HomeMy WebLinkAboutRES NO 153-17RESOLUTION NO. 115 3 - 17,
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING THE U.S. ENVIRONMENTAL
PROTECTION AGENCY BROWNFIELDS ASSESSMENT
PROGRAM COOPERATIVE AGREEMENT AND AGREEING
TO THE TERMS AND CONDITIONS
WHEREAS, the U.S. Environmental Protection Agency (EPA) has chosen the
City of Bakersfield as a recipient of a Brownfields Assessment grant for the
assessment, cleanup, or redevelopment of brownfield properties in the City; and
WHEREAS, the EPA has granted the City of Bakersfield ( "City ") $300,000 to
develop a Brownfield Site Assessment and inventory, characterize, assess, and
conduct cleanup planning and community involvement related activities for
Brownfields sites in the City of Bakersfield with a focus on downtown and east
Bakersfield areas (the "Project'); and
WHEREAS, the City, by accepting the grants funds and not filing a notice
of disagreement with the award terms and conditions within 21 days after the
EPA award or amendment mailing date, the City agrees and is subject to
applicable EPA regulatory and statutory provisions, all terms and conditions of
"Exhibit A" the Cooperative Agreement and any attachments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. The City Council agrees to all terms and conditions of "Exhibit A" the
Cooperative Agreement and any attachments.
3. The City Council certifies that the City has or will have available,
prior to commencement of any work on the Project including this
Application, sufficient funds to complete the Project.
4. The City Council has reviewed, understands, and agrees to the
applicable EPA regulatory and statutory provisions, all terms and
conditions of "Exhibit A" the Cooperative Agreement and any
attachments.
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5. The City Council delegates the authority to the City Manager or
designee to conduct all negotiations, sign and submit all
documents, including, but not limited to, applications, agreements,
amendments, and payment requests, which may be necessary for
the completion of the grant scope.
6. The City Council agrees to comply with all applicable federal, state,
and local laws, ordinances, rules, regulations, and guidelines.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 0 1 7017 by the following vote:
9111: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, N, EARLIER
COUNCIL MEMBER N IfAa.
ABSTAIN: COUNCIL MEMBER WL ,
ABSENT: COUNCIL MEMBER NOr\9i
CHRISTOPHER GERRY
Acting CITY CLERK and Ex Officio
Clerk of the Council of the City of
APPROVED
NOV 0 12017 Bakersfield
By iv
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA RUDNICK
Deputy City Attorney
5 NEDCD_Shicna EO Pro,im,11 O EPA Brn --lad Progam \City Council Ooci \Nov 1 201 J \Rewlurlon EPA Gmnl_C000reril Agreement Draft docx
O FKEh,
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EXHIBIT NO. A%_
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GRANT NUMBER( FAIN): 99T62201
.n
?-0at%.
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 0
DATE OF AWARD
PROTECTION AGENCY
PROGRAM CODE: BF
0&11/201]
TYPE OOFACnON
MAILING DATE
New
0&162017
Cooperative Agreement
PAYMENT METHOD:
ACHk
1t
ASAP
90369
RECIPIENT TYPE:
Send Payment Request to:
Munidpal
Las Vegas Finance Center
m
RECIPIENT:
PAYEE:
City of Bakersfield
City of Bakersfield
1600 Tmndun Avenue
1715 Chester Avenue
Bakersfielar CA 93301
Bakersfield, CA 93301
EIN: 95 -MB72
PROJECTMANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Cecelia Grego
Teas Salim
Nelly Sun
1715 Chester Avenue
75 Haamome Street, SFD -6 -1
Grants Management Section, EMD6l
Bakersfield, CA 93301
San Frenasco, CA 94105
E -Mail: Sun Neltyfiaeoa cov
E -Mail: CGneocttloakersfeldaNus
E -Mail: salreteseneoa no
Phone: 415- 9474237
Phone: 661 -32 &3763
Phone: 415 -972 -3376
PROJECT TITLE AND DESCRIPTION
SROWNFIELDS ASSESSMENT COOPERATIVE AGREEMENT
The grantee vnll inventory, characterize, assess, and conduct cleanup planning and community involvement related activities for Broxnfields sites in the
dorm wn and East Bakersfield areas. Brovnfields are real property, the ismansion, development or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant
This award previtles full federal funding in the amount of $300,000.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECTPERIOD COST
10101,2017 - 101312020
1010112017 - 1013112020
$300,000.00
$300,000.0
NOTICE OF AWARD
Based! on your Application dated 121212016 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $300,000. EPA agrees to cost -share 10000% of all approvetl budget period costs incurred, up to and not exceeding
total federal funding of $300,000. Redpient's signature is not required on this agreement. The mcipieM demonstrates its mmmkmeM to carry out this a M
by either: 1) drawn, down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the forms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Avrmd Official Within 21 days after the EPA award or
amendment mailing date. In case a tlisagneement, and until the disagreement is resolved, the recipient should not draw down an the funtls pnowded by this
awardlamendment, and any casts incurred by the reapient are at its ovm nsk. This agreement is subject to applicable EPA regulatory and statutory previsions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
ORGANIZATION I ADDRESS
ORGANIZATION I ADDRESS
U.S. EPA, Region 9
U.S. EPA, Region 9
Grants Management Seaton, EMD 6-1
Superfund Division, SFD-1
75 Haw1home Street
75 Hawlhome Street
San Francisco, CA 94105
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE
U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Craig A. Wills - Grants Management Officer
DATE
08I11I20V
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EPA Funding Information BF- 99T62201 -0 Paget
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$300,000
$300,000
EPA In -Kind Amount
$
$
$ p
Unexpended Prior Year Balance
$
$
$ 0
Other Federal Funds
$
$
$ p
Recipient Contribution
$
$
$ 0
Stela Contribubon
$
$
$ 0
Local ConW button
$
$
$ 0
Other Contribution
$
$
$ p
Alloasabls Project Cost
$01
$ 300,000
$ 300,000
Assistance Program(CFDA)
SWulory Authoft
Regulatory AuUnarity
66. 818 - Brownfields Assessment and Cleanup
Ccoperetive Agreements
DERDLA: Sec. 104(k)(2)
2CFR 200
2 CFR 1500 and 40 CFR 33
Fiscal
Site Name
Req No
FY
Approp.
Cods
Budget
Organization
PRC
Object
Class
Site/Project
Cost
Organization
Obligation /
Deobligation
-
-
1709KOB033
1709K013033
17
17
EA
E4
09K2 Gi
NIQAGi
301D7
301D79KB
4114
4114
G9CNNY00
G9CNOROC
150,00
150,00
300,00
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Budaet Summan Paces BF- 99T622n1 cim ns RQkammltl a.,.,.,.,cow. a... .— BF- 99T62201 -0 Page
Table A- Object Class Category
(Nom-construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$10,030
2. Fringe Benefits
$0
3. Travel
$3,450
4. Equipment
50
S. Supplies
$1,000
G. Contractual
$285,520
7. Construction
$0
S. Other
$0
9. Total Direct Charges
$300,000
10.Indirocl Costa: % Base
$0
11. Total (Share: Recipient 000 % Federal 100.00 %.)
$300,000
12. Total Approved Assistance Amount
$3w 000
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$300,000
IS. Total EPA Amount Awarded To Date
$300,000
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BF- 99Ta2201 -0 Page
Administrative Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https: / /www. epa. gov /g ra ntslepa- genera I -term s -and -cond iti ons- effective -a pril -27- 2017 -or -later
These terms and conditions are in addition to the assurances and certifications made as a part
of the award and the terms, conditions, or restrictions cited throughout the award. The EPA
repository for the general terms and conditions by year can be found at:
https://www.epa gov/qrants/grant-terms-and-conditions
A. Annual Federal Financial Report (FFR) - SF 425
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit
an annual FFR (SF 425) covering the period from "projecVbudget period start date" to September 30 of
each calendar year to the U.S. EPA Las Vegas Finance Center (LVFC). The FFR will be submitted
electronically to Ivfc- orantsCdepa.gov no later than December 30 of the same calendar year. The form
with instructions can be found on LVFC's website at
https: / /www eoa. qov /financial /arants.
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and
open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.323 the grantee
and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement
actions, including contract modifications.
State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317
C. Six Good Faith Efforts 40 CFR Part 33, Subpart C
Pursuant to 40 CFR Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to require that sub - recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained.
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing
date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract
with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting With a consortium of DBEs when a contract is too large for one of these firms
to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the
Department of Commerce .
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(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
D. Utilization of Disadvantaged Business Enterprises
General Compliance, 40 CFR Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE)
Program for procurement activities under assistance agreements, contained in 40 CFR Part 33.
Fair Share Objectives, 40 CFR Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his /her designee, fair share
objectives for MBE and WBE participation in procurement under the financial assistance agreements.
In accordance with 40 CFR Section 33.411 some recipients may be exempt from the fair share objective
requirements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBE
coordinator if they think their organization may qualify for an exemption.
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA is $250,000 or more. The recipient
accepts the applicable MBE/WBE fair share objectives /goals negotiated with EPA by the California State
Water Resources Control Board (CSWRCB) as follows:
The recipient accepts the fair share objectives /goals stated above and attests to the fact that it is
purchasing the same or similar construction, supplies, services and equipment, in the same or similar
relevant geographic buying market as CSWRCB.
Negotiating Fair Share Objectives /Goals, Section 33.404
The recipient has the option to negotiate its own MBEfWBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed
MBE/WBE objectivestgoals based on an availability analysis, or disparity study, of qualified MBEs and
WBES in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBE/WBE Coordinator, Joe Ochab at Ochab.Joet5ieoa.0ov, within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective /goals
within 30 days of receiving the submission. If proposed fair share objective /goals are not received within
the 120 -day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective /goals are submitted.
Contract Administration Provisions, 40 CFR Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302
Bidders List, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40
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MBE
WBE
Construction
2%
1%
Equipment
1%
1%
Services
1%
1%
Supplies
1%
1 %
The recipient accepts the fair share objectives /goals stated above and attests to the fact that it is
purchasing the same or similar construction, supplies, services and equipment, in the same or similar
relevant geographic buying market as CSWRCB.
Negotiating Fair Share Objectives /Goals, Section 33.404
The recipient has the option to negotiate its own MBEfWBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit proposed
MBE/WBE objectivestgoals based on an availability analysis, or disparity study, of qualified MBEs and
WBES in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBE/WBE Coordinator, Joe Ochab at Ochab.Joet5ieoa.0ov, within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective /goals
within 30 days of receiving the submission. If proposed fair share objective /goals are not received within
the 120 -day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective /goals are submitted.
Contract Administration Provisions, 40 CFR Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302
Bidders List, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40
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CFR Section M.501(b)and(c) for specific requirements and exemptions
E. MBE/WBE Reporting
General Compliance, 40 CFR Part 33, Subpart E — Reporting Condition
MBE/WBE reporting is required annually. Reporting is required for assistance agreements where there
are funds budgeted for procuring construction, equipment, services and supplies, including funds
budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other"
category, that exceed the threshold amount of $150,000, including amendments and /or modifications.
Based on EPA's review of the planned budget, this award meets the conditions above and is subject to
Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient
must submit to the GrantsReoion9(aeoa.00v a justification and budget detail within 21 days of the award
date demonstrating that this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a "MBEMBE Utilization under Federal Grants, Cooperative
agreements* report (EPA Form 5700 -52A) on an annual basis. All procurement actions that are
reportable, not just that portion which exceeds $150,000.
When completing the annual report, recipients are instructed to check the box titled "annual:" in section I
of the form. For the final report, recipients must check the box indicated for the "last report' of the project
in section 1B of the form. Annual reports are due by October 30° of each year. Final reports are due by
October 30" or 90 days after the end of the project period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and /or budgeted
funds for procurement are required to report annually whether the planned procurements take place
during the reporting period or not. If no budgeted procurements take place during the reporting period, the
recipient should check the box in section 5B when completing the form.
MBE/WBE reports should be sent to GrantsReoion9fo epa goy and assigned EPA Grants Specialist. The
current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's website at
httosa /www eoa aoylresources- small - businesses /contract- administraton- report a- forms -disad antaged -b
usiness
This provision represents an approved deviation from the MBE/WBE reporting requirements as described
in 40 CFR Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in
effect, including the Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and Fair
Share Objectives negotiation as described in 40 CFR Part 33, Subpart D.
F. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect
costs included in the assistance budget, they are not allowable under this Assistance Agreement.
Programmatic Conditions
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)(1) such as activities involving the Inventory, characterization, assessment,
and planning relating to brownfield sites as described in the EPA approved workplan.
A. Federal Policy and Guidance
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a. Cooperative Agreement Recipients: By awarding this cooperative agreement, the
Environmental Protection Agency (EPA) has approved the proposal for the Cooperative
Agreement Recipient (CAR) submitted in the Fiscal Year 2017 competition for Brownfields
assessment cooperative agreements.
b. In implementing this agreement, the CAR shall ensure that work done with cooperative
agreement funds complies with the requirements of the CERCLA § 104(k). The CAR shall
also ensure that assessment activities supported with cooperative agreement funding comply
with all applicable federal and state laws and regulations.
c. The CAR must comply with federal cross - cutting requirements. These requirements include,
but are not limited to, DBE requirements found at 40 CFR Part 33; OSHA Worker Health &
Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation
Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act;
Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41
CFR 60 -4; Contract Work Hours and Safety Standards Act, as amended (40 USC § 327 -333)
the Anti - Kickback Act (40 USC § 276c) and Section 504 of the Rehabilitation Act of 1973 as
implemented by Executive Orders 11914 and 11250.
d. The CAR must comply with Davis -Bacon Act prevailing wage requirements and associated
U.S. Department of Labor (DOL) regulations for all construction, alteration and repair
contracts and subcontracts awarded with funds provided under this agreement. Activities
conducted under assessment cooperative agreements generally do not involve construction,
alteration and repair within the meaning of the Davis -Bacon Act. However, the recipient must
contact the EPA Project Officer if there are unique circumstances (e.g. removal of an
underground storage tank or another structure and restoration of the site) which indicate that
the Davis -Bacon Act applies to an activity the CAR intends to carry out with funds provided
under this agreement. EPA will provide guidance on Davis -Bacon Act compliance if
necessary.
IL SITE ELIGIBILITY REQUIREMENTS
A. Eligible Brownfields Site Determinations
a. The CAR must provide information to EPA about site - specific work prior to
incurring any costs under this cooperative agreement for sites that have not already been
pre- approved in the CAR's workplan by EPA. The information that must be provided includes
whether or not the site meets the definition of a brownfeld site as defined in § 101 (39) of
CERCLA, whether the CAR is the potentially responsible party under CERCLA § 107 and/or
has defenses to liability.
If the site is excluded from the general definition of a brownfeld, but is eligible for a
property - specific funding determination, then the CAR may request a
property- specific funding determination. In their request, the CAR must provide
information sufficient for EPA to make a property - specific funding determination on
how financial assistance will protect human health and the environment, and either
promote economic development or enable the creation of, preservation of, or
addition to parks, greenways, undeveloped property, other recreational property, or
other property used for nonprofit purposes. The CAR must not incur costs for
assessing sites requiring a property - specific funding determination by EPA until the
EPA Project Officer has advised the CAR that the Agency has determined that the
property is eligible.
2. a. For any Petroleum contaminated brownfield site that is not included in the CAR's EPA
approved workplan, the CAR shall provide sufficient documentation to EPA prior to incurring costs under
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this cooperative agreement which documents that
(1) a State has determined that the petroleum site is of relatively low risk,
as compared to other petroleum -only sites in the State,
(2) the State determines there is "no viable responsible party, for the site;
(3) the State determines that the person assessing or investigating the site
is a person who is not potentially liable for cleaning up the site; and
(4) the site is not subject to any order issued under section 9003(h) of the Solid
Waste Disposal Act.
This documentation must be prepared by the CAR or the State, following contact and
discussion with the appropriate petroleum program official. Refer to EPA's FY17 Proposal
Guidelines for Brownfields Assessment Grants, EPA -OLEM- OBLR -16 -08 for discussion on
this element.
b. Documentation must include (1) the identity of the State program official contacted,
(2) the State official's telephone number, (3) the date of the contact, and (4) a
summary of the discussion relating to the state's determination that the site is of
relatively low risk, that there is no viable responsible party and that the person
assessing or investigating the site is not potentially liable for cleaning up the site.
Other documentation provided by a State to the recipient relevant to any of the
determinations by the State must also be provided to the EPA Project Officer.
c. If the State chooses not to make the determinations described in Section II.A.2.a .
above, the CAR must contact the EPA Project Officer and provide the necessary
information for EPA to make the requisite determinations.
d. EPA will make all determinations on the eligibility of petroleum- contaminated brownfelds sites
located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined
at 18 U.S.C. 1151). Before incurring costs for these sites, the CAR must contact the EPA
Project Officer and provide the necessary information for EPA to make the determinations
described in Section II.A.2.a. above.
III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
I. The term of this agreement is three years from the date of award, unless otherwise extended by
EPA at the CAR's request.
2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, the recipient must implement a corrective
action plan approved by the EPA Project Officer. Alternatively, EPA may terminate this agreement
under 2 CFR 200.339 for material non - compliance with its terms, or with the consent of the CAR
as provided at 2 CFR 200.339 if EPA determines that insufficient progress was not the fault of the
CAR. For purposes of assessment cooperative agreements, the CAR demonstrates "sufficient
progress" when 35% of funds have been drawn down and obligated to eligible activities; for
assessment coalition cooperative agreements "sufficient progress° is demonstrated when a
solicitation for services has been released, sites are prioritized or an inventory has been initiated if
necessary, community involvement activities have been initiated and a Memorandum of
Agreement is in place, or other documented activities that demonstrate to EPA's satisfaction that
the CAR will successfully perform the cooperative agreement.
1 Assessment funding for an eligible brownfeld site may not exceed $200,000 unless a waiver has
been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the
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site
B. Substantial Involvement
1. EPA may be substantially involved in overseeing and monitoring this cooperative agreement.
a. Substantial involvement by EPA generally includes administrative activities by the
Project Officer such as monitoring, reviewing project phases, and approving
substantive terms included in professional services contracts.
b. Substantial EPA involvement also includes brownfelds property - specific funding
determinations described in Section I.B. If the CAR awards a subaward for site
assessment, the CAR must obtain technical assistance from EPA on which sites
qualify as a brownfeld site and determine whether the statutory prohibition found in
section 104(k)(4)(13)(i)(IV) of CERCLA applies. This prohibition does not allow the
subrecipient to use EPA funds to assess a site for which the subrecipient is
potentially liable under § 107 of CERCLA. (See Section III.C.3. for more information
on subawards.)
c. Substantial EPA involvement may include reviewing financial and environmental
status reports; and monitoring all reporting, record - keeping, and other program
requirements.
d. EPA may waive any of the provisions in Term and Condition III.B.1. with the
exception of property - specific funding determinations. EPA will provide waivers in
writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this
cooperative agreement, will not have any effect upon CERCLA § 128 Eligible
Response Site determinations or rights, authorities, and actions under CERCLA or
any federal statute.
b. The CAR remains responsible for ensuring that all assessments are protective of
human health and the environment and comply with all applicable federal and state
laws.
c. The CAR and its subrecipients remain responsible for incurring costs that are
allowable under 2 CFR Part 200 Subpart E.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a
professional on staff.
2. The CAR is responsible for ensuring that contractors and subrecipients comply with the terms of
their agreements with the CAR, and that agreements between the CAR and subrecipients and contractors
comply with the terms and conditions of this agreement.
3. Subawards are defined at 2 CFR 200.92. The CAR may not subaward to for -profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 2 CFR Part 200.317 through 200.326. In addition,
EPA policy encourages awarding subawards competitively and the CAR must consider awarding
subawards through competition.
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4. The CAR is responsible for ensuring that EPA's Brownfeds assessment funding received under
this cooperative agreement, or in combination with any other previously awarded Brownfields Assessment
cooperative agreements does not exceed the $200,000 funding limitation for an individual brownfeld site.
Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of
funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver.
5. CARS expending funding from a community-wide assessment cooperative agreement must
include this amount in any total funding expended on the site.
6. Competency of Organizations Generating Environmental Measurement Data: In accordance with
Agency Policy Directive Number FEM- 2012 -02, Policy to Assure the Competency of Organizations
Generating Environmental Measurement Data under Agencv- Funded Assistance Agreements, the CAR
agrees, by entering into this agreement, that it has demonstrated competency prior to award, or
alternatively, where a pre -award demonstration of competency is not practicable, the CAR agrees to
demonstrate competency prior to carrying out any activities under the award involving the generation or
use of environmental data. The CAR shall maintain competency for the duration of the project period of
this agreement and this will be documented during the annual reporting process. A copy of the Policy is
available online at http: / /www.epa.gov /fem /lab comp.htm or a copy may also be requested by contacting
the EPA Project Officer for this award.
D. Quarterly Progress Reports
In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.328 monitoring
and reporting program performance ), the CAR agrees to submit quarterly progress reports to the
EPA Project Officer within thirty days after each reporting period. These reports shall cover work
status, work progress, difficulties encountered, preliminary data results and a statement of activity
anticipated during the subsequent reporting period, including a description of equipment,
techniques, and materials to be used or evaluated. A discussion of expenditures and financial
status for each workplan task, along with a comparison of the percentage of the project completed
to the project schedule and an explanation of significant discrepancies shall be included in the
report. The report shall also include any changes of key personnel concerned with the project.
Quarterly progress reports must clearly differentiate which activities were completed with EPA
funds provided under the Brownfield assessment cooperative agreement, versus any other
funding source used to help accomplish project activities.
In addition, the report shall include brief information on each of the following areas: 1) a
comparison of actual accomplishments to the anticipated outputs/outcomes specified in the
cooperative agreement workplan; 2) reasons why anticipated outputs/outcomes were not met; and
3) other pertinent information, including, when appropriate, analysis and explanation of cost
overruns or high unit costs. The CAR agrees that it will notify EPA of problems, delays, or adverse
conditions which materially impair the ability to meet the outputs /outcomes specified in the
cooperative agreement workplan. EPA will provide the CAR with a quarterly report template.
The CAR must submit progress reports on a quarterly basis to the EPA Project Officer quarterly
progress reports must include:
a. Summary and status of approved activities performed during the reporting quarter,
summary of the performance outputs /outcomes achieved during the reporting
quarter, a description of problems encountered or difficulties 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; including an explanation of any
discrepancies from the approved workplan.
c. A list of the properties where assessment activities were performed and /or
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completed during the reporting quarter.
d. A budget recap summary table with the following information: current approved
project budget; costs incurred during the reporting quarter; costs incurred to date
(cumulative expenditures); and total remaining funds. The CAR should include an
explanation of any discrepancies in the budget from the approved workplan.
If the CAR makes any subawards under this agreement, then it becomes a pass- through entity
under the "Establishing and Managing Subaward° General Term and Condition of this agreement.
As the pass- through entity, the CAR must report to EPA on its subaward monitoring activities
under 2 CFR 200.331(d), including the following information on subawards as part of the CAR's
quarterly performance reporting:
a. Summaries of results of reviews of financial and programmatic reports.
b. Summaries of findings from site visits and /or desk reviews to ensure effective subrecipient
performance.
c. Environmental results the subrecipient achieved.
J. Summaries of audit findings and related pass- through entity management decisions.
e. Actions the pass - through entity has taken to correct any deficiencies such as those specified
at 2 CFR 200.331(a), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for
Noncompliance.
4. The CAR must maintain records that will enable it to report to EPA on the amount of funds
disbursed by the CAR to assess specific properties under this cooperative agreement.
5. In accordance with 2 CFR 200.328(d)(1), the CAR agrees to inform EPA as soon as problems,
delays, or adverse conditions become known which will materially impair the ability to meet the
outputs /outcomes specified in the approved workplan.
E. Property Profile Submission
1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments
(i.e., assessment completed, cleanup required, contaminants, institution controls, engineering
controls) by completing and submitting relevant portions of the Property Profile Form using the
Brownfelds Program on -line reporting system, known as Assessment, Cleanup and
Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as
the interim action or final accomplishment has occurred, or within 30 days after the end of each
reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The
training is required to obtain access to ACRES. The CAR must utilize the ACRES system unless
approval is obtained from the regional Project Officer to utilize and submit the Property Profile
Form instead.
F. Community Outreach
1. The CAR agrees to clearly reference EPA investments in the project during all phases of
community outreach outlined in the EPA- approved workplan, which may include the development of any
post - project summary or success materials that highlight achievements to which this project contributed.
Specifically:
a. The CAR agrees to notify the EPA Project Officer listed in this award document of public or
media events publicizing the accomplishment of significant events related to construction or
site reuse projects as a result of this agreement, and provide the opportunity for attendance
and participation by federal representatives with at least ten (10) working days' notice.
b. To increase public awareness of projects serving communities where English is not the
predominant language, recipients are encouraged to include in their outreach strategies
communication in non - English languages. Translation costs for this purpose are allowable,
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provided the costs are.reasonable
c. Pro act Outreach Materials
i) If any document, fact sheet, and /or web material are developed as part of this
cooperative agreement, then they shall include the following statement: "Though this
project has been funded, wholly or in part, by EPA, the contents of this document do not
necessarily reflect the views and policies of EPA."
ii) If a sign is developed, as part of a project funded by this cooperative agreement, then
the sign shall include either a statement (e.g., this project has been funded, wholly or in
part, by EPA) and /or EPA's logo acknowledging that EPA is a source of funding for the
project . The EPA logo may be used on project signage when the sign can be placed in
a visible location with direct linkage to site activities. Use of the EPA logo must follow
the sign specifications available at: htto9/www.spa.cov /oodlic.him.
G. Final Technical Cooperative Agreement Report with Environmental Results
In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, 200.320 monitoring
and reporting program performance ), the CAR agrees to submit to the EPA Project Officer within
90 days after the expiration or termination of the approved project period a final technical report
on the cooperative agreement and at least one reproducible copy suitable for printing. The final
technical report shall document project activities over the entire project period and shall include
brief information on each of the following areas: 1) a comparison of actual accomplishments with
the anticipated outputs /outcomes specified in the assistance agreement workplan; 2) reasons why
anticipated outputs /outcomes were not met; and 3) other pertinent information, including, when
appropriate, analysis and explanation of cost overruns or high unit costs. The CAR agrees that it
will notify EPA of problems, delays, or adverse conditions which materially impair the ability to
meet the outputs /outcomes specified in the cooperative agreement workplan. EPA will provide the
CAR with an outline for the final report.
H. Conflict of Interest
I. The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subawards that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of
impartiality. Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor, or other individual associated with the CAR (affected party) approves or
administers a subaward to a subrecipient in which the affected party has a financial or other interest. Such
a conflict of interest or appearance of lack of impartiality may arise when
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above, has a financial or
other interest in the subrecipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value
from subrecipients. Recipients may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by
State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or
other disciplinary actions for violations of such standards by affected parties.
IV. FINANCIAL ADMINISTRATION REQUIREMENTS
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A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the workplan, 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, eligible programmatic expenses may include:
a. Determining whether assessment activities at a particular site are authorized by CERCLA §
104(k);
b. Ensuring that an assessment complies with applicable requirements under federal and state
laws, as required by CERCLA § 104(k);
c. Using a portion of the cooperative agreement funds to purchase environmental insurance for
the characterization or assessment of the site. Funds may not be used to purchase insurance
intended to provide coverage for any of the ineligible uses under
Section IV.B., and
d. Any other eligible programmatic costs including direct costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing subawards to
the extent allowable under Section IV.B.2.; and carrying out community involvement pertaining
to the assessment activities.
2. Local Governments only. No more than 10% of the funds awarded by this agreement may be
used by the CAR itself as a programmatic cost for brownfeld program development and
implementation (including monitoring of health and institutional controls). The CAR must maintain
records on funds that will be used to carry out this Task in its EPA approved workplan to ensure
compliance with this requirement.
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Cleanup activities;
b. Site 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
cooperative agreement;
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 brownfelds site for which the CAR of the cooperative
agreement or subaward recipient is potentially liable under CERCLA § 107;
g. To pay a cost of compliance with any federal law, excluding the cost of compliance
with laws applicable to the assessment; and
h. Unallowable costs (e.g., lobbying and fund raising) under 2 CFR Part 200 Subpart E.
2. Under CERCLA § 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under 2 CFR Part 225 for state, local and tribal
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governments, as applicable
a. Ineligible administrative costs include costs incurred in the form of salaries, benefits,
contractual costs, supplies, and data processing charges, incurred to comply with
most provisions of the Uniform Administrative Requirements, Cost Principles and
Audit requirements for Federal Awards at 2 CFR 200 and 2 CFR 1500. Direct costs
for cooperative agreement administration, with the exception of costs specifically
identified as eligible programmatic costs, are ineligible even if the CAR is required to
can out the activity under the cooperative agreement. Costs incurred to report
quarterly performance to EPA under the cooperative agreement are eligible.
b. Ineligible cooperative agreement administration costs include direct costs for.
(1) Preparation of applications for brownfieltls grants;
(2) Record retention required under 2 CFR 1500.6;
(3) Record- keeping associated with equipment purchases required under 2 CFR 200.313;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and other
activities required under 2 CFR 200.308;
(5) Maintaining and operating financial management systems required under 2 CFR 200.302;
(6) Preparing payment requests and handling payments under 2 CFR 200305;
(7) Non - federal audits required under 2 CFR 200 Subpart F; and
(8) Close out under 2 CFR 200.343.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL),
b. Facilities subject to unilateral administrative orders, court orders, and administrative
orders on consent or judicial consent decree issued to or entered by parties under
CERCLA;
c. Facilities that are subject to the jurisdiction, custody or control of the United States
government except for land held in trust by the United States government for an
Indian tribe; or
d. A site excluded from the definition of a brownfieltls site for which EPA has not made
a property - specific funding determination.
C. Interest - Bearing Accounts and Program Income
L In accordance with 2 CFR 1500 7, during the performance period of the cooperative agreement
the CAR is authorized to add program income to the funds awarded by 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 cooperative agreement funds and program income (i.e. fees)
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in an interest bearing account.
a. For interest earned on advances, CARS are subject to the provisions of 2 CFR
200.305(b)(7)(ii) relating to remitting interest on advances to EPA on a quarterly
basis.
b. Interest earned on program income is considered additional program income.
c. The CAR must disburse program income (including interest earned on program
income) before requesting additional payments from EPA as required by 2 CFR
1500.8.
V. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
1. Prior to conducting or engaging in any on -site activity with the potential to impact historic
properties (such as invasive sampling), the CAR shall consult with EPA regarding potential
applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in
complying with any requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
1. When environmental data are collected as part of the brownfelds assessment, the CAR shall
comply with 2 CFR 150011 requirements to develop and implement quality assurance practices
sufficient to produce data adequate to meet project objectives and to minimize data loss. State
law may impose additional QA requirements.
2. In addition, the recipient must comply with the following QA requirements'
a. This grant includes the performance of environmental measurements, therefore, a QA
Plan, a Sampling and Analysis Plan, or other comparable document covering QA
activities, must be prepared before any sampling or cleanup activities at the site may
begin. An example of a comparable document is a Sampling Plan approved by the state
oversight authority. If the document submitted does not meet EPA's basic information
requirements, an addendum or supplemental Sampling and Analysis Plan may be
required before sampling work may begin. The recipient should consult with the Region 9
Quality Assurance Office at 415- 972 -3411 to determine if a QA document is required. The
Quality Assurance Manager will determine what type of QA documentation would be most
appropriate and what QA guidance should be followed if a document is required. The QA
Plan must be approved by the EPA Project Officer, the Region 9 Quality Assurance
Manager, and the recipient's Quality Assurance Officer before measurement activities are
undertaken. Typically, measurement activities must be described by the type of media
(soil, water, air), by the phase of the project (i.e. sampling backfll material, air monitoring
during removal work, confirmation sampling), and by location.
b. Emergency measurements may be taken without a QA Plan being prepared if the Region
9 Quality Assurance Manager agrees that the nature of the data collection activity
required due to the emergency warrants an exemption and the recipient contacts the
Quality Assurance Manager to obtain approval prior to beginning the sampling work.
Contact the QA Office at 415 - 972 -3411. In the event an unforeseen site condition arses
during the cleanup work, changes or deviations to the type of contaminant sampled,
methodology, or sample spacing, the recipient must contact the Quality Assurance
Manager to determine if the Sampling and Analysis Plan must be amended before new
work is initiated. If the change is such that a site hazard is created by a delay in the work,
the recipient shall contact the Quality Assurance Manager to obtain approval prior to
formally revising the document. Minor field deviations (i.e. slight location changes) should
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be noted in the final cleanup report, but do not require EPA approval.
c. In general, a QAPP or Sampling and Analysis Plan will require approximately two to four
weeks for the EPA Quality Assurance Manager to review and return comments.
Documents generally require one revision and re- submittal. The re- submittal review time
is typically two weeks.
C. All Appropriate Inquiry
1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a
Phase I site characterization and assessment carried out under this agreement will be performed
in accordance with EPA's all appropriate inquiries regulation. The CAR shall utilize the practices in
ASTM standard E1527 -13 "Standard Practices for Environmental Site Assessment: Phase I
Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule (40 CFR
312). A suggested outline for an AAI final report is provided in "All Appropriate Inquiries Rule:
Reporting Requirements and Suggestions on Report Content ", (Publication Number: EPA
560 -F -14 -003). This does not preclude the use of cooperative agreement funds for additional site
characterization and assessment activities that may be necessary to characterize the
environmental impacts at the site or to comply with applicable State standards.
2. All Appropriate Inquiries (AAI) final reports produced with funding from this agreement must
comply with 40 C.F.R. Part 312 and must, at a minimum, include the information below. All AAI
reports submitted to EPA Project Officers as deliverables under this agreement must be
accompanied by a completed "All Appropriate Inquiries Final Rule: Reporting Requirements
Checklist for Assessment Grant Recipients" (Publication Number: EPA 560 -R -10 -030) that EPA's
Project Officer will provide to the recipient. The checklist also is available to CARs on EPA's
website at www.eoa.00v /brownfields.
a. An opinion as to whether the inquiry has identified conditions indicative of releases
or threatened releases of hazardous substances, and as applicable, pollutants and
contaminants, petroleum or petroleum products, or controlled substances, on, at, in,
or to the subject property.
b. An identification of "significant" data gaps (as defined in 40 C.F.R. 312.10), if
any, in the information collected for the inquiry . Significant data gaps include
missing or unattainable information that affects the ability of the environmental
professional to identify conditions indicative of releases or threatened releases of
hazardous substances, and as applicable, pollutants and contaminants, petroleum
or petroleum products, or controlled substances, on, at, in, or to the subject
property. The documentation of significant data gaps must include information
regarding the significance of these data gaps.
c. Qualifications and signature of the environmental professional(s). The
environmental professional must place the following statements in the document
and sign the document.
"(l, We] declare that, to the best of [my, our] professional knowledge and belief, fl, we]
meet the definition of Environmental Professional as defined in §312.10 of this part."
• "fl, We] have the specific qualifications based on education, training, and experience to
assess a property of the nature, history, and setting of the subject property. [l,
We] have developed and performed the all appropriate inquiries in
conformance with the standards and practices set forth in 40 CFR Part 312."
Note: Please use either "I" or "We."
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d. In compliance with §312.31(b), the environmental professional must include in the
final report an opinion regarding additional appropriate investigation , if the
environmental professional has such an opinion.
EPA may review checklists and AAI final reports for compliance with the AAI regulation
documentation requirements at 40 CFR part 312 (or comparable requirements for those using
ASTM Standard 1527 -13). Any deficiencies identified during an EPA review of these documents
must be corrected by the recipient within 30 days of notification. Failure to correct any identified
deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 2
CFR 200.338 through 2 CFR 200.342. If a recipient willfully fails to correct the deficiencies the
Agency may consider other available remedies under 2 CFR 200.342,
D. Completion of Assessment Activities
The CAR shall properly document the completion of all activities described in the EPA approved
workplan. 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.
VII. PAYMENT AND CLOSEOUT
A. Payment Schedule
The CAR may request payment from EPA pursuant to 2 CFR 200.305.
B. Schedule for Closeout
I. Closeout will be conducted in accordance with 2 CFR 200.343. EPA will close out the award when
it determines that all applicable administrative actions and all required work under the cooperative
agreement have been completed.
2. The CAR, within 90 days after the end date of the period of performance or the termination of the
cooperative agreement, must submit all financial, performance, and other reports required as a condition
of the cooperative agreement or 2 CFR Part 200.
a. The CAR must submit the following documentation:
(1) The Final Technical Cooperative Agreement Report as described in Section III.G. of these
Terms and Conditions.
(2) A Final Federal Financial Report (FFR - SF425). Submitted to
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bldg C, Rm 503
Las Vegas, NV 89119
email: Ivfc- grants(a)eoa aov
httos:/ /www epa.gov/financial/grants
(3) A Final MBE/WBE Report (EPA Form 5700 -52A). Submitted to the regional
grants office.
b. The CAR must ensure that all appropriate data has been entered into ACRES or all
Properly Profile Forms are submitted to the Region.
c. The CAR must immediately refund to EPA any balance of unobligated
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(unencumbered) cash advanced that is not authorized to be retained for use on
other cooperative agreements.
VIII. CYBERSECURITY:
(a) The recipient agrees that when collecting and managing environmental data under this assistance
agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as
applicable.
(b)(1) EPA must ensure that any connections between the recipient's network or information system
and EPA networks used by the recipient to transfer data under this agreement, are secure. For
purposes of this Section, a connection is defined as a dedicated persistent interface between an
Agency IT system and an external IT system for the purpose of transferring information. Transitory,
user - controlled connections such as website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental Information
Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project
Officer (PO) no later than 90 days after the date of this award and work with the designated
Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security
requirements, including entering into Interconnection Service Agreements as appropriate. This
condition does not apply to manual entry of data by the recipient into systems operated and used by
EPA's regulatory programs for the submission of reporting and /or compliance data.
(b)(2) The recipient agrees that any subawards it makes under this agreement will require the
subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information
system is connected to EPA networks to transfer data to the Agency using systems other than the
Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be
in compliance with this condition: by including this requirement in subaward agreements; and during
subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring
whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the
recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the
negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
- -- END OF DOCUMENT - --
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U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS
ASSESSMENT PROGRAM
WORK PLAN
Cooperative Agreement #: 99T62201
FOR
Bakersfield, California - Fiscal Year 2017 U.S. EPA Brownfields Community -Wide
Assessment Grant for Hazardous Substances and Petroleum
June 29, 2017
Submitted by:
Jacquelyn R. Kitchen
Community Development Director
City of Bakersfield
1715 Chester Avenue
Bakersfield, CA 93301
(661) 326 -3733
jkitchen@bakersfieldcity.us
City of Bakersfield, June 2017 Page 7 of 15
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Bakersfield, California- FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
A. Recipient Title
City of Bakersfield, California
B. Background
The City of Bakersfield (City( is located in Kern County in California's San Joaquin Valley
(Valley. Incorporated in 1873, the City grew as farmers discovered the Valley's
tremendous agricultural potential. Discovery of the Kern River Oil Field north of the City
in 1899 created an oil boom. Oil and agriculture helped drive the City's growth from a
population of 26,015 in 1930 to 358,700 today. Bakersfield is the 2nd largest city in the
Valley, and 9'h largest in California. Kern is the largest oil producing, and 4th largest
agricultural producing county in the United States (US).
The City is facing challenges that are acutely felt in east Bakersfield where regional
development patterns have resulted in long -term disinvestment. In the 1930s, state
planners opted not to keep Highway 99 on its original route through central Bakersfield,
instead re- routing it through the City's west side. This, coupled with the construction of
US Interstate Highway 5 also west of the City in the 1960s, shifted development
westward, pulling investment away from downtown and east Bakersfield, and stranding
the local population among aging and underutilized brownfields. Economic conditions
have been worsened by volatility in the critical agricultural and oil markets which have
been hit by prolonged drought and drops in oil prices over the last decade. From 1993
to 2015, the Kern County poverty rate ranged from 18% to 25% compared to 12% to 17%
statewide. Today, poverty and crime rates are typically twice as high in east and
downtown Bakersfield as observed city -wide. With concentrated industrial sites,
highways, and railroads, Bakersfield's air quality has consistently been among the worst
in the US.
Bakersfield is at a crossroads of challenges and opportunities. The population is growing
rapidly and there is significant pressure for economic growth. The City is also planning
for the arrival of the California High Speed Rail (HSR), which will include a station in
downtown Bakersfield, and working to recover from the state legislature's 2012
dissolution of local Redevelopment Agencies (RDAs) that existed to combat blight and
promote equitable economic development. Meanwhile, unemployment and poverty
rates in east and downtown Bakersfield are much higher than the region, and
brownfields are more concentrated in these areas. Brownfields in downtown and east
Bakersfield range from large vacant former industrial lots to smaller former
manufacturing sites, gas stations, auto shops, and dry cleaners. Many of these sites are
adjacent to the minority and low- income residential neighborhoods that characterize
these areas.
City of Bakersfield, June 2017 Page 2 of 15
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Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan
The City seeks to promote brownfield redevelopment in three Brownfield- impacted
Focus Areas: Downtown, Highway 58 /Mt. Vernon, and the Municipal Airport area. This
project aligns with several ongoing revitalization efforts including the City's Economic
Opportunity Areas Plan that identifies the same three Focus Areas as Opportunity Zones
where redevelopment will be promoted using a range of incentives.
C. Goals and Objectives
a. EPA Strategic Plan
This project supports EPA's Strategic Plan and GPRA Goal 3: Cleaning -Up Communities
and Advancing Sustainable Development Objective 3.1 Promote Sustainable and
Livable Communities.
Outputs:
The City will inventory and assess hazardous substance and petroleum brownfields
within the community in order to catalyze cleanup and revitalization of priority sites. The
City anticipates specific outputs to include the following:
Task 1 - Protect Management and Reoortina
The City will complete the following reports as required and in accordance with the
submittal deadlines to be specified in the Cooperative Agreement (CA) with EPA:
• Quarterly progress /status reports;
• Brownfield Advisory Committee )BAC) meeting minutes;
• Annual Disadvantaged Business Enterprise (DBE) reports;
• Assessment, Cleanup and Redevelopment Exchange System (ACRES) updates;
and,
• Final financial and close -out summary report to EPA.
Additionally, the City will attend one national or state /regional brownfield conference.
Task 2 - Community Outreach
• Establish the BAC, meet with developers, property owners, other stakeholders,
and the general public;
• Solicit, discuss, and implement meaningful public input into the grant processes;
• Public notices;
• Meeting materials and presentations;
• Brochures and other public information materials; and,
• Project webpage for the City's website.
City of Bakersfield, June 2017 Page 3 of 15
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Bakersfield, California- FY2017 EPA Brownfields Community-Wide Assessment Grant -CA Work Plan
Task 3 - Brownfield Inventory and Prioritization
• Inventory of potential brownfield sites in areas of the city identified through
outreach as areas of high priority and redevelopment potential; and,
• Prioritized list of sites for assessment.
Task 4- Phase I Environmental Site Assessments (ESAS)
• Site eligibility determinations for each site selected for Phase I ESAS;
• Site access agreements for sites prioritized for Phase I ESAS;
• Health and Safety Plans (HASPS) prior to conducting each Phase I ESA; and,
• American Society for Testing Materials (ASTM) E1527 -13 Phase I ESAS at up to 6 -8
high priority brownfield sites (3 -4 hazardous substance sites and 3-4 petroleum
sites).
Task 5- Phase II Environmental Site Assessments (ESAS)
• Comprehensive Quality Assurance Project Plan (QAPP);
• Site access agreements for sites prioritized for Phase II ESAS;
• Site-Specific Sampling and Analysis Plans (SSSAPs) and updated HASPS for sites
prioritized for Phase II ESAS;
• Site-specific Endangered Species Act and National Historic Preservation Act
consultations before conducting Phase II ESAS (as necessary(;
• Phase II ESAS on select parcels for which Phase I ESAS are completed and for
which the need for further assessment is identified. The City plans to conduct
Phase II ESAS on up to 4 -6 high - priority brownfields sites (2 -3 hazardous substances
sites and 2 -3 petroleum sites.
Task 6- Remedial Action Plans (RAPS) & Area -Wide Plannina fAWP
• RAPs /Site - Specific Reuse Plans (SSRPs( at up to 2 high - priority sites for which Phase
II ESAS are completed and for which further assessment /clean -up need is
identified (1 hazardous substances site and 1 petroleum site); and,
• Area -Wide Planning (AWP) for one or more focus areas within the City of
Bakersfield.
Outcomes:
The following specific outcomes will be tracked on a quarterly basis:
• Number of potential brownfield properties inventoried;
• Numbers of sites and acres of land assessed;
• Numbers of sites for which property title transfers are facilitated;
• Acres of land redeveloped, and location and square footage of buildings
positioned for adaptive reuse;
• Acres of parks or green space created;
• Length of walking or bike trails created;
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• Amount of additional public and private investment leveraged;
• Amount of other funding leveraged;
• Jobs created or retained;
• Increased property and sales tax revenue generated;
• Number of buildings seeking LEED certification; and,
• Incorporation of green and sustainable assessment and remediation (GSR)
techniques applicable to Phase II ESA activities.
b. Project Goals
The City's overall goal is to build a sustainable Brownfield Program that spurs economic
development and reduces risks to human health and the environment by redeveloping
underutilized, blighted brownfield properties.
Grant funds will be used to support the Project goals by: 1 Establishing and maintaining
a comprehensive brownfield inventory; 2) Conducting Phase I and II ESAs to facilitate
the cleanup, transfer, and redevelopment of brownfields; 3) Engaging the community
and stakeholders in identifying and prioritizing sites and redevelopment planning; and,
4) Conducting AWP within one focus area including market analysis, existing
conditions /infrastructure evaluation studies, site- specific reuse planning for catalyst
brownfield sites, and community visioning exercises to inform a common
redevelopment strategy and implementation plan.
D. Tasks
Task 1 — Project Management and Reporting
a. Task Description
The City and its Consultant will lead Task 1 and provide regular reports as required by
the EPA including Quarterly Progress Reports, DBE Reports, and the final Federal
Financial Report.
Up to 2 City staff will attend 1 national or state /regional brownfield conference.
b. Task Budget
Cost: $19,980 (50% hazardous substances grant funds /50% petroleum grant funds)
City personnel labor /fringe: $1,530 (18 hours at $85 /hr)
Contractual: $15,000 (60 hours at $125 /hr)
Travel: 2 City staff to attend 1 state /regional or national brownfields
conference. See budget table below.
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Travel Budget Detail
c. Schedule
• Progress reports will be prepared and submitted to EPA on a quarterly
basis [due within 30 days of the end of each federal fiscal quarter ending
December, March, June, and September].
• DBE Reports will be submitted within 30 days of the end of the annual
reporting period ending September (due by October 30th).
• Property profiles will be completed and updated quarterly in ACRES for
each property where CA funds are expended.
• A final performance report will be completed and submitted to the EPA
Project Officer (electronically) within 90 calendar days following the
expiration or termination of the award. The report will contain the some
information as the Quarterly Progress Reports, but will cover the entire
Project period. In addition, the final performance report will specifically
address lessons learned, successes achieved, and a summary Project fact
sheet.
• Regional or national brownfields conference (anticipated 2018 or 2019).
d. Deliverables
• Quarterly Progress Reports;
• DBE Reports;
• Updated ACRES records; and,
• Final Performance Report.
Task 2 - Community Outreach
a. Task Description
The objective of this task is to ensure that community concerns are considered in
assessment planning and execution. The objective of this task is to ensure that the
community is kepi informed of Project goals, methods, and progress and ensure the
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Airfare
Hotel
Per Diem
Airport
Totals
Parking
State/ Regional
/National Conference
$1,600
$1,360
$450
$40
$3,450
(4 days/
3 nights)
c. Schedule
• Progress reports will be prepared and submitted to EPA on a quarterly
basis [due within 30 days of the end of each federal fiscal quarter ending
December, March, June, and September].
• DBE Reports will be submitted within 30 days of the end of the annual
reporting period ending September (due by October 30th).
• Property profiles will be completed and updated quarterly in ACRES for
each property where CA funds are expended.
• A final performance report will be completed and submitted to the EPA
Project Officer (electronically) within 90 calendar days following the
expiration or termination of the award. The report will contain the some
information as the Quarterly Progress Reports, but will cover the entire
Project period. In addition, the final performance report will specifically
address lessons learned, successes achieved, and a summary Project fact
sheet.
• Regional or national brownfields conference (anticipated 2018 or 2019).
d. Deliverables
• Quarterly Progress Reports;
• DBE Reports;
• Updated ACRES records; and,
• Final Performance Report.
Task 2 - Community Outreach
a. Task Description
The objective of this task is to ensure that community concerns are considered in
assessment planning and execution. The objective of this task is to ensure that the
community is kepi informed of Project goals, methods, and progress and ensure the
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public is provided opportunity for meaningful participation. The Consultant will lead the
outreach activities with support and guidance from the City.
• Convene the Brownfield Advisory Committee (BAC);
• Coordinate and conduct at least 6 and up to 10 meetings with BAC,
stakeholders, and the public to publicize the program and promote community
and property -owner participation;
• Develop outreach materials including fact sheets /mailers, press releases, project
website, meeting materials and presentations;
• Prepare and make publicly available a Site Nomination Form to solicit
community input regarding identification and prioritization of sites; and,
• Infuse meaningful public input throughout all tasks during the grant project.
b. Task Budget
Cost: $18,530 (50% hazardous substances grant funds /50% petroleum grant funds)
• City personnel labor /fringe: $1,530 (18 hours at $85 /hr)
• Contractual: $16,000 (64 hours at $125 /hr)
• Supplies: $1,000 (printing costs [$300]; public notice mailing expenses [$400]; and
public meeting display boards and other graphic materials [$3001)
c. Schedule
November 2017: Convene BAC composed of community partners identified
during the grant application process to plan and guide community outreach
efforts;
BAC will hold at least 6 and up to 10 meetings during Project;
Hold public Project kickoff meeting by February 2018 - outreach ongoing
throughout Project; and,
Fact sheets /mailers will be prepared as needed and distributed at project
milestones which may include but not limited to the beginning of the Project, if
there are new developments or delays, and after assessments are complete.
d. Deliverables
• BAC and other meeting notes;
• Site Nomination Form to solicit community input regarding identification and
prioritization of sites;
• Fact sheets /mailers:
• Press releases;
• Project website; and,
• Meeting materials and presentations.
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Task 3 - Brownfield Inventory and Prioritization
a. Task Description
The City's Consultant will build a geographic information system (GIS) -based inventory
of brownfield sites in one or more high priority areas of the city. The data may be
integrated with other databases to better relate the presence of brownfields to various
economic impacts and /or health data. The Consultant will lead the inventory and
prioritization activities with support from the City and the BAC.
• Review federal, state and local environmental regulatory agency, and public
health records;
• Review local property records relevant to identification of Brownfields (including
occupancy and other permits, tax delinquency status, building code violations,
assessors data, City spill data, and sites identified in recent plans and studies);
• Review Sanborn Maps, aerial photographs, and /or other historical resources to
identify sites which have a significant potential for impacts from historical land
uses;
• Reach out to local developers, real estate brokers, property owners, and other
stakeholders for information on potential brownfields;
• Conduct tours /windshield surveys to identify potential sites and verify current
conditions; and,
• The inventory and prioritization process will be integrated with GIS,
supplementing existing data layers to isolate sites with environmental concerns
and reuse potential.
• Following inventory activities, sites will be prioritized for assessment and /or
cleanup /redevelopment planning. The City will develop prioritization criteria
based on project goals and community input. We may use a triple - bottom -line
(TEL) system to produce a numerical ranking using 3 categories: 1) Economic
e.g. building condition, improvement -to -land value ratio, anticipated tax
revenue increase, for sale or lease); 2) Environmental (e.g. proximity to sensitive
areas, proximity to homes or parks, listing on environmental database); and 3)
Equity e.g. poverty, minority, cancer incidence). We will also evaluate property
owner willingness to participate, and the community benefits that would be
achieved if a brownfield was assessed and eventually redeveloped.
b. Task Budget
Cost: $21,190 (50% hazardous substances grant funds /50 %petroleum grant funds).
• City personnel labor /fringe: $1,190 (14 hours at $85 /hr).
• Contractual: $20,000 (160 hours at $125 /hr).
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c. Schedule
Task Start Date: November 2017
Task Completion Date: May 2018
d. Deliverables
• GIS -based inventory of potential brownfield sites;
• List of criteria for ranking sites;
• CIS maps of potential brownfields sites, as needed for planning and property
redevelopment marketing; and,
• Brownfield inventory report documenting inventory and prioritization methods.
Task 4 — Phase l ESAs
a. Task Description
The City's Consultant will conduct Phase I ESAS on up to 6 -8 sites (3 -4 hazardous
substance sites and 3 -4 petroleum sites.
The City's Consultant will complete Phase I ESAS in accordance with All Appropriate
Inquiry (AAI) and ASTM Practice E 1527 -13 "Standard Practice for ESAS; Phase I ESA
Process." The City and /or its Consultant will contact site owners, negotiate access
agreements, and complete site eligibility determinations before beginning Phase I ESAS.
Site eligibility determination requests will be submitted to the EPA Project Officer using
the EPA Region 9 form. Site eligibility will be reviewed by the EPA Project Officer and
the appropriate state agency for petroleum sites) prior to any site- specific work.
The ACRES database will be updated at the conclusion of each site eligibility
determination and each Phase I ESA.
The City and its Consultant will lead the Phase I ESA task with assistance from the BAC
on site selection, access issues, data acquisition, and report review and distribution.
b. Task Budget
Cost: $41,530 (50% hazardous substances grant funds /50 %petroleum grant funds).
• City personnel labor /fringe: $1,530 (18 hours at $85 /hr)
• Contractual: $40,000 - Average Phase I ESA cost: $5,000 (8 x $5,000 = $40,000)
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• Phase I ESA costs include eligibility determination, HASP and other pre -Phase I
ESA activities.
c. Schedule
Task Start Date: May 2018
Task Completion Date: Ongoing throughout grant period
d. Deliverables
• Completed eligibility determinations;
• HASPS;
• Signed access agreements; and,
• ASTM E1527 -13 Phase I ESA reports.
Task 5 - Phase II ESAs
a. Task Description
• Complete a comprehensive QAPP;
• Obtain site access agreements for sites prioritized for Phase II ESAs;
• Provide documentation to fulfill EPA's requirements under the Endangered
Species Act Section 7 and the National Historic Preservation Act Section 106
(NHPA) (as required).
• Complete Site - Specific Sampling and Analysis Plans (SSSAPs) and update HASPS
for sites prioritized for Phase II ESAs; and,
• Perform Phase II ESA and /or supplemental assessment activities on select parcels
for which Phase I ESAs are completed and for which the need for further
assessment is identified. The City plans to conduct Phase II ESAs on up to 4 -6
high - priority brownfields sites (2 -3 hazardous substances sites and 2 -3 petroleum
sites).
The City and its Consultant will lead the Phase II ESA tasks with assistance from BAC on
site selection, access issues, data acquisition, and report review and distribution.
b. Task Budget
Cost: $153,360 (50% hazardous substances grant funds /50% petroleum grant funds).
See breakdown in the table below.
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Bakersfield, California- FY2017 EPA Brownfield, Community -Wide Assessment Grant - CA Work Plan
Task 5
Total Budget
Subtasks
Units
Cost Per Unit
(50% haz sub/
50% petroleum)
QAPP
1
$8,000
$8,000
Phase 11 ESA
6
$24,000
$144,000
City Personnel Labor /Fringe
16
$85
$1,360
Total Task 3
$153,360
Cost
c. Schedule
Task Start Date:
• QAPP Completed by February 2018
• First Phase II ESA underway by September 2018
Task Completion Date: Ongoing throughout grant period
d. Deliverables
• Comprehensive QAPP;
• Completed /updated eligibility forms;
• Health and Safety Plans (HASPS(;
• Endangered Species, NHPA, and cultural resources documentation;
• Signed access agreements;
• Site- Specific Sampling and Analysis Plans (SSAPs): and,
• Phase II ESA Reports.
Task 6 - Remedial Action Plans )RAPS) & Area -Wide Planning (AWP)
a. Task Description
Prepare RAPS and /or Site- Specific Reuse Plans at up to 1 petroleum and 1
hazardous substance sites; and,
Conduct Area -Wide Planning for one or more focus areas.
b. Task Budget
Cost: $45,410 (50% hazardous substances grant funds /50% petroleum grant funds(.
See breakdown in the table below.
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6
Task 6
Total Budget
STask
s
Units
Cost Per Unit
(50% haz sub/
50% petroleum)
RAPS / SSRPs
2
$9,200
$18,400
Area -Wide Planning
1
$24,000
$24,000
City Personnel Labor /Fringe
34
$85
$2,890
Total Task 3
$45,410
Cost
c. Schedule
Task Start Date:
• RAPs / SSRPs underway by February 2019
Task Completion Date: Ongoing throughout grant period
d. Deliverables
• RAPs /Site- Specific Reuse Plans; and,
• AWPreport(s).
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E. Schedule of Milestones & Deliverables
2017-
Quarterly
1
Quarterly Progress Report (QPR)- First
X
Ongo
I
Period 10/1 - 12/31/17
2017-
As needed
1
Property Profile Form entered in
X
Ongoing
ACRES or submitted to PO; updated
asneeded
2017
Month 1
1
Internal kickoff meeting with City,
X
Consultant and EPA
2017
Month 2
2
Establish BAC and Identify
X
X
Stakeholders
2018
Month 5
2
Public Project kickoff meeting with
X
public and key stakeholders;
2018
Month 5
2
Site Nomination Form to solicit
X
community input
2018
Month 5
5
Comprehensive QAPP Finalized
X
2018
Month 8
3
inventory developed & Site Selection
X
Criteria set
2018
Month 8
3
Top sites selected for Phase I
X
X
2018-
Starting
4&5
Site eligibility requested & confirmed
X
X
Ongoing
Month 8
(At least 30 days before assessment is
scheduled to begin
2018-
Starting
4&5
Before conducting assessments:
X
Ongoing
Month 9
HASP; Site Access Agreements in Place;
Endangered Species Act; National
Historic Preservation Act Letters knot
required for Phase I ESA
2018-
Starting
4
Phase I Site Assessments
X
Ongoing
Month 10
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WE,
Mw
2018 -
Month 12-
1
Disadvantaged Business Enterprises
X
2020
Annually
(DBE) Report
Reports must be submitted annually by October
30th of each year.
2018-
Starting
5
Ongoing
Month 12
Phase II Site Assessments
X
2019-
Starting
6
Site - Specific Sampling and Analysis
Ongoing
Month 15
Plans and HASP updates
X
2019-
Starting
6
RAPS and /or Site- Specific Reuse Plans
X
Ongoing
Month 16
2019-
Starting
6
Area -Wide Planning reports
X
Ongoing
Month 17
2020
Month 36
5
Assessment results - Spreadsheet of
X
Assessed Properties
2020-21
Months 36 -
1
Final Federal Financial Report (FFR)
X
39
(SF425) & Final Drawdown
For forms a more information, visit:
http: //w .epa,gov /ocfo /fins vices /forrms.htm
2020 -21
Months 36 -
1
Closeout: Final Performance Report
X
39
with Summary Fact Sheet, Photos,
and Lessons Learned
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F. Budget Summary
G. Greening Grants
The City will incorporate the EPA Greening Grants Policy during Project implementation.
1. The City will continue to implement environmentally preferable purchasing (e.g.
office Supplies).
2. The City will continue the in- office recycling program.
3. The City will conduct Green meetings (e.g., sending electronic invitations;
choosing public - transit - friendly meeting locations; ensuring hard copy outreach
materials are printed double -sided and on recycled paper, etc.)
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Task 1
Project
Management
and
Reporting
Task 2
Community
Outreach
Task 3
Site
Inventory
and
Prioritization
Task 4
Phase
I ESAS
Task 5
Phase II
ESAS
Task d
RAPS/
AWP
Total
HAZARDOUS
SUBSTANCES GRANT
Personnel&
Frin e
$765
$765
$595
$765
$680
$1,445
$5,015
Travel
$1,725
$0
$0
$0
0
$0
$1,725
Supplies
$0
500
$0
$0
$0
$0
$500
Contractual
$7,500
$8,000
1 $10,000
20,000
1 $76,000
$21,260
$142,760
Sub -Total
$9,990
$9,265
$10,595
1 $20,765
1 $76,680
1 $22,705
150,000
PETROLEUM GRANT
Personnel&
Fringe
$765
$765
$595
$765
$680
$1,445
$5,015
Travel
1,725
$o
$0
$0
0
$1,725
Supplies
$0
$500
$0
$o
$0
$0
$500
Contractual
$7,500
$8,000
$10,000
$20,000
76,000
$21,260
$142,760
Sub -Total
9,990
$9,265
$10,595 $20,765
s76,680 1
$22,705
150,000
G. Greening Grants
The City will incorporate the EPA Greening Grants Policy during Project implementation.
1. The City will continue to implement environmentally preferable purchasing (e.g.
office Supplies).
2. The City will continue the in- office recycling program.
3. The City will conduct Green meetings (e.g., sending electronic invitations;
choosing public - transit - friendly meeting locations; ensuring hard copy outreach
materials are printed double -sided and on recycled paper, etc.)
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