HomeMy Public PortalAbout15-9108 ENTER INTO AN AGREEMENT W/ TERRACON CONSULTANTS INC Sponsored by: City Manager
RESOLUTION NO. 15-9108
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH TERRACON CONSULTANTS, INC.
SPEARHEADING THE IMPLEMENTATION OF THE CITY-
WIDE ASSESSMENT $400,000 AWARD FROM THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE
WHEREAS, In FY 2015, the City of Opa-locka requested funding through an
Competitive process for $400,000, $200,000 for Petroleum and $200,000 for
Substances Community Wide Assessment and through a Cooperative Agreement;
and
WHEREAS,The USEPA awarded the City of Opa-locka$400,000; and
WHEREAS, The City of Opa-locka is required to procure Brownfield's
Consulting Services and Environmental Engineering Services from an experienced
Brownfield/environmental firm to carry out the tasks for this grant and for future
USEPA Brownfield Grants. The City's procurement procedures are required to be in
accordance with 2 CFR Parts 200 and 1500, ensuring that contractors comply with
the terms of their agreements, and that agreements between the City and
consultant(s) comply with the terms and conditions of the cooperative agreement.
The selected firm is well-established and professional firm licensed in the State of
Florida that is capable of satisfying all the requirements associated with
implementation of the grant and associated regulatory requirements. The consultant
is required to provide any and all professional environmental engineering services
for the preparation of high quality designs and physical elements of an assigned
project. The services to be provided by the firm shall include, but are not limited to,
the following: Environmental Engineering scope of services studies and reports,
Environmental Engineering analysis and design, Environmental Assessments,
Resolution No. 15-9108
Construction plans and specifications preparation, Preparation of bid package, assist
with bidding and contract award; and
WHEREAS, The City Commission of the City of Opa-locka authorizes the
City Manager to enter into an agreement with Terracon Consultant, Inc.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby directs and
authorizes the City Manager to sign the agreement with Terracon Consultants, Inc.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28th day of October, 2015.
Iii► ' i
Myra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
1 fz
Jo:nna Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Resolution No. 15-9108
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER KELLEY
Commissioner Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
rp r cer
9
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Memorandum
a
To: Roy Stephen"Steve" Shiver Jr. c�
City Manager r
<
rry
Vincent Brown
City Attorney '
r�7
Fr: Delia R Kennedy '1111PC,
Grant Administrator
Re: Urgency in Placing EPA Brownfield as an add-on
Dt: October 27, 2015
Due to the urgency expressed by USEPA and the importance to meet our contract award
administration, it is necessary for the consultant to implement this contract in accordance with
the USEPA timelines and their visit in the month of November to our City of Opa-Locka.The
project period is 10/1/2015 to 9/30/2018 and was executed by USEPA on 8/25/2015.
Thank you
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting Date, 10/28/2015 Item Type. Toselarwa Ondlemece Other
X
(EnterXin box)
Fiscal Impact, Ordinance Reading, riandas rivaling
(Enter X in box) Yee PI (Enter X in box)
X 100%Paid Public Hearing. Sza I tax Tee No
by Grant no (Enter X in box) X
Match
Funding Source: (Enter Fund&Dept) Advertising Requirement.
(Enter Acct No) USEPA Brownfield (EnterXin box) X
Engineering Consultant
Paid 100%from Grant
Contract/P.O.Required. Tea No RFP/RFQJBid#, 15-0210100
(Enter X in box) X
Strategic Plan Related Strategic Plan Priority Area, Strategic Plan Obj./Strategy, (list the specific
(Enter X in box) X objective/strategy this item will address)
Enhance Organizational
Bus.&Economic Dev • Improve Health and Safety for our residents,
Public Safety p business,stakeholders and visitors,through
Quality of Education El removel of contamination,clean up,
Qual.of Life&City Image • remediation and re-development
Communcation El
Sponsor Name City Manager Department.CIP/Community CIE/Comma:11y Development and Grant
Development and Grant Administration
Administration
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AUTHORIZING THE CITY MANAGER
AND/OR DESIGNEE/INTERIM TO ENTER INTO AN AGREEMENT WITH THE HIGHLY QUALIFIEED AND MOST RESPONSE
BIDDER TERRACON CONTULTANTS INC LOCATED IN MIAMI LAKES,FLORIDA
'4 ; 4,..w AZ!,7447, 4T174111,7 '
During the past 50 years, Terracon has won the prestigious "Oscars of the Environmental Engineering Field" called The
Phonix Awareds in Brownfields, environmental assessments, cleanup and stigmatized collateral are all part of the same
business dilemma: how to make sustainable redevelopment happen on contaminated properties. Terracon's knowledge and
proven experience combines reconstruction with environmental remedy. Through consulting "beyond the chemistry,"
Terracon provides our brownfields assessment and redevelopment clients with property-specific solutions at the pace
required of business,not environmental regulation.The City of Opa-locka and future developers are desiring to capitalize on
Brownfields programs as part of their redevelopment strategy can benefit from Terracon's award-winning private and
public site redevelopment experience. Terracon has written and have been awarded over 180 USEPA Federal Cooperative
Agreements in Region 4 Florida alone,not to mention across the nation.
With hard work, committment, passion and due diligence from our staff, our community received a $400,000 community -
wide assessment grant to clean, remediate and re -develop land in our City to attract developers and businesses. Staff highly
recommends the acceptance of Terracon to lead the way of our City's efforts to assess, clean up, remediate and planning
efforts for re -development. Terracon will manage and implement assessment, clean up remediation and re -development
effortsthroughout the City in order that we can continue to simultaneously project the journey of progress to the fullest
potential of our City.
Staff recommends the adoption of the Resolution to authorize the City Manager to sign an agreement with Terracon
Consutlants, Inc following the federal cooperative mandate of hiring through the RFQ process a qualified and competent
engineering consultantcy firm that must be in place before the November, 2015 Kick-off conducted by USEPA with all
residents and stakeholders carrying the lead in the largest outpour of community support. USEPA needs to ensure that the
Consultant is in place before the apparent government shutdown in order to have our consultants jump start our Brownfield
USEPA Grant Award.
Attachments: USEPA Cooperative Agreement
Resolution # 15-9034 & 15-9038
Tabulation Scoring Sheets from Evaluation Committee 10 26 2015 Committee Members are as follows:
Faye Douglas, Budget Administrator
Arshaq Viqar, PE,
Bala Somasundaram, Environmental Engineering Specialist, City Grant Compliance Consultant
Delia R Kennedy, Grant Administrator and USEPA Appointed Brownfield Program Manager for Opa-locka
Gerald Lee, Zoning Official/Planner and USEPA Appointed Brownfield Program Co -Manager for Opa-locka
Prepared by: Delia Rosa Kennedy, Grant Administrator
Q lock
O O
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Memorandum
TO. Mayor Myra L.Taylor
Vice Mayor Timothy Holmes
Commissioner Joseph Kelley
Commissioner Luis B Santiago
Commissioner Terence K Pinder
FROM. Roy"Stpiie_.
City Manager.,:,,
DATE. October 28, 2015
RE: USEPA BROWNFIELD IMPLEMENTATION BY TERRACON CONSULTANTS INC
Request. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HIGHLY QUALIFIEED AND MOST RESPONSIVE
BIDDER TERRACON CONTULTANTS INC.,LOCATED IN MIAMI LAKES,FLORIDA
Description: The City issues an RFP# 15-0210100 for Brownfield Consulting Services. The City received Eight
(8) proposals. Terracon was the most responsive and responsible proposal. During the past 50 years, Terracon has
won the prestigious "Oscars of the Environmental Engineering Field" called The Phoenix Awards in Brownfield's,
environmental assessments, and cleanup and including how to make sustainable redevelopment happen on
contaminated properties. Terracon's knowledge and proven experience combines reconstruction with environmental
remedy. Through consulting "beyond the chemistry," Terracon provides their Brownfield's assessment and
redevelopment clients with property-specific solutions at the pace required of business,not environmental regulation.
The City of Opa-locka and future developers desiring to capitalize on Brownfield's programs as part of their
redevelopment strategy can benefit from Terracon's award-winning private and public site redevelopment
experience. Terracon has written and have been awarded over 180 USEPA Federal Cooperative Agreements in Region
4 Florida alone,not to mention across the nation.
Financial Impact The City's Budget will not be impacted by a match from the funder however; the City's will
undergo a positive impact on the future development of Brownfield sites that will increase the City's worth and assets.
Implementation Time Line. November 1, 2015,USEPA Kick-off December,2015
Legislative History. None
Recommendation(s),. Staff highly recommends the acceptance of Terracon to lead the way of our City's efforts to
assess, clean up, and remediate and planning efforts for re-development. Terracon will manage and implement
assessment; clean up remediation and re-development efforts throughout the City in order that we can continue to
simultaneously project the journey of progress to the fullest potential of our City. The Terracon Principal
spearheading this project created the"QAPP"Quality Assurance Project Plan now used by USEPA Nation-Wide.
Staff recommends the adoption of the Resolution to authorize the City Manager to sign an agreement with Terracon
Consultants, Inc following the federal cooperative mandate of hiring through the RFQ process a qualified and
competent engineering consultancy firm that must be in place before November 1, 2015 in preparation for the Opa-
locka Kick-off conducted by USEPA in December 2015 with all residents and stakeholders carrying the lead in the
largest outpour of community involvement. USEPA needs to ensure that the Consultant is in place before the apparent
government shutdown in order to have our consultants jump start our Brownfield USEPA Grant Award.
Attachment(s): USEPA Cooperative Agreement 00D321150BF
Resolution# 15-9034& 15-9038
Tabulation Scoring Sheets from Evaluation Committee 10 26 2015 Committee Members are as
follows:
Faye Douglas,Budget Administrator
Arshaq Viqar,PE,
Bala Somasundaram,Environmental Engineering Specialist,City Grant Compliance Consultant
Delia R Kennedy,Grant Administrator and USEPA Appointed Brownfield Program Manager for
Opalocka
Gerald Lee,Zoning Official/Planner and USEPA Appointed Brownfield Program Co-Manager for
Opa-locka
END OF MEMORANDUM
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Sponsored by: City Manager
RESOLUTION NO. 15-9038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS
(RFQ) FOR CITYWIDE ENVIRONMENTAL CONSULTING
SERVICES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The City has received a grant from the EPA in the amount of $400,000 to
conduct a Brownsfield Assessment; and
WHEREAS, the Grant from the EPA requires the City to obtain the services of an
experienced Brownsfield/Environmental Firm; and
WHEREAS,procurement must be done in compliance with 2 CFR Parts 200 and 1500.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to issue an RFQ for a Environmental Consulting Firm that is qualified to perform
services to administer the EPA Grant referenced herein and with funds to be used from the EPA
Grant.
PASSED AND ADOPTED this 22nd day of July, 2015.
4.4Y TA OR
YOR
Resolution No. 15-9038
Attest to: Approved as to form and legal sufficiency:
4)SLA <
Jo.)na Flores Vincent T. Brown, Esq.
City Clerk BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
Sponsored by: City Manager
RESOLUTION NO. 15-9034
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT GRANT FUNDS FROM THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) IN THE
AMOUNT OF $400,000 AND TO COMPLY WITH THE
FEDERAL MANDATE TO HIRE A QUALIFIED
BROWNSFIELD/ENVIRONMENTAL CONSULTANT AND TO
EXECUTE A REQUIRED COOPERATIVE AGREEMENT;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The City has been awarded a $400,000 Grant from the EPA to conduct a
City-wide assessment to characterize environmental contamination and develop plans for
cleanup of Brownsfield sites; and
WHEREAS, the City is required to hire an environmental consultant with expertise in
this areas; and
WHEREAS, The City is required to execute a Cooperative Agreement a part of this
project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to accept the Grant from the EPA referenced herein and to execute the Cooperative
Agreement and advertise for an Environmental Consultant.
PASSED AND ADOPTED this 22nd day of July, 2015.
C 1.4
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting Date. July 10,2015 Item Type. C 0 - after
X
(Enter Xin box)
Fiscal Impact, Ordinance Reading.
(Enters in box) :, (EnterX in box)
x Public Hearing. " s J ldu
(EnterX in box) X
Funding Source, (Enter Find&Dept) Advertising Requirement, Yee. •;llfd.
(Enter Acct No.) USEPA Brownfield (Enter Xin box) X
Contract/P.O.Required. ... RFP/RFQfBid#.
(EnterX in box) x
Strategic Plan Related ,,,„7:',V„,44, Strategic Plan Priority Area. Strategic Plan Obj./Strategy. (list the
(EnterX in box) x specific objective/strategy this item will address)
Enhance Organizational
Bus.&Economic Dev • Improve Health and Safety for our
Public Safety (] residents,business,stakeholders and
Quality of Education El visitors
Qual.of Life&City Image •
Communcation
Sponsor Name City Manager Department.CIP CIF/Public Works &Finance
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA.AUTHORIZING THE CITY MANAGER
ACCEPT GRANT FUNDING AWARD FROM THE UNITED STATES DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
AMOUNT OF$400,000.00 AND TO AUTHORIZE THE CITY MANAGER TO COMPLY WITH THE FEDERAL MANDATE OF
ADVERTISING FOR A BROWNFIELD ENVIRONMENTALLY SPECIFIC ENGINEERING CONSULTANTS AND TO ADHERE TO
THE SCOPE PF SERVICES UNDER THE ATTACHED COOPERATIVE AGREEMENT AND OT IMMEDIATELY UNDERTAKE THE
PROJECT WORKPLAN
444-1. N 1��+i;
h f +" y d 8 '' { �` Adao-S :' yr
The City of Opa-locka' s Community-wide Assessment $400,000 funds allow the City to characterize environmental
contamination of properties and to develop Cleanup Plans for Brownfield's sites that are intertwined within our community.
Our geographic footprint, within Miami-Dade County, has been ranked by the Florida Department of Environmental
Protection amongst the dirtiest/worst Counties for clean water with impaired or threatened uses of surface waters and water
bodies (scorecard.goodguide.com). Due to the City's small geographic size, the target area is community-wide;within the
BF-00D32115-0 Page 1
8�,� GRANT NUMBER(FAIN): 00D32115
_ V.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
(4,,,;r,i PROGRAM CODE: BF 08/25/2015
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New
09/01/2015
Cooperative Agreement PAYMENT METHOD: ACH#
k ASAP 40156
RECIPIENT TYPE: Send Payment Request to:
Municipal Las Vegas Finance Center
RECIPIENT: PAYEE:
City of Opa-locka City of Opa-locka
12950 N.W.42nd Ave. 12950 N.W. 42nd Ave.
Opa-locka,FL 33054 Opa-locka, FL 33054
EIN: 59-6000394
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Charmaine Parchment Margaret Olson Sharonita Johnson
12950 N.W.42nd Ave. 61 Forsyth Street Grants and Audit Management Section
Opa-locka,FL 33054 Atlanta,GA 30303-8960 E-Mail: johnson.sharonita @epa.gov
E-Mail: cparchment @opalockafl.gov E-Mail: olson.margaret @epa.gov Phone:404-562-8311
Phone:305-953-2868 X 1304 Phone:404-562-8601
PROJECT TITLE AND DESCRIPTION
Brownfields Assessment and Cleanup Cooperative Agreements
This action provides a new award in the amount of$400,000 to the City of Opa-locka,FL to conduct community-wide assessments at Brownfields sites
potentially contaminated with hazardous substances and/or petroleum products.The recipient may also develop a site inventory,prioritize sites and conduct
Phase I and/or Phase II assessments.Funds may also be used for public outreach,community involvement,and cleanup/reuse planning activities.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2015 - 09/30/2018 10/01/2015 - 09/30/2018 $400,000.00 $400,000.00
NOTICE OF AWARD
Based on your Application dated 06/16/2015 including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA)hereby awards$400,000. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding
total federal funding of$400,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award
by either:1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or
amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this
award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
U.S.EPA, Region 4
61 Forsyth Street Resource Conservation and Restoration Division
Atlanta,GA 30303-8960 61 Forsyth Street
Atlanta,GA 30303-8960
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Keva R.Lloyd-Grants Management Officer DATE
08/25/2015
EPA Funding Information BF-00D32115-0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $400,000 $400,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $400,000 $400,000
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66.818-Brownfields Assessment and Cleanup CERCLA:Sec. 104(k)(2) 2 CFR 200
—Cooperative Agreements 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
1504VT5025 15 E4 04VOAG7 301D79 4114 G400NY00 - 200,000
1504VT5025 15 E4 04VOAG7 301D79XBP 4114 G400OR00 - 200,000
400,000
BF-00D32115-0 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $12,000
2.Fringe Benefits $0
3.Travel $6,000
4.Equipment $0
5.Supplies $0
6.Contractual $382,000
7.Construction $0
8.Other $0
9.Total Direct Charges $400,000
10.Indirect Costs: % Base $0
11.Total(Share: Recipient 0.00% Federal 100.00%.) $400,000
12.Total Approved Assistance Amount $400,000
13.Program Income $0
14.Total EPA Amount Awarded This Action $400,000
15.Total EPA Amount Awarded To Date $400,000
BF-00D32115-0 Page 4
Administrative Conditions
GENERAL TERMS AND CONDITIONS
The recipient agrees to comply with the current EPA general terms and conditions available at:
http://www.epa.gov/ogd/tc%eneral tc applicable as recipients dec 26 2014.pdf. These terms
and conditions are in addition to the assurances and certifications made as part of the award and
the terms, conditions or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
http://www.epa.gov/ogd/tc.htm.
The applicable terms and conditions below are in addition to the general terms and conditions
noted above:
1. ANNUAL FFR(INTERIM)PURSUANT TO 2 CFR 200.327
Pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal
Financial Report(141{'R, SF-425) to EPA no later than 90 calendar days following the
anniversary of the award date. The form is available on the internet at:
http://www2.epa.gov/financial/forms.
The following reporting period end dates shall be used for interim annual reports: 3/31,
6/30, 9/30, or 12/31.
At the end of the project, the recipient must submit a final FFR to EPA no later than 90
calendar days after the end of the project period. The form is available on the
internet at: http://www2.epa.gov/financial/forms. All FFRs must be submitted to the Las
Vegas Finance Center(LVFC) via email LVFC-grants @epa.gov or fax at 702-798-2423.
2. UTILIZATION OF SMALL,MINORITY AND WOMEN'S BUSINESS
ENTERPRISES
GENERAL COMPLIANCE,40 CFR,Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business
Enterprise (DBE) Program for procurement activities under assistance agreements, contained in
40 CFR, Part 33.
MBE/WBE REPORTING,40 CFR,Part 33,Subpart E
MBE/WBE reporting is required in annual reports. Reporting is required for assistance
agreements where there are funds budgeted for procuring construction, equipment, services and
supplies, including funds budgeted for direct procurement by the recipient or procurement under
subawards or loans in the"Other" category that exceed the threshold amount of$150,000,
including amendments and/or modifications.
Based on EPA's review of the planned budget, this award meets the conditions above and is
subject to the Disadvantaged Business Enterprise (DBE) Program reporting requirements.
However, if recipient believes this award does not meet these conditions, it must provide Charles
Hayes at hayes.charles @epa.gov with a justification and budget detail within 21 days of the
award date clearly demonstrating that,based on the planned budget, this award is not subject to
the DBE reporting requirements.
The recipient agrees to complete and submit a"MBE/WBE Utilization Under Federal Grants,
Cooperative Agreements and Interagency Agreements"report (EPA Form 5700-52A) on an
annual basis. All procurement actions are reportable, not just that portion which exceeds
$150,000.
When completing the annual report,recipients are instructed to check the box titled"annual" in
section 1B of the form. For the final report, recipients are instructed to check the box indicated
for the "last report" of the project in section 1B of the form. Annual reports are due by October
30th of each year. Final reports are due by October 30`h or 90 days after the end of the project
period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or
budgeted funds for procurement are required to report annually whether the planned
procurements take place during the reporting period or not. If no budgeted procurements take
place during the reporting period, the recipient should check the box in section 5B when
completing the form.
MBE/WBE reports should be sent to:
U.S. Environmental Protection Agency
Grants Management Office
SNAFC, 61 Forsyth Street,SW
Atlanta,GA 30303
cc: johnson.sharonita @epa.gov
The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's
Home Page at http://www.epa.gov/osbp/dbe reporting.htm
This provision represents an approved deviation from the MBE/WBE reporting requirements as
described in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40
CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 40
CFR Part 33 Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33
Subpart D and explained below.
FAIR SHARE OBJECTIVES,40 CFR,Part 33,Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair
share objectives for MBE and WBE participation in procurement under the financial assistance
agreements.
In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share
objectives requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with
their DBE coordinator, if they think their organization may qualify for an exemption.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's
financial assistance agreements in the current federal fiscal year from EPA is $250,000, or more.
The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA
by the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION as follows:
MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9%
WBE: CONSTRUCTION 3%; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3%
By signing this financial assistance agreement, the recipient is accepting the fair share
objectives/goals stated above and attests to the fact that it is purchasing the same or similar
construction, supplies, services and equipment, in the same or similar relevant geographic buying
market as the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION.
Negotiating Fair Share Objectives/Goals,40 CFR,Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the
recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees
to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity
study, of qualified MBEs and WBEs in their relevant geographic buying market for construction,
services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study
means that the recipient is not accepting the fair share objectives/goals of another recipient. The
recipient agrees to submit proposed fair share objectives/goals, together with the supporting
availability analysis or disparity study, to the Regional MBE/WBE 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.
Objective/Goals of Loan Recipients
As a recipient of an EPA financial assistance agreement to capitalize revolving loan funds, the
recipient agrees to either apply its own fair share objectives negotiated with EPA to identified
loans using a substantially similar relevant geographic market, or negotiate separate fair share
objectives with its identified loan recipients. These separate objectives/goals must be based on
demonstrable evidence of the availability of MBEs and WBEs in accordance with 40 CFR, Part
33, Subpart D.
The recipient agrees that if procurements will occur over more than one year, the recipient may
choose to apply the fair share objective in place either for the year in which the identified loan is
awarded or for the year in which the procurement action occurs. The recipient must specify this
choice in the financial assistance agreement, or incorporate it by reference therein.
SIX GOOD FAITH EFFORTS,40 CFR,Part 33,Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors
also comply. Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local
and Government recipients, this will include placing DBEs on solicitation lists and
soliciting them whenever they are potential sources.
(b)Make information on forthcoming opportunities available to DBEs and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a
way that encourages and facilitates participation by DBEs in the competitive process.
This includes, whenever possible,posting solicitations for bids or proposals for a
minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this
will include dividing total requirements when economically feasible into smaller tasks or
quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one
of these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development
Agency of the Department of Commerce.
(f)If the prime contractor awards subcontracts, require the prime contractor to take the
steps in paragraphs (a) through (e) of this section.
CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section
33.302.
BIDDERS LIST,40 CFR,Section 33.501(b)and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree
to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to
capitalize a revolving loan fund also agree to require entities receiving identified loans to create
and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and(c) for specific
requirements and exemptions.
Programmatic 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 brownfield sites as described in the
EPA approved work plan.
A. Federal Policy and Guidance
1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA
has approved the proposal for the Cooperative Agreement Recipient(CAR) submitted
in the Fiscal Year 2015 competition for Brownfields assessment cooperative
agreements. The CAR may not expend ("draw down") funds to carry out this
agreement until EPA's Project Officer approves the workplan.
b. In implementing this agreement, the CAR shall ensure that work done with
cooperative agreement funds complies with the requirements of the Comprehensive
Environmental Response, Compensation, and Liability Act(CERCLA) § 104(k). The
CAR shall also ensure that assessment activities supported with cooperative
agreement funding comply with all applicable Federal and State laws and regulations.
c. The recipient must comply with Federal cross-cutting requirements. These
requirements include but are not limited to, DBE requirements found at 40 CFR Part
33; OSHA Worker Health& Safety Standard 29 CFR 1910.120; the Uniform
Relocation Act; National Historic Preservation Act; Endangered Species Act; and
Permits required by Section 404 of the Clean 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.
d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and
associated U.S. Department of Labor(DOL) regulations for all construction,
alteration and repair contracts and subcontracts awarded with funds provided under
this agreement. Activities conducted under assessment grants generally do not
involve construction, alteration and repair within the meaning of the Davis-Bacon
Act. The recipient must contact EPA's Project Officer if there are unique
circumstances (e.g. removal of an underground storage tank or another structure and
restoration of the site) which indicate that the Davis-Bacon Act applies to an activity
the CAR intends to carry out with funds provided under this agreement. The Agency
will provide guidance on Davis-Bacon Act compliance if necessary.
B. Eligible Brownfields Site Determinations
1. a. The CAR must provide information to EPA about site-specific work prior to
incurring any costs under this cooperative agreement for sites that have not already
been 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, whether the CAR is the potentially responsible
party under CERCLA 107 and/or has defenses to liability.
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 may
request a property-specific funding determination. In their request,the CAR
must provide information sufficient for EPA to make a property-specific
funding determination on how financial assistance will protect human health
and the environment, and either promote economic development or enable
the creation of,preservation of, or addition to parks, greenways,undeveloped
property, other recreational property, or other property used for nonprofit
purposes. The CAR must not incur costs for assessing sites requiring a
property-specific funding determination by EPA until the EPA Project
Officer has advised the CAR that the Agency has determined that the
property is eligible.
2. a. For any petroleum contaminated brownfield site that is not included in the
CAR's
EPA approved work plan, the CAR shall provide sufficient documentation to the EPA
prior to incurring costs under this cooperative agreement which includes (refer to the
latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants dated
October 2014 for discussion of this element)documenting that:
(1) a State has determined that the petroleum site is of relatively low
risk,
as compared to other petroleum-only sites in the State,
(2) the State determines there is "no viable responsible party" for the site;
(3) the State determines that the person assessing or investigating the site
is a person who is not potentially liable for cleaning up the site; and
(4) the site is not subject to any order issued under section 9003(h) of the Solid
Waste Disposal Act.
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
b. Documentation must include (1) the identity of the State program official
contacted, (2) the State official's telephone number, (3) the date of the
contact, and(4) a summary of the discussion relating to the state's
determination that the site is of relatively low risk,that there is no viable
responsible party and that the person assessing or investigating the site is not
potentially liable for cleaning up the site. Other documentation provided by
a State to the recipient relevant to any of the determinations by the State
must also be provided to the EPA Project Officer.
c. If the State chooses not to make the determinations described in 2.a. above,
the CAR must contact the EPA Project Officer and provide the information
necessary for EPA to make the requisite determinations.
d. EPA will make all determinations on the eligibility of petroleum-contaminated
brownfields sites located on tribal lands (i.e.,reservation lands or lands otherwise in
Indian country, as defined at 18 U.S.C. 1151). Before incurring costs for these sites,
the CAR must contact the EPA Project Officer and provide the information necessary
for EPA to make the determinations described in 2.a. above.
II. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
1. The term of this agreement is three years from the date of award, unless otherwise
extended by EPA at the CAR's request.
2. If after 18 months from the date of award, EPA determines that the CAR has not made
sufficient progress in implementing its cooperative agreement, the recipient must
implement a corrective action plan approved by the EPA Project Officer, or EPA may
terminate this agreement for material non-compliance with its terms. For purposes of
assessment grants, the recipient demonstrates "sufficient progress" when 35% of funds
have been drawn down and obligated to eligible activities; for assessment coalition grants
"sufficient progress" is demonstrated when a solicitation for services has been released,
sites are prioritized or an inventory has been initiated if necessary, community
involvement activities have been initiated and a Memorandum of Agreement (for
Assessment Coalitions)is in place.
3. Assessment funding for an eligible brownfield site may not exceed$200,000 unless a
waiver has been granted by EPA. Following the granting of a waiver, funding is not to
exceed$350,000 at the site.
B. Substantial Involvement
1. The EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by EPA generally includes administrative activities
such as monitoring, reviewing project phases, and approving substantive
terms included in professional services contracts.
b. Substantial EPA involvement also includes brownfields property-specific
funding determinations described in I.B. under Eligible Brownfields Site
Determinations above. If the CAR awards a subaward for site assessment,
the CAR must obtain technical assistance from EPA on which sites qualify
as a brownfield site and determine whether the statutory prohibition found in
section 104(k)(4)(B)(i)(N) of CERCLA applies. This prohibition precludes
the subrecipient from using EPA funds to assess a site for which the
subrecipient is potentially liable under§ 107 of CERCLA. (See Section
II.C.3 for more information on subawards.)
c. Substantial EPA involvement may include reviewing financial and
environmental status reports; and monitoring all reporting,record-keeping,
and other program requirements.
d. EPA may waive any of the provisions in term and condition II.B.1. with the
exception of property-specific funding determinations. EPA will provide
waivers in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this
cooperative agreement, will not have any effect upon CERCLA § 128
Eligible Response Site determinations or rights, authorities, and actions
under CERCLA or any Federal statute.
b. The CAR remains responsible for ensuring that all assessments are
protective of human health and the environment and comply with all
applicable Federal and State laws.
c. The CAR and its subrecipients remain responsible for incurring costs that are
allowable under 2 CFR Part 200 Subpart E.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to
coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do
not have such a professional on staff.
2. The CAR is responsible for ensuring that contractors and subrecipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subrecipients
and contractors comply with the terms and conditions of this agreement.
3. Subawards are defined at 2 CFR 200.92. The CAR may not subaward to for-profit
organizations. The CAR must obtain commercial services and products necessary to carry out
this agreement under competitive procurement procedures as described in 2 CFR Part 200.317
through 200.326. In addition, EPA policy encourages awarding subawards competitively and the
CAR must consider awarding subawards through competition.
4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding
received under this grant, or in combination with any other previously awarded Brownfields
Assessment grant does not exceed the $200,000 assessment grant funding limitation for an
individual brownfield site. Waiver of this funding limit for a brownfields site must be approved
by EPA prior to the expenditure of funding exceeding$200,000. In no case may EPA funding
exceed$350,000 on a site receiving a waiver.
5. CARs expending funding from a community-wide assessment grant on a particular site
must include such funding amount in any total funding expended on the site.
6. The CAR will provide project updates to the State Brownfields or Voluntary Cleanup
Program (VCP)contact on a regular basis.
a. The CAR will make the State aware of all site-specific Phase II
assessment activities to be initiated.
b. The CAR will provide the State an opportunity to review and comment on
all technical reports, including Quality Assurance Project Plans
(QAPPs), sampling plans, Analysis of Brownfields Cleanup Alternatives
(ABCAs), and cleanup plans.
c. The CAR should involve the State in any site eligibility determinations.
7. Competency of Organizations Generating Environmental Measurement Data:
In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the
Competency of Organizations Generating Environmental Measurement Data under
Agency-Funded Assistance Agreements, the CAR agrees, by entering into this agreement,
that it has demonstrated competency prior to award, or alternatively, where a pre-award
demonstration of competency is not practicable, the CAR agrees to demonstrate
competency prior to carrying out any activities under the award involving the generation
or use of environmental data. The CAR shall maintain competency for the duration of the
project period of this agreement and this will be documented during the annual reporting
process. A copy of the Policy is available online at
http://www.epa.gov/fem/lab comp.htm or a copy may also be requested by contacting the
EPA Project Officer for this award.
8. Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia
(a)The recipient agrees that when collecting and managing environmental data under this
assistance agreement, it will protect the data by following all applicable State or Tribal
law cybersecurity requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or
information system and EPA networks used by the recipient to transfer data under this
agreement, are secure. For purposes of this Section, a connection is defined as a dedicated
persistent interface between an Agency IT system and an external IT system for the
purpose of transferring information. Transitory, user-controlled connections such as
website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental
Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to
contact the EPA Project Officer(PO) no later than 90 days after the date of this award
and work with the designated Regional/Headquarters Information Security Officer to
ensure that the connections meet EPA security requirements, including entering into
Interconnection Service Agreements as appropriate. This condition does not apply to
manual entry of data by the recipient into systems operated and used by EPA's regulatory
programs for the submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes under this agreement will require the
subrecipient to comply with the requirements in(b)(1) if the subrecipient's network or
information system is connected to EPA networks to transfer data to the Agency using
systems other than the Environmental Information Exchange Network or EPA's Central
Data Exchange. The recipient will be in compliance with this condition: by including this
requirement in subaward agreements; and during subrecipient monitoring deemed
necessary by the recipient under 2 CFR 200.331(d),by inquiring whether the subrecipient
has contacted the EPA Project Officer. Nothing in this condition requires the recipient to
contact the EPA Project Officer on behalf of a subrecipient or to be involved in the
negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
9. Geospatial Data Standards
All geospatial data created must be consistent with Federal Geographic Data Committee
(FGDC) endorsed standards. Information on these standards may be found at
www.fgdc.gov.
D. Quarterly Progress Reports
1. In accordance with EPA regulations 2 CFR Parts 200 and 1500(specifically, 200.328
monitoring and reporting program performance ), the CAR agrees to submit quarterly
progress reports to the EPA Project Officer within thirty days after each reporting period.
These reports shall cover work status, work progress, difficulties encountered,
preliminary data results and a statement of activity anticipated during the subsequent
reporting period, including a description of equipment, techniques, and materials to be
used or evaluated. A discussion of expenditures and financial status for each workplan
task, along with a comparison of the percentage of the project completed to the project
schedule and an explanation of significant discrepancies shall be included in the report.
The report shall also include any changes of key personnel concerned with the project.
In addition,the report shall include brief information on each of the following areas: 1) a
comparison of actual accomplishments to the anticipated outputs/outcomes specified in
the cooperative agreement work plan; 2) reasons why anticipated outputs/outcomes were
not met; 3) other pertinent information, including, when appropriate, analysis and
explanation of cost overruns or high unit cost,4) a list of the properties where assessment
activities were performed and/or completed during the reporting quarter, and 5) a budget
recap summary table with the following information: current approved project budget;
costs incurred during the reporting quarter; costs incurred to date (cumulative
expenditures); and total remaining funds. If applicable, the budget must provide separate
accounting of costs incurred at hazardous substances brownfields sites and
petroleum-only brownfields sites. The CAR should include an explanation of any
discrepancies in the budget from the approved workplan. The CAR agrees that it will
notify EPA of problems, delays, or adverse conditions which materially impair the ability
to meet the outputs/outcomes specified in the cooperative agreement workplan.
2. Quarterly progress reports must clearly differentiate which activities were completed with
EPA funds provided under the BF Assessment grant, versus any other funding source
used to help accomplish grant activities. The EPA-funded activities must be related to
the objectives and milestones in the EPA approved work plan.
3. The CAR must maintain records that will enable it to report to EPA on the amount of
funds expended on specific properties under this cooperative agreement.
4. In accordance with 2 CFR 200.328 (d) (1), the CAR agrees to inform EPA as soon as
problems, delays, or adverse conditions become known which will materially impair the
ability to meet the outputs/outcomes specified in the approved workplan.
E. Property Profile Submission
1. The CAR must report on interim progress (i.e., assessment started) and any final
accomplishments (i.e., assessment completed, cleanup required, contaminants, Institution
Controls,Engineering Controls)by completing and submitting relevant portions of the
Property Profile Form using the Brownfields Program on-line reporting system, known as
Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must
enter the data in ACRES as soon as the interim action or final accomplishment has
occurred, or within 30 days after the end of each reporting quarter. EPA will provide the
CAR with training prior to obtaining access to ACRES. The training is required to obtain
access to ACRES. The CAR must utilize the ACRES system unless approval is obtained
from the regional Project Officer to utilize and submit the Property Profile Form instead.
2. The CAR must obtain approval from the EPA Project Officer before expending
cooperative agreement funds to purchase computer supplies to comply with the on-line
reporting system activities.
F. Community Outreach
The cooperative agreement recipient agrees to clearly reference EPA investments in the project
during all phases of community outreach outlined in the EPA-approved work plan, which may
include the development of any post-project summary or success materials that highlight
achievements to which this project contributed. Specifically:
1. Public or Media Events
The Recipient agrees to notify the EPA Project Officer listed in this award document of
public or media events publicizing the accomplishment of significant events related to
construction projects as a result of this agreement, and provide the opportunity for
attendance and participation by federal representatives with at least ten (10) working days
notice.
2. Limited English Proficiency Communities
To increase public awareness of projects serving communities where English is not the
predominant language, recipients are encouraged to include in their outreach strategies
communication in non-English languages. Translation costs for this purpose are
allowable, provided the costs are reasonable.
G. Final Technical Cooperative Agreement Report with Environmental Results
1. In accordance with EPA regulations 2 CFR Parts 200 and 1500(specifically, 200.328
monitoring and reporting program performance ), the CAR agrees to submit to the EPA
Project Officer within 90 days after the expiration or termination of the approved project
period a final technical report on the cooperative agreement and at least one reproducible
copy suitable for printing. The final technical report shall document project activities over
the entire project period and shall include brief information on each of the following
areas: 1) a comparison of actual accomplishments with the anticipated outputs/outcomes
specified in the assistance agreement work plan; 2)reasons why anticipated
outputs/outcomes were not met; and 3) other pertinent information, including, when
appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees
that it will notify EPA of problems, delays, or adverse conditions which materially impair
the ability to meet the outputs/outcomes specified in the cooperative agreement workplan.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the work plan, cooperative agreement funds may be used
for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and
outreach. Eligible programmatic expenses include activities described in Section IV of these
Terms and Conditions. In addition, such eligible programmatic expenses may include:
a. Determining whether assessment activities at a particular site are authorized by
CERCLA § 104(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws, as required by CERCLA § 104(k);
c. Using a portion of the grant to purchase environmental insurance for the
characterization or assessment of the site. Funds may not be used to purchase
insurance intended to provide coverage for any of the Ineligible Uses under
Section BIB.
d. Any other eligible programmatic costs including direct costs incurred by the
recipient in reporting to EPA; procuring and managing contracts; awarding and
managing subawards to the extent allowable under III. B. 2; and carrying out
community involvement pertaining to the assessment activities.
2. Local Governments only. No more than 10% of the funds awarded by this agreement
may be used for brownfield program development and implementation (including
monitoring of health and institutional controls)as may be described in the EPA
approved work plan. The CAR must maintain records on funds that will be used to carry
out these tasks as identified in the EPA approved workplan to ensure compliance with
this requirement.
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following
activities:
a. Cleanup activities;
b. Development activities that are not brownfields assessment activities (e.g.,
construction of a new facility);
c. Job training unrelated to performing a specific assessment at a site covered by the
grant;
d. To pay for a penalty or fine;
e. To pay a federal cost share requirement (for example, a cost-share required by another
Federal grant) unless there is specific statutory authority;
f. To pay for a response cost at a brownfields site for which the recipient of the grant or
subaward is potentially liable under CERCLA § 107;
g. To pay a cost of compliance with any federal law, excluding the cost of compliance
with laws applicable to the assessment; and
h. Unallowable costs (e.g., lobbying and fund raising) under 2 CFR Part 225 for
state, local and tribal governments, as applicable.
2. Under CERCLA § 104(k) (4) (B), administrative costs are prohibited costs under this
agreement. Prohibited administrative costs include all indirect costs under 2 CFR Part 225 for
state, local and tribal governments, as applicable.
a. Ineligible administrative costs include costs incurred in the form of salaries,
benefits, contractual costs, supplies, and data processing charges, incurred to
comply with most provisions of the Uniform Administrative Requirements,
Cost Principles and Audit requirements for Federal Awards at 2 CFR 200
and 2 CFR 1500. Direct costs for grant administration, with the exception of
costs specifically identified as eligible programmatic costs, are ineligible
even if the grant recipient is required to carry out the activity under the grant
agreement.
b. Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for brownfields grants;
(2) Record retention required under 2 CFR 1500.6;
(3) Record-keeping associated with equipment purchases required under 2 CFR
200.313;
(4) Preparing revisions and changes in the budgets, scopes of work,program plans
and other activities required under 2 CFR 200.308;
(5) Maintaining and operating financial management systems required under 2 CFR
200.302;
(6) Preparing payment requests and handling payments under 2 CFR 200.305;
(7) Non-federal audits required under 2 CFR 200 Subpart F; and
(8) Close out under 2 CFR 200.343.
3. Cooperative agreement funds may 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 brownfields site for which EPA has
not made a property-specific funding determination.
C. Interest-Bearing Accounts and Program Income
1. In accordance with 2 CFR 1500.7, the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of
this agreement. Program income for the assessment CAR shall be defined as the gross income
received by the recipient, directly generated by the cooperative agreement award or earned during
the period of the award. Program income includes, but is not limited to, fees charged for
conducting assessment, site characterizations, clean up planning or other activities when the costs
for the activity is charged to this agreement.
2. The CAR must deposit advances of grant funds and program income (i.e. fees) in an
interest bearing account.
a. For interest earned on advances, CARs are subject to the provisions of 2
CFR 200.305(b)(7)(ii)relating to remitting interest on advances to EPA on a
quarterly basis.
b. Interest earned on program income is considered additional program income.
c. The CAR must disburse program income (including interest earned on
program income)before requesting additional payments from EPA as
required by 2 CFR 1500.8.
IV.ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
1. Prior to conducting or engaging in any on-site activity with the potential to impact
historic properties (such as invasive sampling),the CAR shall consult with EPA
regarding potential applicability of the National Historic Preservation Act and, if
applicable, shall assist EPA in complying with any requirements of the Act and
implementing regulations.
B. Quality Assurance(QA) Requirements
1. When environmental data is collected as part of the brownfields assessment, the CAR
shall comply with 2 CFR 1500.11 requirements to develop and implement quality
assurance practices sufficient to produce data adequate to meet project objectives and to
minimize data loss. State law may impose additional QA requirements.
2. The CAR must have an EPA approved QAPP in place before beginning each property
specific environmental assessment, funded wholly or in part by this agreement, that
includes sampling and analysis of environmental media. The CAR should allow EPA
adequate time (generally 45 days)for review and approval. The QAPP should be
consistent with the EPA Region 4 "Brownfields Quality Assurance Project Plans
(QAPPs)Interim Instructions: Generic QAPP and Site Specific QAPP for Brownfields
Site Assessments and/or Cleanups,"July 2010 and later revisions.
C. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA
approved work plan. This must be done through a final report or letter from a qualified
environmental professional, or other documentation provided by a State or Tribe that
shows assessments are complete.
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 performed in accordance with EPA's standard for all appropriate inquiries. The
CAR shall utilize the practices in ASTM standard E1527-13 "Standard Practices for
Environmental Site Assessment: Phase I Environmental Site Assessment Process," or
EPA's All Appropriate Inquiries Final Rule"All Appropriate Inquiries Rule: Reporting
Requirements and Suggestions on Report Content", (Publication Number: EPA
560-F-14-003). This does not preclude the use of grant funds for additional site
characterization and assessment activities that may be necessary to characterize the
environmental impacts at the site or to comply with applicable State standards.
2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement
must comply with 40 C.F.R. Part 312 and must, at a minimum, include the information
below. All AAI reports submitted to EPA Project Officers as deliverables under this
agreement must be accompanied by a completed"All Appropriate Inquiries Final Rule:
Reporting Requirements Checklist for Assessment Grant Recipients" (Publication
Number: EPA 560-R-10-030)that EPA's Project Officer will provide to the recipient.
The checklist also is available to grantees on the EPA website at
www.epa.gov/brownfields.
a. An opinion as to whether the inquiry has identified conditions indicative of
releases or threatened releases of hazardous substances, and as applicable,
pollutants and contaminants, petroleum or petroleum products, or controlled
substances, on, at, in, or to the subject property.
b. An identification of"significant" data gaps (as defined in 40 C.F.R.
312.10), if any, in the information collected for the inquiry. Significant data
gaps include missing or unattainable information that affects the ability of
the environmental professional to identify conditions indicative of releases or
threatened releases of hazardous substances, and as applicable,pollutants
and contaminants,petroleum or petroleum products, or controlled
substances, on, at, in, or to the subject property. The documentation of
significant data gaps must include information regarding the significance of
these data gaps.
c. Qualifications and signature of the environmental professional(s). The
environmental professional must place the following statements in the
document and sign the document:
• "[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 §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"P'or"We."
d. In compliance with §312.31(b), the environmental professional must include
in the final report an opinion regarding additional appropriate investigation
, if the environmental professional has such an opinion.
3. EPA may review checklists and AAI final reports for compliance with the AAI regulation
documentation requirements at 40 CFR part 312 (or comparable requirements for those
using ASTM Standard 1527-13). Any deficiencies identified during an EPA review of
these documents must be corrected by the recipient within 30 days of notification.
Failure to correct any identified deficiencies may result in EPA disallowing the costs for
the entire AAI report as authorized by 2 CFR 200.338 through 2 CFR 200.342. If a
recipient willfully fails to correct the deficiencies the Agency may consider other
available remedies under 2 CFR 200.342.
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award
of subawards that create real or apparent personal conflicts of interest, or the CAR's appearance
of lack of impartiality. Such situations include, but are 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 subawards to a subrecipient in which the affected party
has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality
may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv)An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subrecipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of
monetary value from subrecipients. Recipients may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic
value. To the extent permitted by State or local law or regulations, such standards of
conduct will provide for penalties, sanctions, or other disciplinary actions for violations
of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
DRAFT Assessment T&C 5/20/05
1. The CAR may request payment from EPA pursuant to 2 CFR 200.305.
1.
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 2 CFR 200.343. EPA will close out the
award when it determines that all applicable administrative actions and all required work of the
grant have been completed.
2. The CAR, within 90 days after the expiration or termination of the grant, must submit all
financial, performance, and other reports required as a condition of the grant.
a. The CAR must submit the following documentation:
(1) The Final Report as described in II.G. of the Assessment Terms and
Conditions.
(2) A Final Federal Financial Report (14FR- SF425). Submitted to:
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bld C, Rm 503
Las Vegas, NV 89119
Fax: (702)798-2423
http://www.epa.gov/ocfo/finservices/payinfo.html
(3) A Final MBE/WBE Report(EPA Form 5700-52A). Submitted to
the regional
office.
b. The CAR must ensure that all appropriate data has been entered into ACRES
or all Property Profile Forms are submitted to the Region.
c. The grantee must immediately refund to the Federal agency any balance of
unobligated(unencumbered) cash advanced that is not authorized to be
retained for use on other grants.