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HomeMy WebLinkAboutResolutions - 2020.10.21 - 33755MISCELLANEOUS RESOLUTION _#20446 October 21, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS — UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) BROWNFIELD ASSESSMENT CONSORTIUM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS 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 October 1, 2020, through September 30, 2023; 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 subrecipient agreements with Oakland County pertaining to this grant; 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 October 1, 2020, through September 1, 2023. 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 subrecipient 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 subrecipient agreement. BE IT FURTHER RESOLVED that the FY 2021 — 2023 budget is amended as follows: BROWNFIELD CONSORTIUM ASSESSMENT (#29412) FY 2021 — FY 2023 GR0000000979 Bud Ref: 2021 Activity: GLB Analysis: GLB Revenue 1090201-174220-610313 Federal Operating Grants $600,000 Total Revenue LEM 000 Expenditures 1090201-174220-730373 Contracted Services $600,000 Total Expenditure 0 00 Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing resolution. Commissioner Helaine Zackolistrict #18 Chairperson, Finance and Infrastructure Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN -OFF — Economic Development and Community Affairs GRANT NAME: FY2020 EPA Brownfield Assessment Grant FUNDING AGENCY: Environmental Protection Agency (EPA) DEPARTMENT CONTACT: Brad Hansen / (248) 858-8073 STATUS: Grant Acceptance (Greater than $10,000) DATE: 09/04/20 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign - off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B The draft resolution will need to be updated to reflect the correct BOC Committee (the Economic Growth & Infrastructure Committee no longer exists). The budget amendment information needs to be added. Also, the $600K grant award covers a multi-vear period (ie not an annual amount). —Lynn Sonkiss (09/11/20) Human Resources: HR Approved —No HR Implications —Lori Taylor (09/03/20) Risk Management: Approved by Risk Management. —Robert Erlenbeck (09/03/20) Corporation Counsel: No legal Issues, APPROVAL —Ahmad Roby (09/10/20) '9011ar"'zs U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement 9L pROiE'e'� RECIPIENT TYPE: County RECIPIENT: Oakland County Michigan 2100 Pontiac Lake, Building 41 West Waterford, MI 48328 EIN: 38-6004876 PROJECT MANAGER Brad Hansen 2100 Pontiac Lake, Building 41 West Waterford, MI 48328 E-Mail: hansenb@oakgov.com Phone: 248-858-8073 PROJECT TITLE AND DESCRIPTION Oakland County Brownfield Assessment Grant GRANT NUMBER (FAIN): MODIFICATION NUMBER: PROGRAM CODE: TYPE OF ACTION New PAYMENT METHOD: ASAP Send Payment Request to BF - OOEG2882 - 0 Pace 1 OOE02882 0 DATE OF AWARD BF 08/24/2020 MAILING DATE 08/31/2020 ACH# 50272 Research Triangle Park Finance Center PAYEE: Oakland County Michigan 2100 Pontiac Lake, Building 41 West Waterford, MI 48328 EPA PROJECT OFFICER EPA GRANT SPECIALIST Matthew Didier Donna Stingley 77 West Jackson Blvd., LB-5J Assistance Section , MA-10J Chicago, IL 60604-3507 E-Mail: Stingley.Donna@epa.gov E-Mail: Didier.Matlhew@epa.gov Phone: 312-353-1677 Phone: 312-353-2112 This Cooperative Agreement will provide funding to Oakland County, MI to inventory, characterize, assess, and conduct cleanup planning and community involvement related activities for the Brownfield sites in the Oakland County, Michigan. Oakland County will solicit input on investigation priorities from the public, inventory or identify potential sites, and conduct Phase I and Phase II environmental assessments throughout jurisdictions. Brownfelds are real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant BUDGET PERIOD 30/2023 ( PROJECT PERIOD 2023 I TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST NOTICE OF AWARD Based on your Application dated 06/29/2020 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $600,000, EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $600,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS ORGANIZATION / ADDRESS U.S. EPA Region 5 U.S. EPA, Region 5 Mail Code MA-10J Land, Chemicals & Redevelopment Division, L-17J 77 West Jackson Blvd. 77 West Jackson Blvd. Chicago, IL 60604-3507 Chicago, IL 60604-3507 THE UNITED STATES OF AMERICA BY THE J.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official William Massie - Chief, Acquisition and Assistance Branch DATE 08/24/2020 FUNDS EPA Amount This Action EPA In -Kind Amount Unexpended Prior Year Balance Other Federal Funds Recipient Contribution State Contribution Local Contribution Other Contribution Allowable Project Cost Assistance Program (CFDA) 66.818 - Brownfelds Multlpurpose —Assessment —Revolving Loan Fund —and Cleanup Cooperative Agreements EPA Funding Information FORMER AWARD $ $0 BF - OOE02882 - 0 Page 2 THIS ACTION AMENDED TOTAL' $ 600,000 $ 600,000 $ $ 0 $ $0 $ $0 $ $0 $ $0 $ $0 $ $0 $ 600,000 $ 600,000 Statutory Authority Regulatory Authority CERCLA: Sec. 101(39) 2 CFR 200 CERCIA. Sec. 104(k)(2) 2 CFR 1500 and 40 CFR 33 Consolidated Appropriations Act of 2018 (P.L. 115-141) Fiscal Site Name Req No FY Approp. Budget Code Organization 2005QEX050 2C E4 05Q3AG7 0 PRC Object Site/Project Cost Obligation / Class Organization Deobligatlon OOOD7C 4114 - - 600,OOC 600,OOC Budqet Summary Paqe Table A - Object Class Category (Non -construction) 1. Personnel 2. Fringe Benefits 13. Travel 14. Equipment 15. Supplies 16. Contractual 17. Construction 18. Other 9. Total Direct Charges 10. Indirect Costs: % Base N/A 11. Total (Share: Recipient 0.00 % Federal 100.00 112. Total Approved Assistance Amount 113. Program Income 114. Total EPA Amount Awarded This Action 115. Total EPA Amount Awarded To Date BF - OOE02882 - 0 Total Approved Allowable Budget Period Cost $01 $01 $0� $0 $01 $600,0001 $01 $01 $600,0001 $01 $600,0001 $600,0001 $01 $600,0001 $600,0001 Page 3 BF - OOE02882 - 0 Page 4 Administrative Conditions National Administrative Terms and Conditions General Terms and Conditions The General Terms and Conditions of this agreement are updated in accordance with the link below. However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment. The recipient agrees to comply with the current EPA general terms and conditions available at: httos://www. eDa.ciov/a rants/eDa-general-terms-and-conditions-effective-october-1-2019-or-later These terms and conditions are binding for disbursements and are in addition to or modify the assurances and certifications made as a 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: httos://www, er)a.aov/a rants/a rant -terms -and -conditions. A. Correspondence Condition The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses: Federal Financial Reports (SF-425): rtpfc-arants rr.epa.gov and Donna Stingley at sting/e y.donna0epamov MBE/WBE reports (EPA Form 5700-52A): Donna Stingley at stinglev.donnaaega.yov and reaion5closeouts(&ega.pov All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: Donna Stingley, Grant Specialist at stinalev.donna(&epa.gov and Matthew Didier, Project Officer at dldler.matthewOepa.aov Payment requests (if applicable): Matthew Didier, Project Officer at did ier.matthew(&epa.aov Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and deliverables: Matthew Didier, Project Officer at didier.matthew0epa.gov B. 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 the recipient must submit a written request to the EPA prior to the budget/project period expiration dates. The written request must include: a justification describing the need for additional time, an estimated date of completion, and a revised schedule for project completion including updated milestone target dates for the approved workplan activities. In addition, if there are overdue reports required by the general, administrative, and/or programmatic terms and conditions of this assistance agreement, the recipient must ensure that they are submitted along with or prior to submitting the no -cost time extension request. C. Disadvantaged Business Enterprise (DBEs) UTILIZATION OF SMALL. MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33 except as described below based upon the associated class deviation. EPA MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B A class exception to the following provisions of Subpart B of 40 CFR Part 33 has been issued suspending the EPA MBEANBE certification program: §33.204(a)(3) providing that an entity may apply to EPA MBE or WBE certification after unsuccessfully attempting to obtain certification as otherwise described in §33.204; and §33,205 through and including §33,211. The class exception was authorized pursuant to the authority in 2 CFR 1500.3(b). 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 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302 (a)-(d) and (i). 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. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A class exception to the entire Subpart D of 40 CFR Part 33 has been authorized pursuant to the authority in 2 CFR 1500.3(b). Notwithstanding Subpart D of 40 CFR Part 33, recipients are not required to negotiate or apply fair share objectives in procurements under assistance agreements. MBEIWBE REPORTING- SPECIFIC CHANGES PURSUANT TO CLASS DEVIATION, 40 CFR, Part 33, Subpart E When required, the recipient agrees to complete and submit a "MBE/WBE Utilization Under Federal Grants and Cooperative Agreements' report (EPA Form 5700-52A) on an annual basis. The current EPA Form 5700-52A can be found at the EPA Grantee Forms Page at httos: //www. epa. ciov/q rants/epa-q rantee-forms. Reporting is required for assistance agreements where funds are 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) with a cumulative total that exceed the threshold amount of $250,000, including amendments and/or modifications. When reporting is required, all procurement actions are reportable, not just that portion which exceeds $250,000. Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days after the end of the project period, whichever comes first. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502 Proarammatic Conditions FY20 Assessment Cooperative Agreement Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to Brownfield Assessment Cooperative Agreements awarded under the Comprehensive Environmental Response, Compensation, and Liability Act (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 workplan. A. Federal Policy and Guidance 1. Cooperative Agreement Recipients: By awarding this cooperative agreement, the Environmental Protection Agency (EPA) has approved the application for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2020 competition for Brownfield Assessment cooperative agreements. 2. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of 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. 3. A term and condition or other legally binding provision shall be included in all subawards entered into with the funds awarded under this agreement, or when funds awarded under this agreement are used in combination with non-federal sources of funds, to ensure that the CAR complies with all applicable federal and state laws and requirements. In addition to CERCLA § 104(k), federal applicable laws and requirements include 2 CFR Part 200. 4. The CAR 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; Uniform Relocation Act (40 USC § 61); National Historic Preservation Act (16 USC § 470); Endangered Species Act (P.L. 93-205); 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. 5. 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 by operation of CERCLA § 104(g). Assessment activities generally do not involve construction, alteration, and repair within the meaning of the Davis -Bacon Act. However, the recipient must contact the EPA 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. EPA will provide guidance on Davis -Bacon Act compliance if necessary. II. SITE ELIGIBILITY REQUIREMENTS A. Eligible Brownfield Site Determinations 1. The CAR must provide information to the EPA Project Officer 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 workplan by EPA. The information that must be provided includes whether the site meets the definition of a brownfield site as defined in CERCLA § 101(39), and whether the CAR is the potentially responsible party under CERCLA § 107, is exempt from CERCLA liability and/or has defenses to CERCLA liability. 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 from the EPA Project Officer. In its 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 EPA has determined that the property is eligible. 3. Brownfield Sites Contaminated with Petroleum a. For any oetroleum-contaminated brownfield site that is not included in the CAR's EPA -approved workplan, the CAR shall provide sufficient documentation to EPA prior to incurring costs under this cooperative agreement which documents that: i. the State determines there is "no viable responsible party" for the site; ii. 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 iii. 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 state petroleum program official. Please contact the EPA Project Officer for additional information. b. Documentation must include: i. the identity of the State program official contacted; ii. the State official's telephone number; iii. the date of the contact; and iv. a summary of the discussion relating to the State's determination 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 Section II.A.3. above, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum -contaminated brownfield 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 necessary information for EPA to make the determinations described in Section II.A.3.b. above. III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Sufficient Progress This condition supplements the requirements of the Sufficient Progress Condition (No. 22) in the General Terms and Conditions. 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 CAR must implement a corrective action plan concurred on by the EPA Project Officer and approved by the Award Official or Grants Management Officer. Alternatively, EPA may terminate this agreement under 2 CFR § 200.339 for material non-compliance with its terms, or with the consent of the CAR as provided at 2 CFR § 200.339, depending on the circumstances. Sufficient progress is indicated when 35% of funds have been drawn down and disbursed for eligible activities. For Assessment Coalition cooperative agreements, 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 is in place, or other documented activities that demonstrate to EPA's satisfaction that the CAR will successfully perform the cooperative agreement. B. Substantial Involvement EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities by the EPA Project Officer such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement includes brownfield property -specific funding determinations described in Section II.A.2. 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 CERCLA § 104(k)(5)(B)(i)(IV) applies. This prohibition does not allow the subrecipient to use EPA cooperative agreement funds to assess a site for which the subrecipient is potentially liable under CERCLA § 107. c. Substantial EPA involvement may include reviewing financial and program performance reports, monitoring all reporting, record -keeping, and other program requirements. d. EPA may waive any of the provisions in Section III.13.1., except for property -specific funding determinations, at its own initiative or upon request by the CAR. The EPA Project Officer will provide waivers in writing. 2. Effects of EPA's substantial involvement include: 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 ensuring costs 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) as defined in 40 CFR § 312.10 to coordinate, direct, and oversee the brownfield site assessment activities at a given site, if it does not have such a professional on staff. 2. The CAR is responsible for ensuring that funding received under this cooperative agreement does not exceed the statutory $200,000 funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfield site must be submitted to the EPA Project Officer and approved prior to the expenditure of funding exceeding $200,000. In no case may funding for site -specific assessment activities exceed $350,000 on a site receiving a waiver. CARS expending funding from a Community -wide Assessment cooperative agreement must include this amount in any total funding expended on the site. 4. Cybersecurity — The recipient agrees that when collecting and managing environmental data under this cooperative agreement, it will protect the data by following all State cybersecurity requirements. a. 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. b. The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in Cybersecurity Section a. above 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 subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. 5. All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fodc.00v. D. Quarterly Progress Reports 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 30 days after each reporting period. The reporting periods are October 1 — December 31 (1" quarter); January 1 — March 31 (2°6 quarter); April 1 — June 30 (3i4 quarter); and July 1 — September 30 (4'h quarter). 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. The CAR shall refer to and utilize the Quarterly Reporting function within the Assessment, Cleanup and Redevelopment Exchange System (ACRES) to submit quarterly reports. 2. The CAR must submit progress reports on a quarterly basis in ACRES and to the EPA Project Officer. Quarterly progress reports must include: a. A summary that clearly differentiates between activities completed with EPA funds provided under the Brownfield Assessment cooperative agreement and related activities completed with other sources of leveraged funding. b. A summary and status of approved activities performed during the reporting quarter; a summary of the performance outputs/outcomes achieved during the reporting quarter; and a description of problems encountered during the reporting quarter that may affect the project schedule. c. A comparison of actual accomplishments to the anticipated outputs/outcomes specified in the EPA -approved workplan and reasons why anticipated outputs/outcomes were not met. d. An update on project schedules and milestones, including an explanation of any discrepancies from the EPA -approved workplan. e. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. f. A budget summary table with the following information: current approved project budget; EPA funds drawn down during the reporting quarter; costs drawn down to date (cumulative expenditures); program income generated and used (if applicable); and total remaining funds. The CAR should include an explanation of any discrepancies in the budget from the EPA -approved workplan, of cost overruns or high unit costs, and other pertinent information. Note: Each property where assessment activities were performed and/or completed must have its corresponding information updated in ACRES (or via the Property Profile Form with prior approval from the EPA Project Officer) prior to submitting the quarterly progress report (see Section III.E. below). 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds disbursed by the CAR to assess 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 EPA -approved workplan. E. Property Profile Submission 1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, clean up required, contaminants, institutional controls, engineering controls) by completing and submitting relevant portions of the Property Profile Form using the 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. The CAR must enter any new data into ACRES prior to submitting the quarterly progress report to the EPA Project Officer. The CAR must utilize ACRES unless approval is obtained from the EPA Project Officer to utilize and the hardcopy version of the Property Profile Form. F. Final Technical Cooperative Agreement Report with Environmental Results 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 to the EPA Project Officer within 90 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: a. a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the EPA -approved workplan; b. reasons why anticipated outputs/outcomes were not met; and c. other pertinent information, including when appropriate, analysis and explanation of cost overruns or high unit costs. G. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.Padc.e-ov. IV. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient To the extent allowable under the EPA -approved workplan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess sites; conduct site -specific planning, general brownfield-related planning activities around one or more brownfield sites, and outreach. Eligible programmatic expenses include activities described in Section V. of these Terms and Conditions. In addition, 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. Developing a Quality Assurance Project Plan (QAPP) as required by 2 CFR § 1500.11. The specific requirement for a QAPP is outlined in Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance available at httos://www.eDa. oov/a rants/implementation-civality-assurance-reouirem ents-organizations-ree e i v i n a -e o a-f i n a n c i a I. d. Using a portion of the cooperative agreement funds to purchase environmental insurance for the characterization or assessment of the site. Funds shall not be used to purchase insurance intended to provide coverage for any of the ineligible uses under Section IV., Ineligible Uses of the Funds for the Cooperative Agreement Recipient. e. Any other eligible programmatic costs, including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding, monitoring, and managing subawards to the extent required to comply with 2 CFR § 200.331 and the "Establishing and Managing Subawards° General Term and Condition; 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 by the CAR itself as a programmatic cost for Brownfield Program development and implementation of monitoring health conditions and institutional controls. The health monitoring activities must be associated with brownfield sites at which at least a Phase II environmental site assessment is conducted and is contaminated with hazardous substances. The CAR must maintain records on funds that will be used to carry out this task to ensure compliance with this requirement. 3. Under CERCLA § 104(k)(5)(E), CARs and subrecipients may use up to 5% of the amount of federal funding for this cooperative agreement for administrative costs, including indirect costs under 2 CFR § 200.414. The limit on administrative costs for the CAR under this agreement is $30,000. The total amount of indirect costs and any direct costs for cooperative agreement administration by the CAR paid for by EPA under the cooperative agreement shall not exceed this amount. Subrecipients may use up to 5% of the Federal funds in their subawards for administrative costs. As required by 2 CFR § 200.403(d), the CAR and subrecipients must classify administrative costs as direct or indirect consistently and shall not classify the same types of costs in both categories. The term "administrative costs' does not include: a. Investigation and identification of the extent of contamination of a brownfield site; b. design and performance of a response action; or c. monitoring of a natural resource. Eligible cooperative agreement and subaward administrative costs subject to the 5% limitation include direct costs for: a. Costs incurred to comply with the following provisions of the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards at 2 CFR Parts 200 and 1500 other than those identified as programmatic. i. Record -keeping associated with equipment purchases required under 2 CFR § 200.313; ii. Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 2 CFR § 200.308; iii. Maintaining and operating financial management systems required under 2 CFR § 200.302; iv. Preparing payment requests and handling payments under 2 CFR § 200.305; v. Financial reporting under 2 CFR § 200.327; vi. Non-federal audits required under 2 CFR Part 200, Subpart F; and vii. Closeout under 2 CFR § 200.343 with the exception of preparing the recipient's final performance report. Costs for preparing this report are programmatic and are not subject to the 5% limitation on direct administrative costs. b. Pre -award costs for preparation of the proposal and application for this cooperative agreement (including the final workplan) or applications for subawards are not allowable as direct costs but may be included in the CAR's or subrecipient's indirect cost pool to the extent authorized by 2 CFR § 200.460. 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. Site development activities that are not brownfield site assessment activities (e.g., marketing of property (activities or products created specifically to attract buyers or investors) or construction of a new facility); c. General community visioning, area -wide zoning updates, design guideline development, master planning, green infrastructure, infrastructure service delivery, and city-wide or comprehensive planning/plan updates —these activities are all ineligible uses of grant funds if unrelated to advancing cleanup and reuse of brownfield sites or sites to be assessed. Note: for these types of activities to be an eligible use of grant funds, there must be a specific nexus between the activity and how it will help further cleanup and reuse of the priority brownfield site(s). This nexus must be clearly described in the workplan for the project; d. Job training activities unrelated to performing a specific assessment at a site covered by the cooperative agreement; e. To pay for a penalty or fine; f. To pay a federal cost share requirement (e.g., a cost share required by another federal grant) unless there is specific statutory authority; g. To pay for a response cost at a brownfield site for which the CAR or subaward recipient is potentially liable under CERCLA § 107; h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and i. Unallowable costs (e.g., lobbying and purchases of alcoholic beverages) under 2 CFR Part 200, Subpart E. 2. Cooperative agreement funds shall 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, 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 brownfield site for which EPA has not made a property -specific funding determination. C. Interest -Bearing Accounts and Program Income 1. In accordance with 2 CFR § 1500.7(b), during the performance period of the cooperative agreement, the CAR is authorized to add program income to the funds awarded by EPA and use the program income under the same terms and conditions of this agreement. 2. Program income for the 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, cleanup planning, or other activities when the costs for the activity is charged to this agreement. 3. The CAR must deposit advances of cooperative agreement 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. Any program income earned by the CAR will be added to the funds EPA has committed to this agreement and used only for eligible and allowable costs under the agreement as provided in 2 CFR § 200.307 and 2 CFR § 1500.7, as applicable. c. Interest earned on program income is considered additional program income. d. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 2 CFR § 200.305(b)(5). 4. As required by 2 CFR § 200.302, the CAR must maintain accounting records documenting the receipt and disbursement of program income. 5. The recipient must provide as part of its quarterly performance report and final technical report a description of how program income is being used. Further, a report on the amount of program income earned during the award period must be submitted with the quarterly performance report, final technical report, and Federal Financial Report (Standard Form 425). V. ASSESSMENT 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 the EPA Project Officer regarding potential applicability of the National Historic Preservation Act (NHPA) (16 USC § 470) and, if applicable, shall assist EPA in complying with any requirements of the NHPA and implementing regulations. B. Quality Assurance (QA) Requirements When environmental data are collected as part of the brownfield 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. Recipients implementing environmental programs within the scope of the assistance agreement must submit to the EPA Project Officer an approvable Quality Assurance Project Plan (QAPP) at 30 days prior to the initiating of data collection or data compilation. The Quality Assurance Project Plan (QAPP) is the document that provides comprehensive details about the quality assurance, quality control, and technical activities that must be implemented to ensure that project objectives are met. Environmental programs include direct measurements or data generation, environmental modeling, compilation of date from literature or electronic media, and data supporting the design, construction, and operation of environmental technology. The QAPP should be prepared in accordance with EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans. No environmental data collection or data compilation may occur until the QAPP is approved by the EPA Project Officer and Quality Assurance Regional Manager. Additional information on the requirements can be found at the EPA Office of Grants and Debarment website at httr)s://www. eiDa.gov/a rants/im t)lernentation-quality-assurance-requ i rem ents-oraanizations-receivinq-e pa -financial. 2. 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 at http://www.ei)a.gov/fem/lab como.htm or a copy may also be requested by contacting the EPA Project Officer for this award. C. Community Outreach 1. The CAR agrees to clearly reference EPA investments in the project during all phases of community outreach outlined in the EPA -approved workplan which may include the development of any post -project summary or success materials that highlight achievements to which this project contributed. a. If any documents, fact sheets, and/or web materials 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 EPA." b. If a sign is developed as part of a project funded by this cooperative agreement, then the sign shall include either a statement (e.g., this project has been funded, wholly or in part, by EPA) and/or EPA's logo acknowledging that EPA is a source of funding for the project. The EPA logo may be used on project signage when the sign can be placed in a visible location with direct linkage to site activities. Use of the EPA logo must follow the sign specifications available at httos://www.et)a.ciov/grants/ei3a-logo-seal-specifications-siq nape-produced-epa-assistance-aq reement-recipients. 2. The CAR agrees to notify the EPA Project Officer of public or media events publicizing the accomplishment of significant events related to construction and/or site reuse 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, 3. To increase public awareness of projects serving communities where English is not the predominant language, CARS 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. D. All Appropriate Inquiry 1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCIA § 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 all appropriate inquiries regulation (AAI). The CAR shall utilize the practices in ASTM standard E1527-13 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process ," or EPA's All Appropriate Inquiries Final Rule (40 CFR Part 312). A suggested outline for an AAI final report is provided in "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 cooperative agreement 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. AAI final reports produced with funding from this agreement must comply with 40 CFR Part 312 and must, at a minimum, include the information below. All AAI reports submitted to the EPA Project Officer as deliverables under this agreement must be accompanied by a completed "All Appropriate Inquiries: Reporting Requirements Checklist for Assessment Grant Recipients" (Publication Number: EPA 560-F-17-194) that the EPA Project Officer will provide to the recipient. The checklist is available to CARs on EPA's website at www.ega.gov/brownfields. The completed checklist must include: 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 CFR § 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: "[1, We] declare that, to the best of ]my, our] professional knowledge and belief, ]I, we] meet the definition of Environmental Professional as defined in §312.10 of this part. " (I, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. ]l, 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 AAI report as authorized by 2 CFR § 200.338 through 2 CFR § 200.342. If a recipient willfully fails to correct the deficiencies EPA 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 workplan. 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. F. Inclusion of Additional Terms and Conditions 1. In accordance with 2 CFR § 200.333 the CAR shall maintain records pertaining to the cooperative for a minimum of three (3) years following submission of the final financial report unless one or more of the conditions described in the regulation applies. The CAR shall provide access to records relating to assessments supported with Assessment cooperative agreement funds to authorized representatives of the Federal government as required by 2 CFR § 200.336. 2. The CAR has an ongoing obligation to advise EPA if it assessed any penalties resulting from environmental non-compliance at sites subject to this agreement. VI. PAYMENT AND CLOSEOUT For the purposes of these Terms and Conditions, the following definitions apply: "payment" is EPA's transfer of funds to the CAR; "closeout" refers to the process EPA follows to ensure that all administrative actions and work required under the cooperative agreement have been completed. 1. The CAR may request advance payment from EPA pursuant to 2 CFR § 200.305(b)(1) and the prompt disbursement requirements of the General Terms and Conditions of this agreement. This requirement does not apply to states which are subject to 2 CFR § 200.305(a). 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 under the cooperative agreement have been completed. 2. The CAR, within 90 days after the expiration or termination of the cooperative agreement, must submit all financial, performance, and other reports required as a condition of the cooperative agreement 2 CFR Part 200. a. The CAR must submit the following documentation: i. The Final Technical Cooperative Agreement Report as described in Section Ill.F. of these Terms and Conditions. ii. Administrative and Financial Reports as described in the Grant -Specific Administrative Terms and Conditions of this agreement. b. The CAR must ensure that appropriate data have been entered into ACRES or all hardcopy Property Profile Forms are submitted to the EPA Project Officer. c. As required by 2 CFR § 200.343, the CAR must immediately refund to EPA any balance of unobligated (unencumbered) advanced cash or accrued program income that is not authorized to be retained for use on other cooperative agreements. Resolution #20446 October 21, 2020 Moved by Long seconded by Quarles the resolutions on the amended Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. aw�j�- Q L.O. 1 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT'TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21, 2020, 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 Circuit Court at Pontiac, Michigan this 218t day of October, 2020. Lisa Brown, Oakland County