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HomeMy WebLinkAboutResolution 2012-0051C ITY OF W HEAT RIDGE, COLORADO RESOLUTION NO . 51 Series 2012 TIT LE : A RESOL UTION APROVING A COOPERATIVE AGREEMENT W ITH THE ENVIRONMENTAL PROTE CTION AGENCY FOR ACCEPT ANCE OF A $400 ,000 BROWNFIELDS ASSESSMENT GRANT AND AMENDING THE FISCAL YEAR 2012 GENERAL F UND BUDG ET TO REFLECT THE APPROVAL O F A SUPPL EMENTAL BUDG ET APPROPRIATION IN THE AMOUNT OF $50,000 WHEREAS, the City applied for and received a $400 ,000 Environmental Protection Agency (EPA) Brownfields Assessment grant to undertake environmental assessments of potentially contaminated properties within the City of Wheat Ridge ; and W HEREAS , the EPA brownfields funds are specially designated for the completion of Phase I and Phase II Environmental Assessments as well and as clean- up plans as needed ; and W HEREAS, the City of Wheat Ridge will serve as the point of contact and grant administrator of the EPA grant funds ; and WH EREAS, request for proposals for consultant services to assist with the technical work of the grant will be in accordance with federal and City establ ished policies and ordinances concerning the acquisition of services ; and WHEREAS, the C ity of Wheat Ridge is required to enter into a Cooperative Agreement with the EPA concerning the expenditure of these funds which must be signed by the Mayor; and W HEREAS, it is anticipated that approximately $50 ,000 of these funds will be expended in 2012 requiring a supplemental budget appropriation ; and WHERE AS, the remaining $350 ,000 has been included in the 2013 proposed budget; and WHEREAS , the City of Wheat Ridge Charter requires that amendments to the budget be effected by City Council adopting a Resolution . NOW, THEREFORE, B E IT RESOL VED by the C ity Council of the City of Wheat Ridge, Colorado, as follows : A . The City Council authorizes the acceptance of EPA Brownfields Assessment Grant in the amount of $400,000 and approval of a Cooperative Agreement with EPA B. The City Council approves a supplemental budget appropriation for 2012 in the amount of $50,000 to be budgeted in account number #01-123-700-750 with an appropriate increase in revenues DONE AND RESOLVED this 22"d day of October , 201 i ATTEST: 2 BF 96810801 • 0 Paget GRANT NUMBER (FAIN): 96810801 -~ft'' U.S. ENVIRONMENTAL MODIACATlON NUMBER: 0 DAT E OF AWARD PROGRAM CODE: BF 09120 12012 l~l PROTECTION AGENCY TYPE OF ACTlON MAIUNG DATE New 09f27/2012 Cooperative Agreement PAYMENT METHOD: ACH.t ~J ACH PEND RECIPIENT TYPE : Send Payment Request to : Mun.clpal Las Vegas FlnatlClal Center- LVFC RECIPIENT: PAYEE: Ctty of Wheat R1dge C"rty ol Wheat Rtdge 7500 West 29th Avenue 7500 West 291h Aveoue Wheat Rtdge. CO 80033·8001 Wheat R idge, CO 80033-8001 EIN : 84·0595832 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Sally Payne William Rothenmeyer Sarah Hulsteln 7500 West 29th Avenue 1595 Wynkoop Street Grants, Aud1t and Procuremem . 8TMS·G Wheat R tdge. CO 80033·8001 Denver CO 80202·1129 E·Mall: Hulste•n.Sarah@epa.gov E·Mall. Spayne@c1.wneatnoge.co.us E·Mall: rothenmeyer w1 lham@epa.gov Phone: 303·312-6014 Phone: 303·235·2852 Pho ne: 303-312·6045 PROJECT TlTLE AND DESCRIPTlON City of Wheat Ridge Brownhelds Assessment Cooper alive Agreement This prorect provu:1es fund•ng tor Ciry of Wheat R1dge (the City) to Inventory, characterize, assess. and conduct cleanup planning and communtty Involvement related activities tor brownlields sites 1n the Cny. BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST 1010 112012 • 09·30/20 15 lOiOI ·2012 • 09/3012015 $400,00000 $400.000.00 NOTICE OF AWARD Based on your applfcat•on dated 08/09/2012. 1ncluding all modihcatlons and amendments, the United States acting by and through the US Emllronmentat Protection Agency (EPA), nereby awaros $400.000 EPA agrees to cost-share lQQ,QQ% of all approved budget period costs Incurred. up to and not exceeding total rederaJ tund1ng or $400,000. Such award may be term~nated by EPA without fun her cause tf the reClpient falls to prov•Oe timely alllrmauon ot the award~ s1gmng under the Alhrmat•on ot Award secuon and returning all pages of th1s agr eemeot to the Grants Management Oil ICe listed below Wlthm 21 days alter recetpt, or any elCtens 1on of hme, as may be granted by EPA. Th1s agreement ts subjeclt.o applicable EPA statutory pi'OV•s•ons . The appkcable regulatory provisions are 40 CFR Chapter 1, Subchapter B . ancl all terms and conclitlons ofth•s agreement and any attachments ISSUING OF ACE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATlON 1 ADDRESS ORGAN~ATlON /ADDRESS Enwonmental Protection Agency, Regton 8 U S E PA , Region 8 1595 Wynkoop Street Ecosystems Protecuon and Remedtauon Denver, CO 80202·1 129 1595 Wynkoop Street Denver, CO 80202·1t29 THE UNITED STATES OF AMERICA BY THE U .S. ENVIRONMENTAL PROTECTION AGENCY D igital s l gnatur& applied by EPA Award Official Wayne Anthofer • Dtrector I DATE 0912012012 ./\ AFFIRMATION OF AWARD 'I li I .....,BY Alt)'ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATlON SIGNATU~ /vi)/ I /;f j//4f I TYPED NAME AND TlTLE Jerry D •Tulho , Mayor I DATE tota:;.J 12. / 1/V/ EPA Funding Information BF 96810801 • 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount Th is Ac1Jon $ $400,000 $400,000 EPA ln·Klnd Amount $ $ $ 0 Unexpended Pri or Year Balance s s $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contri buti on $ $ $0 Local Contributio n s s $0 Other Contribution s $ so Allowable Project Cost $0 $400,000 $400,000 Assi stanc e Pr ogram (CFDA) Statutory Authooty Regulatory Autnorhy 66.818 · Brownl ields Assessment and Cleanup 1-Cooper auve Agreements CERCLA Sec 101(39) 40 CFR PART 3 t 1- 1- Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Projec t Cost Obligation I Code Or gani zation Class Organi zation Oeobllgatlon . 1208LBF074 12 E4 08LOAG7 301D7S 41 14 GBOONYOO 200.00C t208LBF074 12 E4 08LOAG7 30t079XBP 4114 G8000ROO 200.00C 400,00<: BF 96810801 ·0 Page 3 B d S P UJge t ummary ;;~ge Table A • Obj ect Class categor y Total Approved Allowable (Non-constructi on) Budget Peri od Cost 1. Per sonnel $29.600 2. Fringe Benefits $7,400 3. Travel $8,052 4. Equipment $0 5 . Suppllu S9.988 6. Contractual $344 .960 1. Construcllo n $0 8 . Other $0 9. Total Di rect Charges $400.000 10. Indirect Costs: % Sue so 11 . Total (Share: Rec ipient Q,QQ % Federal 100.00 %.) $400,000 1 2. Total Approved Ass i stance Amount $400.000 13. Program Income $0 14. Total EPA Amount Awarded This Action $400,000 15. Total EPA Amount Awa rded To Date S400.000 BF • 96810801 · 0 Page 4 Administrative Conditions 1. The recipient will comply with the following: (1) all applicable provisions of 40 CFA Parts 29, 31, 34 , and 35 (if applicable), OMS Circulars A-102, A-133 and 2 CFA, Part 225 and (2) any terms and conditions set forth in this assistance agreement or assistance amendment. 2. The Project Work Plan is the work plan for this award. Performance will be evaluated consistent with the Policy on Performance Based Assistance dated May 31, 1985. 3. The recipient agrees to ensure that all requisitions for conference , meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 4. FEDERAL FINANCIAL REPORTS (FFR) A) Final Federal Financial Reports Pursuant to 40 CFR 31.41 (b) and 31.50(b), EPA recipients shall submit a Final Federal Financtal Report-also called the FFA or SF425-to EPA's Las Vegas Rnance Center (LVFC), within ninety (90) days after the expiration of the budget period end date. Please note that these reports are required by EPA grant regulations (see 40 Code of Federal Regulations §31.41.(2)). Completed SF425s must be faxed to 702-798-2423 or mailed to the following address: US EPA. Las Vegas Ftnance Center, 4220 S. Maryland Pkwy., Bldg. C, Am 503, Las Vegas , NV 89119. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a Final Federal Financial Report. B) Closeout The Administrative Closeout Phase for this grant will be initiated with the submission of a "Final" FFR. At that time, the rectpient must submit the following forms/reports to the following, if applicable: · Federally Owned Property Report -An Inventory of all Property Acquired with federal funds -Contractor's or Grantee's Invention Disclosure Report (EPA Form 3340-3 • Minority/Women's Bustness Enterprise Utilization (MBE/WBE) Report (EPA Form 5700·52A) R8 g rants@epa .gov or G r ants, Audit and Procurement Program Office (STMS·G) 1595 Wynkoop St ree t Denver, CO 80202-1129 Additionally, the recipient's Final Request for Payment should be submitted to the LVFC. 5. 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 existtng law. The recipient shall abide by its respective OMS 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 pohllcal activities. 6 . In accordance w1th the pol1ces set forth in EPA Order 1000.25 and Executive Order 13 423 , 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 . Th1s 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. 7 Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsib ilities of Participants Regard1ng Transactions (Domg Business w ith Other Persons)." ReC1p1ent1s responsible for ensuring that any lower t1er covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requinng compliance w1th Subpart C. Recipient is responsible for further requmng the 1nclus1on of a s1milar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies . including suspension and debarment Rec1pient may access the Excluded Parttes List System at VtiWIN epls.gov This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment , Suspension, and Other Responsibility Matters." 8. National Term and Condition: Drug-Free Workplace Certification for all EPA rec i pients The rec1p1ent organ1zat1on of th1s EPA assistance agreement must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B . Additionally , in accordance w1th these regulations. the rec1p ient 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 prov1sions set forth tn Title 2 CFR Part 1536 Subpart C. The consequences for v1olating thrs condition are detailed under Trtle 2 CFR Part 1536 Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at http. /ecfr gpoaccess.gov/cgr/V text texl-ldx?c=ecfr&srd= 701 081165f70316effa8ebf67df7 3deO&rgn=div5&view=text&node=2:1 2 11 .11 2&1dno=2. 9 . a . The recrpient agrees to: (1) Establish all subaward agreements rn writing , (2) Ma1ntatn pnmary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 210(a)-(d ) of OMB Circular A-133 and are not used to acquire commercial goods or servrces for the rec1 p ient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable , and allocable; (5) Ensure that any subawards to 501 (c)(4) organizations do not involve lobbying activities; (6) Monitor the performance of their recipients and ensure that they comply with all applicable regulations , statutes, and terms and conditions which flow down in the subaward ; (7) Obtain EPA's consent before making a subawa rd to a foreign or international organization , or a subaward to be performed in a foreign country ; and (8) Obtain approval from EPA tor any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30 , as applicable . b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be found at http://www .epa.gov/ogd/gulde/subaward-policy-part-2 .pdf. Guidance for dtstingUJshing between vendor and subrectpient relationships and ensuring compliance with Section 21 O(a)-(d) of OMB Circular A-133 can be found at http://www.epa .gov/ogd/guide/subawards-appendix-b.pdf and http ://www. whitehouse.gov/omb/clrculars/a 133/a133 .html. The reciptent is responsible for selecting its subreciplents and , if applicable, for conducting subaward competitions. 1 0. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable . The term "management fees or stmilar 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 . 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 reciptent incurs costs tn anticipation of receiving additional funds from EPA, it does so at its own risk . 12. In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCAA) (4 2 U.S.C . 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply wtth the requirements set forth . Regulations tssued under RCRA Section 6002 apply to any acqu isttion 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. 13. 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, it it expends $500,000 or more in total Federal funds in any f iscal year . With in nine months after the end of a recipient's fiscal year or 30 days after recetvmg the report from the auditor, the rectpient shall submit the SF-SAC and a Single Aud1t Report Package. The recipient MUST submit the SF-SAC and a Single Audit Report Package; using the Federal Aud it Clearinghouse's Internet Data Entry System. Complete information on how to accomplish the single audit submissions , you will need to visit the Federal Audit Clearinghouse Web site : http://harvester.census .gov/fac/ 14. I. Central Contractor Registration/System for Award Management and Universal Identifier Requirements . A . ReqUirement for Central Contractor Registration (CC Rl/System for Award Management (SAM). Unless you are exempted from this requirement under 2 CFR 25.11 0 . you as the recipient must malntatn the currency of your 1nformatton in the SAM until you submit the f inal financ1al report required under this award or receive the final payment, whichever is later. This requires that you revie w and update the Informat ion at least annually after the initial registration , and more frequently if required by changes In your information or another award term . B. Requ 1rement for Data Un1versal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you: 1. Must nohfy potential subrecip1ents that no entity (see defimtion in paragraph C of th1s award term) may receive a subaward from you unless the ent1ty has provided its DUNS number to you. 2 . May not make a subaward to an entity unless the entity has provided 1ts DUNS number to you . C. Definitions. For purposes of this award term : 1. Central Contractor Reg1stratron (CCRliSystem for Award Management (SAM) means the Federal repository into wh ich an entity must prov1de in formation reqUired for the conduct of busmess as a recipient Additional information about reg1strat1on procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov. 2 . Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet. Inc. (D&B) to unrquely iden tify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705 -5711) or the Internet (currently at http.//fedgov.dnb.com/webform ) . 3 . Entity. as 1t is used in this award term, means all of the followtng. as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which Is a State, local government, or Indian tnbe; b . A forergn pubhc ent1ty ; c. A domestic or foreign nonprofit organization; d . A domestic or foreign for-profit organi zation; and e . A Federal agency , but only as a subrecipient under an award or subaward to a non-Federal entity. 4 . Subaward: a . This term means a legal instrumen t to provide support for the performance of any portion of the substantive proJeCt or program for whi ch you received this award and that you as the recipient award to an eligible subrecipient . b . The term does not include your procurement of property and services needed to carry out the project or program (for further explanation , see Sec . -· .210 of the attachment to OMS Circular A-133. "Aud its of States, Local Governments , and Non-Profit Organizations''}. c . A subaward may be provided through any legal agreement , including an agreement that you consider a contract. 5. Subrecip ient means an entity that: a. Receives a subaward from you under this award ; and b . Is accountable to you for the use of the Federal funds provided by the subaward . 15. Reporting Subawards and Executive Compensation. a. Reporting of first-tier subawards . 1. Appli cability . Unless you are exempt as provided rn paragraph d. of th is award term , you must report each action that obligates $25 ,000 or more in Federa l funds that does not include Recovery funds (as defined in section 1512(a ){2) of the American Recovery and Reinvestment Act of 2009 , Pub. L. 111 -5) fo r a subaward to an entity (see definitions in paragraph e of this award term}. 2. Where and when to report . i. You must report each obligating action described in paragraph a.1. of th is award term to www.tsrs .gov. ii.For subaward information, report no later than the end of the month following the month in which the obligation was made . (For example , if the obligation was made on November 7 , 2010 , the obli gation must be reported by no later than December 31 , 201 0 .) 3 . What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs .gov specify . b. Reporting Total Compensat ion of Recipient Executives . 1. Applicability and what to report. You must report total compensation for each of your five most h ighly compensated executives for the preceding completed fiscal year , if -- i.the total Federal funding authorized to date under this award is $25,000 or more ; ii i n the preceding fiscal year, you received- (A) 80 percent or more of your annual gross r evenues from Federa l p ro curement contracts (and subcontracts) and Federal financial ass istance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000.000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financia l assistance subject to the Transpar ency Act , as defined at 2 CFR 170.320 (and subawards); and iii. T he public does not have access to information about the compensat ion of the executives through periodic reports filed under section 13 (a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S .C. 78m (a ), 78o(d)) o r section 61 04 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation mformation, see the U .S. Security and Exchange Commtsston total compensation filings at http://www.sec.gov/answers/execomp.htm .) 2 . Where and when to report . You must report executive total compensation described in paragraph b .1. of this award term : i. As part of your registration Central Contractor Registration/System for Award Management profile available at www .sam .gov. ii. By the end of the month following the month i n which thts award is made, and annually thereafter. c . Reporting of Total Compensation of Subrecipient Executives . 1. Appl icability and what to report Unless you are exempt as provided in paragraph d . of this award term , for each first-t ier subrecip1ent under th1s award, you shall report the names and total compensation of each of the subrec1p1ent's five most highly compensated executives for the subrectpient's preceding completed f1scal year, 1f -- i. in the subrec1pient's preceding fiscal year. the subrec1pient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards ); and (B) $25,000 ,000 or more tn annual gross revenues from Federal procurement contracts (and subcontracts), and Federal fmanc1al ass1stance subject to the Transparency Act (and subawards ); and ii. The pubhc does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Secunties Exchange Act of 1934 (15 U .S .C . 78m (a), 78o(d)) or section 61 04 of the Internal Revenue Code of 1986. (To determ1ne tf the public has access to the compensation informallon, see the U .S . Securi ty and Exchange Commiss1on total compensatron filings at http://www.sec.gov/answers/execomp .htm .) 2 Where and when to report . You must report subrecipient executive total compensatton described 1n paragraph c .1. of th1s award term : i. To the recipient. ii. By the end of the month following the month during whtch you make the subaward For example. 1f a subaward 1s obligated on any date dunng the month of October of a g1ven year (i.e ., between October 1 and 31 ), you must report any required compensation information of the subrec1pient by November 30 of that year. d . Exemptions If, in the previous tax year, you had gross income, from all sources, under $300 ,000. you are exempt from the requirements to report: i. subawards, and ii. the total compensation of the five most highly compensated executives of any subrecipient. e.Definihons . For purposes of th1s award term : 1. Entity means all of the following, as defined in 2 CFR part 25 : i. A Governmental organization , which is a State , local government, or Indian tribe ; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization: v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2 . Executive means offrcers, managing partners, or any other employees in management positions. 3 . Subaward: I. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program {for further explanation, see Sec. -.210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non-Profit Organizations"). Hi. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4 .Subrecipient means an entity that: 1. Recerves a subaward from you {the reciprent) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5 . Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding frscal year and includes the following (for more information see 17 CFR 229.402(c)(2 )): i. Salary and bonus . ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year In accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. hr. Earnings for services under non-equity incentive plans . This does not include group life. health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salarred employees. iv. Change in pension value. This is the change In present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified . vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 16 . Unless the event(s) and all of its components (i.e., receptions , banquets and other activities that take place after normal business hours) are described in the approved workplan , the rec1p1ent agrees to obtain pnor approval from EPA for the use of grant funds for light refreshments and/or meals served at meetmgs, conferences, training workshops, and outreach activities (events). The rec1p1ent must send requests for approval to the EPA Project Officer and include: (1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); (2) A description of the purpose, agenda, location , length and timing for the event. (3) An estimated number of participants m the event and a description of their roles. Recipients may address questions about whether costs for light refreshments, and meals for events are allowable to the recipient's EPA Project Officer. However, the Agency Award Official or Grant Management Officer will make final determinations on allowability. Agency policy prohibits the use of EPA funds for receptions, banquets and s1milar activities that take place after normal business hours unless the recipient has provided a justification that has been expressly approved by EPA's Award Official or Grants Management Officer Note : U .S . General Serv1ces Administration regulations define light refreshments for morn1ng , afternoon or evening breaks to 1nclude , but not be limited to, coffee. tea , milk, juice. soft drinks, donuts , bagels , fruit , pretzels , cookies, chips , or muffins. {41 CFR 301 -74 .11 ). 2 . 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 Bus1ness Enterprises 1n procurement under assistance agreements . contained in 40 CFR, Part 33 FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart 0 A recipient must negotiate with the appropriate E PA award official, or his/her designee, fa1r share objectives for MBE and WBE (MBEIWBE) participation in procurement under the financ1al ass1stance agreements. Accepting the Fai r Share Objectives/Goals of Another Recipient The dollar amount of thiS assistance agreement is $250,000, or more ; or the total dollar amount of all of the recipient's non-TAG assistance agreements from EPA m the current fiscal year is $250.000, or more. The recipien t accepts the applicable MBEIWBE fair share object•ves/goals negotiated with EPA by the Colorado Department of Public Health and Environment as follows : MBE: CONSTRUCTION 6 .1%; SUPPLIES 6.1%; SERVICES 6 .1%; EQUIPMENT 61% WBE : CONSTRUCTION 6 .6%; SUPPLIES 6.6% SERVICES 6 .6%; EQUIPMENT 6 .6% By signing this financtal assistance agreement, the recipient is accept1ng the fair share objectives/goals stated above and attests to the fact that it 1s purchas1ng the same or s imilar construction , supplies. serv1ces and equipment, in the same or s1m1lar relevant geographic buying market as Colorado Department of Public Health and Envi ronment. Negotiating Fa i r Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBEIWBE fair share objectives/goals. If the recipient wishes to negotiate its own M B EIWBE fair share objectives/goals, the recipient agrees to submit proposed MBE /WB E 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 tair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fa1r 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 Reg io nal MBE/W BE Coordinator withm 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 rec1p1ent may not expend Its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33 , Subpart C Pursuant to 40 CFR, Section 33.301 . the recipient agrees to make the following good faith efforts whenever procuring construction , equipment, serv1ces and supplies under an EPA financial assistance agreement, and to ensure that sub-rec1p1ents , loan recipients , and prime contractors also comply. Records documenting compliance with the six good fa1th 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 plac1ng DBEs on solicitation lists and sohcit1ng 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 b1ds or proposals for a mimmum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing tor large contracts could subcontract w1th 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 D B Es in the competitive process. (d) Encourage contracting w ith 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. MBEJWBE REPORTING , 40 CFR , Part 33 , Sections 33.502 and 33.503 The recipient agrees to com p lete and submit EPA Form 5700-52A , "MBE/WBE Utilization Under Federal Grants, Cooperat ive Agreements and Interagency Agreements" beginning w1th the Federal fiscal year reporting period the recipient receives the award, and continUing until the proJect is completed. Only procurements with certifred MBE/WBEs are counted tow ard a recipient's MBEIWB E accomplishments. The report must be submitted annually for the period ending September 30'': The annual report Is due by October 31"'. Reports should be submitted to R8grants@e pa.gov. Final MBE/WBE reports must be subm itted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obta1ned from the EPA Office of Small Business Program's Home Page on the Internet at www epa.gov/osbp . CONTRACT ADMINISTRATION PROVISIONS, 40 CFR , Section 33 .302 The recip1ent agrees to comply w1th the contract administration provisions of 40 CFR , Section 33 .302. B IDDERS LIST, 40 CFR, Section 33 .501 (b) and (c) Recipients of a Continurng Environmental Program Grant or other annual reporting grant, agree to create and ma1nta1n a btdders list. Recipients of an EPA financial assrstance agreement to capitalize a revolv1ng loan fund also agree to requ1re ent1t1es receiving Identified loans to create and mainta1n a bidders list 1f the recrpienl 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. 3. Payment to consultants. EPA participation in the salary rate (excluding overhead) pard to 1nd1v1dual consultants retained by rec1p1ents or by a recipient's contractors or subcontractors shall be limited to the maximum dally rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation servrces of destgnated tndrviduals with specialized skills who are paid at a daily or hourly rate. As of January 1. 2011, the hmit is $596.00 per day and $74.50 per hour Th1s 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 wtth firms for services whtch are awarded using the procurement requirements in 40 CFR 30 or 31 , as applicable. are not affected by thrs limitation unless the terms of the contract provide the rec1p1ent with responsibility for the selection, direction, and control of the individu als who will be providing services under the contract at an hourly or daily rate of compensa11on . See 40 CFR 31 .36(j) or 30.27(b) Allowable Preaward Cost are approved in the amount of $31 ,508. Programmatic Conditions Assessment Terms and Conditions Please note that these Terms and Conditions (T&Cs) apply to Brownfields Assessment Grants awarded under CERCLA § 1 04(k). I. GENERAL FEDERAL REQUIREMENTS NOTE : Fo r the purposes of these Terms and C onditions the term •assess ment" includes , eligib le activities under the Comprehensive E nvironmental Response , Compensation , and Liability Act (CERCLA) § 104(k)(2 )(A )(i) such as activities Involving the inventory , characterization , assessment , and pl an ning rel atlng to brownfield sites as desaibed i n the E PA approved wor1< plan . A. Federal Policy and Guidance 1. a . Cooperative Agreement Recipients: By awarding th1s cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2012 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 agreeme nt , the CAR shall ensure that work done with cooperative agreement funds complies wi th the requirements of the Comprehensive Environmental Response • Compensati on , and Liability Act (CERCLA) § 104 (k) The CAR shall also ensure that assessment activit1es supported Wi th cooperative agreement funding comply wi th all applicable Federal and State laws and regulations . c . The recipient must comply with Federal cross -cutting reqwements. These requirements i nclude but are no t limited to , MBEIWBE requirements found at 40 CFR Part 33 ; OSHA Worker Health & Safety Standard 29 CFR 1910 120; the Umform Relocation Act ; National Historic Preservation Act ; Endangered Species Act ; and Permits reqwed by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity , and implementing regulat1ons 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 Sect1on 504 of the Rehabihtation Act of 1973 as i mplemented 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) re gulations 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 w1thm the mean~ng of the Davi s-Bacon A ct The recipient must contact EPA's Project Officer if there are unique Circumstances (e.g . removal of an underground storage tank o r another structure and restorati on 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 . E ligi ble Brownfields Site Determi nations 1. a The CAR must prov1de information to EPA about site-specific work prior to incurri ng 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 indudes whether or not the site meets the defini tion of a brownfield site as defined in § 1 0 1 (39) of CERCLA, the identity of the owner, and the date of acquisition . b . If the site is excluded from the general defi nition of a brownfield , but i s eligible fo r a property-specific fund 1ng determmati on , then the CAR must provide i nformation sufficient for EPA to make a property-specific funding determination. The CAR must prov1de suffic1ent information on how financial assistance will protect human health and the environment, and either promote econom1c 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 tncur costs for assessing sites requ1ring a property -specific funding determmation by EPA until the EPA Project Officer has adVised the CAR that the Agency has determtned that the property is eligible , 2 a For any petroleum contamina ted 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 Gu1delines for Brownfields Assessment Grants dated September 2011 for di scuss1on of this element ) documenting that ( 1) a State has determined that the pe troleum s1te IS of relatively low risk , as compared to other petroleum-only sites in the State, (2) the State determ ines there is "no viable responsible party" for the site : (3 } the State determtnes that the person assessing or investigating the site is a person who is not potentially liable tor cleaning up the srte and (4} the site IS not subject to any order 1ssued under sect1on 9003(h) of the Sohd Waste Di sposal Act. This documentation must be prepared by the CAR or the State following contact and discussion wtth the appropriate petroleum program offic1al 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 determtnation that the site is of relatively low risk , that there is no viable responsible party and that the person assessing or Investigati ng the si te is not potentially liable for cleantng up the Site Other documentation provided by a State to the recip1ent relevant to any of the determi nations by the State must also be provided to the EPA Project Officer c If the State chooses not to make the determtnat1ons described 10 2.a . above, the CAR must contact the EPA PrOJect Officer and provide the information necessary for EPA to make the requtsite determinations A . Term of the Agree ment II. GENERAL COO PERATIVE A GRE EMENT ADMINI STRATIV E REQUI REM ENTS 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 determtnes that the CAR has not made sufficient progress tn tmpl ementing Its cooperatiVe agreement . the recipient must implement a corrective action plan approved by the EPA PO or EPA may termtnate th1s agreement for material non-compliance with its terms For purposes of assessment grants , the reciptent demonstrates "sufficient progress" when 35% of funds have been drawn down and obligated to eligible activities . for assessment coalit1on grants "sufficient progress" 1s demonstrated when a sohc1tation for services has been released . sites are prionttzed or an 1nventory has been inittated 1f necessary , commun1ty i nvolvement activities have been i ntti ated and a Memorandum of Ag reement 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 lhe 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 monitonng. reviewing project phases. and approving substantive terms included 1n professional services contracts . b Substantial EPA involvement also includes brownfields property-specific funding determinations described 1n 1.8 under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant for site assessment . the CAR must obtain technical assistance from EPA on which s1tes qualify as a brownfield site and determine whether the statutory prohibition found In section 104(k)(4)(B)(i)(IV) of CERCLA applies This prohibition precludes the subgrantee from using EPA funds to assess a s1te for which the subgrantee is potentially liable under§ 107 of CERCLA (See Section II .C .3 tor more 1nformatron on subgrants.) c. Substantial EPA Involvement may Include rev1ewing financial and envrronmental status reports; and monitoring all reporting , record-keeprng , and other program requirements . d . EPA may waive any of the provisions In term and condition 11 .8 .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 cooperat1ve agreement. will not have any effect upon CERCLA § 128 E!t{pble Response Stle 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 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. i f 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 comply w1th the terms and conditions of th1s 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 th1s agreement under competitive procurement procedures as described in 40 CFR 31 .36. In addition , EPA policy encourages awardmg subgrants competiti vely and the CAR must consider awardi ng subgrants through competition . 4. The CAR ts responsible for assuring that EPA's Brownfields Assessment Grant funding received under thts grant , or in combtnatton with any other prevtously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding lim itation for an mdtvtdual brownfield stte Waiver of thts fundmg hmtl for a brownfields stte must be approved by EPA prior to the expenditure of funding exceedmg $200,000. In no case may EPA funding exceed $350,000 on a srte receivtng a waiver . 5. CARs expending funding from a community-w ide assessment grant on a particu lar si te must include such funding amount tn any total funding expended on the si te . D. Quarterfy Progress Reports 1 The CAR must submtt progress reports on a quarterly basts to the EPA ProJect Offrcer . Quarterly progress reports must tnclude : a. Summary of approved activities performed during the reportmg quarter, summary of the performance ou tputs/outcomes achieved during the reporting quarter. a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs /outcomes b . An update on proJeCt schedules and milestones . c . A hst of the properttes where assessment activtttes were performed and /or completed during the reporttng quarter d A budget recap summary table w1 th the following information current approved project budget; costs incurred during the reporting quarter , costs tncurred to date (cumulative expendi tures); and total remaining funds 2. The CAR must mamtatn records that wtll enable it to report to EPA on the amount of funds expended on specific properties under th1s cooperative agreement 3. In accordance wtth 40 CFR 31AO(d), the CAR agrees to mform EPA as soon as problems , delays , or adverse conditions become known which will materially Impair the abtlity to meet the outputs/outcomes specified tn the approved work plan . E. Property Profile Submission The CAR must report on i ntenm progress (i e , assessment started) and any final accomplishments (te , assessment completed , cleanup requtred, contaminants , Institution Controls, Engtneenng Controls) by completing and submitting relevant porttons 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 rnterim actton or final accomplishment has occurred . or within 30 days after the end of each reportmg quarter EPA will provide the CAR With traintng prior to obtaintng access to ACRES The training is reqwed to obtain access to ACRES The CAR must utilize the ACRES system unless approval IS obtarned from the regtonal Project Officer to uultze the Property Profile Form F . Fi nal Report The CAR must submtt a ftnal report at the end of the period of performance tn order to finalize the closeout of the grant This final report must capture the site names , what work was done at each stte and how much was spent at each si te It should also provtde tnformauon that documents the outreach efforts done by the CAR and other acttvittes that help explatn where the fundtng was utilized Ill. 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. Eltgible programmatic expenses mclude act1vities described m Section IV of these Terms and Conditions In addition, such eligible programmatic expenses may include: a. Determining whether assessment activ11Jes at a particular s1te are authorized by CERCLA § 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws. as requi red by CERCLA § 104 (k): c . Us1ng a portion of the grant to purchase environmental insurance for the characterization or assessment of the s1te . Funds may not be used to purchase msurance intended to provide coverage for any of the Ineligible Uses under Section 111 .8 . 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 Ill . B 2.; and carrying out communrty involvement pertaining to the assessment activities B. Ineligi bl e Uses of the Fun ds for the Cooperative A g reeme nt Reci p ient 1 Cooperative agreement funds shall !1Q! 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 performtng 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 spec•fic 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 . excludmg the cost of compliance w1th 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)(8), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all ind1rect costs under applicable OMS 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 10 40 CFR Part 31 . Direct costs for grant administration , w1th 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 revis1ons and changes 10 the budgets . scopes of work, program plans and other activities required under 40 CFR 31 .30; (5) Ma1ntaintng and operattng financial management systems required under 40 CFR 31, (6) Preparing payment requests and handling payments under 40 CFR 31 .21 : (7) Non-federal aud1ts reqUired under 40 CFR 31 .26 and OMB C1rcutar A-133; and (8) Close out under 40 CFR 31 .50. 3. Cooperauve agreement funds may D.Q1 be used for any of the following properties · a . Fac1liues listed . or proposed for listmg . on the Nauonal PrioritieS L1st (NPL); b Facilities subject to unilateral administrative orders • court orders. administrative orders on consent or judicial consent decree 1ssued to or entered by part1es under CERCLA: c. Facilities that are subject to the JUrisdtctlon . custody or control of the United States government except for land held in trust by the United States government for an lnd1an tribe . or d . A s1te excluded from the deftntllon of a brownfields Stle for which EPA has not made a property-specific fundmg determmation . 4 The CAR must not 1nclude management fees or similar charges 1n 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 ongo1ng business expenses . unforeseen liabililtes. or for other Similar costs that are not allowable under EPA ass1stance agreements. Management fees or similar charges may not be used to 1mprove or expand the project funded under this agreement, except to the extent authonzed as a d1rect cost of carrymg 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. d1rectly generated by the cooperat1ve agreement award or earned during the penod of the award. Program 1ncome mcludes, but is not hm1ted to , fees charged for conducttng assessment , site characterizations , clean up planmng or other activities when the costs for the act1vity is charged to this agreement. 2. The CAR must depos1t 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 40 CFR §31 .21 (i) to remitting Interest on advances to EPA on a quarterly basis . b Interest earned on program income is cons1dered additional program mcome . c. The CAR must d1sburse program income (incl uding interest earned on program income) before requestrng additional payments from EPA as required by 40 CFR 31.21 (f). N . ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Adlvitles 1. Prior to conducting or engaging in any on -site act1vity with the potential to impact h1storic 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 pan 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 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 requ1red by CERCLA § 104(k}(2)(B}(ii) and CERCLA § 101(35)(8), the CAR shall ensure that a Phase I srte charactenzation and assessment carried out under this agreement will be performed in accordance w1th EPA's standard for all appropriate inqurries . The CAR shall utilize the practices in ASTM standard E 1527-05 "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-06-244}. This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmentalrmpacts at the site or to comply with applicable State standards. 2. All Appropriate lnquines (AAI) final reports produced with fundrng 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 "Reporting Requirements Checklist" 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 mformation collected for the inquiry Significant data gaps include m1ssmg or unattainable information that affects the ability of the environmental professional to identify cond1t1ons ind1cahve of releases or threatened releases o( hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products. or controlled substances, on, at . .n. or to the subject property. The documentation of significant data gaps must include 1nformat1on regard1ng the significance of these data gaps . c. Qualifications and signature of the environmental profess1onal(s) The environmental profess1onal must place the following statements in the document and sign the document: '11. We} declare that. to the best of [my, our} professional knowledge and belief. [1. wef meet the defimlion of Environmental Professional as defined m §312 70 of thts part." 71, Wej have the specific qualtlications based on educat1on . training, and expe(lence to assess a property of the nature, history, and selling of the subject property. [/, Wej have developed and performed the all appropnale inquirtes tn conformance with the standards and practices set forth in 40 CFR Part 312" Note : Please use either •t• or '"We ." d . In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding addmonal appropriate Investigation 1f the environmental professional has such an opimon 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 usmg ASTM Standard 1527-05) Any deficiencies identtfted dunng an EPA rev1ew of these documents must be corrected by the rectpient w11h1n 30 days of notification Fa1lure to correct any identified defic1enc1es may result 1n EPA d1sallowtng the costs for the enure AAI report as authoriZed by 40 CFR 31 43(a)(2) If a rec1p1ent willfully fatls to correct the deficiencies the Agency may conside1 other available remedres under 40 CFR 31 .43 and 2 CFR Part 180 V. Conflict of interest: Appearance of lack of Impartiality A. Conflict of Interest 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 1mparttahty. Such Situations include, but are not limited to . Situations m which an employee, offictal , consultant, contractor. or other 1ndtv1dual assocrated With the CAR (affected party) approves or admtnisters a grant or subgrant to a subgrant recipient in which the affected party has a financial or other Interest. Such a confhct of interest or appearance of lack of Impartiality may anse when · (i) The affected party , (ii) Any member of his immediate tamtly , (iii) His or her partner. or (iv) An organization wh1ch employs. or IS about to employ any of the above , has a financial or other mterest in the subgrant recipient . Affected employees Will neither solicit nor accept gratuities . favors , or anything of monetary value from subgram recipients Recipients may set minimum rules where the financial interest is not substantial or the gift rs an unsolicited item of nominal1ntrinsic value To the extent pe1mitted by State or local law or regulat1ons, 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 5120/05 1. The CAR may request payment from EPA pursuant to 40 CFR §31 .21(c). B . Schedule for Closeout 1 Closeout will be conducted 1n accordance w1th 40 CFR 31 .50. EPA will close out the award when it determines that all applicable administrative actions and all requ1red 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 condlt1on of the grant. a The CAR must submit the followmg documentation · i. The Anal Report as described 1n II.F. ii. A Final Federal Financial Report (FFR -SF425). Submitted to: US EPA, las Vegas Finance Center 4220 S Maryland Pkwy. Bid C, Rm 503 Las Vegas. NV 89119 Fax: (702) 798-2423 http://www.epa .gov/ocfo/finservlces/pay•nfo.html iii A Fmal MBEIWBE Report {EPA Form 5700-52A) submitted to the regional office. b The CAR must ensure that all appropnate data has been entered mto ACRES or all Property Profile Forms are submitted to the Reg1on The grantee must Immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that 1s not aulhonzed to be re tamed for use on other grants. Assessment T~:nns and Cunditiuns Pleu'e nou~ thai these Termo, and Conduion~ CT&C.,) appl) 10 Brownfiellh As11essmem Grant' awarded umler CERCLA § I 04(k ~. I. GENERAL FEDERAL REQUIRE'\tF:NTS NOTE: For the purposes of these Terms and Conditiun'> th e tenn •·asscSl.ment" includes, eligible activities under thl' Comprehenshe Environmcmtal Response, Co mpen~ation , und Liabilit y Act !CF.RCLA) § 104(k)(2)(A )(I) s ut·h as a c-th I ties in' oh ing the in,·entur). characterization, U:S.St!ssment. and pl a nning relating w h rtl\\ nrield si tes as describl.'d in th e EPA appro' ed "ork plan. A. Fedcr.1l f>olic ~ and Guidance 1. a C(lOperatne Agreement Recmaents: 0) ,1\\anhn g th1 <o coopcrau'e agreement. EPA has apprt)\ed the propmal lor th~.: Coopcrauve Agreement Recipu.mt (CAR) submmed •n the Fiscal Ye:~r 2012 compeuuon for 13rownfieldll as~es~men1 cooperative agreement!>. How e,er. the CARma} not expend ("draw down") funtb 10 carry outthi' agreement until EPA·~. a""ard officaal appnwe~ the final Wllrk plan , b In 1mplemenung th" agrccmenL the CAR \hallcn~ure 1hat ''ork done wuh cooperatl\e ;tgreement fund~ C<lmphes "ith the reqmremenh of the Comprehen~" e Em tronmental Re<.ponse . Compen,ation and L1ab1111} Act!CERCLA) § 104(k). The CAR -.hall also ensure thai J\~e,sment acll\ ttiC\ supponed wnh cooperauve agreement funding comply wtth all applicable rederal and State laws and regulatton<. c The.: recipient tnU\1 wmpl) with Federal cro .. ,-cuntng requm:ments These requirements Include bUI arc oot h1011cd 10. MBE/\\'81: n:qUtrement!. found at 40 CFR Pan 33; OSHA Worker Health & Safety Stantlmd 29 CFR 1910 120: the Unt lonn Relocauun Act: Nauonaf H1qoric PreM:rvauon Act. Endangered Specte'> Act: and Pcrmn!. reQuired by Section 404 of the Clean Water Act: Execuuve Order I I 246, Equal Employmen1 Opponuni ty. and implementing regulatiOn!> at -II CFR 60-4: Contracl Worl. Hours and Safety Standard~ Acl. all amended (40 USC§ 327-333) the Anti Kickback Act (40 USC§ 276c) and Section 504 of rh e Rehabili rmicm Act of 1973 as im p lemented by Executive Orders 11914 uml 11250. d . The CAR mus1 comply \vilh Dav is-Bacon Act prevailing wage requirement~ and associated U.S . Depanmem of Labor (DOL) regulations for all conMrucuon, alteration and repair contract~ and ~>UbcontrdCIS awarded wtth fun& provided under thh agreement. Ac t iv1ue~ conducted under assessment grant!> generall> do no1 an\'O ive con!>trucuon, alteration and repair wathin the meamng of the Davis-Bacon Act. The recipient muq coni act EPAs Project Offker Ill here are unique circum!.tanCe!> (e.g. removal of an underground storage tank or another structu re and res tora ti on of t he sue) wh1ch ind1ca te Lhm the Davis-Bacon Act applies to an ac u vu:y the CAR In tend!. to cany out with funlls provided under th1s agreement 1 he Agl!ncy will provide gu idance on Davis -Bacon Act compliance if necessary. 8 . Eli gi ble Brow nfields S it e De termin a ti ons a. The CA R mu~t provide mformatio n to EPA about sne~speci fi c work prior to incurring any costs under thi<; cooperati'e agreement fc)r ltiiC~ that have not already been pre-approved in lhe CAR's work plan by the EPA The an formation that muM be prO\ 1ded mcl udes whether or not the site meets the defimuon of a brO\\nfield 1>ite as defined in § I 0 I ( 39) of CERCLA. the identity of the O\\ ncr. and the da te of acqmsnion. b. Jf the site i~ excluded from the general definition Of a brownfield. but I!. eligible for a prope.ny-spedlic funding determination. then the CAR must provide informatJon sufficient for EPA to make a property-specific funding de tenni nation . The CAR must provide ~ufficient info rmation on how financial assistance will protect human health and the envtronmcnt, and ei ther promote economic development or enable th e creu tion of, preservation of. or add ilion ttl parks. greenway~. undeveloped prope n y. Ot her recreationa l property, or ot her property used for nonprofit purpmc'>. The CAR must not incur co~t~ for asseS~>tng sites requ1ring a propeny-specitic fund1ng determination by EPA unul the EPA Proje.ct Ofticer has advi!>ed the CAR that the Agenc}' has determined that the propeny is eligible. 2. a. For any petroleum contaminated brownfield 'ite that is not mcluded m the CAR's EPA appro\•ed worl. plan. the CAR shaJI provide sufficient documentation to the EPA pnor to incurring costs under this cooperaun:: agreement wh1 ch includec; (see the late~t version of EPA 's Propo.wl GwdelineJ for Brownfit'ldJ Aslessmem Grams dated September 20 I I for discussio n of this elemem) documenting that: (I) a Stare has de termi ned tha t the pe troleum sit e 1'> of relative ly low ric;k, as compared 1\'1 other petroleum-only sites in the State. (2) lhe State tletermmes there is "no \'iablc respons1blc party" for the ~11c: (3) the State determines that the pet!.On assessing or mvesti gating the sttc IS a pe rson who as not potentially liable for cleantng up the site; and (4) the 'ile ts not subject to llfl) order IS<\ued under secuon 9003Ch) or the Solid Wa~e Disposal Act Th1s documentru1on must be prepared by the CAR or the State fo llowing contact and discu~sion with the appropnate petroleum program offici:1l b. Documentation must include (I) the 1dentity of the State propam officlill contacted. (2) the Stntc official'~ telephone number. (3) the date of the contacL and (4) a summary of the d1scuss1on rchuing to the state's determination tha t the site i~ of relatively low risl.. that there is no viable responsible pany and that the person assessing or investigating the sue is not poten tial !) liable for clean1ng up the site Other documemauon provided by a State to the recip1ent relevant to any of the determinations by the State must also be pro\ ided to the EPA Project Officer c I f the SUite choo!>es not to make the determanauons described m 2.a. abme. the CAR muM contact the EPA Project Officer und pro\ ide th e information neces~ary for EPA to make the rcqu•~i t c determmation~. A. Term of lhl! Ag rec!ment 11. GENERAL C OOPERATIV E AGREEM E NT ADMINlSTRAT IVE REQUIREME NTS I . The tenn of tht-. agrc!emem ,., three year~ from 1he date of award. unless other.' t"C extended b) EPA at the CAR'~ request. 2 . If after 18 month\ from the date of award, EPA determine~ that the CAR tub not made .. uffictent progre-,~ in 1mplemenung Its cooperauve agreement. the recip1ent must implement a correC'II~c acuon plan approved lly the EPA PO or EPA may tennmate tl1i~ agreement for material non-compliance \\llh its terms For purpose!> of a~~e~'mem gram ... the rectpient demon,tr-<~IC~ '\ufficiem progres,·· when 35% of funds have been dra\\11 do,,n and obligated to ehgiblt: acll\'llie:;, for asse~osmen t coalition gra nts "\uffictent progress" tS demonstrated when a solicitation for :.ervtc.:es ha'> been relca~ed, l-ite'> are pnoritited man mventory hao; been initiated 1f neces~ary. community mvohemcnt ac u vitie!. have been lllltt:lted and a Memorandum of Agreement 1' 1n place. 3 . A$<;es<;ment fundm!! for an eligible bro,,nfield site may not exceed $200,000 unles' a wa1vet hac. been granted b~ fPA J·uiiU\\lng the granung of a wmver. fundmg 1s not to exceed ~350 ,000 at the sue 8 . S ubs tantial ln vo h,e menl 1. The EPA may be ~ub~t ant1ally mvolved m over~ec111g and momtonng Lim cooperauvc agree!Th!nt a. Substunuul involvement b} EPA generalt~ mclutles admmis1rativc acuvitie~> such a:. monnonng. rev1ewing project phase\. and approving substanti\C terms 1nduded 111 prot~s\IOnul :;ervu:e' contraCt\, b Sub,wmial FPA 111\'ol\cml'nt abomclude~ hwwnfield-. propen)-<,pecifil fundmg dctl!nmn.ttlons dc'>tribed Ill l B under £/i~1blt IJroanifitld~ Siu Dl'temunaumu above, If the CAR award-; a ... ubgram for Mte a!>~cs<.ment. Lhe CAR mu~t obtaintelhnu:al a-.~1\tance from EPA on \\h1ch ~~~e~ yuahfy a' a brownfield site and determine v.hether the Mulutory prohibiuon fnund 10 ~ecuon 104(J..)(4lCB)(l)(IV) ol Cl:RCLA apphes . Th1s prohibit lOll predude~ the subgramec lmm uc;1ng EPA fund'> to asse'~ .t !>I!C for which the :-.uhgrantec i~ potcnually liable under§ I 07 of CERCLA (Sec Secuon It C.~ for more informauon on 'ubgrantc;.) c. Subc;tanual EPA inv(llvemem rna~ include revtewmg financtal and environmental !>tatuc. repon,, and m(lnllonng all repomng. record-J.eepmg. and 01her program requirement\. d. LPA ma) waJ .. e am nf the provisions in term und condnion II B 1 .. "uh the except ton ofpmpcny-~pectfic funding detcmllnaunm. EPA will pro\ldc \\ai\cr\ 111 \.'m tmg 2. Effect of EPA'., '>Uh,Lantmlm\Oh,ement mcludl!s : u EPA\ rev1e\\ of any project phru.e. docume nt , or C(>St incurred under thi' cooperutl ve agreement. "111 not have any cfrect upon CERCLA § 128 £/igiblt• Re.\pmllt' Silt' detcnnmauon!> m nght!.. au thonues. ami acuon~ undl!r CERCLA 01 any Federal statute, b The CAR rcmam!. resJX,nSible for em.unng that al l assessments are protecll\e of human health <tnd the em 1ronmem and comply "ath all applicable Federal and Swte lawl.. c. The CAR and IL'-~ubgranteel> remam re~pom.1ble for mcumng cost<. thm are alloY. able under the applicable OMB C1rculars. C. Cooperathe Agreement R ecipie nt R oles and R esponsibiliti es rhc CAR mu" ac~uire the ~ervices of a qualified cm•1ronmental profes'>ional(s) to coordmate , direct. and O\en,ee the brownfield~ as!.essment acti\ Illes at a particular site. 1f they tlo not ha\e such a profeSSIOnal on staff. 2. The CAR is r~spons1ble for ensuring that contractor~ and subgram recipiems comply \\~th the tenns of the1r .~greements \\llh the CAR. and tbot agreementS between the CAR and !\ubgram rec1p 1ents and conrractors comply with th e term-. and condutons of this agreement. 3. Subgrams are defined at 40 CFR 31.3. The CAR may not subgram 10 for-profit orgamzm10ns. The CAR mus1 ob1ain commercial sen ice~ and products necessary to carry ou t thi s agreement under com peti tive procurement procedures as described 10 40 CFR 31.36. fn addition. EPA policy encourages awarding subgrams competitive ly and the CAR mu~t consi der awarding subg rantS through competition . 4. The CAR is responsible for assuring that EPA's Bmwnfields Assessment Grant funding received under this grant. 01 in combmnllon w1th any mhe r previously awarded Bmwnfidds Assessment grant doe..~ not exceed the $200.000 a<;scssment gmnt funding hmuation for an indiv1dual brownfield :-.He. Wa1ver of thi :. funding limit for a brown fieltb 'ille mu~l be approved by EPA pnor to thl! expenditure of funding exceeding $200.000. ln no case may EPA lundmg e~ceed $350.000 on a sit~ receiving a wa1ver. 5 CAR\ e~pending funding from a community·" ide assessment grant on a panicular site mu~t include such fundtng amount 111 any total funding expended on the .-;ite. D. Quarterly Prog r ess Reports I. The CAR mu'>t <,ubmit progress reportS on a quanerl)' basi!. to the EPA Project Oflicer Quanerl) progress repon~ muM inc.:lutle : a Summary of approved activities performed dunng the repomng quarter , summaT) of the performance ou tpu ts/outcomes achit:\ed dunng the reponing quaner, a description of problems encountered during tht' reporting quaner that may affec t the project schedule and a discuss1on of meet1ng tht! performance outpuLvoutcomes. b. An update on project schedu le s and mileMones . c. A list of the properties where assessment acti\'ities were performed and/or completed during th e rcpomng quaner. d A budget recap summary table with the following information : current approved project budget; costs incurred during the reponing qunrter; co:-rs incurred to date (cumulative expenditures); and total remam111g funds. 2. The CAR mu st mmntain records th at v.'ill enable •t to report to EPA on the amount of funds expended on ~pecific propenie:. under thi s coo peraLiv e agreement. 3 In accordance with 40 CrR 31.40(d). the CAR agree~ to mform EPA a'>~ooon a~ problem~. delays, or advef\e cond1t10il\ become known which "ill matcnally 1mpa1r the abihty to meet the output s/outcomes 'pecilied 111 the appro,e.d work plan . E. Property Profile S ubmission I. The CAR must report on mrenm progress (i e .. assessmen t staned) Md any final accompli~hment~ (i.e .• asseo:sment completed. cleanup required. comarrunants. ln<:titution Controls . Engmeering Controls) by comp leting and -;ubmuung relevant portions of the Propert) Profile Form u<;mg the Brownfields Program on-line repOning syo;tem . known as Assessment. Cleanup and Rede velopment Exchange System (ACRES). The CAR mu-.t enter the data in ACRES as soon as the interim acuon or final accornphshment has occu rred , or within 30 day-; afler the end of each reponing quarter EPA will pro' ide the CAR \\~th tmming prior to ob tmnmg access 10 ACRES . The training is required to obttun access to ACRES . The CAR must uulize th..: ACRES system unle~., up pro' al b obuunc<.l from the regionul PrOJCCt Officer to utih;c the Prope rty Protilc Form . f . final Re port I . The CAR must sub nut a fi nal report at the end of the period of performance in order to linaluc the closeout of the grant. Th t ~ final rc:po n mu~t capture the sue names. wha t work w~ done at each llttc and how much wal> ~pe nt at each sttc . It <,hou ld a lso provide information thm documents the ou treach effort!> done by the CAR and othet actt' tile~ that help cxplatn where the funding \\3<; utih.ted IU . FINA NC IAL ADMINISTRATION REQUIREMENTS A. El igible Uses of the funds fo r tlJ e Cooperath e A~ree ment R ttipitml I _ To the ex tent allowable unde r the work plan. cooperative agreement funds may be w;ed for chgible programmatic cx.pense~ to invl!mory , charactcri;e , <L~se-ss. and conduct planntng and outreadt Eligtble pmgrummutic e:~:penses mclude acttvities described in Sec tion JV of these Term) and Condttion,. In addttion. -;uch eligible programmatic expense~ rna) mdude a Deterrnming \\hethcr asc;e~sment actl\tllc!. nt a pamcular \lie are authori7_ed b) CERCLA § 104(k): b. En~unog that an as~essment comphe~ wtth apphcnble r~qutrcmelll!i under F;ederal and State law)., as requtrcd by CERCLA § 104lk). c. Usmg a portton ol the grant to purcha'>e environmentalut,urance for the charactcnt<~tton or as~c-.smentllf the \ite Funds may not be U)Cd to purchase tn\\tmnce mtendeu to pro,tde coverage lor an) uf the lneltgtblc u,~ under Secuon lll.B. d . Any other eligible progmmmattc CO\ I~ mcluding direct cosh Incurred by the rcciptent m rep1m mg 10 EPA. procuring and managing con tracts. awarding ••nd managing ~ubgrum' w the extent allowable undct Ill. B. 2 .; and carrymg mil community uwnl\emclll pertainmg to the a.~-..e~~ment activme~. B. rn ell gihle U~ of the f und!. fo r the C ooperuth e A gr eem e nt R ecipient I. Cooperative agreement luntb • .,hall nm he u~cd b) the CAR lor any olthe follo~mg aCII\ ttie~. a Clc:anup act I\ tile'; b . Development act I\ nico; thm are not bTO\\ nficld., a.'>sc~smcm acm iuc~ Ce g .. con'ltrucuon of a nC\\ facti It) 1: c Job Lratmng unrelated Ill performmg a .,pectfic a!>Ses~ment ;II a 'ite CO\Creu b) the grant. d. To pa) for <t penalty or fiue: e. Tu pa) a federal co~t shar~ requm:ment !lur e\ample. a coc,t -\harc requm:d b) another I cderal !.!r3ntl unle'~ there t<; specific ~tawtory authcml). f. To pa) for a re-.pon<.c: cost at a bro" ntieJ<.I., !.ite tnr "htch the rectptcnt of the grant or subt.>rant ts potcnttally habit.: under CERCLA § 107, g . To puy a cost (lf comphance with any fedcrullow. excluding the cost of compliance with Jaw~ applicable 10 the assessment, und h Unnllowable cost!> (e.g .. lobbying and fund rai\ing) under applicable OMB Circular<. 2. Under CERCLA § 104Ck)(4)CB). adm.nis trative co M" are prohibited cos ts under thh. agreement . Prohtbited aclmim~tranve cos t!i mclude all mc.I trect cos ts unde r applicable OMB Ci rculars. a. lneligtble udmini stmti ve costs inc lude costs incurred in the form of salaries. benefi ts. co ntra ctual cos ts. supplies . and data proces~i ng c harges. mcurred to comply with most pro .. is10ns of the Umfonn Adminiuroril r Rt•q ut rt'menn for Gram.~ comamed m 40 CFR Part 31 Du-ect costs for grant administrotion , wtth the exception o t com specifi call} tdenttfied a~ eligtble programmati c co,tl>. arc 111eltgible even tf the gram rcciptent ts requtred to carry o u1 the ac tivit~ under the grant agreement . b. In e li gible gram ad mini strati on costs include direct costs for: (I) Prepara ti on of applications for brownfield s grants: (2) Re co rd re tention required under 40 CFR 3 1.42 ; (\) Record-kee ping a.-.socia ted \\.tlh sup phe '> and equipment purchases required under 40 CFR 3 1.32 and 31 .33· (4 ) Prepanng revisiuns and c hange ' in the budget,, scopes of work. progrom plan s and other activt tt e'> requtred under 40 CFR 31 . ~0. (5) Mainwining and operating financial manageme nt systems required under 40 CFR 31; (6) Prepartng paymem requ es ts and handling payment -; under 40 CFR 3 1.21: (7) Non-federal aud its reqUired under 4 0 C FR 31 .26 and OMB Circu lar A-I 13: and (8) Close ou t under 40 CFR 31 .50 3 Cooperati ve agreement funds rna) not be used for any of the following propeni eco: a. Factluies liMed , or proposed for hsung. o n the NmionaJ Pnorill e~ Lt'-t t NPL >; b. Facililie~ \ubject tO unilateral admjnistrativc orde rs. co urt orders, admmistrative orders on conse nt o r judicial consent decree is!>ucd to or entered by partie s under CERCLA: c. Fa cili ti e~ th at t~re ~ubject to the juri sdic tion . cus tody or control of the United States government e't:cpt for land hel d 10 tru st b} the United States governme nt for an Indian tribe: or d. A l>i te excluded fr om the definition of a brownfield' si te for which EPA has not made a property-!.pccttic funding determination 4. The CAR mu st not include management fee s or si mi lar c harge!. in ex cess of the direct cos ts or at the rate provi ded for by th e terms of the agreement negotia ted with EPA. The term "management fee s or simj lar ch arge s" refers to expenses added to th e direct cos ts in order to accumulate and reserve funds fo r ongoi ng business expenses, unforeseen liabilities, or for nther stmtlar costs that are not allowable under EPA as:oistance agreement' Management fees or 'imi lur charg¢~ may not be used to impro'e or expand the projeCl funded und e r tht~ ag reement, except to Lh e extent authonzed m. a dire ct cost of C3l1) in£ ou t the scope of work . C. In te r est -Bea ring Accounts a n d Progr a m Income In accordance wnh 40 CrR 3 I .25(gJ(2). the CAR i., authori1ed 10 add program mcumc tu the funds awarded by the EPA and u~ the pmgram mcome under the same t i!ml~ and condiu on!. of this al_!Ieemcnt. Program im·umc lor the :Mes-.mem CAR ,hall be defined a!. the grosl> in come ro;:ceived b) the recipient, t.hrcctly generated by the coupcrauvc ;Jgrcement awnrd <lr eamed during the period of th e award. Prognun 1ncome includes, hut IS not lim1Led to. fee~ charged for conducting. a!lses:.ment. '-lte charac ten1auo n ~. clean up planning or other acth•ities when the cow. for the acll\lty 1~ charged to thi S agrecmem 2. The CAR mu\t depo~it advance!) o f grant fund~ and program 1ncome (1.e. fcc~> in an imerc'\t bearing account. a. For mterc!.l earned on ad,ances, CAR., are subJeCt to the provtsions of 40 CFR §31 :! I (IJ to remnuns 1ntereq on a1..hance~ to EPA on a quanerl) baste; b lntere\t c<1med on program mcomc 1s cons1dered add111onal program income. c. The CAR must dt,bur'>e pro~ram income (including 1ntcre!.t earned on prul!J11m in come) before reque<.ting adt.htumal payment'> from EPA a~ required by 40 CFR 31.~ I( f) rv. ASSESSMENT ENVIRONMENTAL REQ U IRE MENTS A. Au thorized Assessment Acti .. itic'> 1. Pnor to cnnc.Juctmg or en~.~~mg man) on-sue actl\ tl.) wuh the potent tal to lmpat't histone propertJel> (!>Ut:h a, 1m a\1\e !>Omphngl. the CAR !>hall con:.ult \\lth EPA regardmg potential applicability of rhe !\auonal Hbtonc Prel.enauon Act and. 1f applicable <.hall as~1~1 EPA tn complymg \\llh an) requ1remcnt!. of the Act and Implementing rcgulauon'i D. Qualit~ Assur.mce !QAl Requirements I . When en\lmnmcntal ~ample' a1o.: collccwd a\ part of the bro\,nfielth a"e:.-.rnent. the CAR 'hall comply With 40 CFR Pan 31 .45 reqmrement\ to develop nnd Implement quality a:.surance pracucec; sufficient to prodm.:e data udequate to meet prOJeCt ohjecuves and to muumi1e data Jo,~ Stute Ia" ma) 1mpose adduional QA requm.'lnt.'nt!> C. Compl et ion of Assessment Act hitjes The CAR -;hall properly document the compleuon of all actl\ itie~ described in the EPA approved work plun Th1~ mu~t be dMe through a linul n:pon or letter from a qualified em ironmental pwfes~ionol or other dl'lCumcnt:uinn prtw1dcd b~ a State or Tnbe that show!> asse~sment~ .ue n1mplctc . D. All Appropriate lnquir) I. As re<.JUircd b) C'ERCLA ~ 104<kJ(2}(8)(11) and CERCLA § 101(35)(8). th e CAR \hall en.,ure that a Pha-.c l "ite chan.Jctcntation and u-.sc,.,ment carried (lUI under th h, agreement will be performeu 10 accordance with EPA\ \l:llldard for all appropnatc mquines . The C \R .,hall uuhte the practice<; 1n ASTM <;tandard E1527 .os 'Standard Pra~:.uce\ lor En\ill'(>nmcntal Stte A\'IC~\ment Pha-.c I Lnv1ronmental Sue Assessmo::nt Proces~." or EPA's All Appmpnate lnqume' Final Rule "All Appropriate lnquines Rule . Reporting Requirement' and Suggc~tionl> on Rep o rt Content". (Publication Number: bPA 560-F-06-24·H. Thi~ doef> not preclude the u~ of grant funds for additiOnal site charac tent.atton and U.\l.C~slllent ncuvltu!~ that rna) be nece:.SaT) to characterite tht> eO\ 1ronmentaltmpacts at the ..,1te or to compl) "1th applicable StiltC ~tandatd\. :!. All Appropriate lnquiri e., (AAJ) final rcpon' produced wirh funding from thi~ <~greement mu't comply with 40 C.J .R Pan 112 and mu~t. at a minimum, include the information below All AAl report~ ~ubmitted t<l EPA ProJect Ofiiccr .. a' uch\erables under this agn:ement rnu't be accompamed b) a completed "Rcponmg Requtr~menl'> Checkh:.t"that EPA'' ProJect Officer ~•II pro, ide to the rectpJent. The checklist also ts a' ailablc ''' gmntee.s on the EPA webo;ite at ~' .. "'.epa gmlbro\\nfield~. a . An op i nio n ru. to whether the inquiry has ic.lentified condition~ indicative of releases or threatened relea~e~ of hazarc.lou~ !.ubstances. ru1d u~ applicable. pollutants 31ld contaminants, petroleum or petroleum producL~. or controlled '>ubstances, on. at , in. or to Lhe subject propen). b. An tdentilicauon of ''sig nifica nt" data gaps (~defined 10 40 C.F.R. 3 12.10), if any. 10 the information collected for the ~nqu t ry. Significant data gaps include missing or una uninable informauon that affect~ the ability ol the environmental prole:.sional to iden u fy condit ion<> indicative of releases or threatened release\ of hazardou., substances. and a.o; applicable. pollutants and contamin31lts. petroleum or petroleum product~. or controlled -.ub!.tnnces. on. at in. or to Lhe subJect propeny The documentatJ<>n of stgmficant data gap mu~ me Jude mf()rmation regardmg the Stgmficance of the~e data gap-.. c. Qua lifications and sig n ature of the cnvtronment !ll professional(,). The envimnmental profe.•>sional mu~t place the following statements in the document and ~agn the document · • · '//, We I dccltm that, to the /Je.\t nf I m)•. nurj pmftt.\Stonol knowlrdgt' and belief, /I. we} meN tht' d('fimtion of £nl'lronm~nml Pmfes.II(Jna/ a.r dejinrd 111 §3/2.10 of tltu part." • "/1. IVcj hm•e the lpecific quolificatiom ba.~ed tm cducatinn. traming, and e.\perit·ttrt• to cHst>ss a propcn.\ of the naturt;, lmwry, and selling tJf the subjccr prnpeny. /I. We I haw• developetJ and peifonru:d the n/1 approprwte inquiries 111 confomwncr '' ith the .Hnndards and practtC't'l set fonh m 40 CFR Pan 312." No te: Please use eithe r "I" or "\Ve." d . In compliance \\llh §:ll2.31 (b). the enVIronmental profcso;tonal mu't mdude in the final rcpon an opinion r ega r d i ng addiJiona l ap p rop ria te im•est igation , tf the envtronmemaJ profes!.wnat has such an opinion. 3. EPA may rcHt\\ checklist' and AAl final repons for compliance with Lhc AAI regulae ion documemauon requirumenb ;u .tO CFR pan 312 {or cumpamble requirements for t ho~ ustng ASTM Scundard 1527-05). An) deficiencies idemilied during an EPA review of these documenl!> muse be correc ted by the recipient wi thtn 30 uayl> uf notification . Fai lure 10 correct any identified deficiencies may result in EPA disal lowing the cosLs for the entire AA I repon as authorited by 40 CFR 1 I A3(a)(2) If a recipient will full) fails to correct the defictencte~ the Agency ma} con'>tder other avatlable remt!dtc\ under olO CFR 31 43 31ld 2 CFR Part 180. V. Confli c t o f interest : Ap pearance of la c k o f lmpartialil y A. Co n fli ct of Interest The CAR shall establish and enforce conflict of a merest pro\'l•aons that pre' ent the award of ~ubgranto; that c reate real or apparem personal conntcts of tntere,t , or Lhe CAR·., appearance of lack of impartialit} Such l>ituattons 1nclude , but are no t limited to, .. nuations an whtch an employee. official, consultant, contractor, or othet indi' idual US)>Uciated wilh the CAR (affected pun)') approve~ or admmister~ a gram or subgront to a subgmm rcc1ptent 10 whtch the afl~"led pany ha~ a financial or other interesL Such a conflict of tnterest or appearance of tru:k ol tmpamahty ma) arise ,.,.hen . (i) The affected party. Iii) An} memberofbis immediate famitv. (Ill) Htl> or her pannl!r. or (IV) An Of!!illllliliiOn whtch employ~. or 1, about 10 emplo). an) of the abme. ha'> a ftnancHtl or other 101ere~t in the ~ubgram rec1p1en1. Affected emplnyees wi ll neither solicit nor accept gra tuities. fa von.. 01 anyth1ng of mone tar; 'alue from 'ubgram rec 1p1enh Rec1p1ent~ ma) ..ct nummum rule~ where thi: financial tnterest j., not <:ub~tanual or the g1f11s an un)ohcuc:d item o f nommal1ntnnMc 'aluc. To the extent permi11ed by State or local Ia\\ or regulation!>. :ouch standard!> of conduct will pro" ide for penal ll e:.. ~nnction'>. or ot her d1scipltnar; actton~ for vtolauon:. of !>uch standards by affected pan 1es. VI. PA \'~1ENT AND C LOSEO UT A. Paym~nt Schedule ORA IT ,\s.~essm e nt T &C 5120105 I. The CAR ma) rct1ucst payment from EPA pursuant w 40 CFR §31 21 (c). 0. Schl'<l uJ e for C I<ISt!OUl I. Closeout will be cnnducted in accordance with 40 CFR 31.50. EPA will dose out the nwart.l when it uctcrmine~ that all applicable a dmmi ~Lrative action~ nnd all requ1red work of th e gnm t hnve been completed. 2. The CAR. w11hm 90 uay' after the expiration or tcrmmat iOn of the grant. mu\t submll alllinancial, performance. and other repons required as a condi uon of the gmnt. a The CAR mu\1 submu the follo,.,.ing documemauon. i. The Hnal Repon as descnbed 10 II F. 11 A Fm al Federnl Financial Repon (FfR -SF425). Submined to: US EPA. Las Vegas Finan ce Ce nt er 4220 S Maryland Pkwy Bid C. Rm 503 L1' Vegac;, NV 89119 Falt . (702) 798-1423 hu p:/lwww .epa.gov /ocfo/li nc;en iccvp.1 yinfo. html iit A Final MBE/WBE Repon (EPA Fo rm 5700-52A) submiued to the regaonal oflice. b. The C AR mu!;t ensure that all appropmlle dma hn' been entered imo ACRES o r all P ropen} Profile Forms arc ~ubrni u "d to Lhe Region . The gramee mus t immedtatcly refund to the Federa l agency an} balance of unobhgmed (unencumbered) cash advanced that tS not outhori1cd to ~ retained for use on mher grants.