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HomeMy WebLinkAboutContract 39891BF - 96616401 - 0 Pape 1 kP ASSISTANCE ID NO. U.J. ENVIRONMENTAL DATE OF AWARD PRG DOC ID AMEND# 02/16/2010 BF - 96616401 - 0 ! 'u PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 02/23/2010 '� Cooperative Agreement PAYMENT METHOD: ACH 6ACH# 68 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: CITY SECRETARY City of Fort Worth Texas City of Fort Worth Texas 1000 Throckmorton St. 1000 Throckmorton St, Fort Worth, TX 76102 Fort Worth, TX 76102 EIN: 75-6000528 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Michael A. Gange Camisha Scott Jeraldine Englerth 1000 Throckmorton St, 1445 Ross Avenue, Suite 1200, 6SF-VB Grant Programs Section, 6MD-CG Fort Worth, TX 76102 Dallas, TX 75202-2733 E-Mail: Englerth.Jeraldine@epamaii.epa.gov E-Mail: michael.gange@fortworthgov.org E-Mail: Scott,Camisha@epamail.epa.gov Phone:214-665-7402 Phone: 817-329-6569 Phone: 214-665-6752 PROJECT TITLE AND DESCRIPTION Fort Worth Brownfields Hazardous Substances This is a Brownfield 's Assessment cooperative assistance agreement because it will assist the City of Fort Worth, a municipality, to develop and establish a local Brownfields Program that is in accordance with the Brownfields Revitalization Act of 2002 and EPA Brownfields Program National Guidance. This cooperative agreement will enable the recipient to meet EPA Strategic Goal Number 4 by supporting the City of Fort Worth to identify/inventory brownfields properties; to conduct environmental site assessments on brownfields properties; and to conduct outreach activities to inform citizens and communities about its community -wide Brownfields Program. This cooperative agreement will also assist the City of Fort Worth in obtaining information and tools the City needs to carry out their responsibilities in connection with assessment and cleanup of brownfields properties to move properties towards reuse/redevelopment. This a cooperative agreement because EPA will be substantially involved with the cooperative agreement recipient in making site eligibility determinations based on ownership and environmental contamination constituents - limited to the definition under Brownfields Revitalization Act of 2002 - before expending cooperative grant funds on environmental site assessments. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 03/01/2010 - 09/30/2013 03/01/2010 - 09/30/2013 $2002000,00 $200,000,00 NOTICE OF AWARD Based on your application dated 09/01/2009, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000. 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 and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter I. Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS Grant Programs Section, 6MD-CG U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Superfund Division (6SF) Dallas, TX 75202-2733 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official Terrie Mikus, Chief 02/16/2010 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION TYPED NAME AND TITLE DAT Fernando Costa, Assistant City Manager 04- 6*40� APPROVED AS TO FORM &LEGALITY: Title: Assistant City Attorney ATTEST: Printed Name: Marty Hendrix Title: City Secretary Date: I U.S. Environmental Protection Agency Cooperative Agreement BF-96616401-0 U � moo OFFICI�� �F.^C�tD FT. WORTH, TX EPA Funding Information BF - 96616401 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 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 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup Cooperative Agreements CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. I Budget PRC Object Site/Project Cost Obligation / Code I Organization Class I Organization Deobligation TESAS 11006BFG01311 E4CJ 0600AGA 402D79DI 4114 G60ONYOI C0011 200,00 BF - 96616401 - 0 Page 3 RiOrtM Summary Pana Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $19500 4. Equipment $0 5. Supplies . $500 6. Contractual $196,500 7. Construction $0 8. Other $1,500 9. Total Direct Charges $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $200,000 12. Total Approved Assistance Amount $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15, Total EPA Amount Awarded To Date $200,000 Detailed Table B Budget Page: 1 Table B - Program Element Classification Total Approved Allowable (Non -construction) Budget Period Cost 1. Personnel - - - _ $0 2. Fringe Benefits $0 i - -- - - - -- 3. Travel - J $1,5001 4. Equipment $0! 5. Supplies $500 6. Contractual - - $1960500 , -- _ -- -- - 7. Construction $0= -- -- 8. Other - $1,5001. -- -- -- -- 96 10. $' 11. Total (Share: Recip % Fed %) $200,000 12. Total Approved Assistance Amount $200,000 BF - 96616401 - 0 Page 4 Administrative Conditions This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of performance evaluation and program review, have been detailed in specific output objectives which resulted from negotiation between EPA and the recipient. These areas are included in the application for this award and have become a part of this Agreement. 1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the project work for which assistance has been awarded under this Agreement, in accordance with all applicable provisions of 40 CFR Chapter 1, Subchapter B. The recipient warrants, represents, and agrees that it and all its contractors, employees and representatives, will comply with all APPLICABLE provisions of 40 CFR Chapter 1, Subchapter B, INCLUDING BUT NOT LIMITED TO the provisions of 40 CFR Parts 31, 32, 33, 34 and 35. This award may be reduced or terminated at such time the recipient fails to comply with the program objectives, grant award conditions, or Federal reporting requirements. 2. Recipient standards of administration, property management, procurement and financial management, as well as records and facilities of recipients, their contractors and subcontractors are subject to audit and inspection by the Comptroller General of the United States and the U.S. Environmental Protection Agency in accordance with Office of Management and Budget (OMB) Circulars A-87, A-102, or A-110, as appropriate, A-133 and 40 CFR Part 31. The recipient's standards governing procurement will be in accordance with 40 CFR, Part 31.36, Part 33 and OMB Circular A.102. The recipient shall maintain a financial management system which meets the requirements of 40 CFR Part 31.20. 3. The Federal share of allowable expenditures chargeable to this assistance project will be financed by the EPA AUTOMATED CLEARING HOUSE (EPA-ACH) PAYMENT SYSTEM or U.S. TREASURY AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM. The recipient will strictly adhere to the accounting and reporting procedures described in the EPA-ACH Recipient's Manual for the duration of the project. Three conditions should receive special attention: a. Cash drawdowns will be made only as actually needed for disbursements. b. SPECIAL NOTE: When a drawdown under the EPA-ACH Payment System occurs, the recipient must show the Assistance Agreement Numbers} under "Financial Data" on the EPA-ACH Payment Request Form. Requests for payment should be faxed to: (702) 798-2423 Las Vegas Finance Center Attention: Region 6 Financial Specialist c. The recipient will impose the same standards of timing and reporting on secondary recipients, if any. 4. Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a t_evel IV of the Executive Schedule (formerly GS-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, 2010, the limit is $596.00 per day and $74.50 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 provide 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). 5. 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, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Current Fair Share Objective/Goal The award amount of this assistance agreement is $250,000, or less; or the total dollar amount of all of the recipient's financial assistance agreements from EPA in the current Federal fiscal year is $250,000, or less. Therefore, the recipient of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part 33, Subpart D, and is not required to negotiate a fair share objective/goal for the utilization of MBE/WBEs in its procurements. SI7� 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) Require 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. (1) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE 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 31S` and September 30`h for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual 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`h and October 30). Reports should be sent to the Regional MBE/WBE COORDINATOR. 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 maybe obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa. og v/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 and sub 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) pnd (c) for specific requirements and exemptions. 6. The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain adrug-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 36.51 U. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.html. 7. 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.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 8. 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. 9. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 10. 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. 11. In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal 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 .('learinghouse 1201 East 10`h Street Jeffersonville, IN 47132 - For fiscal 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 Clearinghouse Web site: http://haiwester.census. ovg� /fac/ 12. 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. 13. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 in its. EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. 14. Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information required under 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipients may access the Excluded Parties List System at http://www.e.pls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and. Other Responsibility Matters." 15. 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 have 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 Governmentwide Debarment and Suspension (Nonprocurement),is 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. I - 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. Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a quarterly Federal Financial Report (SF-425) to EPA no later than 30 calendar days following the end of the reporting quarter. The following reporting period end dates shall be used for interim reports:. 3/31, 6/30, 9/30, or 12/31. At the end of the project, the recipient must submit a final Federal Financial Report to EPA no later than 90 calendar days -after the end of the project period. The form is available on the Internet at http://www.epa.gov/ocfomnservices/forms.htm . All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final_ Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance 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. Congress has prohibited EPA from using its FY 2010 appropriations to provide funds to the Association of Community Organizations for Reform Now (ACORN or any of its subsidiaries. None of the funds provided under this agreement may be used for subawards/subgrants or contracts to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to their EPA Grants Management Office. Programmatic Conditions Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to Brownfields Assessment Grants awarded under CERCLA 104(k). I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, -and planning relating to brownfield sites as described in the EPA approved work plan. A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: 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. In implementing this agreement, the CAR shall insure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg: 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. d. The recipient must comply with Federal cross -cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR 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 604; Contract Work Hours and Safety Standards Act, as amended (40 USG 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. e. 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, aIteration 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 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 l . 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, the identity of the owner, and the date of acquisition. b. If the site is excluded from the general definition of a Brownfield, but is eligible for a property -specific funding determination, then the CAR must provide information sufficient for EPA to make a property -specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property -specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2. a. For any petroleum contaminated Brownfield site that is not included in the CAR)s EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants for discussion of this element): (1) that a State has determined that the petroleum site is of relatively low risk, as compared *to other petroleum -only sites in the State, (2) that the State determines .there is "no viable responsible party" for the site; (3) that the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) that the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include the identity of the State program official contacted, the State official's telephone number, the date of the contact, and a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA must also make all determinations on the eligibility of petroleum contaminated 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 l . 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 1 %year from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, EPA may terminate this agreement. 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 is in place within one and a half years. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver. B. Substantial Involvement l . The U.S. EPA maybe substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; review of project phases; and approval of substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property -specific funding determinations described in I.B. under Eligible Brownfzelds Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determining whether the statutory prohibition found in section 104(k)(4)(B)(1)(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 II.B.l., with the exception of property -specific funding determinations. EPA will provide waivers in writing. 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project. phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities,. and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. C. Cooperative Agreement Recipient Roles and Responsibilities l . The. CAR must acquire the services of a qualified environmental professionals} to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors are consistent with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for -profit organizations. The CAR must obtain commercial services and products. necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment. grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. (Note: Cooperative Agreement Recipients expending funding from acommunity-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. a. The CAR must report on interim progress and any final accomplishments by completing and submitting relevant portions of the Property Profile Form (e.g., the initiation of assessment activities, the completion of assessment activities, and contaminants). The CAR must submit the updated Property Profile Form reflecting such events as soon as the accomplishment has occurred, or within 30 days after the end of the Federal fiscal quarter in which the event occurred. The CAR will be provided access to an on line reporting system, the Assessment, Cleanup and Redevelopment Exchange System, 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.gpa.gov/brownfields/pubs/Iptfonns.htm. b. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include: i. Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes (see D.1.d. below for specifics). ii. An update on project milestones. iii. A budget recap summary page with the following headings: (A) Current Approved Budget; (B) Costs Incurred this Quarter; (C) Costs Incurred to Date; and (D) Total Remaining Funds. iv. If applicable, quarterly reports must specify costs incurred at petroleum contaminated brownfields sites. c . 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. To the extent 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. Assessment Start Date (interim measure to show grant progress) 2. Acres per property 3. Assessments completed 4. No cleanup required S. Types of contaminants found 6. Acres of greenspace created 7. Engineering/institutional controls required, what type and whether they are in place 8. Cleanup plans 9. Redevelopment underway 10. Funds leveraged 11. Jobs leveraged 12. Health monitoring studies, insurance, institutional controls funded 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific sites under this grant. 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended by the CAR at petroleum sites identified in the EPA approved work plan. 4. In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient l . To the extent allowable under the work plan, cooperative agreement funds maybe used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV. of these Terms and Conditions. In addition, such eligible programmatic expenses may include. a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site.. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section B. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to. EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities. LOCAL GOVERNMENTS ONLY 2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used for brownfield program development and implementation. The CAR must maintain records on funds that will be used to carry out EPA approved work plan activities to ensure that no more than 10% of its funds are used for brownfield program development and implementation (including monitoring of health and institutional controls). B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are.not brownfields assessment activities (e.g., construction of a new facility); d. Job training unrelated to performing a specific assessment at a site covered by the . grant; e. To pay for a penalty or fine; f. To pay a federal cost share requirement (for example, acost-share required by another Federal grant) unless there is specific statutory authority; g. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA § 107; . h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and i. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation. of applications for Brownfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record -keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the bu(lgets, scopes of work, program plans and other activities required under 40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 311 (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: 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. 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 business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fess 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. C. Interest -Bearing Accounts and Program Income 1. • In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest bearing account. a. Interest earned on advances, CARs are subject to the provisions of 40 CFR § 31.21(i) to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program income. IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. 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 samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. C. Completion of Assessment Activities l . 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 E1527-05 "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. l . The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected )arty) 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 l . 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.