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EXHIBIT <br />FLOW DOWN PROVISIONS FROM ENVIRONMENTAL PROTECTION AGENCY FUNDING <br />AGREEMENT <br />1. EPA General Terms and Conditions <br />The recipient agrees to comply with all required flow down provioiuna, as well as the current <br />EPA general terms and conditions available at: <br />https://www.eDa.aov/arants/er)a-cieneral-terms-and-conditions-effective-october-1-2019-or- <br />later. These terms and conditions are in addition to the assurances and certifications made as <br />a part of the award and the terms, conditions, or restrictions cited throughout the award. The <br />EPA repository for the general terms and conditions by year can be found at: <br />2' Subavvmrde <br />Any questions about subrecipient eligibility or other issues pertaining to subawards should be <br />addressed tothe recipient's EPA Project Officmr.Additiona|infonnotiOnrugandingeubavvanda <br />may befound at Guidance for <br />distinguishing between vendor and subrecipient relationships and ensuring compliance with <br />Section 21Uka\-/d\ofOMB Circular A-133 can be found at <br />and <br />3- Civil Rights Compliance <br />a. SUBF{EC|P|ENTviU comply with the Acts and the <br />Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. <br />Environmental Protection Agency, as they may be amended from time to time, which <br />are herein incorporated byreference and made part ofthis agreement. <br />b.Nondiscrimination: SUBF<EC|P|ENT,with regard iothe work performed byitduring the <br />oontuaot, will not discriminate on the grounds of race, CO|Or, or national origin in the <br />selection and retention of subcontractors, including procurement of materials and <br />leases of equipment. 8UBREC|P|ENT will not participate directly Or indirectly in the <br />discrimination prohibited by the Acte and the Regu|oUons, including employment <br />practices when the contract covers any activity, project, or program set forth in <br />Appendix Bof45CFR Part 21. <br />o. In <br />all solicitations either bycompetitive bidding or negotiation made by8UBRE{}|PiENT <br />for work to be performed under a subcontract, including procurement of materials or <br />leases of equipment, each potential subcontractor or supplier will be notified by <br />SUBRECIPIENT of obligations under this contract and the Acts and Regulations <br />relative to Nondiscrimination on the grounds ofrace, color, ornational origin. <br />d. 8UBREC|P|ENTwill provide all information and reports <br />required by the Acts, the Regulations, and directives issued pursuant thereto, and will <br />permit access to its books, records, accounts, other sources of information, and <br />facilities aamay bedetermined bythe EPA urKTBtobepertinent toascertain <br />compliance with such Acts, Regulations or directives. VVhoro any information required <br />ofSUBREC|P|ENTiSinthe exclusive possession ofanother who fails orrefuses to <br />furnish this infornnotinn. SUBFlEC|P|ENTvvi|| so certify to KTB or the EPA' as <br />appropriate, and will set forth what efforts it has made to obtain the information. <br />e. In the event of8UBRE{||P|ENT'a noncompliance with <br />the Nondiscrimination provisions of this oontract. KTB will impose such contract <br />sanctions as it. or the EPA may determine to be appropriate' including, but not limited <br />to: <br />i withholding ofpayments toSUBREC|P|ENTunder the contract until the <br />SUBREC|P|ENTcomplies and/or <br />Memorandum of Understanding Page 2 <br />