HomeMy WebLinkAboutContract 30654 BF-97676101 -0 Page 1
�+ ASSISTANCE ID NO.
J �D�4j4 U.J. ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD
A PROTECTION AGENCY BF " 97676101 - 0 SEP 13
s TYPE OF ACTION MAILING DATE
New SEP 2 0 2
Cooperative Agreement ACHMENT METHOD: ACH#
0000
RECIPIENT TYPE: Send Payment Request to:
Municipal Las Vegas Finance Center
RECIPIENT: PAYEE:
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: 75-6000052
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Kathryn A.Hansen Roger Hancock Jeraldine Englerth
1000 Throckmorton St. 1445 Ross Avenue,6SF-PB Grants Management Office,6MD-RX
Fort Worth,TX 76102 Dallas,TX 75202-2733 E-Mail: Englerth.Jeraldine@epamail.epa.gov
E-Mail: kathryn.hansen@fortworthgov.org E-Mail: Hancock.Roger@epamail.epa.gov Phone:214-665-7402
Phone:817-392-8136 Phone:214-665-6688
PROJECT TITLE AND DESCRIPTION
Fort Worth Brownfields
City of Fort Worth will conduct an inventory and perform Phase I and Phase II Environmental Site Assessments for hazardous and petroleum contaminated
properties within the City.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2004 - 09/3012006 10/01/2004 - 09/30/2006 $400,000.00 $400,000.00
NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below,
within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or
failure to return the properly executed document within the prescribed time,may result in the withdrawal of the offer by the Agency.
Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official,which the
Award Official determines to materially alter the Agreement,shall void the Agreement.
OFFER AND ACCEPTANCE
The United States,acting by and through the U.S.Environmental Protection Agency(EPA),hereby offers
Assistance/Amendment to the City of Fort Worth Texas for 100.00 %of all approved costs
incurred up to and not exceeding $400,000 for the support of approved budget period effort described in application
(including all application modifications)cited in the Project Title and Description above,signed 07/16/2004
included herein by reference.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Management Division,6MD-RX U.S.EPA, Region 6
Fountain Place Superfund Division(6SF)
1445 Ross Avenue 1445 Ross Avenue
Dallas,TX 75202-2733 Dallas,TX 75202-2733
THE UNITED STATVS OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
Sl AT E D OFFICIAL TYPED NAME AND TITLE E]ATf 3 2004
Betty Williamson,Chief,Superfund Program Management Branch
T4s agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
accepting this award or amendment and any payments made pursuant thereto,(1)the undersigned represents that he is duly
authorized to act on behalf of the recipient organization,and(2)the recipient agrees(a)that the award is subject to the applicable
provisions of 40 CFR Chapter 1,Subchapter B and of the provisions of this agreement(and all attachments),and(b)that
acceptance of any payments constitutes an agreement by the payee that the amounts,if any found by EPA to have been overpaid
rl,be refunded or credited in full to EPA.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SE - .— � TYPED NAME AND TITLE DATE
Lk ,Assistant City Manager (rJ S 0
APPROVED AS TO FORM & LEGALITY:
By n
Signature f
Title: Asst. City Attorney
ATTEST:
By -
Signature
Printed Name: Marty Hendrix
Title: City Secretary
Date: 1 a c�_
M & C ,I
'�f
EPA Funding Information BF-97676101 -0 Page
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. 101(39) 40 CFR PART 31
Cooperative Agreements
Fiscal
Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
HAZARDOUS SGRO17 2004 E4 06S 402D79D 4114 06000000 C001 200,000
PETROLEUM SGRO18 2004 E4 06S 402D79EBP 4114 G6000R00 C001 200,000
400,000
�FF� � �
C1 'FT }.
O�:�R �
BF-97676101 -0 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $57,000
2.Fringe Benefits $12,750
3.Travel $8,010
4.Equipment $0
5.Supplies $6,426
6.Contractual $292,000
7.Construction $0
8.Other $23,814
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
BF-97676101 -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, 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 and OMB Circular A-102. The recipient shall maintain a financial
management system which meets the requirements of 40 CFR Part 31.20.
3. Any State agency or agency of a political subdivision of a State which is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA
Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000
or where the quantity of such items acquired in the course of the preceding fiscal year was
$10,000 or more. RCRA Section 6002 requires that preference be given in procurement
programs to the purchase of specific products containing recycled materials identified in
guidelines developed by EPA. These guidelines are listed in 40 CFR 247. -
4. In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the
Government Through Waste Prevention, Recycling, and Federal Acquisition, the recipient
agrees to use recycled paper 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. Please note that Section 901 of Executive Order 13101,
dated September 14, 1998, revoked Executive Order 12873, Federal Acquisition, Recycling,
and Waste Prevention in its entirety.
5. In accordance with 40 CFR Part 31.41, the recipient shall submit an annual Financial
Status Report (FSR), Standard Form 269 or 269A, to:
Grants Team (6MD-RX)
U. S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
The final Financial Status Report (FSR) is due on or before 90 days after the end of the
budget period. In accordance with Agency policy, all project expenditures reported by the
recipient shall be deemed to include both the Federal and recipient share of the expenditures.
The final Financial Status Report (FSR) shall be submitted to:
U.S. Environmental Protection Agency
Las Vegas Finance Center
P.O. Box 98515
Las Vegas, Neveda 89193-8515
6. The recipient agrees to ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds, complies with the Hotel and Motel Fire Safety
Act of 1990.
7. Under the Paperwork Reduction Act of 1995, Office of Management and Budget(OMB)
clearance must be obtained prior to collecting information from 10 or more persons and will
use EPA's name while collecting the information under this project. The term "person"
means an individual, partnership, association, corporation, business, trust, or legal
representative, an organized group of individuals, a State, territory, or local government or
branch thereof, or a political subdivision of a State, territory, or local government or a branch
of a political subdivision. The EPA Project Officer is responsible for requesting clearance
from OMB.
8. In accordance with OMB Circular A-133, the recipient shall obtain a single audit if it
expends $500,000 or more a year in federal awards. The recipient shall also submit a copy of
the audit report to:
Grants Team (6MD-RX)
U.S. Environmental Protection Agency, Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
9. The Federal share of allowable expenditures chargeable to this assistance project will be
financed by the EPA AUTOMATED CLEARING HOUSE(EPA-ACH) PAYMENT
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. Four conditions should receive
special attention:
a. Cash drawdowns will be made only as actually needed for disbursements.
b. The recipient will provide timely reporting of cash disbursements and balances thr
semi-annual submission within fifteen 15 days after June 30 and December 31 0 'hk, °',1 „;
( ( ) Y 1�l. � ��5v�a.V
CITY
calendar year) of the Federal Cash Transactions Report (SF-272) to:
U.S. Environmental Protection Agency
Las Vegas Finance Center
P.O. Box 98515
Las Vegas, Nevada 89193-8515
c. The recipient will impose the same standards of timing and reporting on secondary recipients,
if any.
d. When a drawdown under the EPA-ACH Payment System occurs, the recipient must show the
Assistance Agreement Number(s) under "Financial Data" on the EPA-ACH Payment Request
Form. Requests for payment should be faxed to:
(702) 798-2411
Las Vegas Finance Center
Attention: Anedia Feaster
10. 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:
a. The recipient accepts the applicable FY 2003 Minority Business Enterprise (MBE)/Women's
Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas
Commission on Environmental Quality as follows:
MBE: CONSTRUCTION-0%;SUPPLIES-5%; SERVICES-8.4%;EQUIPMENT-5%
WBE: CONSTRUCTION-0%; SUPPLIES-7.6%; SERVICES-11.6%;EQUIPMENT-7.6%
If the recipient wishes to negotiate their own FY 2002 MBE/WBE goals, the recipient must
submit proposed MBE/WBE goals based on an availability analysis, or, at their option, a
disparity study, of qualified MBEs and WBEs to do the work in the relevant market for
construction, services, supplies and equipment. The recipient agrees to submit proposed "fair
share" objectives, together with the supporting availability analysis or disparity study, to the
Regional MBE/WBE Coordinator within 30 days of award. EPA will conclude "fair share"
negotiations within 30 days of receiving the submission. Once EPA approves the objectives,
the recipient agrees to apply them in accordance with paragraphs 1.(b)-(f).
b. (1) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable
"fair share" objectives of Federal funds for prime contracts or subcontracts for supplies,
construction, equipment or services are made available to organization owned or controlled
by socially and economically disadvantaged individuals, women and Historically Black
Colleges and Universities.
(2) For assistance agreements related to research under the Clean Air Act Amendments of
1990, the recipient agrees to ensure, to the fullest extent possible, that at least the applicable
"fair share" objectives of Federal funds for prime contracts or subcontracts for.supplies,
construction, equipment or services are made available to organizations owned (�r �ttt0le = -
by socially and economically disadvantaged individuals, women, disabled AxrenM
Historically Black Colleges and Universities, Colleges and Universities having a student
body in which 40% or more of the students are Hispanic, minority institutions having a
minority student body of 50% or more, and private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
c. The recipient agrees to include in its bid documents the applicable "fair share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "fair share" percentages.
d. The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR
Section 30.44(b), 31.36(e), or 35.6580, as appropriate, and retain records documenting
compliance.
e. The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year quarter the recipient receives the award and continuing until the project is
completed. These reports must be submitted to the Regional MBE/WBE Coordinator within
30 days of the end of the Federal Fiscal quarter (January 30,April 30, July 30, and October
30). For assistance awards for continuing environmental programs and assistance awards
with institutions of higher education, hospitals and other non-profit organizations, the
recipient agrees to submit an EPA form 5700-52A to the Regional MBE/WBE Coordinator
by October 30 of each year.
f. If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the
recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans
to take to more closely achieve the "fair share" objectives.
11. The recipient also agrees and is required to utilize the six affirmative steps if a contract is
awarded under this agreement relative to small businesses in rural areas (SBRAs) in
compliance with Section 129 of Public Law 100-50, 40 CFR 30.44(b) and 40 CFR 31.36(e).
12. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the
recipient fails to comply with the MBE/WBE terms and conditions.
13. 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.
14.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.
15.Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient
agency shall require that no grant funds have been used to engage in lobbying of the
Federal Government or in litigation against the United States unless authorized under
existing law. As mandated by this Act, the recipient agrees to provide certification to the
award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within 90 days
after the end of project period.
16. 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. Any Part
30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits
the use of Federal grant funds to participate in various forms of lobbying or other
political activities.
17.Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of
Participants Regarding Transactions." Recipient is responsible for ensuring that any lower
tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered
Transactions,"includes a term or condition requiring compliance with Subpart C.-1tecipient
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 40 CFR 32.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
18. Recipient may access the Excluded Parties List System at http://epis.amet.gov, This term and
condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension,
and Other Responsibility Matters."
Programmatic Conditions
Brownfields Assessment Grant Terms and Conditions
Please note that these Terms and Conditions (T&Cs) apply to brownfields grants
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 scope of work.
A. Federal Policy and Guidance
1. a. Cooperative Agreement Recipients: In implementing this agreement, the
cooperative agreement recipient (CAR) shall insure that work done with
cooperative agreement funds complies 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.
b. CERCLA 104(g)requires that recipients comply with the prevailing wage rate
requirements under the Davis-Bacon Act of 1931 for construction, repair or
alteration contracts "funded in whole or in part"with funds provided under this
agreement. If the CAR uses funds awarded under this agreement I cgnn ranc or
construction, repair or alteration work, it must obtain recent and a ge
rates from the U.S. Department of Labor and incorporate them into the
construction, alteration or repair contract.
C. The recipient must comply with Federal cross-cutting requirements. These
requirements include but are not limited to, MBElWBE requirements found at 40
CFR 31.36(e) or 40 CFR 30.44(b); OSHA Worker Health & Safety Standard 29
CFR 1910.120; the Uniform Relocation Act; Historic Preservation Act;
Endangered Species Act; and Permits required by Section 404 of the Clean Water
Act; Executive Order 11246, Equal Employment Opportunity, and implCmenting
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. Prior to conducting or engaging in any on-site activity with the potential to impact
historic properties (such as invasive sampling or cleanup), the grantee shall
consult with EPA regarding potential applicability of the National Historic
Preservation Act and, if applicable, shall assist EPA in complying with any
requirements of the Act and implementing regulations.
B. Eligible Brownfields Site Determinations
1. a. The CAR must provide information 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 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 of the Agency's determination.
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:
(1) that a State has determined that the petroleum-only 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 90 3(h? fpe -
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.
II. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. 'Term of the Agreement
1. The term of this agreement is two years from the date of award, unless otherwise
extended by EPA at the CAR's request.
2. If after 1% years from the date of award, EPA determines that the CAR has not made
sufficient progress in implementing its cooperative agreement, the Agency may terminate
this agreement.
3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a
waiver has been received and then it is not to exceed $350,000.
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this
cooperative agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative
activities such as: monitoring; review of project phases; and approval of
substantive terms included in professional services contracts.
b. Substantial EPA involvement also includes brownfields property ec'fic funding
determinations described in I.B.1. under Eligible Brownfields Site D�M inations
above. If the CAR awards a subgrant for site assessment, the CAR may also
request technical assistance from EPA on what sites qualify as a brownfield site
and determining whether the statutory prohibition found in section
104(k)(4)(B)(i)(IV) of CERCLA applies to potential subgrant recipients.
Generally, this prohibition prohibits a subgrant recipient from using grant funds to
assess a site if the subgrant recipient is potentially liable under §107 of CERCLA
for that site.
C. Substantial EPA involvement may include reviewing financial and environmental
status xeports; and monitoring all reporting, record-keeping, and other program
requirements.
d. EPA may waive any of the provisions in term and condition H.B.L, at its own
initiative or upon request by the CAR. 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 affect 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
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 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.
D. Quarterly Progress Reports
1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each
Federal fiscal quarter) to the EPA Project Officer. The progress reports must document
incremental progress at achieving the project goals and milestones. Quarterly progress reports
must include:
a. Documentation of progress at meeting the performance objectives, project
narrative and project time line.
b. An update on project milestones.
C. A budget recap summary page with the following headings: Current
Approved Budget; Costs Incurred this Quarter; Costs Incurred to Date; and Total
Remaining Funds. -
d. • If applicable, quarterly reports must specify costs incurred at petroleum
contaminated brownfields sites.
e. Recipient quarterly reports must clearly identify which activities
performed during the reporting period were undertaken with EPA funds, and must
relate EPA-funded activities to the objectives and milestones agreed upon in the
work plan including a list of sites where assessment activities were completed.
To the extent consistent with the EPA approved scope of work for this agreement,
activities undertaken with EPA funds to be included in quarterly performance and
financial reporting may include:
1. Acres per property
2. Assessments completed
3. No cleanup required
4. Types of contaminants assessed
5. Acres of greenspace to be created/preserved
6. Number of properties with one or more engineering/institutional controls
7. Redevelopment underway
8. Funds leveraged
9. Jobs leveraged
10. 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 scope of
work.
4. The CAR must complete Property Profile Forms provided by EPA.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the scope of work, 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 incl --
J
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. Purchasing environmental insurance if the purchase of such
insurance is necessary to carry out assessment activities;
d. Any other eligible programmatic costs including costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing
subgrants; and carrying out outreach 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 described in Task N/A of the EPA
approved scope of work. The CAR must maintain records on funds that will be used to
carry out Task N/A of its EPA approved scope of work 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);
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 subgrant 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 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:
(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 budgets, 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 31;
(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, 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 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. 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.
B. Community Relations and Public Involvement in Assessment Activities
1. All assessment activities require a site-specific community relations plan that includes
providing reasonable notice, opportunity for involvement, response to comments, and
administrative records that are available to the public. EPA must approve any changes to the
activities described in its scope of work that the CAR makes in response to public comments.
C. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA
approved scope of work. 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. This documentation must be included as part of the administrative
record.
D. All Appropriate Inquiry
1. As required by CERCLA §104(k)(2)(B)(ii) and CERCLA §101(35)(B) , t 11_
ensure that a "Phase P' site characterization and assessment carried out under this ge t will
}'._ .
be performed in accordance with American Society of Testing and Materials (ASTM) standard
E1527-00, "Standard Practices for Environmental Site Assessment: Phase I Environmental Site
Assessment Process,"until EPA promulgates final federal standards governing the conduct of
"all appropriate inquiry." After EPA promulgates final regulations governing the conduct of all
appropriate inquiry, Phase I site characterizations and assessments will have to be conducted in
compliance with the final regulations. This does not preclude the use of grant funds for
additional site characterization and assessment activities that may be necessary to characterize
the environmental impacts at the site or to comply with applicable State standards.
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award
of 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
party) approves or administers a grant or subgrant to a subgrant recipient in which the affected
party has a financial or other interest. Such a conflict of interest or appearance of lack of
impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above, has a
financial or other interest in the subgrant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of
monetary value from subgrant recipients. Recipients may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic
value. To the extent permitted by State or local law or regulations, such standards of
conduct will provide for penalties, sanctions, or other disciplinary actions for violations
of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
1. The CAR may request payment from EPA pursuant to 40 CFR §31.21.
B. Schedule for Closeout
i. Closeout will be conducted in accordance with 40 CFR 31.50.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/2/2003 - Ord. 15761
DATE: Tuesday, December 02, 2003
LOG NAME: 52BROWNFIELDS REFERENCE NO.: **G-14172
SUBJECT:
Authorization for Grant Application for the Brownfields Economic Redevelopment Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept a grant, if awarded, from the U. S. Environmental
Protection Agency (EPA) in the amount of$400,000 for the Brownfields Economic Redevelopment
Program.
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$400,000 in the Grant Fund subject to receipt of the funds.
DISCUSSION:
In 1999, the EPA awarded the City of Fort Worth a $200,000 grant to implement a program to identify and
assess brownfields sites in the central city. In 2001, the EPA awarded the City a supplemental grant of
$200,000, including $50,000 for assessment of sites to be redeveloped as green space. It also awarded
the City $1 million that same year to implement a brownfields cleanup revolving loan fund.
The City of Fort Worth's Brownfields Economic Redevelopment Program promotes redevelopment of
qualifying brownfield sites through identification, environmental site assessment, and cleanup. The
program covers all of Fort Worth, but has focused on Council Districts 2, 5, and 8. Brownfields are defined
as "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant." In the four years of the City's
brownfields program, over 300 sites have been identified as potential candidates for redevelopment. The
majority of the identified sites are located in the targeted council districts. Grant funds have been used to
provide environmental site assessments at the Evans and Rosedale Business and Cultural District, the
LaGrave Field Redevelopment, Ellis Pecan, and 4th and Elm site, the future site of a downtown park.
This grant application is for the period of October 1, 2004 through September 30, 2006. It includes
separate requests of $200,000 for the assessment of sites contaminated by hazardous substances, and
$200,000 for assessment of sites contaminated by petroleum. The goals for the city's brownfields program
during 2004-2006 support those of the 1999 and 2001 programs which included assessment, cleanup and
redevelopment of sites already identified by the program. The City will continue to inventory new sites and
maintain the site database.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation, adoption of the attached
appropriation ordinance and execution of a grant contract, funds will be available, in the current operating
budget, as appropriated, of the Grants Fund.
Logname: 52BROWNFIELDS Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
GR76 451314_052214894000 $400000.00
GR76 5(VARIOUS) 052214894010 $400,000.00
Submitted for City Manager's Officeb: Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Brian Boerner(8079)
Logname: 52BROWNFIELDS Page 2 of 2