HomeMy WebLinkAboutResolutions - 2009.11.12 - 9892NNINW& FKJILDING COMMITTEE /
MISCELLANEOUS RESOLUTION 109264 November 12, 2009
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS1WASTE
RESOURCE MANAGEMENT - ACCEPTANCE OF UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT
To the Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #99252, "Board of Commissioners - Amendments to
the Grants Procedures'', the Waste Resource Management Unit of the Department of Economic
Development and Community Affairs. as part of the Oakland County Brownfield Consortium, has applied
to the United States Environmental Protection Agency (EPA) for a Brownfield Consortium Assessment
grant to perform environmental assessment work on Brownfield properties in the amount of $1,000,000;
and
WHEREAS Oakland County has partnered with the Cities of Farmington Hills. Ferndale, Hazel Park,
Madison Heights and Pontiac to form the Oakland County Brownfield Consortium; and
WHEREAS the EPA has awarded the Oakland County Brownfield Consortium a $1,000,000 grant, the
same amount as the application, for the period starting in 2009; and
WHEREAS the Cities of Farmington Hills, Ferndale, Raze! Park, Madison Heights and Pontiac will enter
into a memorandum of agreement with Oakland County pertaining to this grant; and
WHEREAS the Cities of Farmington Hills. Ferndale, Hazel Park, Madison Heights and Pontiac will have
$100,000 each to spend on environmental assessments on Brownfield sites in their cities as part of this
grant: and
WHEREAS the remaining $500.000 of the grant will be spent on environmental investigations on
Brownfield sites located in the other cities. villages and townships not associated as part of the Oakland
County Brownfield Consortium; and
WHEREAS acceptance of the grant does not obligate the County to any future commitments; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Brownfield Consortium Assessment grant from the U.S. EPA in the amount of $1 000,000.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement
and to approve grant changes and extensions, within 15 percent of the original award. which are
consistent with the original agreement.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Economic Development and
Community Affairs
GRANT NAME: FY 2010 Oakland County Brownfield Consortium Assessment Grant
FUNDING AGENCY: U.S. Environmental Protection Agency
DEPARTMENT CONTACT PERSON: Brad Hansen 858-8073
STATUS; Grant Acceptance
DATE: October 26, 2009
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below arc the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners Liaison Committee Resolution, the want aRreementicontract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be place on the
appropriate Board of Conunissioners committee(s) for grant acceptance by Board re,solution
DEPA_RTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/21/2009)
Department of Human Resources:
Approved. — Cathy Shallal (10/21/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (10/22/2009)
Corporation Counsel:
After reviewiniz the abeve-refcrenced Cooperative Agreement with the United States Environmental
Protection Agency, 1 found no legal issues that must be resolved before executing the Cooperative
Agreement. However, there are several issues I would like to bring to your attention. Also, attached is
the Oakland County Brownfield Consortium Agreement I drafted back in July to address the relationship
and responsibilities of the municipalities participating in this Brownfield Coalition Grant (Pontiac,
Ferndale, Farmington Hills, Hazel Park, and Madison Heights).
First, paragraph 13a(2) of the "Administrative Conditions - Section (which is on Page 6 -of the document I
received) states that the County will "[ni]aintain primary responsibility for ensuring successful
completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a
subrecipient)." Therefore, the County will remain responsible for the completion of all projects even if
performed by Pontiac, Ferndale, Hazel Park, Madison Heights, or Farmington Mils. Also, as the
Agreement provides, the County can not transfer this responsibility via the MOU. Thus, this will be an
on-going liability for the County.
Second, subsection (6) of this same Section (which is on Page 6 of the document I received) states that the
County will "[ni] onitor the performance of their recipients and ensure that they comply with all applicable
regulations, statute, and terms and conditions which flow down in the subaward." Section 7 of the
Oakland County Brownfield Consortium Agreement attempts to eliminate or decrease the liability
connected with subsection (i5).
Finally, paragrapi. B 1.a. of the "General Cooperative Agreement Administrative Requirements" Section
of the "Brownfielcis Assessment Grant Terms ad Conditions" (which is CM page 12 of the document I
received) states that the EPA may be involved in approving the substantive terms included in professional
services contracts, — Jody S. Flail (10/2612009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of the
specifically cited compliance related documents for this grant.
Environmental Protection Agency Uniform Administrative Requirements for Grants and
Cooperative agreements to State and Local Governments (40 C.F.R., Part 31)
bito://www.access.t.too.t.,,ovinara/cfr/waisicix 07/40cfr3',
Environmental Protection Agency Government-Wide Requirements for Drug-Free Workplace
(Financial Assistance) (40 CFR, Part 36)
htp://www.accesspo.gownara/r/wajsjdx fJ7/40cfr36_07.btral
The United States Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391)
httn://wwv...cinere,enev-manageineinnet/act lire litm
Federal Office of Management and Budget (OMB) Circular No A-87, A-102, and A-133
http://www whitehouse.eoviorehicircularsfinclex htaii
Recycled Paper - Executive Order 13423 - Strengthening Federal Environmental, Energy, and
Transportation Management
Environmental Protection Agency Comprehensive Procurement Guideline for Products Containing
Recovered Materials (40 CFR, Part 247)
htto://www.access.V.TIO.e.ovfnaralea-lv,ensicte 06/40cfr247..06.html
Federal Office of Management and Budget (OMB) Circular No, A-133. This Circular sets forth
standards for obtaining consistency and uniformity among Federal agencies for the audit of States,
local governments, and non-profit organizations expending federal awards.
'nun://www,w1itehousc.2ovion:b/circulars/a I 33/a133.htni],
Federal Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement) (2 CFR, Part 180)
http://www access,D,)o.goviinara/ciilwaisidx _98/2cfr18Q_08.1=1
Title 2 — Grants and Agreements — NonProcurement and Suspension (2 CFR Part 1532)
littithwww.access.atio.Rovinaralefriwaisiclx 08,12cfri •53 -2...OUttril
Trafficking Victims Protection. Act of 2090, Section 106
http://www.state.Q0vieLitlirls/tiprpt'2007/86205,13tra
Participation by Disadvantaged Business Enterprises in United States Environmental Protection
Agency Programs (40 CFR, Part 33)
lattp://ecfr.atoaucess-,..govicgiititext/tex.t-
itixA 44e---sirnule•c=mfi-cz= • et - I . : . . - • . a
t%2033;rgri=div5;vinv=utxtmude.--40%3A1.0.1.2.30
httraiwww zsa.rzoviPortql/2.sa/ebiconteutView.do?co ---GSA BASICkcnntent14-1.-?71Q5 Lit Menfivne- :nem.' VIM A__R4 kcnntentid
Section 17 of the grant agreement requires Women/Minority Business Enterprise compliance as
follows: 3% Minority Business Enterprise (Ivf.BE); 5% Woman Business Enterprise ewBp
National Historic Preservation Act of 1966 (16 U.S.C. 470)
htto://www nos. Roy/hi story/local-La winhpa I 966.htrn
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) -
Superfund
htttrfiwww.epa .r_tovisuncrftmdipolievicercia.ht.ai
Federal Davis-Bacon Act htp://www.dol.gov/esaiproarams/dhra
Executive Order 13208 - Amendment to Executive Order 13202, Preservation of Open Competition
and Government Neutrality Towards Government Contractors' Labor Relations on Federal and
Federally Funded Construction Projects
bttp;ilfrwebgate.access npo. novfcni bin/Retdoe.cnnibname=2,001_ register&dookl=frl lap° I -135 pa
OSHA Worker Health & Safety Standard (29 CFR, Part 1910.120)
j,ittn://www.osba.gov/pls/oshawch/owadisp,show do cument?p table=standard s&p id=9765
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
http://www,fhwa. dot virealestateia et.b tm
National Histotic Preservation Act of 1966 (16 U.S.C. 470)
http://www.nps.govihistoryliocal-lawinhpal 9 66.111m
Endangered Species Act of 1973
littp://vm-w.ninfs.noaa.goviortlaws/csal
Environmental Protection Agency - Section 404 Clean Water Act
http://www.ep a . gov/OWOW/wetlandsiregsisec404.hnxa
Executive Order 11246 - EEO and Affirmative Action Guidelines for Federal Contractors
Regarding Race, Color, Gender, Religion, and National Origin
http://www.dol.OV/esaiofccniregsicompliance611246.htni
Equal Employment Opportunity; Implementing Regulations (28 CFR Part 60-4)
littwiteefr_moaccess.goviegitt/text/tcxt-
idx?type=sirnolex=ecfr;cc=ectsid=039e1.76246c62327d5548a9a6edfb82d:idno=41:reeiour=DIVJ :q1,10
jr==div5:view=-text; node=41%3A1
The Contract Work Hours and Safety Standards Act (CWHSSA)
http:J/www.dol.gowcompiiance/Jaws/cump-cwhssa.htm
Federal — The Copeland "Anti-Kickback" Act Into ://www.dol goy/compliance/laws/comp-
copeland. htui
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.dol .govioasamircn/s1atutes/sec:504.htm
BF 00E92301 - 0 Page _1
ASSISTANCE ID NO
oof-D if.% U.S. ENVIRONMENTAL PRG 1 DOC ID AMEND O DATE OF AWARD
1 det ii PROTECTION AGENCY BF - 00E92301 - 0 09/30/2009
TYPE OF ACTION MAILING DATE % fr, , t2 i R New 10107/2009 i
Cooperative Agreement PAYMENT METHOD: ACH#
41. ASAP
RECIPIENT TYPE: Send Payment Request to:
County . f- • . _
RECIPIENT: PAYEE: _ - Oakland County Michigan Oakland County
2100 Pontiac Lake 2100 Pontiac Lake
Building di West Building 41 West
Waterford, Mf 48328 Waterford. MI 48328
EIN: 38-6004876
PROJECT MANAGER I EP • - i • il : •
Brad Hansen Matthew Didier Marco Santos
2100 Pontiac Lake 77 West Jackson Blve ,, SF-7J Assistance Section, MC-10J
Building 41 West Chicago. IL 60604-3507 EMeil: Sarttos.Marco@eaa.gov
Waterford. MI 48328 E-Mail: DidierMatthew@epa.gov Phone: 312-353-3490
E-Mait: hansenbigoakgov.com Phone: 312-353-2112
Phone: 248-858-8073 nminmitm•I_
PROJECT TITLE AND DESCRIPTION
Browrifields Hazaraous/Petroleurn Substances Assessment Cooperative Agreement
This award provides funding to Oakland County Michigan to be used to conduct community-wide assessments at potential brownfield sites contaminated with
petroleum and hazardous substances. Trie grant recipent will conduct Phase I and Phase II assessments at selected sites. Funds will also be used for public
outreach and community involvement/public participation processes.
______n1
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2009 - 09/3012012 10/01/2009 - 09130/2012 $1.000,000.00 $1.000.000.00
NOTICE OF AWARD
Baseo on your application dated 06/30/2009. including all modifications and amendments , the United States acting by and through the US Environmental
Protection Agency (EPA). hereby awards $1.000000 EPA agrees to cost-share 100.00% of all approved budget period costs incurred. up to arid not
exceeding total federal funding of $1.000,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of
the award by signing under the Affirmation of Award section arid returning all Ogles of this agreement to the Grants Management Office listed below vathin 21
days after receipt. or any extension °rime, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable
regulatory provisions are 40 CFR Cnapter 1. Subchapter El, and all terms and conditions of this agreement and any attachments .
ISSUING OFFICE (GRANTS MANAGEMENT '3FM):)___IififilialiaNiiiiiliWFICE
ORGANIZATION! ADDRESS ORGANIZATION/ ADDRESS ---_,nn U.S. EPA Region 5 U.S. EPA. Region 5
Mail Code MCG10J Superfund Division
77 West Jackson Blvd. 77 West Jackson Bivti.. S-6.)
Chicago. IL 60804-3507 Chicago, IL 60604-3507 --
THE UNfTED STATES OF AM : L ; . •• • .
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Digital signature appiteo by EPA Award Official Cyndy Colantoni, Acting Assistant Regional Administrator for Resources 09/30/20C9
INIaria • ement
AFFIRMATION OF AWARD . nnnn
BY AND ON BEHALF OF THE DESIONATF11 RRI/PIFIrr nwuzgainal
SIGNATURE TYPED NAME AND TITLE DATE
Daniel Hunter, Manager, Planning and Economic Devetopment
EPA Funding information BF 00E92301 -o Page 2
FUNDS FORMER AWARD' THIS ACTION AMENDF11 TriTAI
EPA Amount This Action $ $ 1.000,000 $ 1,000.000
EPA In-Kind Amount $ 5 $ 0
Unexpended Prior Year Balance $ $ $ 0
i
Other Federal Funds 5 5 S 0
Recipient Contribution $ $ . $ 0
—
State Contribution $ $ 0
$ ' Local Contribution $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 1.000.000 $ 1.000.000
.nn•n'
Assistance Program (CFDA) StatUtory AUthOrtIV Ranuiairtry Al rihnetv
1.._66.818 - Brownlields Assessment and Cleanup CERCLA: Sec. 101(39) 40 CFR PART 31
Cooperative Agreements CERCLA: Sec. 104(k)(2) _
—
Fiscal
Site Name Req No FY Approp. Budget PRO Object ' Site/Project Cost Obligation /
Code Organization Mass rhimaniT.mfinn n.nhlinmfinn n OAKLAND 09055TX104 09 E4 05F3AG7 442D79E) 4114 E5EYNYOD - 703.050
OAKLAND 09055TX104 09 Ea 05F3AG7 422D79EBP 4114 E5EYOROC 296.950
BF - 00E92301 -0 Page 3
• — Table A - Object Class Category Total Approved Allowable
(Non-tonstrurtion : .. :1 .. d • n A .
1. Personnel Mnn=l 11
2. Fringe Benefits MnnnnnWa
3. Travel •nn111
4. Equipment
6. Supplies s
6. Contractual :L!j TiTi1
7, Construction I
8. Other s
9. Total Direct Charges .nn1111 1 I. s
10. Indirect Coats; % Base
1. o. are: - mime 0. 1 ' . .. ra E MEIVIVIMieni 5 5.5
12, Total Approved Assistance Amount nIMIINTErTrrrs / 'I 101
13, Program Income s
14. Total EPA Amount Awarded This Action nMill l ii II 1 il I
15, Total EPA Amount Awarded To Date •nn -iii% l'ini
BF - 00E12301- 0 Page 4
Administrative Conditions
1. CONSULTANT CAP
Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients or by a recipients contractors or subcontractors shall be limited to the
maximum daily rate for a Level IV of the Executive Schedule (formerly G5-18), to be adjusted annually.
This limit applies to consultation services of designated individuals with specialized skills who are paid at a
daily or hourly rate. As of January 1, 2009. the limft is $587.20 per day and $73.40 per hour. This rate
does not include transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the
recipient with responsibility for the selection, direction. and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
2. COPYRIGHTED MATERIAL
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other
recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or
other data developed under this assistance agreement for Federal purposes.
Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal
employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for
the Government; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion in Federal oepositories, (5) Use by State, tribal and
locai governments that carry out delegated Federal environmental programs as "co-regulators' or act as
official partners with EPA to carry out a national environmental program within their jurisdiction and: (6)
Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of
EPA's authorization to tne other grantee to use the Copyrighted works or other data.
Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a, the seteotion of at totter grantee by EPA to perform a project that will involve the use of the copyrighted
works or other data or;
b. termination or expiration of tnis agreement.
In addition. EPA may authorize another grantee to use copyrighted works or other data developed with
Agency funs provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
3. DRUG-FREE WORKPLACE CERTIFICATION
The recipient organization of this EPA assistance agreement must make an ongoing. good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 -
36.230. Additionally. in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.51C. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
htte://www access .opo.00vinaraicfriwaisidx 08/4nefrae OR html.
4. FEDERAL CASH TRANSACTION REPORT
The SF272 report is due within 15 working days following December 31 of any given calendar year. This
form must be submitted to: U.S. EPA, LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. For more
information contact: Richard Sherburne, LVFC at 702-798-2494.
5. HOTEL-MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings. conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.govfapplications/hoteli to see if a property is in compliance (FEMA ID is currently not
required), or to find other information about the Act.
6. LOBBYING AND LITIGATION - ALL RECIPIENTS
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
7. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
8. MULTI-YEAR GRANT - INTERIM FINANCIAL STATUS REPORTS
An interim Financial Status Report — also called the SF269 - must be submitted annually within 90 days
following the end of each 12-month period. All interim FSRs must be submitted to the EPA Grants
Specialist as identified on page one of this Assistance Agreement.
9. RECYCLED PAPER - PART 31 RECIPIENTS - STATE, TRIBES & LOCAL GOVERNMENTS
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental. Energy and Transportation Management (January 24. 2007), the recipient agrees
to use recycled paper and double sided printing for all reports which are prepared as a part of this
agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied
by EPA. or to Standard Forms, which are printed on recycled paper and are available through the General
Services Administration.
10. RECYCLED PRODUCTS - STATE AGENCIES AND POLITICAL SUBDIVISIONS
Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds
shall comply with tne requirements set forth in Section 6002 of the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the
course of the precedirig fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by EPA These guidelines are listed in 40 CFR 247,
11. REIMBURSEMENT LIMITATION
If the recipient expends more than the amount of federal funding in its EPA approved budget in
anticipation of receiving additional funds from EPA. it does so at its own risk, EPA is not legally obligated
to reimburse the recipient for costs incurred in excess of the EPA approved budget.
12. SINGLE AUDIT ANNUAL REPORTING REQUIREMENT
In accordance with OMB Circular A-133, which implements the single Audit Act, trie recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Feoeral
funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the SF-SAC and a Single Audit
Report Package. For fiscal periods 2002 to 2007 recipients are to submit hardcopy to the following
address:
Federal Audit Clearinghouse
1201 East 10th Street
Jeffersonville, IN 47132
For fiscaf periods 2008 and beyond the recipient MUST submit a copy of the SF-SAC and a Single
Audit Report Package. using the Federal Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions you will need to visit the
Federal Audit Ciearinghouse Web site hftp://harvestercensus.00v/faci
13. SUBAWARDS
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular
A-133 and are not used to acquire commercial goods or services for the recipient; •
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward
costs are necessary, reasonable. and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities:
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations, statutes, and terms and conditions which flow down in the subaward:
(7) Obtain EPA's consent before making a subaward to a foreign or international organization. or a
subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
plan in accordance with 40 CFR Parts 30.25 and 31.30. as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawarcls should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be
found at http://www.epa.aovioodiouideisubaward-oolicv-nart-7 twit Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of
OMB Circular A-133 can be found at http://vvww.epa.00v/ood/auide/subawards -amendx-b.ndf and
htto:1/wmv.whitehouse.00viombicircuiars/a133/2133.htm(
c. The recipient is responsible for selecting its subrecipients and. if applicable, for conducting subaward
competitions.
14, SUSPENSION & DEBARMENT: 2 CFR PART 1532
Redolent shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
'Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled 'Covered Transactions," includes a term or condition requiring
compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or
condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to
disclose tne information as required at 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at www.epis.ciov, This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters,'
15. TRAFFICKING VICTIMS OF 2000 - PART 31 RECIPIENTS
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended.
the following provisions apply to this award:
a. We. as the Federal awarding agency may unilaterally terminate this award, without penalty. if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to nave violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award, or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governrnentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term. (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA). as amended (22 U.S.C. 7104(g)).
and (2) is in addition to all Other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect: or use forced labor in the performance of the award or subawards under the award.
16. UNLIOUIDATED OBLIGATIONS TERM AND CONDITION: PART 31
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report-
also called the SF269 - to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after tne
expiration of the budget period end date. Completed SF269s must be faxed to 702-798-2423 or mailed to
the following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. The LVFC will make
adjustments, as necessary. to obligated funds after reviewing and accepting a final Financial Status
Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for
the closeout-of-the-asststance—agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with
this term and condition.
17. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small. Minority
and Women 's Business Enterprises in procurement under assistance agreements, contained in 40 CFR,
Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share
objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Share ObjectivesiGoals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of
the recipient's non-TAG assistance agreements from EPA in the current fiscal year is $250,000, or more.
The Michigan Department of Environmental duality has negotiated the following, applicable MBEANBE
fair share objectives/goals with EPA as follows:
Combined Rate: MBE-3% WBE-5%
• Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
If the recipient has not yet negotiated its MBENVBE fair share objectives/goals, the recipient
agrees to submit proposed MBEMBE objectives/goals based on an availability analysis, or disparity
study, of qualified MBEs ano WBEs in tneir relevant geographic buying market for construction, services,
supplies and equipment.
The recipient agrees to submit proposed fair share objectives/goals, together with the supporting
availability analysis or disparity study, to the Regional MBENVBE Coordinator within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals
within 30 days of receiving the submission. If proposed fair share objective/goals are not received within
the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective/goals are submitted
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR. Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors aiso comply. Records
documenting compliance with the six good faith efforts shell 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
contiacts and establish aelivery 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 wnether firms competing for large contracts could subcontract with
DBEs, For Indian Tribal, State and local Government recipients. this will include dividing total
requirements when econornically 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 Winority Business Development Agency of the
Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/YVBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A "MBE/WI3E Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year
reporting period the recipient receives the award, and continuing until the project is completed. Only
procurements with certified MBE/WBEs are counted toward a recipient's MBE/WBE
accomplishments. The reports must be submitted semiannually for the periods ending March 31 ° and
September 30th for:
Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF,
Brownfields); and
All other recipients not identified as annum reporters (40 CFR Part 30 and 40 CFR Part 35. Subpart A and
Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30 th and
October 30). Reports should be sent to
Adrianne M. Callahan, Region 6 MBE/WBE Coordinator
US EPA—Acquisition and Assistance Branch
77 West Jackson Boulevard, MC-10J
Chicago, IL 60604
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant
ends. Your grant cannot be officially closed without all MBE/WBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.eoaqov/osbp.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302,
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a oidders 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.
Programmatic Conditions
1. ENVIRONMENTAL RESULTS - RECIPIENT PERFORMANCE REPORTING
Recipients subject to 40 C.F.R. Part 31 (other than recipients of State or Tribal Program grants
under 40 C.F.R. Parts 35 Subparts A or B)
Performance Reports:
In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance reports that include grief
information on each of the following areas: 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement vsorkplan for the period; 2) the reasons for
slippage if established outputs/outcomes were not met; and 3) additional pertinent information, including,
when appropriate, analysis and information of cost overruns or high unit costs.
In accordance with 40 C.F.R. § 31.40 (d). the recipient agrees to inform EPA as soon as problems. delays
or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes
specified in the assistance agreement work plan.
2, NATIONAL HISTORIC PRESERVATION ACT
Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such
as invasive sampling or cleanup), the grantee shall consult with EPA regarding potential applicability of the
National Historic Preservation Act and, if applicable shall assist EPA in complying with any requirements
of the Act and implementing regulations.
Brownfields Assessment Grant Terms and Conditions
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 brown field sites as described in the EPA approved work plan.
A. Federal Policy and Guidance
1. a. Cooperative Agreement Recipients: In implementing this agreement the cooperative
agreement recipient (CAR) shall insure that work done with cooperative agreement funds
complies %Mtn the requirements of the Comprehensive Environmental Response,
Compensation. and Liability Act (CERCLA) 104(k). The CAR shall also ensure that
assessment activities supported with cooperative agreement funding comply with all
applicable Federal and State laws and regulations. By awarding this cooperative
agreement. EPA has approved the proposal the Cooperative Agreement Recipient
submitted in the Fiscal Year 2009 competition for Brownfields assessment cooperative
agreements. However, the CAR may not expend ("draw down") funds to carry out this
agreement until EPA's award official approves the final work plan.
b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate
requirements under the Davis-Bacon Act of 1931 for construction, repair or alteration
contracts and subcontracts "funded in whole or in part' with funds provided under this
agreement. If the CAR uses funds awarded under this agreement to contract for
construction, repair or alteration work, it must obtain recent and applicable wage rates
from the U.S. Department of Labor and incorporate them into the construction alteration
or repair contract. Activities conducted under assessment grants generally do not invoive
construction, alteration and repair within the meaning of the Davis-Bacon Act. The
recipient must contact EPA's Project Officer if there are unique circumstances (i.e.
removal of an underground storage tank or another structure i id I ebLcJidIUirl of tl le site)
which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry out
with funds provided under this agreement. The Agency will provide guidance on
Davis-Bacon Act compliance if necessary.
c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001. 66 Fed. Reg.
11225 ) of February 17, 2001, entitled "Preservation of Open Competition arid
Government Neutrality Towards Government Contractors' Labor Relations on Federal
and Federally Funded Construction Projects," as amended by Executive Order 13208
(April 11, 2001, 66 Fed. Reg. 18717) of April 6,2001, entitled "Amendment to Executive
Order 13202, Preservation of Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal and Federally Funded Construction
Projects.
d. The recipient must comply with Federal cross-cutting requirements. These requirements
include but are not limited to MBENVBE requirements found at 40 CFR 31.36(e) or 40
CFR 30.44(b); OSHA Worker Health & Safety Standard 29 CFR 1910.120: the Uniform
Relocation Act; National Historic Preservation Act: Endangered Species Act: and Permits
required by Section 404 of the Clean Water Act: Executive Order 11246, Equal
Employment Opportunity, and implementing regulations at 41 CFR 60-4: Contract Work
Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act
(40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by
Executive Orders 11914 and 11250.
B. Eligible Brownfield Site Determinations
1
The CAR must provide information to EPA about site-specific work prior to incurring any
costs under this cooperative agreement for sites that have not already been pre-approved
in the CAR's work plan by the EPA The information that must be provided includes
whether or not the site meets the definition of a brownfield site as defined in §101(39) of
CERCLA, the identity of the owner, and the date of acquisition.
b. If the site is excluded from the general definition of a brownfield but is eligible for a
property-specific funding determination, then the CAR must provide information sufficient
for EPA to make a property-specific funding determination The CAR must provide
sufficient information on how financial assistance will protect human health and the
environment, and either promote economic development or enable the creation of.
preservation of, or addition to parks, greenways. undeveloped property. other recreational
property, or other property used for nonprofit purposes. The CAR must not incur costs for
assessing sites requiring a property-specific funding determination by EPA until the EPA
Project Officer has advised the CAR that the Agency has determined that the property is
eligible.
a. For any petroleum contaminated brownfield site.that isnot included in the CAR's EPA
approved work plan, the CAR shall provide sufficient documentation to the EPA prior to
incurring costs under this cooperative agreement which includes (see the latest version of
EPA's Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund and
Cleanup Grants for discussion of this element);
(1) that a State has determined that the petroleum site is of relatively low risk,
as compared to other petroleum-only sites in the State,
(2) that the State determines tnere is no viable responsible party" for the site;
(3) that the State determines that the person assessing or investigating the site
is a person who is not potentially liable for cleaning op the site; and
(4) that the site is not subject to any order issued under section 9003(h) of the Solid
Waste Disposal Act.
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
b. Documentation must include the identity of the State program official contacted, the State
official's telephone number. the date of the contact, and a summary of the discussion
relating to the state's determination that the site is of relatively low risk, that there is no
viaole responsible party and that the person assessing or investigating the site is a person
who is not potentially liable for cleaning up the site. Other documentation provided by a
State to the recipient relevant to any of the determinations by the State must also be
provided to the EPA Project Officer.
c. If the State chooses not to make the determinations described in 2.a. above the CAR
must contact tne EPA Project Officer and provide the information necessary for EPA to
make the requisite determinations.
d. EPA must also make all determinations on the eligibility of petroleum contaminated
brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the
CAR must contact the EPA Project Officer and Provide the information necessary for EPA
to make the determinations described in 2.a. above.
IL GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
1. The term of this agreement is three years from the date of award , unless otherwise extended by
EPA at the CAR's request.
2. If after 1Y2 years from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, the Agency may terminate this agreement.
Sufficient progress is indicated by drawing down and obligating 35% of the funds to eligible
activities: examples of sufficient progress include procuring an environmental consultant and
having contracted for at least one Phase I report; having EPA approval of a QAPP1'
environmental sample collection is part of the scope of the approved CA work plan. For
assessment coalition grants, sufficient progress is demonstrated when a solicitation for services
has been released. sites are prioritized or ar inventory has been initiated if necessary. community
involvement activities have been initiated and a Memorandum of Agreement is in place within one
and a half years.
3. Assessment funding for any eligible brownfield site may not exceed S200.000 unless a waiver has
been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative
activities such as: monitoring; review of project phases: and approval of
substantive terms included in professional services contracts.
b. Suestantial EPA involvement also includes brownfields property-specific funding
determinations described in I.B. under Eligible Brownfield Site Determinations
above. If the CAR awards a subgrant for site assessment. the CAR must obtain
technical assistance from EPA on which sites qualify as a brownfield site and
determining whether the statutory prohibition found in section 104(k)(4)(13)(i)(IV)
of CERCLA applies. This prohibition precludes the subgrantee from using EPA
funds to assess a site for which the subgrantee is potentially liable under §107
of CERCLA.
c. Substantial EPA involvement may include reviewing financial and environmental
status reports; and monitoring all reporting, record-keeping, and other program
requirements.
d. EPA may waive any of the provisions in term and condition 11.6.1., with the
exception of property-specific funding determinations. EPA will provide waivers
in writing.
Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document. or cost incurred under this
cooperative agreement, will not have any effect upon CERCLA §128
Response Site determinations or for rights, authorities, and actions under
CERCLA or any Federal statute.
b. The CAR remains responsible for ensuring that all assessments are protective
of human health and the environment and comply with all applicable Federal
and State laws.
c. The CAR and its subgrantees remain responsible for incurring costs that are
allowable under the applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional (s) to coordinate,
direct, and oversee the brownfield assessment activities at a particular site, if they oo not have such a
professional on staff,
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients
and contractors are consistent with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages
awarding subgrants competitively and the CAR must consider awarding subgrants through competition.
4. The CAR is responsible for assuring that EPA's Brownfrelds Assessment Grant funding received
under this grant, or in combination with any other previously awarded Brownfields Assessment Grant does
not exceed the $200.000 assessment grant funding rimitation for an individual brownfieid site. Waiver of
this funding limit for a brownfield site must be approved by EPA prior to the expenditure of fundtng
exceeding $200.000. in no case may EPA funding exceed $350,000 on a site receiving a waiver.
(Note: Cooperative Agreement Recipients expending funding from a community-wide
assessment grant on a particular site must include such funding amount in any total
funding expended on the site.)
D. Quarterly Progress Reports
1. The CAR must uiiilete cert.! u ID mit relevant portions of the Property Profile Form reporting the
commencement of a Phase I assessment, the expenditure of $1,000 or more of grant funds at a property
or the completion of a property assessment. The CAR must submit the updated Property Profile Form
reflecting such events within 30 days after the end of the Federal fiscal quarter in which The event
occurred. The CAR may be provided access to an on-line reporting system, the Assessment. Cleanup and
Redevelopment Exchange System (ACRES), by the EPA Project Officer to perform their reporting
requirements, Alternately. the CAR may complete a hard copy version of the Property Profile Form
available from their EPA Project Officer or on-line at http://www.epa.gov/brownfields/pubs/rptforms.htm.
2. The CAR must submit progress reports on a quarterly basis (30 days after the enc of each
Federal fiscal quarter) to the EPA Project Officer. The progress reports must document incremental
progress at achieving the project goals and milestones. Quarterly progress reports must include:
a. Documentation of progress at meeting performance outcomes/outputs, project narrative,
project time line and an explanation for any slippage in meeting established
output/outcomes.
b. An update on project milestones.
c. A budget recap summary page with the following headings: Current Approved Budget
Costs Incurred this Quarter: Costs Incurred to Date; and Total Remaining Funds.
d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated
brownfields sites.
e. Recipient quarterly reports must clearly identify which activities performed during the
reporting period were undertaken with EPA funds, and must relate EPA-funded activities
to the objectives and milestones agreed upon in the work plan including a list of sites
where assessment activities were completed. Absent a Property Profile Form and
consistent with the EPA approved work plan for this agreement, activities undertaken with
EPA funds to be included in quarterly performance and financial reporting may include:
1. Acres per property
2. Assessments started/completed
3. No cleanup required
4. Types of contaminants found
5. Acres of greenspace created
5. Engineering/institutional controls required, what type and whether they are in place
7. Cleanup plans
8, Redevelopment underway
9. Funds leveraged
10. Jobs leveraged
11 Health monitoring studies, insurance, institutional controls funded
3. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended on specific sites under this grant.
4. The CAR must maintain records tnat will enable it to report to EPA on the amount of funds
expenoed by the CAR at petroleum sites identified in the EPA approved work oian.
5. in accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as
problems. delays or adverse conditions become known which will materially impair the ability to
meet the outputs/outcomes specified in the assistance agreement work plan.
FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the work plan, cooperative agreement funds may be used for
eligible programmatic expenses to inventory. characterize. assess. and conduct planning and outreach
Eligible programmatic expenses include activities described in Section R/ of these Terms anu Conditions.
In addition, such eligible programmatic expenses may include:
a. Determining whether assessment activities at a particular site are authorized by CERCLA
104(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws. as required by CERCLA 104(k);
c. Using a portion of the grant to purchase environmental insurance for the
characterization or assessment of the site. Funds may not be used to
purchase insurance intended to provide coverage for any of the Ineligible Uses
under Section B.
d. Any other eligible programmatic costs including direct costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing subgrants to
the extent allowable under III B. 2.; and carrying out community involvement pertaining to the
assessment activities.
2. Local Governments only. No more than 10% of the funds awarded by this agreement may be
used for brownfielcl program development and implementation (including monitoring of health and
institutional controls) as described in the EPA approved work plan. The CAR must maintain
records on any funds used to carry out all program development and/or health monitoring and
institutional control activities to ensure that no more than 10% of its funds were used in this
manner
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Cleanup activities;
b. Development activities that are not brownfields assessment activities (e.g.,
construction of a new facility);
c. Job training unrelated to performing a specific assessment at a site covered by
the grant;
d. To pay for a penalty or fine;
e. To pay a federal cost share requirement (for example, a cost-share required by another
Federal grant) unless there is specific Statutory authority;
f. To pay for a response cost at a brownfield site for.which the recipient of the grant or
subgrant is potentially liable under CERCLA §107;
To pay a cost of compliance with any federal law, excluding the cost of compliance with
laws applicable to the assessment: and
Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.
2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable ()NIB Circulars
a. ineligible administrative casts include costs incurred in the form of salaries,
benefits, contractual costs, supplies. and data processing charges. incurred to
comply with most provisions of the Uniform Administrative Requirements for
Grants contained in 40 CFR Part 31, Direct costs for grant administration, with
tne exception of costs specifically identified as eligible programmatic costs. are
ineligible even if the grant recipient is required to carry out the activity under the
grant agreement.
ineligible grant administration costs include direct costs for:
(1) Preparation of applications for US EPA Browrftid grantsisulegrants:
(2) Record retention required under 40 CFR 31.42;
(3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 31.32 and 31.33;
(4) Preparing revisions and changes in the budgets, scopes of wore, program plans and
other activities required under 40 CFR 31.30;
(5) Maintaining and operating financial management systems required under 40 CFR 31:
(6) Preparing payment requests and nandling payments under 40 CFR 31.21:
(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133: and
(8) Close out under 40 CFR 31.50.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed. or proposed for listing, on the National Priorities List (NPL).
b. Facilities subject to unilateral administrative orders, court orders, administrative
orders on consent or judicial consent decree issued to or entered by parties
under CERCLA:
c. Facilities that are subject to the jurisdiction. custody Of control of the United
States government except for land held in trust by the United States
government for an Indian tribe, or
c. A site excluded from the definition of a brownfield site for which EPA has not made a
property-seecitic funding determination.
4. The CAR must not include management fees or similar charges in excess of the direct costs or at
the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or
similar charges refers to expenses added.to the direct costs in order. to accumulate and reserve funds for
ongoing Pusiness expenses, unforeseen liabilities, or for other similar costs that are not allowable unde.:-
EPA assistance agreements. Management fess or similar charges may not be used to improve Of expand
the project funded under this agreement, except to the extent authorized as a direct cost of carrying out
the scope of work.
C. Interest -Bearing Accounts and Program Income
1. In accordance with 40 CFR 31.25(g)(2). the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of this
agreement. Program income for the assessment CAR shall be defined as the gross income received by
the recipient, directly generated by the cooperative agreement award or earned during the period of the
award. Program Income includes, but is not limited to, fees charged for conducting assessment, site
characterizations, clean up planning or other activities when the costs for the activity is charged to this
agreement.
2. The CAR must deposit advances of grant funds and program income (e.g.. fees) in an interest
bearing account.
a. Interest earned on advances. CARs are subject to the provisions of 40 CFR
§31.21(i) to remitting interest on advances to EPA on a quarterly basis.
b. Interest earned on program income is considerea additional program income.
IV. ENVIRONMENTAL ASSESSMENT REQUIREMENTS
A. Authorized Assessment Activities
Prior to conducting or engaging in any on-site activity with the potential to impact historic
properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of
the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any
requirements of the Act and implementing regulations.
B. Quality Assurance (OA) Requirements
1, When environmental samples are collected as part of the brownfield assessment , the CAR shall
comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices
sufficient to proouce data adequate to meet project objectives and to minimize data loss. State law may
impose additional OA resuirements.
C. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA approves
work plan. This must be done through a final report or letter from a qualified environmentai professional.
or other documentation provided by a State or Tribe that shows assessments are complete.
D. All Appropriate Inquiry
1. As required by CERCLA §104(k)(2)(B)(ii) and CERCLA *101(35)(B), the CAR shall ensure that a
''Phase l site cnaracterization and assessment carried out under this agreement will be performed in
accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the Practices in ASTM
standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site
Assessment Process," or EPA's All Appropriate Inquiries Final Rule. This does not preclude the use of
grant funds for additional site characterization and assessment activities that may be necessary to
characterize the environmental impacts at the site or to comply with applicable State standards
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
1 The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgranth that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of
impartiality. Such situations include, but are not limited to. situations in which an employee, official,
consultant. contractor, or other individual associated with the CAR (affected party) approves or
administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other
interest. Such a conflict of interest or appearance of lack of impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her Partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of
monetary value from subgrant recipients. Recipients may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic
value. To the extent permitted by State or local law or regulations, such standards of
conduct will provide for penalties. sanctions, or other disciplinary actions for violations of
such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
The CAR may request payment from EPA pursuant to 40 CFR §31.21(c).
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 31.50.
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF MUNICIPALITY]
The Oakland County Brownfield Consortium Agreement ("the Agreement") is entered into between the
County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph_ Pontiac,
Michigan 48341 ("County"), and the [Name and Address of Municipality], a Michigan Municipal
Corporation ("Municipality"). In this Agreement the County and the Municipality may also he referred
to individually as "Party!' or jointly as "Parties".
PURPOSE OF AGREEIVWNI. The County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, and Pontiac (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPA") Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites.
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On (insert date) the EPA and the County entered into a Cooperative
Agreement, Number BF-00E92301-0, with respect to the one million (1,000_000.00) Brownfield
Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site seleation process, distribution of funds and the mechanisms for
implementing the work to be performed with grant funds.
Therefore, pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301-0.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement.
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement. whether
used in the singular or plural. within or without quotation marks, or possessive or nonpossessive,
shall be defined, read. and interpreted as follows.
Pagel
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification. amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative Aereement means the agreement awarded to the County by the Environmental
Protection Agency Number BF-00E92301-0 and attached as Exhibit A to this Agreement
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons successors.
1,5. Lta_y means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipality means the , a Michigan Municipal Corporation including, but not
limited to, its Council, Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members. commissioners, authorities.
committees, employees, agents, subcontractors, attorneys, volunteers, andlor any such
persons successors.
1.7. Oakland County Brownfield Cousortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights. and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant.
1.8. Project Mana2er means the individual designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
1 AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A — Cooperative Agreement, Number BF-00E92301-0, between the County and the
EPA
3. COUNTY RESPONSIBILITES.
3.1. The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant finds for the 2009 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
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OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
3.3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3.7. The County shall have quarterly meetings for the Consortium,
3.8. The Project Manager and the County shall determine the brownfield sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the brownfield
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4. MUNICIPALITY RESPQNsiBrint_Es.
4.1, The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants.
4.3. The Municipality shall designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine brownfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant,
The names of these individuals shall be conveyed to the individuals listed in Section 17.1,
5. FINANCIAL RESPONSIBILLTIF
5.1. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement. the Cooperative Agreement.
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
5.2. The Municipality shall be allocated one hundred thousand dollars ($100,000.00) to be used to
assess brownfield sites in its geographic area.
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OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT - FINAL
6. DURATION OF THE AGREEMPNI.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties.
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30. 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7. ASSURANCES/LIABILITY.
7.1. Each Party shall comply with all federal. state, and local ordinances, regulations,
administrative rules, laws. and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
for Brownfield Assessment Grants.
7.2, Each Party shall be responsible for its own acts and the acts of its employees, and agents, the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations, administrative rules, or laws shall be the responsibility of the entity
committing the violation.
7,3. A Party who is non-compliant with this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state. and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
noncompliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7.4. To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to. distributions
from the Delinquent Tax Revolving Fund (DIR_F).
7,5. The Panics have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
8. Either Party may terminate anclior
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
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OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FLNAL
which were allocated to the Municipality, bu not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIF.S. Except as provided for the benefit of the Parties. this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION,. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
PERMITS AND LICENSU. Each Party shall be responsible for obtaining and maintaining.
throughout the term of this Agreement, all licenses, permits. certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12, RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair.
divest, delegate. or contravene any constitutional. statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUI . Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party,
14. NO IMPLIED WAIVES. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement. whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
Al) other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers. captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service. certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual. receipt; (21 the next business day when notice is sent
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OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT - FINAL
• j 1 #
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1, If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan
48328.
17.2. If Notice is sent to the Municipality, it shall be addressed to:
17.3, Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18. GOVERNING LAW. This AgFeement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGR_ELLIENELcillaNi5JAWAffljiahlikiaafiT Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF. Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that be has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED:
Chairperson
Oakland County Board of Commissioners
WITNESSED:
Cerk/Register of Deeds
County of Oakland
[Municipality Signature Block]
DATE:
DATE:
Page 6
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
FISCAL NOTE (MISC. #09264) November 12, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/ WASTE
RESOURCE MANAGEMENT — ACCEPTANCE OF UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELD CONSORTIUM ASSESSMENT GRANT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution authorizes acceptance of a Brownfield Consortium Assessment
Grant from the U.S. Environmental Protection Agency in the amount of
$1,000,000.
2. Oakland County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, and Pontiac (collectively known as the Oakland County
Brownfield Consortium) have formed a coalition for this assessment grant with
Oakland County serving as the grant recipient.
3. Each of the five cities in the consortium will receive $100.000 to perform
environmental investigations and Oakland County will receive the balance of
$500,000 to perform Phase I and II environmental investigations on Brownfield
sites located in other County municipalities not associated as part of the Oakland
County Brownfield Consortium.
4 The award includes $994,000 for site assessment activities at sites contaminated
by hazardous substances Or by petroleum, $2,000 for site inventory and
selection, $3.000 for administration, and $1,000 for community outreach and
redevelopment activities.
5. The award is the same amount as the grant application.
6. The grant funding period is October 1, 2009 through September 30, 2012.
7 No county match or General Fund/General Purpose funding is required for the
grant.
8. An amenement to the FY 2010 Special Revenue Budget for the Brownfield
Consortium Assessment Grant (Project # GR0000000472) is recommended as
follows:
FUND 29411
Revenues
1090201-174220-610313 Grants — Federal
Expenditures
1090201-174220-731073 Legal Services
1090201-174220-731468 Professional Services
1090201-174220-732018 Travel & Conference
1090201-174220-750399 Office Supplies
Total Expenditures
FY 2010
$1,000,000
$ 4,000
990,000
5,000
1,000
$1 000,000
0
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
ti /i t
Resolution #09264 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted),
AYES' CapeIlo, Coulter, Douglas. Gershenson, Gingell, Gosselin. Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I MY APPOE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
12, 2009, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 12th day of November, 2009.
e
Ruth Johnson, County Clerk