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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41708 AGENDA ITEM: Grant Acceptance from the United States Environmental Protection Agency (USEPA) for the Brownfield Assessment Coalition Grant DEPARTMENT: Economic Development - Business Development MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4590 Motion to approve the grant acceptance from the United States Environmental Protection Agency (USEPA) for the Brownfield Assessment Coalition Grant Agreement for the period October 1, 2024 through September 30, 2027, in the amount of $1,500,000; further, authorize the Chair of the Board of Commissioners to execute the grant; further amend the FY 2025-2027 budgets as detailed in the attached Schedule A-Budget Amendment. ITEM CATEGORY SPONSORED BY Grant Yolanda Smith Charles INTRODUCTION AND BACKGROUND Brownfields 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. This agreement will provide funding to conduct eligible assessment-related activities. Specifically, this agreement will provide funding to inventory, characterize, assess, and conduct cleanup planning and community involvement related activities. We anticipate conducting 95 Phase I and 58 Phase II environmental site assessments, holding multiple community meetings, and submitting 16 quarterly reports. The agreement will benefit the residents, business owners, and stakeholders in and around Oakland County. The Department of Economic Development had applied to the United States Environmental Protection Agency (USEPA) to obtain $1,500,000 to conduct environmental assessment testing throughout Oakland County. The Board of Commissioners previously approved the submittal of the grant application by the Economic Development Department via an exception to the Board Rules for a grant application (#2023-3637) in the amount of $1,500,000. The application was awarded $1,500,000. There is no local grant match requirement. The grant award has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021, meeting. POLICY ANALYSIS The environmental assessments will help a purchaser identify any known or potential contaminants located on a property and how to properly deal with them if present. If a brownfield site is identified, there are several different avenues a developer can go. Most will seek assistance via a brownfield plan which is passed by a Brownfield Redevelopment Authority (BRA). If a local unit of government doesn’t have a BRA they may utilize the Oakland County BRA. To choose sites for assessment, the County will utilize its network that has been established over the past 20 years of having this type of grant. Local community partners and on-staff consultants (via OC purchasing RFP process) help the county identify potential projects. The department advised they typically like to choose projects that are “shovel ready” and don’t usually like to utilize grant dollars for speculative projects. Work under this grant is divided between county staff and consultants. County staff does the administrative work for the grant and consultants do the field work. These grant funds will be used County wide, but the department hopes to focus some money into Southfield and Pontiac. Acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Bradley Hansen, Business Development Representative Senior ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. USEPA Brownfield_Schedule A-Budget Amendment 2. EPA Cooperative Agreement 3. Grant Review Sign-Off COMMITTEE TRACKING 2024-11-13 Economic Development & Infrastructure - Forward to Finance 2024-11-13 Finance - Recommend to Board 2024-11-21 Full Board - Adopt Motioned by: None Seconded by: None Yes: None (0) No: None (0) Abstain: None (0) Absent: (0) Oakland County, Michigan ECONOMIC DEVELOPMENT -BUSINESS DEVELOPMENT - GRANT ACCEPTANCE WITH UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) FOR BROWNFIELD ASSESSMENT COALITION GRANT Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment R Oakland Brownfield Initiative Grants Planning and Local FND11010 CCN1090201 RC610313 PRG174220 GRN-1004557 610000 Federal Operating Grants $1,500,000 $1,500,000 $1,500,000 Total Revenues $1,500,000 $1,500,000 $1,500,000 E Oakland Brownfield Initiative Grants Planning and Local FND11010 CCN1090201 SC730373 PRG174220 GRN-1004557 730000 Contracted Services $1,500,000 $1,500,000 $1,500,000 Total Expenditures $1,500,000 $1,500,000 $1,500,000 BF - 00E03881 - 0 Page 1 TYPE OF ACTION U.S. ENVIRONMENTAL PROTECTION AGENCY MAILING DATE ACH#PAYMENT METHOD: PROGRAM CODE: DATE OF AWARDMODIFICATION NUMBER: GRANT NUMBER (FAIN):00E03881 50272ASAP 0 09/20/2024 New 09/25/2024 Cooperative Agreement BF RECIPIENT TYPE:Send Payment Request to: RECIPIENT: EIN: PAYEE: County PONTIAC, MI 48341 OAKLAND, COUNTY OF 38-6004876 1200 N TELEGRAPH RD Contact EPA RTPFC at: rtpfc-grants@epa.gov 1200 N Telegraph Road Dept 470 OAKLAND, COUNTY OF PONTIAC, MI 48341 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Brad Hansen 2100 PONTIAC LAKE RD 2100 PONTIAC LAKE RD WATERFORD, MI 48328 hansenb@oakgov.comEmail: 248-858-8073Phone: Eric Knapke 77 West Jackson Boulevard., L-17J Chicago, IL 60604-3507 Knapke.Eric@epa.govEmail: 312-353-6292Phone: Matthew Mischnick Acquisitions and Assistance Branch, MA-10J 77 West Jackson Boulevard. Chicago, IL 60604-3507 Mischnick.Matthew@epa.govEmail: 312-886-0442Phone: PROJECT TITLE AND DESCRIPTION Assessment Coalition Cooperative Agreement for Oakland County, MI Brownfields 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. This agreement will provide funding to Oakland County to conduct eligible assessment-related activities as authorized by CERLCA 104(k)(2) in Oakland County, Michigan. Specifically, this agreement will provide funding to the recipient to inventory, characterize, assess, and conduct cleanup planning and community involvement related activities. Additionally, the recipient will competitively procure (as needed) and direct a Qualified Environmental Professional to conduct environmental site activities. Also, the recipient will report on interim progress and final accomplishments by completing and submitting relevant portions of the Property Profile Form using EPA’s Assessment, Cleanup and Redevelopment Exchange System (ACRES). Further, the recipient anticipates conducting 95 Phase I and 58 Phase II environmental site assessments, holding multiple community meetings, and submitting 16 quarterly reports. Work conducted under this agreement will benefit the residents, business owners, and stakeholders in and near Oakland County, Michigan.No subawards are included in this assistance agreement. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2024 - 09/30/2028 10/01/2024 - 09/30/2028 $ 1,500,000.00 $ 1,500,000.00 NOTICE OF AWARD Based on your Application dated 07/10/2024 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 1,500,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 1,500,000.00. 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 / ADDRESSORGANIZATION / ADDRESS U.S. EPA, Region 5, U.S. EPA Region 5 Mail Code MCG10J 77 West Jackson Blvd. Chicago, IL 60604-3507 U.S. EPA, Region 5, Land, Chemicals, and Redevelopment Division R5 - Region 5 77 West Jackson Boulevard. L-17J. Chicago, IL 60604-3507 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY DATEDigital signature applied by EPA Award Official for Sheila Dolan - Manager, Acquisition and Assistance Branch by Karen Sykes - Award Official Delegate 09/20/2024 BF - 00E03881 - 0 Page 2 EPA Funding Information FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 0 $ 1,500,000 $ 1,500,000 EPA In-Kind Amount $ 0 $ 0 $ 0 Unexpended Prior Year Balance $ 0 $ 0 $ 0 Other Federal Funds $ 0 $ 0 $ 0 Recipient Contribution $ 0 $ 0 $ 0 State Contribution $ 0 $ 0 $ 0 Local Contribution $ 0 $ 0 $ 0 Other Contribution $ 0 $ 0 $ 0 Allowable Project Cost $ 0 $ 1,500,000 $ 1,500,000 Assistance Program (CFDA)Statutory Authority Regulatory Authority 66.818 - Brownfields Multipurpose, Assessment, Revolving Loan Fund, and Cleanup Cooperative Agreements CERCLA: Secs. 104(k)(2) & 104(k)(5)(E)2 CFR 200, 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation $ 1,500,000--4114000D7905Q3AG7E4242405QEX041- $ 1,500,000 BF - 00E03881 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non-Construction) Total Approved Allowable Budget Period Cost 1. Personnel $ 0 2. Fringe Benefits $ 0 3. Travel $ 0 4. Equipment $ 0 5. Supplies $ 0 6. Contractual $ 1,500,000 7. Construction $ 0 8. Other $ 0 9. Total Direct Charges $ 1,500,000 10. Indirect Costs: 0.00 % Base $ 0 11. Total (Share: Recipient ______ % Federal ______ %)$ 1,500,0000.00 100.00 12. Total Approved Assistance Amount $ 1,500,000 13. Program Income $ 0 14. Total EPA Amount Awarded This Action $ 1,500,000 15. Total EPA Amount Awarded To Date $ 1,500,000 BF - 00E03881 - 0 Page 4 Administrative Conditions General Terms and Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october- 1-2023-or-later. These terms and conditions are in addition to 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: https://www. epa.gov/grants/grant-terms-and-conditions#general. 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): Matthew Mischnick, Grant Specialist, Mischnick.Matthew@epa.gov. and Research Triangle Park Finance Center, rtpfc-grants@epa.gov. -MBE/WBE reports (EPA Form 5700-52A): region5closeouts@epa.gov; Matthew Mischnick, Grant Specialist, Mischnick.Matthew@epa.gov and Karen Sykes, Supervisor, Grants Management Officer , Sykes. Karen@epa.gov. -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: Matthew Mischnick, Grant Specialist, Mischnick. Matthew@epa.gov. and Eric Knapke, Project Officer, Knapke. Eric@epa.gov. -Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and deliverables: Eric Knapke, Project Officer, Knapke.Eric@epa.gov. BF - 00E03881 - 0 Page 5 Programmatic Conditions FY24 Brownfields Assessment Coalition 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). 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 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 2024 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), applicable federal 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 § 3145); and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. For additional information on cross-cutting requirements visit https://www.epa.gov/grants/epa- subaward-cross-cutter-requirements. 5. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U. BF - 00E03881 - 0 Page 6 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) that 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 All brownfield sites that will be addressed using funds from the cooperative agreement must be located within the geographic boundary described in the scope of work for this cooperative agreement (i.e., the EPA-approved workplan). A. Eligible Brownfield Site Determinations 1. Prior to performing site work, the CAR must provide information to the EPA Project Officer about each site that will be addressed under this cooperative agreement. The CAR may use cooperative agreement funds to prepare information that is provided to the EPA Project Officer. 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. 2. 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 petroleum-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 BF - 00E03881 - 0 Page 7 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. III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Sufficient Progress 1. This condition supplements the requirements of the Termination and Sufficient Progress Conditions in the General Terms and Conditions. The EPA Project Officer will assess whether the recipient is making sufficient progress in implementing its cooperative agreement 18 months and 30 months from the date of award. If EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the CAR, if directed to do so, must implement a corrective action plan concurred on by the EPA Project Officer and approved by the Grants Management Officer or Award Official. Alternatively, EPA may terminate this agreement under 2 CFR § 200.340 for material non- compliance with its terms, or with the consent of the CAR as provided at 2 CFR § 200.340, BF - 00E03881 - 0 Page 8 depending on the circumstances. Sufficient progress at 18 months is indicated when: at least 25% of funds have been drawn down and disbursed for eligible activities; a Memorandum of Agreement is in place; a Qualified Environmental Professional(s) has been procured; sites are prioritized or an inventory has been initiated (unless site prioritization or an inventory was completed prior to award); community engagement activities have been initiated; and/or other documented activities have occurred that demonstrate to EPA's satisfaction that the CAR will successfully perform the cooperative agreement. Sufficient progress at 30 months is indicated when: at least 45% of funds have been drawn down and disbursed for eligible activities; assessments on at least three sites have been initiated; and/or other documented activities have occurred that demonstrate to EPA's satisfaction that the CAR will successfully perform the cooperative agreement. B. Substantial Involvement 1. The EPA Project Officer will be substantially involved in overseeing and monitoring this cooperative agreement. Substantial involvement includes, but is not limited to: a. Close monitoring of the CAR's performance to verify compliance with the EPA-approved workplan and achievement of environmental results. b. Participation in periodic telephone conference calls to share ideas, project successes and challenges, etc., with EPA. c. Reviewing and commenting on quarterly and annual reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient or subrecipients receiving pass-through awards). d. Verifying sites meet applicable site eligibility criteria (including property-specific funding determinations described in Section II.A.2.) and when the CAR awards a subaward for site assessment. The CAR must obtain technical assistance from the EPA Project Officer, or his/her designee, on which sites qualify as a brownfield site and determine whether the statutory BF - 00E03881 - 0 Page 9 prohibitions found in CERCLA § 104(k)(5)(B)(i)-(iv) apply. (Note, the prohibition does not allow a subrecipient to use EPA cooperative agreement funds to assess a site for which the subrecipient is potentially liable under CERCLA § 107.) e. Reviewing and approving Quality Assurance Project Plans and related documents or verifying that appropriate Quality Assurance requirements have been met where quality assurance activities are being conducted pursuant to an EPA-approved Quality Assurance Management Plan. Substantial involvement may also include, depending on the direction of the EPA Project Officer: f. Collaboration during the performance of the scope of work including participation in project activities, to the extent permissible under EPA policies. Examples of collaboration include: i. Consultation between EPA staff and the CAR on effective methods of carrying out the scope of work provided the CAR makes the final decision on how to perform authorized activities. ii. Advice from EPA staff on how to access publicly available information on EPA or other federal agency websites. iii. With the consent of the CAR, EPA staff may provide technical advice to the CAR's contractors or subrecipients provided the CAR approves any expenditures of funds necessary to follow advice from EPA staff. (The CAR remains accountable for performing contract and subaward management as specified in 2 CFR § 200.318 and 2 CFR § 200.332 as well as the terms of the EPA cooperative agreement.) iv. EPA staff participation in meetings, webinars, and similar events upon the request of the CAR or in connection with a co-sponsorship agreement. g. Reviewing and approving that the Analysis of Brownfield Cleanup Alternatives (ABCA), or equivalent state Brownfields program document, meets the Brownfields Program's requirements for an ABCA. h. Reviewing proposed procurements in accordance with 2 CFR § 200.325, as well as the substantive terms of proposed contracts or subawards as appropriate. This may include reviewing requests for proposals, invitations for bid, scopes of work and/or plans and specifications for contracts over $250,000 prior to advertising for bids. i. Reviewing the qualifications of key personnel. (EPA does not have the authority to select employees or contractors, including consultants, employed by the CAR or subrecipients receiving pass-through awards.) j. Reviewing information in performance reports to ensure all costs incurred by the CAR and/or its contractor(s) if needed to ensure appropriate expenditure of grant funds. BF - 00E03881 - 0 Page 10 EPA may waive any of the provisions in Section III.B.1., except for property-specific funding determinations. The EPA Project Officer will provide waivers to provisions a. – e. in Section III.B. 1 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 is the lead of the Assessment Coalition and is accountable to EPA for proper expenditure of the funds and is the point of contact for other coalition members. a. A Memorandum of Agreement documenting the coalition's site selection process must be in place prior to the expenditure of any funds that are awarded under this agreement. b. The CAR shall assess a minimum of two sites in each member's (i.e., the lead member's and non-lead members') geographic boundary. The CAR shall not add or remove coalition members without prior approval from the EPA Grants Management Officer or Award Official and must continue the partnerships with the coalition members identified in the application that was selected for funding. EPA will only approve changes to the composition of the coalition in extraordinary circumstances that substantially impair performance of the cooperative agreement. 2. All additional sites selected for eligible activities throughout the period of performance (i.e., sites that were not identified in the workplan) must be located within the geographic boundary (ies) identified by the CAR in the workplan. Consistent with the FY24 Assessment Coalition Grant Guidelines, criteria for selecting additional sites must at least consider whether the site is located within an underserved community[1] or disadvantaged census tract, as identified through the Climate and Environmental Justice Screening Tool (CEJST), in addition to considering the prioritization criteria identified in the FY24 application, the workplan, or developed during implementation of the workplan. Note, criteria developed during the implementation of the workplan must lead to the CAR addressing sites in areas with similar characteristics as the areas discussed in the FY24 application. 3. The CAR is responsible for ensuring that funding received under this cooperative agreement BF - 00E03881 - 0 Page 11 does not exceed the statutory $200,000 funding limitation for an individual brownfield site. The CAR may request a waiver of the $200,000 funding limitation based on the anticipated level of contamination, size, or status of ownership of the site. Waiver of this funding limit for a brownfield site must be submitted to and approved by the EPA Project Officer 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 an Assessment Coalition cooperative agreement must include this amount in any total funding expended on the site. 4. If the CAR's workplan includes eligible planning activities to prepare a brownfield site for reuse (see https://www.epa.gov/brownfields/information-eligible-planning-activities for eligible planning activities), the CAR must demonstrate meaningful community engagement in the reuse planning of brownfields assessed under the grant. Meaningful community engagement is demonstrated by actively including local nonprofit organizations, citizen leaders, or similar local groups/entities in brownfield reuse planning. 5. CARs, other than state entities, that procure a contractor(s) (including consultants) where the contract will be more than the micro-purchase threshold in 2 CFR § 200.320(a)(1) ($10,000 for most CARs) must select the contractor(s) in compliance with the fair and open competition requirements in 2 CFR Part 200 and 2 CFR Part 1500. This requirement also applies to procurement processes that were completed before the award of this cooperative agreement. See the Brownfields Grants: Guidance on Competitively Procuring a Contractor for additional information. CARs may procure multiple contractors to ensure the appropriate expertise is in place to perform work under the agreement (e.g., expertise to conduct site assessment activities vs. planning activities) and to allow the ability for work be performed concurrently at multiple sites within the defined and approved geographic boundary. 6. The CAR must acquire the services of a Qualified Environmental Professional(s) as defined in 40 CFR § 312.10, if it does not have such a professional on staff to coordinate, direct, and oversee the brownfield site assessment activities at a given site. 7. Cybersecurity – The recipient agrees that when collecting and managing environmental data under this cooperative agreement, it will protect the data by following all applicable State or Tribal law 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 BF - 00E03881 - 0 Page 12 Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer no later than 90 dyas 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 § 200.332(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. 8. All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. D. Quarterly Performance Reports 1. In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 2 CFR § 200.329, Monitoring and Reporting Program Performance), the CAR agrees to submit quarterly performance reports to the EPA Project Officer within 30 days after each reporting period. Initially, quarterly performance reports will be submitted via email or via the optional Quarterly Reporting function tool within the Assessment, Cleanup and Redevelopment Exchange System (ACRES). However, once EPA has developed and incorporated the updated Quarterly Performance Reporting tool into ACRES, the CAR agrees to use this tool to input quarterly performance reports directly into ACRES within 30 days after each reporting period (the EPA Project Officer will notify the CAR when use of this tool in ACRES is required). The reporting periods are October 1 – December 31 (1st quarter); January 1 – March 31 (2nd quarter); April 1 – June 30 (3rd quarter); and July 1 – September 30 (4th quarter). If a due date falls on a weekend or holiday, the report will be due on the next business day. 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 from the EPA-approved workplan and budget shall be included in the report. The report shall also include any changes of key personnel concerned with the project that were approved by the EPA Grants Management Officer or Award Official. (Note, as provided at 2 CFR § 200.308, Revision of budget and program, the CAR must seek prior approval from the EPA BF - 00E03881 - 0 Page 13 Grants Management Officer or Award Official for a change in a key person.) 2. The CAR must submit performance reports on a quarterly basis in ACRES using the Assessment Quarterly Report function or to the EPA Project Officer. Quarterly performance 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 the project schedule and milestones, including an explanation of any discrepancies from the EPA-approved workplan. e. A list of the properties where assessment and/or planning 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) (i.e., program income received and disbursed during the reporting quarter and during the entire cooperative agreement, and the amount of program income remaining); and total remaining funds. The budget summary table must include costs that are charged to the “other” budget object class category (e.g., participant support costs, subawards, etc.). The CAR shall include an explanation of any discrepancies in the budget from the EPA-approved workplan, cost overruns or high unit costs, and other pertinent information. The CAR shall include a statement on funding transfers[2] among direct budget categories or programs, functions and activities that occurred during the quarter and cumulatively during the period of performance. Note: ACRES reporting requirements can change over time, based on expansion of EPA's information collection authority, and the CAR is responsible for complying with the latest ACRES reporting requirements at the time of each quarterly performance report. The EPA Project Officer will notify the CAR when ACRES reporting requirements, specific to Brownfields Assessment, change. g. For local governments that are using cooperative agreement funds for health monitoring, the quarterly report must also include the specific budget, the quarterly expenditure, and cumulative BF - 00E03881 - 0 Page 14 expenditures to demonstrate that 10% of federal funding is not exceeded. 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 performance 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 the specific properties under this cooperative agreement. 4. In accordance with 2 CFR § 200.329(e)(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 (e.g., assessments started, reuse planning activities started) and any final accomplishments (e.g., assessments completed, clean up required, contaminants found, institutional controls required, engineering controls required) by completing and submitting relevant portions of the electronic 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 performance report to the EPA Project Officer. The CAR must utilize the electronic version of the Property Profile Form in ACRES unless approval is obtained from the EPA Project Officer to use the hardcopy version of the Property Profile Form or its use is included in the approved workplan. F. Final Cooperative Agreement Performance Report with Environmental Results 1. In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, § 200.329, Monitoring and Reporting Program Performance and 2 CFR § 200.344(a), Closeout), the CAR agrees to submit to the EPA Project Officer within 120 days after the expiration or termination of the approved project period a final performance report on the cooperative agreement via email; unless the EPA Project Officer agrees to accept a paper copy of the report. The final performance report shall document and summarize the elements listed in Section III.D.2., as appropriate, for activities that occurred over the entire project period. IV. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. 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 BF - 00E03881 - 0 Page 15 site-specific planning, general brownfield-related planning activities around one or more brownfield sites; conduct outreach and community engagement; and for reasonable participant support costs associated with one community liaison per target area identified in the selected FY24 application. 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. Preparing and updating an Analysis of Brownfield Cleanup Alternatives (ABCA) which will include information about the site and contamination issues, cleanup standards, applicable laws, alternatives considered, and the proposed cleanup. d. Preparing a Community Involvement Plan which includes reasonable notice, opportunity for public involvement and comment on the proposed cleanup, and response to comments. e. Developing a Quality Assurance Project Plan (QAPP) as required by 2 CFR § 1500.12. The specific requirement for a QAPP is outlined in Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance available at https://www. epa.gov/grants/implementation-quality-assurance-requirements-organizations-receiving-epa- financial. f. 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.] g. 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 § 200.332 and the “Establishing and Managing Subawards” General Term and Condition; and carrying out community engagement pertaining to the assessment activities. 2. Local Governments Only – If authorized in the EPA-approved workplan and budget narrative, up to 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 BF - 00E03881 - 0 Page 16 under 2 CFR § 200.414. The limit on administrative costs for the CAR under this agreement is $75000. 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 amount of 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 § 200.328; vi. Non-federal audits required under 2 CFR Part 200, Subpart F; and vii. Closeout under 2 CFR § 200.344 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 BF - 00E03881 - 0 Page 17 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. BF - 00E03881 - 0 Page 18 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. 2. If funds from this cooperative agreement are used to prepare an Analysis of Brownfield Cleanup Alternatives (ABCA), or equivalent state Brownfields program document, the CAR must include information about the site and contamination issues (i.e., exposure pathways, identification of contaminant sources, etc.); cleanup standards; applicable laws; alternatives considered; and the proposed cleanup. The evaluation of alternatives must include effectiveness, ability to implement, and the cost of the response proposed. The evaluation of alternatives must also consider the resilience of the remedial options to address potential adverse impacts caused by extreme weather events and changing climate conditions (e.g., sea level rise, drought, increased frequency and intensity of flooding, etc.). The alternatives may additionally consider the degree to which they reduce greenhouse gas discharges, reduce energy use or employ alternative energy sources, reduce volume of wastewater generated/disposed of, reduce volume of materials taken to landfills, and recycle and re-use materials generated during the cleanup process to the maximum extent practicable. The evaluation will include an analysis of reasonable alternatives including no action. The cleanup method chosen must be based on this analysis. B. Quality Assurance (QA) Requirements Authority: Quality Assurance applies to all assistance agreements involving environmental information as defined in 2 C.F.R. § 1500.12 Quality Assurance. When environmental data are collected as part of the brownfield assessment, the CAR shall comply with 2 CFR § 1500.12 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. The recipient shall ensure that subawards involving environmental information issued under this agreement include appropriate quality requirements for the work. The recipient shall ensure sub- award recipients develop and implement a Quality Assurance (QA) planning document in accordance with this term and condition; and/or ensure sub-award recipients implement all applicable approved QA planning documents 1. Quality Assurance Project Plan (QAPP) a. Prior to beginning environmental information operations, the recipient must: BF - 00E03881 - 0 Page 19 Option 1 i. Develop a QAPP (The 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 data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology.), ii. Prepare QAPP in accordance with the current version of EPA's Quality Assurance Project Plan (QAPP) Standard, iii. Submit the document for EPA review, and iv. Obtain EPA Quality Assurance Manager or designee (hereafter referred to as QAM) approval. For Reference: • Quality Management Plan (QMP) Standard and EPA's Quality Assurance Project Plan (QAPP) Standard; contain quality specifications for EPA and non-EPA organizations and definitions applicable to these terms and conditions. • EPA QA/G-5: Guidance for Quality Assurance Project Plans. • (QAM and/or PO may insert QA references that inform or assist the recipient here). • EPA's Quality Program website has a list of QA managers, and Specifications for EPA and Non-EPA Organizations. • The Office of Grants and Debarment Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance. 3. 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 https://www.epa. gov/measurements-modeling/documents-about-measurement-competency-under-assistance- agreements or a copy may also be requested by contacting the EPA Project Officer for this award. C. Public Awareness BF - 00E03881 - 0 Page 20 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 comply with the Acknowledgement Requirements for Non-ORD Assistance Agreements in the General Terms and Conditions of this agreement. b. If the EPA logo is displayed along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that Oakland County received financial support from the EPA under an Assistance Agreement per the term and condition described in Section V.C.1.a. above. More information is available at https://www.epa.gov/stylebook/using- epa-seal-and-logo. c. 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 a direct linkage to site activities. Use of the EPA logo must follow the sign specifications available at https://www.epa.gov/grants/epa-logo-seal-specifications-signage-produced-epa-assistance- agreement-recipients. To obtain the appropriate EPA logo or seal graphic file, the CAR should send a request directly to EPA's Office of Public Affairs (OPA) and include the EPA Project Officer in the communication. Instructions for contacting OPA are available at https://www.epa. gov/aboutepa/using-epa-seal-and-logo. 2. The CAR agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction 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. 4. All public awareness activities conducted with EPA funding are subject to the provisions in the General Terms and Conditions on compliance with section 504 of the Americans with Disabilities Act. D. All Appropriate Inquiry 1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be BF - 00E03881 - 0 Page 21 performed in accordance with EPA's all appropriate inquiries regulation (AAI). The CAR shall utilize the practices in ASTM standard E1527-21 “Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process” (or the latest recognized ASTM standard at the time the assessment is performed), 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-23-004 (or the latest available publication)). 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 and Multipurpose Grant Recipients” (Publication Number: EPA 560-F-23-017 (or the latest available publication)) that the EPA Project Officer will provide to the recipient. The checklist is available to CARs on EPA's website at https://www.epa.gov/brownfields/all-appropriate-inquiries-reporting-requirements- checklist-assessment-grant-recipients. 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: ‘‘[I, We] declare that, to the best of [my, our] professional knowledge and belief, [I, we] meet the definition of Environmental Professional as defined in 40 CFR § 312.10 of this part.'' ‘‘[I, We] have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [I, 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/my” or “We/our.” BF - 00E03881 - 0 Page 22 d. In compliance with 40 CFR § 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 1527-21 or the latest recognized ASTM standard at the time the assessment is performed). 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 § 200.339. If a recipient willfully fails to correct the deficiencies EPA may consider other available remedies under 2 CFR § 200.339 and 2 CFR § 200.340. 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 § 200.334, the CAR shall maintain records pertaining to the cooperative agreement 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 § 200.337. 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. A. Payment Schedule 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. BF - 00E03881 - 0 Page 23 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 § 200.344. 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 120 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. a. The CAR must submit the following documentation: i. The Final Cooperative Agreement Performance Report as described in Section III.F. of these Terms and Conditions. ii. Administrative and Financial Reports as described in the General Terms and Conditions of this agreement. b. The CAR must ensure that all 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 § 200.344, 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. [1] When EPA uses the term “underserved communities” it has the meaning defined in Executive Order 13985: Advancing Racial Equity And Support For Underserved Communities Through The Federal Government,which defines “underserved communities” as “populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life as exemplified in the preceding definition of equity.” As described in the Executive Order, the term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, which may include Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. It also includes “communities environmentally overburdened,” that is, a community adversely and disproportionately affected by environmental and human health harms or risks, and “disadvantaged, communities” as referenced in Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, and defined in Office of Management and Budget's Memo M-21-28: Interim Implementation Guidance for the Justice40 Initiative. BF - 00E03881 - 0 Page 24 [2] Per EPA's General Term and Condition, the CAR must obtain prior approval from the EPA Grants Management Officer or Award Official for cumulative transfers of funds in excess of 10% of the total budget. Brownfields Davis-Bacon Labor Standards Term and Condition 1. Program Applicability a. Program Name: Brownfields Program b. Statute requiring compliance with Davis-Bacon: Brownfields Direct Cleanup and Revolving Loan Fund Grants authorized by 42 U.S.C. 9604(k) are subject to Davis-Bacon and Related Acts (DBRA) as provided in 42 U.S.C. 9604(g) c. Activities subject to Davis-Bacon i. Brownfield Sites Contaminated with Hazardous Substances: All construction, alteration, and repair activity involving the remediation of hazardous substances is subject to DBRA. This includes: Excavation of contaminated soil; Construction of caps, barriers, and structures which permanently house treatment equipment; Installation of water supply wells/piping/connections; Abatement of contamination in buildings; and Demolition (if followed by new construction). ii. Brownfield Sites Contaminated with Petroleum: DBRA prevailing wage requirements apply when the project includes: Excavation of contaminated soil and/or tank removal if followed by paving and concrete replacement, or if it is an extensive soil excavation project; Construction of caps, barriers, and structures which permanently house treatment equipment; and BF - 00E03881 - 0 Page 25 Installation of water supply wells/piping/connections and related excavation and replacement of contaminated soil. d. Prevailing Wage Classification (e.g. Heavy Construction, Building, Residential, Highway) (if available). i. Heavy Construction: EPA has determined the “Heavy Construction” classification should be used when soliciting competitive contracts or issuing ordering instruments to existing contractors for: Excavation and removal of contaminated soil; Construction of caps or barriers; Replacement of paving and concrete; and Installation of water supply wells/piping/connections. ii. Building Construction: EPA has determined the “Building Construction” classification should be used when soliciting competitive contracts or issuing ordering instruments for the construction of: Demolition (if followed by new construction); Construction of structures which permanently house treatment equipment; and Abatement of contamination in buildings (other than residential structures less than 4 stories in height). iii. Residential Construction: EPA has determined the “Residential Construction” classification should be used when soliciting competitive contracts or issuing ordering instruments for the abatement of contamination in residential structures less than 4 stories in height. 2. Davis-Bacon and Related Acts Davis-Bacon and Related Acts (DBRA) is a collection of labor standards provisions administered by the Department of Labor, that are applicable to grants involving construction. These labor standards include the: Davis-Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics on construction contracts of $2,000 or more BF - 00E03881 - 0 Page 26 Copeland “Anti-Kickback” Act, which prohibits a contractor or subcontractor from inducing an employee into giving up any part of the compensation to which he or she is entitled; and Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for over 40 hours of work per week, under contracts in excess of $100,000 3. Recipient Responsibilities When Entering Into and Managing Contracts: a. Solicitation and Contract Requirements: i. Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts. ii. Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant: “By accepting this contract, the contractor acknowledges and agrees to the terms provided in the DBRA Requirements for Contractors and Subcontractors Under EPA Grants.” b. After Award of Contract: i. Approve and Submit Requests for Additional Wages Rates: Work with contractors to request additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(a)(1)(iii). ii. Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions: Ensure contractor compliance with the terms of the contract, as required by 29 CFR 5.6. 4. Recipient Responsibilities When Establishing and Managing Additional Subawards: a. Include DBRA Requirements in All Subawards (including Loans): Include the following text on all subawards under this grant: “By accepting this award, the EPA subrecipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements for EPA Subrecipients.” b. Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for oversight of subrecipients and must ensure subrecipients comply with the requirements in 29 CFR 5.6. 5. The contract clauses set forth in this Term & Condition, along with the correct wage determinations, will be considered to be a part of every prime contract covered by Davis-Bacon BF - 00E03881 - 0 Page 27 and Related Acts (see 29 CFR5.1), and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Department of Labor grants a variance, tolerance, or exemption. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. GRANT REVIEW SIGN-OFF – Economic Development and Community Affairs GRANT NAME: USEPA Brownfield Assessment Coalition Grant AWD00558 FUNDING AGENCY: United States Environmental Protection Agency DEPARTMENT CONTACT: Brad Hansen (248)630-5745 STATUS: Acceptance (Greater than $50,000) DATE: 10/03/2024 Please be advised that the captioned grant materials have completed the internal grant review. The returned comments are below. 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) should be downloaded into Civic Clerk to be placed on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved –Shannon Lee (10/02/2024 Human Resources: Approved by Human Resources. No position impact – Heather Mason (10/01/2024) Risk Management: Approved. No County insurance requirements. – Robert Erlenbeck (10/02/2024) Corporation Counsel: Approved. I do not see any outstanding legal issues with this grant. – Christopher Ammerman (10/02/2024)