HomeMy WebLinkAboutResolutions - 2016.11.10 - 22676MISCELLANEOUS RESOLUTION #163_06 November 10,2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT
GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS 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 and been
awarded United States Environmental Protection Agency (EPA) Brownfield Consortium Assessment
Grant funding in the amount of $600,000 to perform environmental assessment work on Brownfield
properties for the period September 1, 2016 through September 1,2019; 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 Cities in the consortium will enter into sub recipient agreements with Oakland County
pertaining to this grant; and
WHEREAS each city in the consortium will have $60,000 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 completed the Grant Review Process in accordance with 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 for the period
September 1, 2016 through September 1, 2019.
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.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the sub recipient
agreements with the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, Pontiac and
Southfield and to approve grant changes and extensions, within 15 percent of the original award, which
are consistent with the original sub recipient agreement.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
LANT111 & BIDINe,y14-T1EE
\ I
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Economic Development and
Community Affairs
GRANT NAME: 2016 Oakland County Brownfield Consortium Assessment Grant
FUNDING AGENCY: U.S. Environmental Protection Agency
DEPARTMENT CONTACT PERSON: Brad Hansen 858-8073
STATUS: Grant Acceptance
DATE: October 17, 2016
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The 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 REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (1016/2016)
Department of Human Resources:
HR Approved (No Committee). — Lori Taylor (10/6/2016)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (10/10/2016)
Corporation Counsel:
Upon review of the Grant Acceptance documents, I see no legal reason why the Grant cannot be accepted.
— Ahmed M. Roby (10/17/2016)
From:
To:
Cc;
Subject:
Date:
Van Pelt, Laurie Ni
West, Catherine A; Taylor, Lori; Davis, Patricia G; Schultz, Dean
Hansen Bradley 3; Lee, Shannon L; Tinsley, Monica E
RE: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County Brownfield
Consortium Site Assessment Grant - Acceptance
Thursday, October 06, 2016 3:12:30 PM
Approved.
From: West, Catherine A
Sent: Thursday, October 6, 2016 2:45 PM
To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean
Cc: Hansen, Bradley 3; Lee, Shannon L; Tinsley, Monica E
Subject: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County
Brownfield Consortium Site Assessment Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor Dean Schultz — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Economic Development and Community Affairs
2016 Oakland County Brownfield Consortium Site Assessment Grant
U.S. Environmental Protection Agency
Attached to this email please find the grant document(s) to be rev iewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with
supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: October 13, 2016
GRANT INFORMATION
Date: 10/6/2016
Operating Department: Economic Development and Community Affairs
Department Contact: Brad Hansen
Contact Phone: 248-858-8073
Document Identification Number: 00E02004
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: 9/01/16 through 9/01/19
Original source of funding: CFDA 66.818
Will you issue a sub award or contract: Yes Farmington Hills, Ferndale, Hazel Park, Madison
Heights, Pontiac, Southfield
From:
To;
Cc:
Subject:
Date:
Taylor, Lori
West, Catherine A; Van Pelt, Laurie M; Davis, Patricia G; Schultz, Dean 3
Hansen, Bradley 3; Lee, Shannon L; Tinsley, Monica E
RE: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County Brownfield
Consortium Site Assessment Grant - Acceptance
Thursday, October 06, 2016 4:55:25 PM
HR Approved (No Committee)
From West, Catherine A
Sent: Thursday, October 06, 2016 2:45 PM
To; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean 3
Cc: Hansen, Bradley 3; Lee, Shannon L; Tinsley, Monica E
Subject; GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County
Brownfield Consortium Site Assessment Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor — Dean Schultz Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Economic Development and Community Affairs
2016 Oakland County Brownfield Consortium Site Assessment Grant
U.S. Environmental Protection Agency
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with
supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: October 13, 2016
GRANT INFORMATION
Date: 10/6/2016
Operating Department: Economic Development and Community Affairs
Department Contact: Brad Hansen
Contact Phone: 248-858-8073
Document Identification Number: 00E02004
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: 9/01/16 through 9/01/19
Original source of funding: CFDA 66.818
Will you issue a sub award or contract: Yes - Farmington Hills, Ferndale, Hazel Park, Madison
Heights, Pontiac, Southfield
From:
To:
Cc:
Subject:
Date:
Erlenbeck, Robert C
West, Catherine A; Van Pelt, Laurie M; Taylor, Lot Davis, Patricia G; Schultz, Dean
Ha nsen Bradley 3; Lee, Shannon L; Tinsley, Monica E
RE: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County Brownfield
Consortium Site Assessment Grant - Acceptance
Monday, October 10, 2016 2:02:37 PM
Approved by Risk Management. R.E. 10/10/16.
From: Easterling, Theresa
Sent: Friday, October 07, 2016 7:26 AM
To: West, Catherine A; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean J
Cc: Hansen, Bradley J; Lee, Shannon L; Tinsley, Monica E
Subject: RE: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County
Brownfield Consortium Site Assessment Grant - Acceptance
Please be advised that your request for Risk Management's assistance has been assigned
to Bob Erlenbeck, (ext. 8-1694). If you have not done so already, please forward all related
information, documentation, and correspondence. Also, please include Risk Management's
assignment number, RM17-0012, regarding this matter.
Thank you.
From: West, Catherine A
Sent: Thursday, October 06, 2016 2:45 PM
To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean J
Cc: Hansen, Bradley J; Lee, Shannon L; Tinsley, Monica E
Subject: GRANT REVIEW: Economic Development and Community Affairs - 2016 Oakland County
Brownfield Consortium Site Assessment Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS— Laurie Van Pelt — Lori Taylor — Dean Schultz — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE Economic Development and Community Affairs
2016 Oakland County Brownfield Consortium Site Assessment Grant
U.S. Environmental Protection Agency
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with
supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: October 13, 2016
GRANT INFORMATION
From;
To:
Cc:
Subject;
Date:
Roby, Ahmad ret
West, Catherine A
Hansen, Bradley ]
RE: 2016-0651-01 2016 Oakland County Brownfield Consortium Site Assessment - Grant Acceptance
Monday, October 17, 2016 9:30:13 AM
Good Morning,
My apologies for not responding to your request before last Thursday.
Upon review of the Grant Acceptance documents, I see no legal reason why the Grant cannot be
accepted.
If you have any further questions or concerns, please don't hesitate to contact me directly.
OAKIANDTi
UNTY MIC HIGAN
Ahmad M. Roby P58665
Senior Assistant Corporation Counsel
Department of Corporation Counsel
1200 N. Telegraph Road, Bldg. 14 East
Courthouse West Wing Extension, 3rd Floor
Pontiac, Ml 48341
Phone Number: (248) 858-8640
Fax Number: (248) 858-1003
E-mail: robya@oakgov,com
PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION
This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is
protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of
Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are
advised that any dissemination, reproduction or unauthorized review of this information by persons other than
those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this
message in error, please notify the sender immediately. If you have any questions, please contact the Department
of Corporation Counsel at (248) 858-0550. Thank you for your cooperation.
From: West, Catherine A
Sent: Monday, October 17, 2016 8:59 AM
To Roby, Ahmad M
Cc: Hansen, Bradley J
Subject: FW: 2016-0651-01 2016 Oakland County Brownfield Consortium Site Assessment - Grant
Acceptance
Good Morning Anmad,
Can you please provide the status of your grant review?
Thank you,
4E1
00502004-
00' .
j.11. ..
A pa i •
U.S. ENVIRONMENTAL
PROTECTION AGENCY
Cooperative Agreement
GRANT NUMBER (FAIN); 00E02004
MODIFICATION NUMBER: 0
PROGRAM CODE: HE
DATE OF AWARD
0911512016
TYPE OF ACTION
New
MAILING DATE
09/22/2016 •
PAYIVIENT METHOD:
ASAP
AGM-
50272
RECIPIENT TYPE:
County
Send Payment Requestto:
Las Vegas Finance Center
RECIPIENT; PAYEE:
Oakland County Michigan
2100 Pontiac Lake, Building 41 West
Waterford, MI 48328
EIN: 38-6004876
Oakland County Michigan
2100 Pontiac Lake, Building 41 West
Waterford, MI 48328
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Bradley Hanson
2100 Pontiac Lake, Building 41 West
Waterford, MI 48328
E-Mail: hansenb@nakgov.com
Phone: 248-658-7998
Matthew Didier .
77 West Jackson Blvd., SB-7J
Chicago, IL 60804-3507
&Mali: didier.matthew@epa.gov
Phone: 312-363-2112
Francisca Ramos
Atsistance Section, MC-10J
E-Mail: ramos.francisra@epa,gov
Phone: 312-888-5945
. •
PROJECT TITLE AND DESCRIPTION
OAKLAND COUNTY BROWNFIELD INITIATIVE .
This project provides funding for Oakland County, Michigan to Inventory, characterize, assess, and conduct Cleanup planning and community involvement
related activities for Brownfield sites within its jurisdiction. Assessments will be done within Oakland County. Assessments and other work will support the goal
of economic development in the county.
BUDGET PERIOD
09/01/2016 - 00/01/2019
PROJECT PERIOD
09/01/2016 - 09/01/2019
TOTAL BUDGET PERIOD COST
$600,050.00
TOTAL PROJECT PERIOD COST
$600,000.00
Based on your Application dated 12/17/2015 including
Protection Agency (EPA) hereby awards $600,000.
total federal funding of $860,000. Recipient's signature
by either. 1) drawing down funds within 21 days after
and conditions within 21 days after the EPA award or
the authorized representative of the recipient must furnish
amendment mailing date. In case of disagreement,
award/amendment, and any costs incurred by the recIplant
all terms ond conditions of this agreement and any attachments.
NOTICE OF AWARD
all modikcations and amendments, the United States
EPA agrees to cost-share 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 tiling 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 regulatory and statutory provisions,
,
is not required on this agmernent. The recipient
the EPA award or amendment mailing date: or 2)
amendment mailing date, If the recipient disagrees
a notice of disagreement to the EPA Award
and until the disagreement is resolved, the recipient
are at Its own risk. This agreement is subject
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION /ADDRESS ORGANIZATION /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 60804-3507
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Bruce Sypniewski - Acting Assistant Regional Administrator DATE
00/15)2018
EPA Funding Information BF - 00E02004 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 600,000 $ 600,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ $ 0
State Contribution $ $ $ 0
Local Contribution $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 600,000 $ 600,000
' Assistance Program (MA) Statutory Authority Regulatory Authority
66,818- Brownflelds Assessment and Cleanup
—Cooperative Agreements
— . —
CERCLA: Sec, 101(39)
CERCLA: See. 104(k)(2)
2 CPR 200
2 CFR 1500 and 40 CFR 33
Fiscal
Reg No FY PRG Object
Class
Site Name Approp,
Code
Budget
Organization
Site/Project Goat
Organization
Obligation /
Deobligation
OAKLAND
OAKLAND
OAKLAND
1605STX053
1606STX053
1605STX053
E4
E4
E4D
05F4AG7 301079 4114 05EYNY00
05F4AG7 3U1D79XBP 4114 G5EYOROO
05F4AG7 301079 4114 G5EYNY00
200,000
200,000
200,000
600,000.
BF - 00E02004 - 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 $0
4. Equipment $0
5. Supplies $0
6. Contractual $600,000
7. Construction $0
8. Other $0
9. Total Direct Charges $600,000
10. Indirect Costs: % Base N/A $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
BE - 00E02004 - 0 Page 4
Administrative Conditions
GENERAL TERMS AND CONDITIONS
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa,dov/grants/epa-general-terms-and-conditions-effective-march-29-2016-or-later. These
terms and conditions are in addition to the assurances and certifications made as part of the award and
the terms, conditions or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
htto://www.epagov/ood/tc.htm.
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE)
Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33.
UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
MBEANBE REPORTING, 40 CFR, Part 33, Subpart E
MBEANBE reporting is required in annual reports. Reporting is required for assistance agreements where
there are funds budgeted for procuring construction, equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other'
category that exceed the threshold amount of $150,000, including amendments and/or modifications.
Based on EPA's review of the planned budget, this award meets the conditions above and is subject to the
Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if recipient believes
this award does not meet these conditions, it must provide [SEE DBE COORDINATOR INFO LISTED
BELOW] with a justification and budget detail within 21 days of the award date clearly demonstrating that,
based on the planned budget, this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a "MBEANBE Utilization Under Federal Grants, Cooperative
Agreements and Interagency Agreements" report (EPA Form 5700-52A) on an annual basis. All
procurement actions are reportable, not just that portion which exceeds $'150,000.
When completing the annual report, recipients are instructed to check the box titled "annual' in section 1B
of the form. For the final report, recipients are instructed to check the box indicated for the "last report' of
the project in section 1B of the form. Annual reports are due by October 30' of each year. Final reports
are due by October 301h or 90 days after the end of the project period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or budgeted
funds for procurement are required to report annually whether the planned procurements take place
during the reporting period or not, If no budgeted procurements take place during the reporting period, the
recipient should check the box in section 6B when completing the form.
MBEANBE reports should be sent to
Adrianne M. Callahan, Region 5 MBE/WBE Coordinator
USEPA, Acquisition and Assistance Branch
77 West Jackson Boulevard (MC-10,1)
Chicago, IL 60604
The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home
Page at http://www.epa.gov/osbp/dbe rebortinhtm
This provision represents an approved deviation from the MBE/WBE reporting requirements as described
in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in
effect, including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C, and Fair
Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below,
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share
objectives for MBE and WEE participation in procurement under the financial assistance agreements.
In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives
requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE
coordinator, if they think their organization may qualify for an exemption.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA 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:
MBE: CONSTRUCTION; SUPPLIES; SERVICES; EQUIPMENT 10.00%
WBE: CONSTRUCTION; SUPPLIES; SERVICES; EQUIPMENT 7.5%
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 IVIBE/WBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBENVBE 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 MBE/WEE 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 r ot 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 require 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 (a) of this section.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 31302
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.
EXTENSION OF PROJECT/BUDGET PERIOD EXPIRATION DATE
EPA has not exercised the waiver option to allow automatic one-time extensions for non-research grants
under 2 CFR 200.308 (d)(2). Therefore, if a no cost time extension is necessary to extend the period of
availability of funds (budget period), the recipient must submit a written request, including a justification as
to why additional time is needed, revised timelines and milestones, and an estimated date of completion,
to the EPA prior to the budget/project period expiration dates.
The extension request should be submitted to the EPA Project Officer with a courtesy copy to the EPA
Grants Management Specialist.
Programmatic Conditions
R5 Final Assessment Terms and Conditions
Please note that these Terms and Conditions (T&Cs) apply to Brownfields Assessment
Grants awarded under CERCLA § 104(k).
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 2016 competition for Brownfields assessment cooperative agreements,
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, DBE 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
VVater 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.
Et Eligible Brownfields Site Determinations
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 brownfielel site as defined in §
101(39) of CERCLA, whether the CAR is the potentially responsible party under CERCEA 107
and/or has defenses to liability.
h. If the site is excluded from the general definition of a brownfield, but is eligible for a
property-specific funding determination, then the CAR may request a
property-specific funding determination. In their request, the CAR must provide
information sufficient for EPA to make a property-specific funding determination 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 (refer to the latest version of
EPA's Proposal Guidelines for Brownfields Assessment Grants dated October 2015 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.
b. 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.
II. 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 Project Officer, 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; for assessment coalition grants "sufficient progress' is demonstrated when a
solicitation for services has been released, sites are prioritized or an inventory has been initiated if
necessary, community involvement activities have been initiated and a Memorandum of
Agreement (for Assessment Coalitions) is in place.
3. 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.
El. 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 1.B. under Eligible Brownfields Site Determinations
above. If the CAR awards a subaward for site assessment, the CAR must obtain
technical assistance from EPA on which sites qualify as a brownfield site and
determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of
CERCLA applies. This prohibition precludes the subrecipient from using EPA funds
to assess a site for which the subreciplent is potentially liable under § 107 of
CERCLA. (See Section 11.C.3 for more information on subawards.)
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 RBA. 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.
b. 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 subrecipients remain responsible for incurring costs that are
allowable under 2 CFR Part 200 Subpart E.
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 subrecipients comply with the terms of
their agreements with the CAR, and that agreements between the CAR and subrecipients and contractors
comply with the terms and conditions of this agreement.
3. Subawards are defined at 2 CFR 200.92. The CAR may not subaward 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 2 CFR Part 200.317 through 200.326. In addition,
EPA policy encourages awarding subawards competitively and the CAR must consider awarding
subawards 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.
5. 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.
6. Competency of Organizations Generating Environmental Measurement Data:
In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the
Competency of Organizations Generating Environmental Measurement Data under Agency-Funded
Assistance Agreements, the CAR agrees, by entering into this agreement, that it has demonstrated
competency prior to award, or alternatively, where a pre-award demonstration of competency is not
practicable, the CAR agrees to demonstrate competency prior to carrying out any activities under the
award involving the generation or use of environmental data The CAR shall maintain competency for the
duration of the project period of this agreement and this will be documented during the annual reporting
process. A copy of the Policy is available online athttp://www.epagov/femilab comp.htm or a copy may
also be requested by contacting the EPA project officer for this award.
D. Quarterly Progress Reports
1, In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.328 monitoring
and reporting program performance ), the CAR agrees to submit quarterly progress reports to the
EPA Project Officer within thirty days after each reporting period, These reports shall cover work
status, work progress, difficulties encountered, preliminary data results and a statement of activity
anticipated during the subsequent reporting period, including a description of equipment,
techniques, and materials to be used or evaluated. A discussion of expenditures and financial
status for each workplan task, along with a comparison of the percentage of the project completed
to the project schedule and an explanation of significant discrepancies shall be included in the
report. The report shall also include any changes of key personnel concerned with the project.
Quarterly progress reports must clearly differentiate which activities were completed with EPA
funds provided under the BE Assessment grant, versus any other funding source used to help
accomplish grant activities.
In addition, the report shall include brief information on each of the following areas; 1) a
comparison of actual accomplishments to the anticipated outputs/outcomes specified in the
cooperative agreement work plan; 2) reasons why anticipated outputs/outcomes were not met;
and 3) other pertinent information, including, when appropriate, analysis and explanation of cost
overruns or high unit costs. The CAR agrees that it will netify EPA of problems, delays, or adverse
conditions which materially impair the ability to meet the outputs/outcomes specified in the
cooperative agreement work plan.
2. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly
progress reports must include:
a. Summary and status of approved activities performed during the reporting quarter,
summary of the performance outputs/outcomes achieved during the reporting
quarter, a description of problems encountered or difficulties 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; including an explanation of any
discrepancies from the approved workplan.
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 should include an
explanation of any discrepancies in the budget from the approved workplan,
3. 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,
4. In accordance with 2 CFR 200.328 (d) (1), 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 workplan.
E. Property Profile Submission
1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments
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 and submit the Property
Profile Form instead.
F. Community Outreach
The cooperative agreement recipient agrees to clearly reference EPA investments in the project during all
phases of community outreach outlined in the EPA-approved work plan, which may include the
development of any post-project summary or success materials that highlight achievements to which this
project contributed. Specifically:
1. Public or Media Events
The Recipient agrees to notify the EPA Project Officer listed in this award document of public or
media events publicizing the accomplishment of significant events related to construction projects
as a result of this agreement, and provide the opportunity for attendance and participation by
federal representatives with at least ten (10) working days notice.
2. Limited English Proficiency Communities
To increase public awareness of projects serving communities where English is not the
predominant language, recipients are encouraged to include in their outreach strategies
communication in non-English languages. Translation costs for this purpose are allowable,
provided the costs are reasonable.
3, Marketing Materials
If any document, fact sheet, and/or web material are developed as part of this cooperative
agreement, then they shall include the following statement' "Though this project has been funded,
wholly or in part, by EPA, the contents of this document do not necessarily reflect the views and
policies of the EPA."
G. Final Technical Cooperative Agreement Report with Environmental Results
1. In accordance with EPA regulations 2 CFR Parts 200 and 4500 (specifically, 200.328 monitoring
and reporting program performance ), the CAR agrees to submit to the EPA Project Officer within
DO days after the expiration or termination of the approved project period a final technical report
on the cooperative agreement and at least one reproducible copy suitable for printing. The final
technical report shall document project activities over the entire project period and shall include
brief information on each of the following areas: 1) a comparison of actual accomplishments with
the anticipated outputs/outcomes specified in the assistance agreement work plan; 2) reasons
why anticipated outputs/outcomes were not met; and 3) other pertinent information, including,
when appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees
that it will notify EPA of problems, delays, or adverse conditions which materially impair the ability
to meet the outputs/outcomes specified in the cooperative agreement workplan.
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 net be used to purchase
insurance intended to provide coverage for any of the Ineligible Uses under
Section III.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 subawards to
the extent allowable under III.B.2; and carrying out community involvement pertaining to the
assessment activities,
If Applicable, per approved workplan:
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 Task of the EPA approved work plan. The CAR must
maintain records on funds that will be used to carry cut the Task of its EPA approved workplan 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;
b. 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
subaward is potentially liable under CERCLA § 107;
0. 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 2 CFR Part 225 for
state, local and tribal governments, as applicable.
2. Under CERCLA § 104(k) (4) (B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under 2 CFR Part 225 for state, local and tribal
governments, as applicable.
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, Cost Principles and
Audit requirements for Federal Awards at 2 CFR 200 and 2 CFR 15011 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 2 CFR 1500.8;
(3) Record-keeping associated with equipment purchases required under 2 CFR 200.313;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and
other activities required under 2 CFR 200.308;
(5) Maintaining and operating financial management systems required under 2 CFR 200.302;
(6) Preparing payment requests and handling payments under 2 CFR 200.305;
(7) Non-federal audits required under 2 CFR 200 Subpart F; and
(8) Close out under 2 CFR 200.343.
3. Cooperative agreement funds may net 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, and 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.
C. Interest-Bearing Accounts and Program Income (If applicable)
I . In accordance with 2 CFR 1500.7, 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 2 CFR
200.305(b)(7)(ii) relating to remitting interest on advances to EPA on a quarterly
basis.
b. Interest earned on program income is considered additional program income.
e. The CAR must disburse program income (including interest earned on program
income) before requesting additional payments from EPA as required by 2 CFR
1500.8.
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 data are collected as part of the brownfields assessment, the CAR shall
comply with 2 CFR 1500.11 requirements to develop and implement quality assurance practices
sufficient to produce data adequate to meet project objectives and to minimize data loss. State
law may impose additional QA requirements.
11 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 El 527-13 "Standard Practices for Environmental Site Assessment:
Phase I Environmental Site Assessment Prccess," or EPA's All Appropriate Inquiries Final Rule
"All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content",
(Publication Number: EPA 560-F-14-003). 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 (AA') final reports produced with funding from this agreement must
comply with 40 C.E.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 "All Appropriate Inquiries Final Rule: Reporting Requirements
Checklist for Assessment Grant Recipients" (Publication Number: EPA 560-R-10-030) that EPA's
Project Officer will provide to the recipient. The checklist also is available to grantees on the EPA
website at www,epa.qev/brownfields.
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:
71, We] declare that, to the best of [my, our] professional knowledge and belief, [1 we]
meet the definition of Environmental Professional as defined in §312.10 of this part."
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,
We] 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 1527-13). 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 AA1 report as authorized by 2
CFR 200.338 through 2 CFR 200.342, If a recipient willfully fails to correct the deficiencies the
Agency may consider other available remedies under 2 CFR 200.342.
E. Completion 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.
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
subawards that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of
impartiality. Such situations include, but are net 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 subawards to a subrecipient 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 subreclpient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value
from subrecipients. 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
Assessment T&C 5/20106
. The CAR may request payment from EPA pursuant to 2 CFR 200,305.
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 2 CFR 200.343. 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 II.G. of the Assessment Terms and
Conditions,
(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
httos://www.epa.00vifinancial/arants
(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.
c. 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.
GeospatiaI 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 www.fgdo.gov .
ENVIRONMENTAL RESULTS - RECIPIENT PERFORMANCE REPORTING
All Recipients (other than recipients of State or Tribal Program grants under 40 C.F.R, Parts 35
Subparts NB and 40 CFR Part 35, Subparts K and L)
Performance Reports:
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.
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.
CYBERSECURITY - ALL OTHER RECIPIENTS BESIDES STATES & TRIBES
(a) The recipient agrees that when collecting and managing environmental data under this assistance
agreement, it will protect the data by following all applicable State or Tribal law cybersecurity
requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or information system and
EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of
this Section, a connection is defined as a dedicated persistent interface between an Agency IT system
and an external IT system for the purpose of transferring information. Transitory, user-controlled
connections such as website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental Information Exchange
Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no
later than 90 days after the date of this award and work with the designated Regional/Headquarters
Information Security Officer to ensure that the connections meet EPA security requirements, including
entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual
entry of data by the recipient into systems operated and used by EPA's regulatory programs for the
submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to
comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to
EPA networks to transfer data to the Agency using systems other than the Environmental Information
Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this
condition: by including this requirement in subaward agreements; and during subrecipient monitoring
deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has
contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA
Project Officer on behalf of a sub recipient or to be involved in the negotiation of an Interconnection
Service Agreement between the subrecipient and EPA.
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.
FISCAL NOTE (MISC . #16306) November 10, 2016
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS -
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CONSORTIUM
ASSESSMENT GRANT ACCEPTANCE
To The Oakland and 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 grant period is September 1, 2016 through September 1,2019.
4. No County Match is required.
5. FY 2017 Budget Amendment is recommended as follows:
Brownfield Consortium Assessment (#29412)
GR0000000775 Activity GLB, Analysis Type GLB, Bud Ref 2017
FY 2017
Revenue
1090201-174220-610313
Expenditure
1090201-174220-731458
Federal Operating Grants
Total Revenue
Professional Services
Total Expenditure
$600,000
$600,000
$600,000
$600,000
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford and Zack absent.
Resolution #16306 November 10, 2016
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTNE ACTING PURSUANT TO MCI 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 November 10,
2016, 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 10th day of November, 2016.
Lisa Brown, Oakland County