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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. Page 1 of 2 Pages - o�x� 1�1I > m v o ORIOINAI_ 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, Page 2 of 2 Pages - of s r p O ORIGINA EXHIBIT NO. A%_ 1� g PKF9 o d,. m U O ORIGINAL V� 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 1� g PKF9 o d,. m U O ORIGINAL 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 o40A KF9 m v 0 ORIGINAL o40pKF9 T F, U O ORIGINAL 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 o�gPKF9 T F m v 0 ORIGINAI. 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 . o``eAKF9N o ORIGINAL (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 o`` e AKFhm m U O 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 o`` e AKFhm m U O 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 o48AkF9 T U O ORIGINAI 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 oFgAKF9s m U p ORIGINAL 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 �FepkF9 T m U O ORIGtNAL 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. oF8AKF9 T m U O ORIGINAL 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 o``eAKF�F o ORIGINAL 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, o``e AKF9� m U p ORIGINAL 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 oFgAKF9 T ti m v 0 ORIGINAL. 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 g AKF9 > m o ORIGINAL 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) oF�AKF9 NT � m U O ORIGINAL 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 o``epKEy °.: U � ORIGINAL 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." oFePKF9J, m v � ORIGINAL 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 o�gPKF9c � m � o ORIGINAL (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 - -- �gAKFyJ 0 U O ORIGINAI- 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 �ZNKFq 0 in O O ORIGINAL 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 gAKF9 > m ORIGINA! 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 gPKF9 o T m o ORIGINAL 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; City of Bakersfield, June 2017 Page 4 of 15 gPKF9 of sue, > m U � ORIGINAL Bakersfield, California - FY2017 EPA Brownfields Community-Wide Assessment Grant- CA Work Plan • 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. City of Bakersfield, June 2017 Page 5 of 15 o40pKF9 T 1 T H U O ORIGINAL Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan 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 City of Bakeafield, June 2017 Page 6 of 15 �gAKF9 m U O ORIGINAL 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 City of Bakeafield, June 2017 Page 6 of 15 �gAKF9 m U O ORIGINAL Bakersfeld. California- FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan 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. City of Bakersfield, June 2017 Page 7 of 15 eAKf9 o T > m v � ORIGINAL Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan 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). City of Bakersfield, June 2017 Page 8 of 15 o``0ANF9u'. in v c ORIGINAL Bakersfield, California - FY2017 EPA Brownfields Community-Wide Assessment Grant - CA Work Plan 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) City of Bakersfield, June 2017 Page 9 of 15 4 �gPKF9 T � m 0 0 ORIGINAL Bakersfield. California- FY2017 EPA Brownfields Community -Wide Assessment Grant -CAW" Plan • 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. City of Bakersfield, June 2017 Page 10 of 15 o�OAKFyS ti m u o ORIGINAL 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. City of Bakersfield, June 2017 Page 11 of 15 o48AKF9 T � m v 0 ORIGINAI. Bakersfield. California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan 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). City of Bakersfield. June 2017 Page 12 of 15 gPKfy� 0 ORICIN'd m o Bakersfield, California - FY2017 EPA Brownfelds Community -Wide Assessment Grant -CA Work Plan 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 Cify of Bakersfield, June 2017 Page 13 of 15 oFeAKF9 T U O ORIGINAL Bakersfield, California - FY2017 EPA Brownfields Community -Wide Assessment Grant - CA Work Plan City of Bakersfield, June 2017 Page 14 of 15 o40AKF9 `i � m v n ORIGINAL 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 City of Bakersfield, June 2017 Page 14 of 15 o40AKF9 `i � m v n ORIGINAL Bakersfield, California- FY2017 EPA Brownfield, Community -Wide Assessment Grant - CA Work Plan 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.) City of Bakersfield, June 2017 Page 15 of 15 o¢OpKF9 `T > m o ORIGINAL 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.) City of Bakersfield, June 2017 Page 15 of 15 o¢OpKF9 `T > m o ORIGINAL