performance report is due for reporting period ending December 31, Submit to: GO and GOTR GO and GOTR Agreement s period of performance. Entire period of performance. Within 90 days after the completion date of the Agreement. N/A R11AP

15 Federal Financial Report Format SF-425 (all sections must be completed). SF-425(all sections must be completed). Reporting Frequency Quarterly Final Report due upon completion of Agreement s period of performance. Reporting Period For Quarterly Reporting: Federal fiscal Entire period of performance. quarters ending: December 31, March 31, June 30, and September 30, of the Agreements active years. Due Date* Within 30 days after the end of the Reporting Period. Within 90 days after the completion date of the Agreement. First Report Due Date The first performance report is due for reporting N/A period ending December 31, Submit to: GO and GOTR GO and GOTR * If the completion date is prior to the end of the next reporting period, then no interim report is due for that period. Instead, the Recipient is required only to submit the final financial and performance reports, which will cover the entire period of performance including the last abbreviated reporting period. 10. REGULATORY COMPLIANCE The Recipient agrees to comply or assist Reclamation with all regulatory compliance requirements and all applicable State, Federal, and local environmental and cultural and paleontological resource protection laws and regulations as applicable to this project. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If during the course of any activities associated with the execution of this Agreement, the Grantee becomes aware of discovery of any historic architectural and/or archaeological districts, sites, buildings, structures, or objects 50 years or older, the Grantee shall, within the limits of its legal authority, request that activities immediately cease and consultation be conducted with the State Historic Preservation Office pursuant to 36 CFR Part Certain environmental and other associated compliance are Federal responsibilities, and will occur as appropriate. Reclamation will identify the need for and will complete any appropriate environmental compliance requirements, as identified above, pertinent to Reclamation pursuant to activities specific to this assisted activity. Environmental and other associated compliance shall be completed prior to the start of this project. As such, notwithstanding any other provision of this Agreement, Reclamation shall not provide any funds to the Recipient for Agreement purposes, and the Recipient shall not begin implementation of the assisted activity described in this Agreement, until Reclamation provides written notice to the Recipient that all applicable environmental and regulatory compliance analyses and clearances have been completed and that the Recipient may begin implementation of the assisted activity. If the Recipient begins project activities that require environmental and other regulatory compliance approval, such as construction activities, prior to receipt of written notice from Reclamation that all such clearances have been obtained, then Reclamation reserves the right to unilaterally terminate this Agreement for cause. R11AP

16 II. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN TRIBAL GOVERNMENTS 1. REGULATIONS The regulations at 43 CFR, Part 12, Subparts A, C, E, and F, are hereby incorporated by reference as though set forth in full text. The following Office of Management and Budget (OMB) Circulars, as applicable, and as implemented by 43 CFR Part 12, are also incorporated by reference and made a part of this Agreement. Failure of a Recipient to comply with any applicable regulation or circular may be the basis for withholding payments for proper charges made by the Recipient and/or for termination of support. 1.1 Colleges and Universities that are Recipients or sub-recipients shall use the following: 2 CFR Parts 215 and 220 (Circular A 21), "Cost Principles for Educational Institutions" Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F) Circular A-133, revised June 27, 2003, "Audits of States, Local Governments, and Non-Profit Organizations" 1.2 State, Local and Tribal Governments that are Recipients or sub-recipients shall use the following: 2 CFR Part 225 (Circular A 87), "Cost Principles for State, Local, and Indian Tribal Governments" Circular A 102, as amended August 29, 1997, "Grants and Cooperative Agreements with State and Local Governments" (Grants Management Common Rule, Codification by Department of Interior, 43 CFR 12, Subpart C) Circular A-133, revised June 27, 2003, Audits of States, Local Governments, and Non-Profit Organizations" 1.3 Nonprofit Organizations that are Recipients or sub-recipients shall use the following: 2 CFR Part 230 (Circular A 122), Cost Principles for Non-Profit Organizations" Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F) Circular A-133, revised June 27, 2003, Audits of States, Local Governments, and Non-Profit Organizations 1.4 Organizations other than those indicated above that are Recipients or sub-recipients shall use the basic principles of OMB Circular A-110 (Codification by Department of Interior, 43 CFR 12, Subpart F), and cost principles shall be in accordance with 48 CFR Subpart R11AP