HomeMy WebLinkAboutResolutions - 2013.10.02 - 21054MISCELLANEOUS RESOLUTION #13260 October 2, 2013
BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS-
ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD
CONSORTIUM ASSESSMENT GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #13180, "Board of Commissioners - Amendment to the
Grants Procedure", the Waste Resource Management Unit of the Department of Economic Development
and Community Affairs as part of the Oakland County Brownfield Consortium has applied to the United
States Environmental Protection Agency (EPA) for a Brownfield consortium assessment grant to perform
Environmental assessment work on Brownfield properties in the amount of $600,000; and
WHEREAS Oakland County has partnered with the Cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, Pontiac and Southfield to form the Oakland County Brownfield Consortium; and
WHEREAS the EPA has awarded the Oakland County Brownfield Consortium a $600,000 grant, the
same amount as the application, for the period starting in 2013; and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, Pontiac and Southfield
will enter into a memorandum of agreement with Oakland County pertaining to this grant; and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, Pontiac and Southfield
will have $60,000 each to spend on environmental assessments on Brownfield sites in their cities as part
of this grant; and
WHEREAS the remaining $240,000 of the grant will be spent on environmental investigations on
Brownfield sites located in the other cities, villages and townships not associated as part of the Oakland
County Brownfield Consortium; and
WHEREAS acceptance of the grant does not obligate the County to any future commitments; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Brownfield Consortium Assessment grant from the U.S. EPA in the amount of $600,000.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement
and to approve grant changes and extensions, within 15 percent of the original award, which are
consistent with the original agreement.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Nuccio and McGillivray absent.
GRANT REVIEW SIGN OFF — Economic Development and
Community Affairs
GRANT NAME: FY 2013 Oakland County Brownfield Consortium Assessment Grant
FUNDING AGENCY; U.S. Environmental Protection Agency
DEPARTMENT CONTACT PERSON: Brad Hansen 858-8073 STATUS: Grant Acceptance
DATE: September 16, 2013
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
Tbe captioned grant materials and grant acceptance package (which should include the Board of
Commissioners Liaison Committee Resolution, the grant agreement/Contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be place on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution_
Department of Management and Budget:
Approved. — Laurie Van Pelt (9/10/2013)
Department of Human Resources:
Approved.. — Karen Jones (9/10/2013)
Risk Management and Safety:
Approved by Risk_ Management. — Robert Erlenbeck (9/10/2013)
Corporation Counsel:
I have reviewed the above-referenced Grant Acceptance language and I see no outstanding legal issues or
concerns for the County.
If you have any further questions or concerns, please don't hesitate to contact me directly.
— Ahmed M. Roby (9/16/2013)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of the
specifically cited compliance related documents for this grant.
Environmental Protection Agency regulations (40 C.F.R. Part 1)
http://--w .access_gpo.gov/nara/cfriwaisidx 05/40cal 05.html
Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d)
IrttP://www-lisdoi.govicrticor/coord/titIevigat.htm
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.dol.gov/oasarniregs/statutes/sec504.htm
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107
Ettio://www.dol.govioasamfre2sfstatates/age act.htm.
BF - 00E01208 -0 Paoe 1
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U.S. ENVIRONMENTAL
PROTECTION AGENCY
Cooperative Agreement
GRANT NUMBER (FAIN): 00E01208
MODIFICATION
CODE:
NUMBER: 0
PROGRAM BF
i
DATE OF AWARD
OB/28/2013
TYPE OF ACTION
New
MAILING DATE
09/04/2013
PAYMENT METHOD:
ASAP
ACH#
50272
RECIPIENT TYPE:
County r
Send Payment Request to:
Las Vegas Finance Center
RECIPIENT: PAYEE:
Oakland County Michigan
2100 Pontiac Lake, 41 West
1
Waterford, Nil 48328-2762
EIN: 38-6004876
Oakland County Michigan
2100 Pontiac Lake, 41 West
Waterford, MI 48328-2762
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Brad Hansen
2100 Pontiac Lake, 41 West
Waterford, MI 48328-2762
E-Mail: hansenb@oakgov.com
Phone: 248-858-8073
Matthew Didier
77 West Jackson Blvd., SE-7J
Chicago, IL 60604-3507
E-Mall: DidierMatthew@epagov
Phone: 312-353-2112
Krista Galvin
Assistance Section, MC-10J
E-Mail: Galvin.Krista@epa.gov
Phone: 312-353-4872
PROJECT TITLE AND DESCRIPTION
Brownfield Assessment Grant for Oakland County
Oakland County, Michigan, will be performing brownfield environmental assessments at sites contaminated with hazardous substances and/or petroleum.
BUDGET PERIOD
10/01/2013 - 09/30/2016
PROJECT PERIOD
10/01/2013 - 09/30/2016
TOTAL BUDGET PERIOD COST
$600,000.00
TOTAL PROJECT PERIOD COST
$600,000.00
NOTICE
Based on your Application dated 07/11/2013 including all modifications and amendments,
Protection Agency (EPA) hereby awards $600,000. EPA agrees to cost-share
total federal funding of $600,000. Recipients signature is not required on this
by either: 1) drawing down funds within 21 days after the EPA award or amendment
and conditions within 21 days after the EPA award or amendment mailing date.
the authorized representative of the recipient must fumish a notice of disagreement
amendment mailing date. In case of disagreement, and until the disagreement
award/amendment, and any costs incurred by the recipient are at its own risk.
applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms
OF AWARD
the United States
100.00% of all approved
acting by and through the US Environmental
budget period costs incurred, up to and not exceeding
demonstrates its commitment to carry out this award
not filing a notice of disagreement with the award terms
with the terms and conditions specified in this award,
Official within 21 days after the EPA award or
should not draw down on the funds provided by this
to applicable EPA statutory provisions. The
this agreement and any attachments.
agreement. The recipient
mailing date; or 2)
If the recipient disagrees
to the EPA Award
is resolved, the recipient
This agreement is subject
and conditions of
SSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION I ADDRESS — U.S. EPA Region 5
Mail Code MCG10J
77 West Jackson Blvd.
Chicago, IL 60604-3507
U.S. EPA, Region 5
Superfund Division
77 West Jackson Blvd., S-6J
Chicago, IL 60604-3507
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Kenneth Tindall - Acting Associate Director Resources Management DATE
I 08/28/2013
EPA In-Kind Amount
Unexpended Prior Year Balance
Other Federal Funds
Recipient Contribution
State Contribution
$ $ 0
$
$ 0
$ 0
$ 0
OAKLAND
OAKLAND
Site Name
1305STX0281
1305STX028
FY Approp.
Code
Budget
Organization
Fisca
05F3AG7I 301D79
05F3AG71 301D79XBP
41141
4114
Site/Project
G5EYNY0
G5EYORO
Cost
Organization
Obligation /
Deoblioation
600,00
500,00
100,00
EPA Funding information
BF - 00E01208 -0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action
$ 600,000 $ 600,000
Local Contribution
$ o
Other Contribution
$ 0
Allowable Project Cost
$ 0 I $ 600,000
$ 600,000
Assistance Program (CFDA)
[
..66.818 - Brownfields Assessment and Cleanup
Cooperative Agreements
Statutory Authority
CERCLA: Sec. 101(39)
CERCLA: Sec. 104(k)(2)
Regulatory Authority
40 CFR PART 31
BF - 00E01208 - 0 Page 3
Budget Summary Page
Table A - Object Class Category
(Non-construction)
_ Total Approved Allowable
Budget Period Cost _
1. Personnel $0
2. Fringe Benefits $0
3. Travel $3,000
4. Equipment $0
5. Supplies $0
6. Contractual $597,000
7. Construction $0
8. Other SO
9 Total Direct Charges $600,000
10. Indirect Costs: % Base $0
11. Total (Share: Recipient 0.00% Federal 100.00 %.) $600,000
12. Total Approved Assistance Amount $600,000
13. Program Income $0
14. Total EPA Amount Awarded This Action $600,000
15. Total EPA Amount Awarded To Date $600,000
BF - 00E01208 - 0 Page 4
Administrative Conditions
1. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIED REQUIREMENTS
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.cciegov ).
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 865-705-5711) or the Internet (currently
at httb://fedgov.dnb.corn/webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part
25, subpart a
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 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").
c. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
5. Subrecibient 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. CIVIL RIGHTS OBLIGATIONS
GENERAL
This term and condition incorporates by reference the signed assurance provided by the recipient's
authorized representative on: 1) EPA Form 4700-4, "Preaward Compliance Review Report for All
Applicants and Recipients Requesting EPA Financial Assistance"; and 2) Standard Form 424B or
Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient
to comply fully with applicable civil rights statutes and implementing EPA regulations.
STATUTORY REQUIREMENTS
In camjing out this agreement, the recipient must comply with:
Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and
national origin, including limited English proficiency (LEP), by entities receiving Federal financial
assistance.
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with
disabilities by entities receiving Federal financial assistance; and
The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal
financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with:
• Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in
education programs and activities operated by entities receiving Federal financial assistance.
if this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must
also comply with:
Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits
discrimination on the basis of sex in CWA-funded programs or activities.
REGULATORY REQUIREMENTS
The recipient agrees to comply with all applicable EPA civil rights regulations, including:
For Title IX obligations, 40 C.F.R. Part 5; and
For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7.
As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these
regulations establish specific requirements including maintaining compliance information,
establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of
non-discrimination.
TITLE VI — LEP, Public Participation and Affirmative Compliance Obligation
As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to
provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees
to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental
Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at
httolffniveboate.access.qpadovIcqi-bin/qetdoc.cdi?dbname=2004 redister&docid=fr251n04-79.pd
If the recipient is administering permitting programs under this agreement, the recipient agrees to
use as a guide OCR's Title VI Public involvement Guidance for EPA Assistance Recipients
Administering Environmental Permitting Programs. The Guidance can be found at
httb://edocketaccess.epo.gov/20061pdff06-2691.bdf.
In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to
implement effective Title VI compliance programs and ensure that its actions do not involve
discriminatory treatment and do not have discriminatory effects even when facially neutral. The
recipient must be prepared to demonstrate to EPA that such compliance programs exist and are
being implemented or to otherwise demonstrate how it is meeting its Title VI obligations.
3. CONSULTANT CAP
Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients or by a recipients contractors or subcontractors shall be limited to the
maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually.
This limit applies to consultation services of designated individuals with specialized skills who are paid at a
daily or hourly rate. As of January 1, 2013, the limit is $596.00 per day and $74.50 per hour. This rate
does not include transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this 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(j) or 30.27(b).
4. COPYRIGHTED MATERIAL
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other
recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or
other data developed under this assistance agreement for Federal purposes.
Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal
employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for
the Government; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and
local governments that carry out delegated Federal environmental programs as "co-regulators" or act as
official partners with EPA to carry out a national environmental program within their jurisdiction and; (6)
Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of
EPA's authorization to the other grantee to use the copyrighted works or other data.
Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted
works Or other data or;
b. termination or expiration of this agreement.
In addition, EPA may authorize another grantee to use copyrighted works or other data developed with
Agency funds provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
5. DBE PART 31 ACCEPTING GOALS - PROJECT GRANTS
UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises in 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 (MBENVBE) participation in procurement under the financial
assistance agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of
all of the recipient's non-TAG assistance agreements from EPA in the current fiscal year is
$250,000, or more. The recipient accepts the applicable MBENVBE fair share objectives/goals
negotiated with EPA by the Michigan Department of Environmental Quality as follows:
Combined Rates: MBE 2%; WBE 6%
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 Michigan Department of Environmental Quality.
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own IVIBEANBE fair share objectives/goals. If the
recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to
submit proposed MBENVBE 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 IVIBE/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 closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
NVBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBENVBE 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 MBENVBEs are counted toward a
recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the
periods ending March 31rt and September 30th for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,
Subpart A and Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30 u, and October 3e). Reports should be sent to
Adrienne M. Callahan, Region 5 MBENVBE Coordinator
USEPA, Acquisition and Assistance Branch
77 West Jackson Boulevard (MC-10J)
Chicago, IL 60604
Final IVIBEWBE reports must be submitted within 90 days after the project period of the
grant ends. Your grant cannot be officially closed without all MBE/WBE 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.coviosbp
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.
6. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536
Subpart B. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 2 CFR
Part 1536 Subpart C.
The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E.
Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at
httb://ecfeopoaccess.qovicgift/text/text-idx?c=ecfr&sid=701081165f70316effa8ebf67df73de0&rgri=div5&vi
ew=text&node=2:1.2.11.11.2&idno=2.
7. HOTEL-MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not
required), or to find other, information about the Act.
8. LOBBYING AND LITIGATION
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
9. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges' refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
10. RECYCLED PAPER - PART 31 RECIPIENTS - STATE, TRIBES & LOCAL GOVERNMENTS
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007), 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.
11, RECYCLED PRODUCTS - STATE AGENCIES AND POLITICAL SUBDIV/SIONS
Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds
shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the
course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
12. REIMBURSEMENT LIMITATION
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as
shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving
additional funds from EPA, it does so at its own risk.
13. SINGLE AUDIT ANNUAL REPORTING REQUIREMENT
In accordance with OMB Circular A-133, which implements the Single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor, if it expends $500,000 or more in total
Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days
after receiving the report from the auditor, the recipient shall submit the SF-SAC and a Single Audit Report
Package. The recipient MUST submit the SF-SAC and a Single Audit Report Package; using the Federal Audit Clearinghouse's Internet Data Entry System. For complete information on how to
accomplish the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site:
http://harvester.census.gov/fac/
14. SUBAWARD REPORTING
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular
A-133 and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward
costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities;
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations, statutes, and terms and conditions which flow down in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international organization, or a
subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be
found at http://www.epa.00v/opd/ouide/subaward-nolicy-part-2.pdf . Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of
OMB Circular A-133 can be found at hftp://vvvvw.epa.poviodd/guide/subawards-appendix-b.pdf and http://www.whitehouse.poviomb/circulars/a133/a 133. htmi.
c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward
competitions.
15. SUBAWARDS AND EXECUTIVE COMPENSATION
a. Reporting of first-tier subawancis.
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 e 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.00v.
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 vvww.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
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), 780(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.govianswers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.l. of this award term:
i. As part of your registration profile at voinv.ccr.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 subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if –
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its 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 (and
subawards); and
ii 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), 780(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/answersiexecomp.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:
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. Entity 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;
H. 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. Subaward:
i. 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.
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").
A subaward may be provided through any legal agreement, including an agreement that you
or a subrecipient considers a contract.
4. Subrecioient 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 norioash 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.
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.
16. SUSPENSION & DEBARMENT: 2 CFR PART 1532
Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants
Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2
CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as
described in Subpart B of 2 CFR Part 180, entitled 'Covered Transactions," includes a term or condition
requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a
similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that
failing to disclose the information required under 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipients may access suspension and debarment information at hftp://www.sam.gov . This system
allows recipients to perform searches determining whether an entity or individual is excluded from
receiving Federal assistance. This term and condition supersedes EPA Form 5700-49, "Certification
Regarding Debarment, Suspension, and Other Responsibility Matters."
17. TRAFFICKING IN PERSONS
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not-
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you
or a subrecipient that is a private entity —
i. is determined to have violated a prohibition in paragraph al of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award
to have violated a prohibition in paragraph a.1 of this award term through conduct that is
either—
(A) Associated with performance under this award; or
(B) Imputed to you or 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 Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our Agency at 2 CFR 1532.
b. Provision applicable to a recipient other than a private entity . We as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
1. is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is
either-
i. Associated with performance under this award; OF
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 Govemmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 2 CFR 1532
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph al of this award term in any subaward you
make to a private entity.
d. Definitions . For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the
project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and
not compensated by you including, but not limited to, a volunteer or individual whose services
are contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage,
or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 CFR 175.25.
ii Includes:
(A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 CFR
17525(b).
(B) A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings
given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
18. UNLIQUIDATED OBLIGATIONS - INTERIM FFR PART 31 RECIPIENTS
Submission of interim Federal Financial Reports
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit an annual Federal Financial
Report (SF-425) to EPA no later than 90 calendar days following the end of the reporting quarter.
The following reporting period end dates shall be used for interim reports: 9/30.
At the end of the project, the recipient must submit a final Federal Financial Report to EPA no later than
90 calendar days after the end of the project period. The form is available on the internet at
http:/lwww.epa.gov/financial/.
All FFRs must be submitted to the Las Vegas Finance Center:
or by Fax to: 702-798-2423;
or via email at LVF'C-Grants@epa.gov .
USEPA LVFC
4220 S. Maryland Pkwy
Bldg C, Ste 503
Las Vegas, NV 89119
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with
this term and condition.
Pro.qrammatic Conditions
1.
GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible
activities under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) §104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment,
and planning relating to brownfield sites as described in the EPA approved work plan,
A. Federal Policy and Guidance
1. a Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has
approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal
Year 2013 competition for Brownfields assessment cooperative agreements. However, the CAR
may not expend ("draw down") funds to carry out this agreement until EPA's award official
approves the work plan.
b. In implementing this agreement, the CAR shall ensure that work done with cooperative
agreement funds complies with the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) § 104(k) The CAR shall also ensure that
assessment activities supported with cooperative agreement funding comply with all applicable
Federal and State laws and regulations,
c. The recipient must comply with Federal cross-cutting requirements. These requirements
include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker
Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic
Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean
Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations
at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC §
327-333) the Anti Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973
as implemented by Executive Orders 11914 and 11250.
d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S.
Department of Labor (DOL) regulations for all construction, alteration and repair contracts and
subcontracts awarded with funds provided under this agreement. Activities conducted under
assessment grants generally do not involve construction, alteration and repair within the meaning
of the Davis-Bacon Act. The recipient must contact EPA's Project Officer if there are unique
circumstances (e.g. removal of an underground storage tank or another structure and restoration
of the site) which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry
out with funds provided under this agreement. The Agency will provide guidance on Davis-Bacon
Act compliance if necessary.
B. Eligible Brownfields Site Determinations
1. a. The CAR must provide information to EPA about site-specific work prior to incurring any costs
under this cooperative agreement for sites that have not already been pre-approved in the CAR's work
plan by the EPA. The information that must be provided includes whether or not the site meets the
definition of a brownfield site as defined in § 101(39) of CERCLA, the identity of the owner, the date of
acquisition, and whether the CAR is the potentially responsible party under CERCLA 107 and/or has
defenses to liability.
b. If the site is excluded from the general definition of a brownfield, but is eligible for a
property-specific funding determination, then the CAR must provide information sufficient for EPA
to make a property-specific funding determination, The CAR must provide information on how
financial assistance will protect human health and the environment, and either promote economic
development or enable the creation of, preservation of, or addition to parks, greenways,
undeveloped property, other recreational property, or other property used for nonprofit purposes.
The CAR must not incur costs for assessing sites requiring a property-specific funding
determination by EPA until the EPA Project Officer has advised the CAR that the Agency has
determined that the property is eligible.
2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA
approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring
costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brown fields Assessment Grants dated September 2012 for discussion of this
element) documenting that:
(1) a State has determined that the petroleum site is of relatively low risk, as compared to
other petroleum-only sites in the State,
(2) the State determines there is "no viable responsible party" for the site;
(3) the State determines that the person assessing or investigating the site is a person
who is not potentially liable for cleaning up the site; and
(4) the site is not subject to any order issued under section 9003(h) of the Solid Waste
Disposal Act.
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
Documentation must include (1) the identity of the State program official contacted, (2)
the State official's telephone number, (3) the date of the contact, and (4) a summary of
the discussion relating to the state's determination that the site is of relatively low risk, that
there is no viable responsible party and that the person assessing or investigating the site
is not potentially liable for cleaning up the site. Other documentation provided by a State
to the recipient relevant to any of the determinations by the State must also be provided to
the EPA Project Officer.
C. If the State chooses not to make the determinations described in 2.a. above, the CAR
must contact the EPA Project Officer and provide the information necessary for EPA to
make the requisite determinations.
d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfields
sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as
defined at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact
the EPA Project Officer and provide the information necessary for EPA to make the
determinations described in 2.a. above.
IL GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
1. The term of this agreement is three years from the date of award, unless otherwise extended by
EPA at the CAR's request.
2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, the recipient must implement a corrective
action plan approved by the EPA PO or EPA may terminate this agreement for material
non-compliance with its terms. For purposes of assessment grants, the recipient demonstrates
"sufficient progress" when 35% of funds have been drawn down and obligated to eligible activities.
Examples of' sufficient progress" include procuring an environmental consultant and having
contracted for at least one Phase I report; having EPA approval of a QAPP, if environmental
sample collection is part of the scope of the approved CA work plan; when sites are prioritized or
an inventory has been initiated, if necessary.
3. For assessment coalition grants, a Memorandum of Agreement must be in place prior to the
expenditure of any funds.
4. Assessment funding for an eligible brownfield site may not exceed $200,000 unless a waiver has
been granted by EPA. Following the granting of .a waiver, funding is not to exceed $350,000 at
the site.
B. Substantial involvement
1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement.
a. Substantial involvement by EPA generally includes administrative activities such as
monitoring, reviewing project phases, and approving substantive terms included in
professional services contracts.
b. Substantial EPA involvement also includes brownfields property-specific funding
determinations described in I.B. under Eligible Brown fields Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical
assistance from EPA on which sites qualify as a brownfieid site and determine whether
the statutory prohibition found in section 104(k)(4)(13)(1)(1V) of CERCLA applies. This
prohibition precludes the subgrantee from using EPA funds to assess a site for which the
subgrantee is potentially liable under § 107 of CERCLA. (See Section II.C.3 for more
information on subgrants.)
C. Substantial EPA involvement may include reviewing financial and environmental status
reports; and monitoring all reporting, record-keeping, and other program requirements.
d. EPA may waive any of the provisions in term and condition II.B.1., with the exception of
property-specific funding determinations. EPA will provide waivers in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this cooperative
agreement, will not have any effect upon CERCLA § 128 Eligible Response Site
determinations or rights, authorities, and actions under CERCLA or any Federal statute.
The CAR remains responsible for ensuring that all assessments are protective of human•
health and the environment and comply with all applicable Federal and State laws.
C. The CAR and its subgrantees remain responsible for incurring costs that are allowable
under the applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a
professional on staff.
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients
and contractors comply with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR 31.36. The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages
awarding subgrants competitively and the CAR must consider awarding subgrants through competition.
4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received
under this grant, or in combination with any other previously awarded Brownfields Assessment grant does
not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of
this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding
exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver.
CARs expending funding from a community-wide assessment grant on a particular site must
include such funding amount in any total funding expended on the site.
D. Quarterly Progress Reports
1 . The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly
progress reports must include:
a. Summary of approved activities performed during the reporting quarter, summary of the
performance outputs/outcomes achieved during the reporting quarter, a description of
problems encountered during the reporting quarter that may affect the project schedule
and a discussion of meeting the performance outputs/outcomes.
b. An update on project schedules and milestones.
c. A list of the properties where assessment activities were performed and/or completed
during the reporting quarter.
d. A budget recap summary table with the following information: current approved project
budget; costs incurred during the reporting quarter costs incurred to date (cumulative
expenditures); and total remaining funds.
The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended on specific properties under this cooperative agreement.
3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems,
delays, or adverse conditions become known which will materially impair the ability to meet the
outputs/outcomes specified in the approved work plan.
E. Property Profile Submission
1. The CAR must report on progress, including final accomplishments (i.e., assessment completed,
cleanup required, contaminants, Institution Controls, Engineering Controls) by completing and
submitting relevant portions of the Property Profile Form using the Brownfields Program on-line
reporting system, known as Assessment, Cleanup and Redevelopment Exchange System
(ACRES). The CAR must enter the data in ACRES as soon as the interim action or final
accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA will
provide the CAR with training prior to obtaining access to ACRES. The training is required to
obtain access to ACRES. The CAR must utilize the ACRES system unless approval is obtained
from the regional Project Officer to utilize the Property Profile Form.
F. Final Report
1, The CAR must submit a final report at the end of the period of performance in order to finalize
the closeout of the grant. This final report must capture the site names, what work was done at
each site and how much was spent at each site. It should also provide information that
documents the outreach efforts done by the CAR and other activities that help explain how and
where the funding was utilized.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the work plan, cooperative agreement funds may be used for
eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach.
Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions.
In addition, such eligible programmatic expenses may include:
a. Determining whether assessment activities at a particular site are authorized by CERCLA
§ 104(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws, as required by CERCLA § 104(k);
c. Using a portion of the grant to purchase environmental insurance for the
characterization or assessment of the site. Funds may not be used to purchase
insurance intended to provide coverage for any of the Ineligible Uses under
Section 111.B.
d. Any other eligible programmatic costs, including direct costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing subgrants
to the extent allowable under Ill. B. 2.; and carrying out community involvement pertaining
to the assessment activities.
2. Local Governments only No more than 10% of the funds awarded by this agreement may be
used for brownfield program development and implementation (including monitoring of health and
institutional controls) as described in the EPA approved work plan. The CAR must maintain
records on funds that used to carry out its EPA approved work plan to ensure compliance with this
requirement
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Cleanup activities;
Development activities that are not brownfields assessment activities (e.g., construction of a
new facility);
c. Job training unrelated to performing a specific assessment at a site covered by the grant;
d. To pay for a penalty or fine;
e. To pay a federal cost share requirement (for example, a cost-share required by another Federal
grant) unless there is specific statutory authority;
f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is
potentially liable under CERCLA § 107;
g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the assessment; and
h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.
2. Under CERCLA § 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars.
a. Ineligible administrative costs include costs incurred in the form of salaries, benefits,
contractual costs, supplies, and data processing charges, incurred to comply with most
provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR
Part 31. Direct costs for grant administration, with the exception of costs specifically
identified as eligible programmatic costs, are ineligible even if the grant recipient is
required to carry out the activity under the grant agreement.
b. Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for brownfields grants;
(2) Record retention required under 40 CFR 31.42;
(3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 31.32 and 31.33;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and
other activities required under 40 CFR 31.30;
(5) Maintaining and operating financial management systems required under 40 CFR 31;
(6) Preparing payment requests and handling payments under 40 CFR 31.21;
(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and
(8) Close out under 40 CFR 31.50.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b. Facilities subject to unilateral administrative orders, court orders, administrative orders on
consent or judicial consent decree issued to or entered by parties under CERCLA;
c. Facilities that are subject to the jurisdiction, custody or control of the United States
government except for land held in trust by the United States government for an Indian
tribe; or
d. A site excluded from the definition of a brownfields site for which EPA has not made a
property-specific funding determination.
4. The CAR must not include management fees or similar charges in excess of the direct costs or at
the rate provided for by the terms of the agreement negotiated with the EPA. 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 that are not allowable under EPA assistance agreements. 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.
C. Interest -Bearing Accounts and Program Income (NOTE: This term is typically not applicable
to Assessment Grants.)
1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of this
agreement. Program income for the assessment CAR shall be defined as the gross income received by
the recipient, directly generated by the cooperative agreement award or earned during the period of the
award. Program income includes, but is not limited to, fees charged for conducting assessment, site
characterizations, clean up planning or other activities when the costs for the activity is charged to this
agreement.
2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an interest
bearing account.
a. For interest earned on advances, CARs are subject to the provisions of 40 OFF §31.21(i) to
remitting interest on advances to EPA on a quarterly basis.
b. Interest earned on program income is considered additional program income.
c. The CAR must disburse program income (including interest earned on program income
before requesting additional payments from EPA as required by 40 CFR 31.21(f).
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
'1. Prior to conducting or engaging in any on-site activity with the potential to impact historic
properties (such as invasive sampling), the CAR shall consult with EPA regarding potential
applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in
complying with any requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
1. When environmental samples are collected as part of the brownfields assessment, the CAR shall
comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance
practices sufficient to produce data adequate to meet project objectives and to minimize data loss.
An EPA approved Quality Assurance Project Plan (QAPP) must be prepared prior to any data
collection activities. In addition, site-specific sampling and analysis plans (SAPs) must be
approved by the EPA Project Officer prior to the commencement of any field work. SAPs must be
submitted at a minimum of 2 weeks prior to planned field work, unless otherwise agreed to by the
EPA Project Officer. State law may impose additional QA requirements.
C. Compietion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA approved
work plan. This must be done through a final report or letter from a qualified environmental professional,
or other documentation provided by a State or Tribe that shows assessments are complete.
D. All Appropriate Inquiry
1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a
Phase I site characterization and assessment carried out under this agreement will be performed
in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the
practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment:
Phase I Environmental Site Assessment Process," or EPA's Alf Appropriate Inquiries Final Rule
"All Appropriate Inquiries Rule: Reporting Requirements arid Suggestions on Report Content",
(Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for
additional site characterization and assessment activities that may be necessary to characterize
the environmental impacts at the site or to comply with applicable State standards.
2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must
comply with 40 C.F.R. Part 312 and must, at a minimum, include the information below. All MI
reports submitted to EPA Project Officers as deliverables under this agreement must be
accompanied by a completed "Reporting Requirements Checklist" that EPA's Project Officer will
provide to the recipient The checklist also is available to grantees on the EPA website at
wvvw.eoa.govibrownfields.
a. An opinion as to whether the inquiry has identified conditions indicative of releases or
threatened releases of hazardous substances, and as applicable, pollutants and
contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the
subject property.
b. An identification of "significant" data gaps (as defined in 40 C.F.R. 312.10), if any, in the
information collected for the inquiry. Significant data gaps include missing or unattainable
information that affects the ability of the environmental professional to identify conditions
indicative of releases or threatened releases of hazardous substances, and as applicable,
pollutants and contaminants, petroleum or petroleum products, or controlled substances, on,
at, in, or to the subject property. The documentation of significant data gaps must include
information regarding the significance of these data gaps.
c. Qualifications and signature of the environmental professional(s). The environmental
professional must place the following statements in the document and sign the document:
• "[I, We] declare that, to the best of [my, our] professional knowledge and belief, [I, we]
meet the definition of Environmental Professional as defined in §312.10 of this part."
- "[I, We] have the specific qualifications based on education, training, and experience to
assess a property of the nature, history, and setting of the subject property. [I, Wej have
developed and performed the all appropriate inquiries in conformance with the standards and
practices set forth in 40 CFR Part 312."
Note: Please use either "I" or "We."
d. In compliance with §312.31(b), the environmental professional must include in the final report
an opinion regarding additional appropriate investigation , if the environmental
professional has such an opinion.
3. EPA may review checklists and AAI final reports for compliance with the AAI regulation
documentation requirements at 40 CFR part 312 (or comparable requirements for those using
ASTM Standard 1527-05). Any deficiencies identified during an EPA review of these documents
must be corrected by the recipient within 30 days of notification. Failure to correct any identified
deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 40
CFR 31.43(a)(2). if a recipient willfully fails to correct the deficiencies the Agency may consider
other available remedies under 40 CFR 31.43 and 2 CFR Part 180.
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of
suborants that create real or apparent personal conflicts of interest, or the CAR's appearance of Jack of
impartiality. Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor, or other individual associated with the CAR (affected party) approves or
administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other
interest. Such a conflict of interest or appearance of lack of impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrarit recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value
from subgrant recipients. Recipients may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by
State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or
other disciplinary actions for violations of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
1. The CAR may request payment from EPA pursuant to 40 CFR §31.2 (c).
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when
it determines that all applicable administrative actions and all required work of the grant have been
completed.
2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial,
performance, and other reports required as a condition of the grant.
a. The CAR must submit the following documentation:
1. The Final Report as described in 11.F.
2. A Final Federal Financial Report (FFR SF425). Submitted to:
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bid C, Rm 503
Las Vegas, NV 89119
Fax: (702) 798-2423
Lvfc-grants@epagov
(http://www.epa.goviocfoffinservices/payinfo.html)
3. A Final MBENVBE Report (EPA Form 5700-52A). Submitted to the regional office.
b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property
Profile Forms are submitted to the Region.
The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered)
cash advanced that is not authorized to be retained for use on other grants.
2. ENVIRONMENTAL RESULTS - RECIPIENT PERFORMANCE REPORTING
Recipients subject to 40 C.F.R. Part 31 (other than recipients of State or Tribal Program grants
under 40 C.F.R. Parts 35 Subparts A or B)
Performance Reports:
In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance reports that include brief
information on each of the following areas: 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement workplan for the period; 2) the reasons for
slippage if established outputs/outcomes were not met; and 3) additional pertinent information, including,
when appropriate, analysis and information of cost overruns or high unit costs.
In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays
or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes
specified in the assistance agreement work plan.
3. FOOD & REFRESHMENTS
Unless the event(s) and all of its components (i.e., receptions, banquets and other activities that take
place after normal business hours) are described in the approved workplan, the recipient agrees to obtain
prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings,
conferences, training workshops, and outreach activities (events). The recipient must send requests for
approval to the EPA Project Officer and include:
(1) An estimated budget and description for the light refreshments, meals, and/or beverages to be
served at the event(s);
(2) A description of the purpose, agenda, location, length and timing for the event.
(3) An estimated number of participants in the event and a description of their roles.
Recipients may address questions about whether costs for light refreshments, and meals for events are
allowable to the recipient's EPA Project Officer. However, the Agency Award Official or Grant
Management Officer will make final determinations on allowability. Agency policy prohibits the use of EPA
funds for receptions, banquets and similar activities that take place after normal business hours unless the
recipient has provided a justification that has been expressly approved by EPA's Award Official or Grants
Management Officer.
Note: U.S. General Services Administration regulations define light refreshments for morning, afternoon or
evening breaks to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit,
pretzels, cookies, chips, or muffins. (41 CFR 301-74.11)
GEOSPATIAL DATA STANDARDS
All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC)
endorsed standards. Information on these standards may be found at wvvw.fgdc.gov .
5. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
Recipients and subrecipients are subject to the program accessibility provisions of Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7, which includes an obligation to provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or
participate in a program, including those offered through electronic and information technology ('EIT"). In
compliance with Section 504, EIT systems or products funded by this award must be designed to meet the
diverse needs of users (e.g., U.S. public, recipient personnel) without barriers or diminished function or
quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology. At this time, the EPA will consider a recipient's
websites, interactive tools, and other ElT as being in compliance with Section 504 if such technologies
meet standards established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194.
While Section 508 does not apply directly to grant recipients, we encourage recipients to follow either the
508 guidelines or other comparable guidelines that concern accessibility to HT for individuals with
disabilities. Recipients may wish to consult the latest Section 508 guidelines issued by the US Access
Board or W3C's Web Content Accessibility Guidelines (WCAG) 2.0(see
hftp://www.access-board.govisec508/guiclefindex.htm).
6, NATIONAL HISTORIC PRESERVATION ACT
Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such
as invasive sampling or cleanup), the grantee shall consult with EPA regarding potential applicability of the
National Historic Preservation Act and, if applicable shall assist EPA in complying with any requirements
of the Act and implementing regulations.
2013 OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF MUNICIPALITY]
The 2013 Oakland County Brownfield Consortium Agreement ("the Agreement") is entered into
between the County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 ("County"), and the [Name and Address of Municipality], a Michigan
Iviunicipal Corporation ("Municipality"). In this Agreement the County and the Municipality may also
be referred to individually as "Party" or jointly as "Patties".
PURPOSE OF AGREEMENT. Prior to the effective date of this Agreement, the County and the cities
of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and Pontiac (collectively known as the
"Oakland County Brownfield Consortium") formed a -coalition to apply for an the Environmental
Protect Agency ("EPA") 2009 Brownfield Coalition Assessment Grant Subsequently, the City of
Southfield joined the Consortium, and the Consortium applied for the EPA 2013 Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the 2013
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding. for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites.
The County was aWarded a Six hundred thousand dollar ($600,000.00) Brownfield Coalition Assessment
Grant to be used by the Consortitmi. On (insert date) the EPA and the County entered into a
Cooperative, Agreement, Number [insert number], with respect to the six hundred thousand dollar
($600,000.00) Brownfield Coalition Assessment Grant.
The 2013 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grant funds.
Therefore, pursuant to the 2013 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2013 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number [insert number].
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows:
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2013 OAKLAND COUNTY BROW1VFIELD CONSORTIUM AGREEMENT — FINAL
Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum,
1.2. Claim means any and all losses, complaints, demands for relief, damages, lawsuits, causes of
action, proceedings, judgments, deficiencies, penalties, costs and expenses arising under or
relating to this agreement, including, but not limited to, reimbursement for reasonable
attorney fees, witness fees, court costs, investigation, litigation expenses, amounts paid in
settlement, and/or any other amount for which either Party becomes legally and/or
contractually obligated to pay a third party, whether direct, indirect, or consequential,
whether based upon any alleged violation of the constitution (federal or state), any statute,
rule, regulation, or the common law, whether in law or equity, tort, contract, or otherwise,
and/or whether commenced or threatened.
1.3. Cooperative Agreement means the agreement awarded to the County by the Environmental
Protection Agency Number [insert number] and attached as Exhibit A to this Agreement.
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipalitl means the . a Michigan Municipal Corporation including, hut not
limited to, its Council, Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents. subcontractors, attorneys, volunteers, and/or any such
persons successors.
1.7. Oakland County BrownfieidE Consortium or Consortium means the coalition formed by
the County and the cities of Famiington Hills, Ferndale, Hazel Park, Madison Heights,
Pontiac, and Southfield for the pm -poses of applying for and perfoiniance of the 2013
Brownfield Coalition Assessment Grant.
1.8. Project Manager means the individnal designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A — Cooperative Agreement, Number [insert number], between the County and the
EPA
3. COUNTY RESPONSIBILITIES.
Page 2
2013 OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
3.1. The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2013 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
3.3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2013 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely, reports regarding the management of
the Cooperative Agreement.
37' County shall have quarterly meetings for the Consortium.
3.8. The Project Manager and the County shall determine the brownfield sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the brownfield
site(s) chosen by the Project Manager and 'Inc County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and nemiating and executing a contract with the consultant.
4. MUNICIPALITY RESPONSIBILITIES.
4.1. The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall thllow the 2013 Guidelines for Brownfield Assessment Grants.
4.3. The MunicipalitY shall deSignate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine bmwnfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant.
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.1. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement, the Cooperative Agreement,
the 2013 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
Page 3
2013 OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
5.2. The Municipality shall be allocated sixty thousand dollars ($60,000.00) to be used to assess
brownfield sites in its geographic area.
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30, 2016, unless teaminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7. ASSURANCES/LIABTLITY.
7.1. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities perfoimed under this
Agreement, including but not limited to the Cooperative Agreement and the 2013 Guidelines
for Brownfield Assessment Grants.
7.2. Each Party shall be responsible for any Claims mace against that Party by a third party, and
for the acts of its employees or agents, arising under or related to this Agreement.
7.3. In any Claims that may arise under or relate to this agreement, each Party shall seek its own
legal representation and bear the costs associated with such representation, including any
attorney fees.
7.4. A Party who is non-compliant with this .Agreement, the Cooperative Agreement, the 2013
Guidelines for Brownfield Assessment Grants or any applicable federal, state, and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7.5. Except as otherwise provided in this Agreement, neither Party shall have any right under any
legal principle to . be. indemnified by the other Party or any of its employees or agents in
connection with any Claim.
7.6. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the temis and conditions
contained herein.
8. TERNIINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
teunination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
Page 4
2013 OAKLAND COUNTY BROWNFIYLD CONSORTIUM AGREEMENT — FINAL
that Party has pursuant to the 2013 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium at the County' s discretion.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, tem.'s, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT . Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this .Agreement without the prior written consent of the
other Party.
4. NO IMPLIED WAIVER. Albsent a written•v,aiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of ibis Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court. of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in fall force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neutral genders, and any possessive or nonpossessive use in
this Agreement shall be deemed the appropriate plurality, gender or possession as the context
requires.
Page 5
2013 OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County. Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan ,
48328.
17.2. If Notice is sent to the Municipality, it shall be addressed to:
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change
18. GOVERNING LAW. This Agree:Merit:shall be goverried, 'interpreted, and enforced by the laws, of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in y,riung and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the ntire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against an Party.
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on
-behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and
conditions of this Agreement.
EXECUTED:
DATE:
Chairperson
Oakland County Board of Commissioners
WITNESSED:
DATE:
Clerk/Register of Deeds
County of Oaldand
[Municipality Signature Block]
Page 6
2013 OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
FY 2014
$600,000
$600,000
$597,000
$ 3,000
$600 000
E•fNANCE COMMITTEE
FISCAL NOTE (mISC. #13260) October 2, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY
AFFAIRS- ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. Oakland County has been awarded Brownfield Consortium Assessment Grant
from U.S. Environmental Protection Agency in the amount of $600,000.
2. The cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, Pontiac
and Southfield in the Consortium will each receive $60,000 to perform
environmental investigations and Oakland County will receive the balance of
$240,000 to perform environmental investigations on Brownfield sites located in
other County municipalities not associated as part of the Consortium.
3. The funding period for the Brownfield Assessment grant is October 1, 2013
through October 1,2016.
4. No County Match is required.
5. FY 2014 Budget Amendment is recommended as follows:
Grant Fund #29412 Grant #GR0000000659
Budget Reference 2014
Revenues
1090201-174220-610313 Grants-Federal
Total Revenue
Expenditures
1090201-174220-731458 Prof Svcs
1090201-174220-732018 Travel
Total Expenditures
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
Resolution #13260 October 2, 2013
Moved by Hoffman Supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
/0
I HEREBY APPROV;4;OLUTION
CHIEF DEPLrry COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 2,
2013, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 2 nd day of October 2013.
Lisa Brown, Oakland County