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Home My WebLink AboutResolutions - 2005.11.10 - 27957MISCELLANEOUS RESOLUTION #05269 November 10, 2006 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS / WASTE RESOURCE MANAGEMENT UNIT - ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD ASSESSMENT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #99252, "Board of Commissioners - Amendments to the Grants Procedures", the Waste Resource Management Unit of the Department of Economic Development and Community Affairs applied to the United States Environmental Protection Agency (EPA) for a grant to perform Environmental assessment work on Brownfield properties in the amount of $400,000; and WHEREAS the EPA has awarded Oakland County a $400,000 grant, the same amount as the application, for the period starting in 2005; and WHEREAS funds will be used to reimburse the County for all grant administrative support as well as administration for oversight of cleanups and loan capitalization; and WHEREAS grant funds will cover 100% of the program cost, no General Fund/General Purpose appropriation is required; 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 Assessment grant from the U.S. EPA in the amount of $400,000. 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. BE IT FURTHER RESOLVED that the Fiscal Year 2006 Special Revenue budget be amended to reflect this new award. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE: Motion carried unanimously on a roll call vote with Molnar absent. n 'Brad Hansen From: Wayne Keller [kellerw@co.oakland.mi.us] Sent: Monday, October 24, 2005 10:10 AM To: Hansen, Brad Subject: FW: GRANT REVIEW - Economic Development and Community Affairs Original Message From: Greg Givens [mailto:givensg@co.oakland.mi.us] Sent: Monday, October 24, 2005 10:10 AM To: Doyle, Larry; Law, Tom; Keller, Wayne Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW - Economic Development and Community Affairs GRANT REVIEW - Economic Development and Community Affairs GRANT NAME: Brownfield Assessment - Hazardous Materials / Petroleum Agreement FUNDING AGENCY: US Environmental Protection Agency DEPARTMENT CONTACT PERSON: Thomas Law / 8- 2113 STATUS: Acceptance DATE: October 24, 2005 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. 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 email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Department of Management and Budget: Approved.- Laurie Van Pelt (10/11/2005) Department of Human Resources: Approved. - Nancy Scarlet (10/13/2005) —Risk-Managemen-t-and-Sa Approved By Risk Management - Julie Secontine (10/17/2005) Corporation Counsel: I have reviewed the Brownfield Assessment-Hazardous Material/Petroleum- Cooperative Agreement with the US EPA. I hereby approve the same on behalf of Corporation Counsel. Mary Mara (10/24/2005) 1 rely yours, \lost* UNITED STATES ENVIRONMENTAL PROTECTION AGENCY tis REGION 5 tk11111") 77 WEST JACKSON BOULEVARD ct CHICAGO, IL 60604-3590 1:4t pRolt? REPLY TO THE ATTENTION OF S-6J SEP 27 20E6 Bill Bullard, Jr. Oakland County 1200 N. Telegraph Road Pontiac, Michigan 48341 RE: Superfund Cooperative Agreement No. BF96583801-0 Dear Mr. Bullard: I have reviewed your organization's application requesting $400,000, in funding for a Brownfield Redevelopment Cooperative Agreement (CA). By this Assistance Agreement, I am approving federal funding in the amount of $400,000. The budget and project periods for this CA extend through September 30, 2007. This award is subject to the terms and conditions set forth in the enclosed Cooperative Agreement document. Please sign, date and return the original and two [2] copies of this Agreement to the Acquisition and Assistance Branch, at the above address, within 21 days from the date of this letter. appreciate your participation in the U. S. Environmental Protection Agency Brownfields initiative. If you have any questions about this action, please contact me, or have your staff contact the Project Officer, Craig S. Mankowski, at [312] 886-9493, _4„, Richard C. Karl, Director Superfund Division Enclosure Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer) BF - 96583801 -0 Pace 1 ASSISTANCE ID NO adD st.v. U.S. ENVIRONMENTAL PRG 1 DOC ID 1AMEND# DATE OF AWARD z. irk .G TYPE O sEp 2 7 20e5 i varf § PROTECTION AGENCY BF - F ACTION 96583801 - 0 A CH# PAYMENT METHOD: elt, I NI D4Ali05 Cooperative Agreement New 44 mugs ASAP 2675645 RECIPIENT TYPE: Send Payment Request to: County Comptroller Branch, MF-10J RECIPIENT: PAYEE: County of Oakland Michigan County of Oakland Michigan 1200 N. Telegraph Rd. 1200 N. Telegraph Rd. Pontiac, MI 48341 Pontiac, MI 48341 EIN: 38-6004676 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Thomas Law Craig Mankowski Karen Sykes 1200 N. Telegraph Rd. 77 West Jackson Blvd., SM-5J Assistance Section, MC-10J Pontiac, MI 48341 Chicago, IL 50604-3507 E-Mail: sykes.karen@epamaiLepa,gov E-Mall: lawt@co.oakland.mi.us E-Mail: Mankowski.Craig@epamaiLepa.gov Phone: (312) 886-7571 Phone: 248-858-2113 Phone: (312) 886-9493 PROJECT TITLE AND DESCRIPTION OAKLAND COUNTY GOVERNMENT - BROWNFIELD INITIATIVE Oakland County will provide assessment activities for Hazardous substances and Petroleum under this Cooperative Agreement. Identify, inventory and assess brownfield sites within Oakland County, Michigan, BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 09/30/2005 - 09/3012007 0913012005 - 09/3012007 $400,000.00 $400,000.00 ......n.--. NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the County of Oakland Michigan for 100.00 % of all approved costs incurred up to and not exceeding _ $400,000 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 07/13/2005 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA Region 5 U.S. EPA, Region 5 Mail Code MCG10J Superfund Division, S-6J 77 West Jackson Blvd. 77 West Jackson Blvd. Chicago, IL 60604 7 Chicago, IL 60604-3507 HE' IT--, S - TES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY 40' Mk -SIGNATO .1- I r 2,1 /1,,, • EDWRGIE-AND-TITLE ir '2, Richard C. Karl, Director, Superfund Divison This agree <nt is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations( In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Bill Bullard Jr., Chairperson Board of COmmissioners _ EPA Funding Information BF - 96583801 - 0 Page 2 FY DCN 05 STX047 STX047 PRC 402079E 402079EBP FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL , EPA Amount This Action $ $ 400,000 $ 400,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ S $ 0 _ Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 400,000 S 400,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Cooperative Agreements CERCLA: Sec. 104(k)(3) Fiscal Site Name OAKLN-1-IZAS OAKLN-PTAS Approp. Code E4 E4 Budget Organization 0500AG7I 0500AG7 Object Class 4114 4114 Site/Project G55CONBil G55DORBI-1 Cost Organization Obligation Deobligation 200,000 200,000 400,000 4. CONTRACTUAL • 5. OTHER 6. 7. • 8. 9. 10. 11. Total (Share: Recip % Fed %) 12. Total Approved Assistance Amount PETROLEUM $150,0001 $3,500 I $1 $1 $1 $1 $1 $200,0001 1. POERSONNEL $39,500i $4,0001 $3,5001 $150,0001 $3.0001 2. TRAVEL 3. SUPPUES 4. CONTRACTUAL 5. OTHER BF - 96583801 -o Page 3 • Budget Summary Page . Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $79,500 2. Fringe Benefits $0 3. Travel $7,500 4. Equipment $0 5. Supplies $6,500 6. Contractual $300,000 7. Construction $0 8. Other $6,500 9. Total Direct Charges $400,000 10. Indirect Costs: % Base SO. 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $400,000. 12. Total Approved Assistance Amount $400,000 13. Program Income $0 HAZARDOUS SUBSTANCE Table B - Program Element Classification 1 Total Approved Allowable I (Non-construction) Budget Period Cost 1 ._ . .... 1. PERSONNEL $40,000! 2. TRAVEL 1 $3,5001 , 3. SUPPLIES ___i $3,0011 Table B - Program Element Classification Total Approved Allowable Budget Period Cost (Non-construction) 7. 1 8. 9. 10. 11. Total (Share: Recip % Fed %) 12. Total Approved Assistance Amount $200,0001 $200,000 ..cs D sr, , - .1."S', UNITED STATES ENVIRONMENTAL PROTECTION AGENCY i ilk ti REGION 5 i .tora, r,, 77 WEST JACKSON BOULEVARD v.i.„,.. .1 CHICAGO, IL 60604-3590 -1( pRoTa" REPLY TO THE ATTENTION OF 5-6J SEP 27 20E6 Bill Bullard, Jr. Oakland County 1200 N. Telegraph Road Pontiac, Michigan 48341 RE: Superfund Cooperative Agreement No. BF96583801-0 Dear Mr. Bullard: I have reviewed your organization's application requesting $400,000, in funding for a Brownfield Redevelopment Cooperative Agreement (CA). By this Assistance Agreement, I am approving federal funding in the amount of $400,000. The budget and project periods for this CA extend through September 30, 2007. This award is subject to the terms and conditions set forth in the enclosed Cooperative Agreement document. Please sign, date and return the original and two [2] copies of this Agreement to the Acquisition and Assistance Branch, at the above address, within 21 days from the date of this letter. I appreciate your participation in the U. S. Environmental Protection Agency Brownfields initiative. If you have any questions about this action, please contact me, or have your staff contact the Project Officer, Craig S. Mankowski, at [312] 886-9493. Richard C. Karl, Director ‘-) Superfund Division Enclosure Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer) EPA PROJECT OFFICER RECIPIENT: County of Oakland Michigan 1200 N. Telegraph Rd. Pontiac, MI 48341 EIN: 38-6004876 PROJECT MANAGER County of Oakland Michigan 1200 N. Telegraph Rd. Pontiac, MI 48341 PAYEE: EPA GRANT SPECIALIST ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) ORGANIZATION / ADDRESS U.S. EPA Region 5 Mail Code MCG10J 77 West Jackson Blvd. Chicago, IL 60604,497 AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS U.S. EPA, Region 5 Superfund Division, S-6J 77 West Jackson Blvd. Chicago, IL 60604-3507 HEA,;' IT-A STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY ,1- r rti jr" '••"; ' ifiL ri'PEDNAMk Any it Richard C, Kari, Director, Superfund Divison DATE TYPED NAME AND TITLE Bill Bullard Jr., Chairperson Board of COmmissioners SIGNATURE B'F -96583801 0 Page 1 elk k 1,227) p011 RECIPIENT TYPE: County U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. PRG I DOC ID IAMEND# BF - 96583801 - 0 TYPE OF ACTION New PAYMENT METHOD: ASAP Send Payment Request to: Comptroller Branch, MF-1DJ DATE OF AWARD se 27 405 ,IONI-ING DATE OCT 0 4 2005 ACH# 2675645 Thomas Law 1200 N. Telegraph Rd. Pontiac, Ml 48341 E-Mail: lawt@co.oakland.mi.us Phone: 248-858-2113 Craig Mankowski 77 West Jackson Blvd., SM-5J Chicago, IL 60604-3507 E-Mail: Mankowski.Craig@epamail.epa.gov Phone: (312) 886-9493 Karen Sykes Assistance Section, MC-10J E-Mail: sykes.karen@epamail.epa.gov Phone: (312) 886-7571 PROJECT TITLE AND DESCRIPTION OAKLAND COUNTY GOVERNMENT - BROWNFIELD INITIATIVE Oakland County will provide assessment activities for Hazardous substances and Petroleum under this Cooperative Agreement. assess brownfield sites within Oakland County, Michigan. Identify, inventory and BUDGET PERIOD 0913012005 - 0913012007 PROJECT PERIOD 09/30/2005 - 09130/2007 TOTAL BUDGET PERIOD COST $400,000.00 TOTAL PROJECT PERIOD COST $400,000.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the County of Oakland Michigan for 100.00 % of all approved costs incurred up to and not exceeding $400,000 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 07/13/2005 included herein by reference. This agreeffent is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations'. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION EPA Funding Information BF 96583801 -O Page 2 DCN STX047 STX047 05 PRC 402D79E 402D79EBP Object Class 4114 4114 FUNDS FORMER AWARD — THIS ACTION AMENDED TOTAL, EPA Amount This Action $ $ 400,000 $ 400,000 EPA In-Kind Amount $ S $ 0- Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ SO Recipient Contribution $ $ $ 0 State Contribution S $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 400,000 $ 400,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Cooperative Agreements CERCLA: Sec. 104(03) Fiscal Site Name OAKLN-HZAS OAKLN-PTAS Approp. Code E4 E4 Budget Organization 0500AG7 0500AG7 Site/Project G55CONEsti G55DORBH Cost Organization Obligation! Deobligation 200,000 200,000 400,000 Table B - Program Element Classification (Non-construction) HAZARDOUS SUBSTANCE 1. PERSONNEL 2. TRAVEL 3. SUPPLIES 4. CONTRACTUAL 5. OTHER 6. ; 7. 8. 9. 10. _ 11. Total (Share: Recip % Fed %) 12. Total Approved Assistance Amount PETROLEUM Total Approved Allowable Budget Period Cost 1 $40,000i $3,500. _$3,0001 $150,000] $3,5001 $1 $1 $ $ ' $200,000.; $39,500] $4,0001 $3,5001 $150,0001 $3,000 1 _11 - 96583801 - 0 Page 3 Budget Summary Page . Table A- Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $79,500 2. Fringe Benefits $0 3. Travel $7,500 4. Equipment $0 5. Supplies $6500 6. Contractual $300,000 7. Construction $0 8. Other $8,500 9. Total Direct Charges $400,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $400,000 12. Total Approved Assistance Amount 8400,000 13. Program Income $0 Table B - Program Element Classification , Total Approved Allowable Budget Period Cost (Non-construction) 1. POERSONNEL 2. TRAVEL 3. SUPPLIES 4. CONTRACTUAL 5. OTHER 6 7. SI $1 11. Total (Share: Recip % Fed 11/.) $200,000 12. Total Approved Assistance Amount $200,0001 BF 96583801 .0 Page 4 Administrative Conditions TERMS AND CONDITIONS THIS AWARD IS IN RESPONSE TO THE RECIPIENTS APPLICATION SUBMITTED JULY 13, 2005. 1. LOBBYING AND LITIGATION In accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the recipient agrees that it will not use project funds, including the Federal and non-Federal share, to engage in lobbying the Federal Government or in litigation against the United States. The recipient also agrees to provide the EPA Form 5700-53, Lobbying and Litigation Certificate as mandated by EPA's annual appropriations act. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The certification must be submitted in accordance with the instructions provided by the EPA award official and is due 90 days after the end of the project period. 2. DEBARMENT AND SUSPENSION Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions." Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, 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 40 CFR 32.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at http://epls.arnet.qov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 3. MBE/WBE In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to: a) Accept the applicable FY 2006 "fair share" goals negotiated with EPA by the State as follows: MBE WBE Combined Rate 3% • 5% if-the-recipiari.t-does-Aot-walatio-r.ely-saappilicable StaiP's-MBEANEF gnals,_tbp naoinipnt aorpps tn submit proposed MBEANBE goals based on availability of qualified minority and women-owned businesses to do work in relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the MBEANBE Coordinator, within 30 days of award and approved by EPA no later than 30 days thereafter. b) Ensure to the fullest extent possible that at least the FY 2006 "fair share" objective [see a) above] of Federal funds for prime contractors or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. Include in bid documents "fair share" objectives of 2006 fair share percentage [see a) above] and require all of its contractors to include in their bid documents for subcontracts the negotiated fair share percentages. d) Follow the six affirmative steps stated in 40 CFR 30.44(b) 40 CFR 31.36(e), 35.3145(d), or 35.6580, as appropriate. e) For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, submit an EPA Form 5700-52A, "MBENVBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year. f) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/WBEs, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective. Until the recipient has completed its fair share negotiations with EPA, it agrees to maintain state Agency's fair share objectives. Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY 2006 "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 2006 "fair share" percentages and to comply with paragraphs (c) through (e) above. 4. MULTI-YEAR GRANT An interim Financial Status Report must be submitted annually within 90 days following the end of each 12-month period. A final FSR must be submitted within 90 days after the end of the budget and project periods. AU final FSRs must be submitted to the EPA Grants Specialist as identified on page one of this Assistance Agreement. 5. 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. 6. PROCUREMENT OF RECYCLED PRODUCTS 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. 7. PUBLIC ACCOMMODATION The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 1990. 8. RECYCLED PAPER In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition , the recipient agrees to use recycled paper 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. Please note that Section 901 of E.O. 13101, dated September 14,1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. 9, REPORTING - QUARTERLY Programmatic status reports will be submitted to U.S. EPA on a quarterly basis, within 30 days following the end of the quarter. Financial Status reports will be submitted annually, 45 days after the anniversary date of the award. Final financial status reports will be submitted when all encumberances are liquidated. In describing the work accomplished during the reporting period, recipients are encouraged to describe related brownfields efforts in their quarterly reports; however, the report must clearly delineate which tasks are funded by the cooperative agreement and which items are funded from other sources. g) 10. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs); a. Placing SBRAs on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps in subparagraphs a. through e. of this condition. 11. 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. Programmatic Conditions Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) applyto brownfields grants under CERCLA 104(k) and do not apply to pre-FY 2003 grants subject to 104(d). I. 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 scope of work. A. Federal Policy and Guidance 1.a. Cooperative Agreement Recipients: In implementing this agreement, the cooperative agreement recipient (CAR) shall insure that work done with cooperative agreement funds any costs under till 5r111=TaVe-ITOrn vcreerrure;-aumu veu agree DODerE • 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. b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate requirements under the Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part" with funds provided under this agreement. If the CAR uses funds awarded under this agreement to contract for construction, repair or alteration work, it must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction, alteration or repair contract. c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. d. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR 31.36(e) or 40 CFR 30.44(b); 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. B. Eligible Brownfields Site Determinations 1.a. The CAR must provide information to EPA about site-specific work prior to incurring the CAIZ'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, and the date of acquisition. 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 sufficient information on how fmancial 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. 2a. 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 Brownfields Assessment, Revolving Loan Fund and Cleanup Grants for discussion of this element): (1) that a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (2) that the State determines there is "no viable responsible party" for the site; (3) that 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) that 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 the identity of the State program official contacted, the State official's telephone number, the date of the contact, and 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 a person who 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 must also make all determinations on the eligibility of petroleum contaminated brownfielniterlocated -Prrindlartributiands7—Priurtaincm.rinTrosts-fm-these-sitesTthe-e-Ait 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 two years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 1 1/2 years from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the Agency may terminate this agreement. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver. B. Substantial Involvement 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; review of project phases; and approval of substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in LB. under Eligible Brownfields 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 brownfield site and determining whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) 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. 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 ELBA., 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 for 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 subgrantees remain responsible for incurring costs that are allmablemnderthrapplicabfrOMTheircutars -. 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 are consistent with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. 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 46 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. (Note: Cooperative Agreement Recipients 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 (30 days after the end of each Federal fiscal quarter) to the EPA Project Officer, The progress reports must document incremental progress at achieving the project goals and milestones. Quarterly progress reports must include: a. Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes. b. An update on project milestones. c. A budget recap summary page with the following headings: Current Approved Budget; Costs Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds. d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated brownfields sites. e. Recipient quarterly reports must clearly identify which activities performed during the reporting period were undertaken with EPA funds, and must relate EPA-funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where assessment activities were --compteted. 71) thr-extent -consistentrith-thr-EPA-approverl-scape of work for this agreement, activities undertaken with EPA funds to be included in quarterly performance and financial reporting may include: 1. Acres per property 2. Assessments completed 3. No cleanup required 4. Types of contaminants assessed 5. Acres of greenspace to be created/preserved 6. Number of properties with one or more engineering/institutional controls 7. Redevelopment underway 8. Funds leveraged 9. Jobs leveraged 10. Health monitoring studies, insurance, institutional controls funded . 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific sites under this grant. 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended by the CAR at petroleum sites identified in the EPA approved scope of work. 4. The CAR must complete and submit relevant portions of the Property Profile Form (available at http://www.epa.goy/brownfields/pubs/rptforms.htm or from the EPA Project Officer) reporting the commencement of a Phase I assessment, the expenditure of $1,000 or more of grant funds at a property or the completion of a property assessment. The CAR must submit the updated Property Profile Form reflecting such events within 30 days after the end of the Federal fiscal quarter in which the event occurred. 5. 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. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the scope of work, 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 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 subgants to the extent allowable under ifi. 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 Task of the EPA approved scope of work. The CAR must maintain records on funds that will be used to carry out Task_ of its EPA approved scope of work to ensure that no more than 10% of its funds are used for brownfield program development and implementation (including monitoring of health and institutional controls). 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 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-Brcrwrifields- gi ants- (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 Inds 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. C. Interest -Bearing Accounts and Program Income 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 (e.g., fees) in an interest bearing account. a. Interest earned on advances, CARs are subject to the provisions of 40 CFR §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. IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. 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. State law may impose additional QA requirements. B. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA approved scope of work. 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. C. 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 r site characterization and assessment carried out under this agreement will be performed in accordance with ASTM standard E1527-2000 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," until EPA promulgates final federal standards governing the conduct of "all appropriate inquiry." After EPA promulgates final regulations governing the conduct of all appropriate inquiry, Phase I site characterizations and assessments will have to be conducted in compliance with the final regulations. 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. 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 subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack 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 subgrant 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 §31.21(c). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to brownfields grants under CERCLA 104(k) and do not apply to pre-FY 2003 grants subject to 104(d). I. 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 scope of work. A. Federal Policy and Guidance a. Coonerative Agreement Recipients: In implementing this agreement, the cooperative agreement recipient (CAR) shall insure 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. b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate requirements under the Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part" with funds provided under this agreement. If the CAR uses funds awarded under this agreement to contract for construction, repair or alteration work, it must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction, alteration or repair contract. c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors Labor Relations on Federal and Federally Funded Construction Projects. d. The recipient must comply with Federal cross-cutting requirements. These requit enientrinc1udetutare-no1-1imited-to;MB-EWBE-requirements-found-at-40 CFR 31,36(e) or 40 CFR 30.44(b); 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, 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 D gad EU COI i tac,Lec 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, and the date of acquisition. 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 sufficient 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 forBrownfields Assessment, Revolving Loan Fund and Cleanup Grants for discussion of this element): (1) that a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (2) that the State determines there is "no viable responsible party" for the site; (3) that 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) that 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-:—D-arïiuentztturrrtrsrinchrdnh-e-i-dzntity-trfthrSt ate-p the State official's telephone number, the date of the contact, and 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 a person who 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 must also make all determinations on the eligibility of petroleum contaminated brownfield sites located on Indian tribal lands. Prior to 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 two years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 1 1/2 years from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the Agency may terminate this agreement. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver. B. Substantial Involvement 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; review of project phases; and approval of substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I.B. under Eligible Brownfields 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 brownfield site and determining whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the suburantee from using PPA funds to assess a site for which the subgrantee is potentially liable under §107 of CERCLA. 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 for 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 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 havc such a WOICH1011a1 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 are consistent with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. 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. (Note: Cooperative Agreement Recipients expending funding from a community-wide assessment grant on a particular site must include such funding amount in any total -fiat-ding experdzct-tyrrthe-sitr) D. Quarterly Progress Reports 1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each Federal fiscal quarter) to the EPA Project Officer. The progress reports must document incremental progress at achieving the project goals and milestones. Quarterly progress reports must include: a. Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes. b. An update on project milestones. c. A budget recap summary page with the following headings: Current Approved Budget; Costs Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds. d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated brownfields sites. e. Recipient quarterly reports must clearly identifr which activities performed during the reporting period were undertaken with EPA funds, and must relate EPA-funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where assessment activities were completed. To the extent consistent with the EPA approved scope of work for this agreement, activities undertaken with EPA funds to be included in quarterly performance and financial reporting may include: 1. Acres per property 2. Assessments completed 3. No cleanup required 4. Types of contaminants assessed 5. Acres of greenspace to be created/preserved 6. Number of properties with one or more engineering/institutional controls 7. Redevelopment underway 8. Funds leveraged 9. Jobs leveraged 10. Health monitoring studies, insurance, institutional controls funded 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific sites under this grant. 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended by the CAR at petroleum sites identified in the EPA approved scope of work. 4. The CAR must complete and submit relevant portions of the Property Profile Form (available at http://www.epa.gov/brownfields/pubs/rptforms.htm or from the EPA Project Officer) reporting the commencement of a Phase I assessment, the expenditure of $1,000 or more of grant funds at a property or the completion of a property assessment. The CAR must submit the updated Property Profile Form reflecting such events within 30 days-afterthe-end-of the- - • - . • - -hich-the-event occurred. 5. 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. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the scope of work, 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 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 M. B. 2.; and carrying out community involvement pertaining to the assessment activities. 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 subgrant is potentially liable under CERCLA §107; 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 I04(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, g. 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: Facilities listed, or proposed for listing, on the National Priorities List (NFL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under 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 brovvnfields site for which EPA has not made a property-specific funding determination. C. Interest -Bearing Accounts and Program Income 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, a. 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 (e.g., fees) in an interest bearing account. a. Interest earned on advances, CARs are subject to the provisions of 40 CFR §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. IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. 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. State law may impose additional QA requirements. B. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA approved scope of work. 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. C. 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 r site characterization and assessment carried out under this agreement will be performed in accordance with ASTM standard E1527-2000 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," until EPA promulgates-final federarstandards -governingthe-eundarturall-appropriateinquiry." After-- EPA promulgates final regulations governing the conduct of all appropriate inquiry, Phase I site characterizations and assessments will have to be conducted in compliance with the final regulations. 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. 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 subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack 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 subgrant 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 §31.21(c). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. FISCAL NOTE (MISC.-105269) November 10, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - WASTE RESOURCE MANAGEMENT UNIT - ACCEPTANCE OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD 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. The resolution authorizes acceptance of a Brownfield Assessment Cooperative Agreement Grant from the U.S. Environmental Protection Agency in the amount of $400,000. 2. The grant award provides funding in the amount of $200,000 for Hazardous Material Assessment and $200,000 for Petroleum Assessment. 3. Grant funding will reimburse the County for administrative support and oversight of cleanups and loan capitalization. 4. Specifically, grant funding will be utilized for assessment activities at Brownfield sites within Oakland County contaminated by hazardous materials and petroleum, including site inventory and selection, site assessment, and outreach and redevelopment activities. 5. The award is the same amount as the grant application. 6. The grant period is September 30, 2005 through September 30, 2007. 7. No County match funding or General Fund/General Purpose appropriation is required for the grant. 8. Acceptance of the grant does not obligate the County to any future commitments. 9. The FY 2006 Special Revenue Budget for the Brownfield Assessment #2 Fund is amended as follows: Revenue (29415-1090105-174220) 610313 Grants - Federal $400,000 Expenditure (29415-1090105-174220) 702010 Petroleum/Salaries $ 26,245 722740 Petroleum/Fringe Benefits 13,255 731073 Petroleum/Legal Services 3,000 731458 Petroleum/Prof. Services 150,000 732018 Petroleum/Travel & Conference 4,000 750399 Petroleum/Office Supplies 3,500 702010 Haz.Material/Salaries 26,575 722740 Haz.Material/Fringe Benefits 13,425 731073 Haz.Material/Legal Services 3,500 731458 Haz.Material/Prof. Services 150,000 732018 Haz.Material/Travel & Conference 3,500 750399 Haz.Material/Office Supplies 3,000 $400,000 $ -0- FINANCE COMMITTEE 6- 1( .4€-Cf7 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton and Jamian absent. Resolution #05269 November 10, 2005 Moved by Moss supported by Coleman the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted), AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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, 2005, 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, 2005. Ruth Johnson, County Clerk c,"'i1 iJU .th