BROWNFIELDS ASSESSMENT AND CLEANUP COOPERATIVE AGREEMENT (2)PR - 95427409 - 0 Paae 1
ASSISTANCE ID NO.
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AGENCY 213 9542709 - 0 07/09/2009
PROTECTION TYPE OF ACTION MAILING DATE
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RECIPIENT TYPE: Send Payment Request to:
Municipal Las Vegas Finance Center
RECIPIENT: PAYEE:
City of Clearwater City of Clearwater
112 S. Osceola Avenue 112 S. Osceola Avenue
Clearwater, FL 33756 Clearwater, FL 33756
EIN: 59-6000289
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Diane Hufford Barbara Caprita Keva Lloyd
112 S. Osceola Avenue 61 Forsyth Street Grants Management Office
Clearwater, FL 33756 Atlanta, GA 30303-8960 E-Mail: Lloyd.Keva@epa.gov
E-Mail: diane,hufford@myclearwater.com E-Mail: Caprita.Barbara@epamail.epa.gov Phone: 404-562-8420
Phone: 727,562.4054 Phone: 404-562-9969
PROJECT TITLE AND DESCRIPTION
Brownfields Assessment and Cleanup Cooperative Agreements
This agreement provides American Recovery and Reinvestment Act funds to the City of Clearwater, Florida to conduct community-wide assessments at
potential brownfields sites contaminated with petroleum and hazardous substances. The grant recipient may also develop a site inventory and prioritize sites
for Phase I and/or Phase II assessments. Funds may also be used for public outreach, community involvement, and cleanup/reuse planning activities.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
08/01/2009 - 07/31/2012 08/01/2009 - 07/31/2012 $400,000.00 $400,000.00
NOTICE OF AWARD
Based on your application dated 06/08/2009, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $400,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $400,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award
by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
U.S. EPA, Region 4
61 Forsyth Street Resource Conservation & Recovery Act Division
Atlanta, GA 30303-6960 61 Forsyth Street
Atlanta, GA 30303-8960
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Digital signature applied by EPA Award Official 07/09/2009
Elaine Curies, Grants Management Officer
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
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EPA Funding Information 2B - 95427409 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 400,000 $ 400,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance S $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution 5 $ $ 0
State Contribution $ $ $ 0
Local Contribution $ $ $ 0
Other Contribution S S $ 0
Allowable Project Cost $ 0 $ 400,000 $ 400,000
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.818 - Brownfields Assessment and Cleanup
- American Recovery and Reinvestment Act of 40 CFR PART 31
Cooperative Agreements 2009
CERCLA: Sec. 101(39)
- CERCLA: See, 104(k)(2)
Fiscal
Site Name Req No FY Approp.
Code Budget
Organization PRC Object
Class Site/Project Cost
Organization Obligation /
Deobligation
0904VTS011 091 E4 04V 402D79 411 G400SY0 200,00
0904VTS011 091 E4 04V 402D79E8 411 G400SR0 200,00
400,00
Budget Summarv Pane
2B - 95427409 - 0 Page 3
Table A - Object Class Category
(Non-construction) Total Approved Allowable
Budget Period Cost
1. Personnel $0
2. Fringe Benefits $0
3. Travel $4,000
4. Equipment $0
5. Supplies $7,000
6. Contractual $389,000
7. Construction $0
8. Other $0
9. Total Direct Charges $400,000
10. Indirect Costs: 0.00°/a Base $0
11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $400,000
12. Total Approved Assistance Amount $400,000
13. Program Income $0
14. Total EPA Amount Awarded This Action $400,000
1 5. Total EPA Amount Awarded To Date $400,000
ten`'
U. S. ENVIRONMENTAL PROTECTION AGENCY
NOTICE OF AWARD
RECIPIENT NAME AND ADDRESS:
William B. Horne, II
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33756
?X Assistance Agreement
71 Assistance Amendment
Increase Decrease
Time Extension Administrative
Enclosed are two copies of an Assistance Agreement from the U.S. Environmental Protection Agency.
2B-95427409-0
To accept this Notice of Award, please carefully review any terms and conditions, sign', and return one original copy to the following address
within 21 d_ aysz of the mailing date on the Assistance Agreement:
U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION 4
GRANTS MANAGEMENT OFFICE
61 FORSYTH STREET, SW
ATLANTA, GA 30303
ATTN: Keva Lloyd
The other original should be retained for your official records and copies distributed within your organization as needed. Please note, funds will
not be available for draw until we receive our countersi ned affirmation of the award.
To assist you with your post award management responsibilities, please see "Reporting Forms and Guidance for Administration of Your
Assistance Agreement." This document contains Important ost-award reporting re uirements and instructions on how to receive a ments.
To view this and other EPA grant-related information, visit our Region 4 Grants Office website at:
www. epa.90v1re9i0n41grants1
Please reference the EPA Assistance Number on all future correspondence regarding this Assistance Agreement. If you have any questions, you
may contact the Grants Specialist identified above at
(404)562-8420 or Lloyd.Keva@epa.gov
' Must be signed by authorized representative as shown on the Affirmation of Award signature block or formally authorized delegate.
2 Failure to countersign and return within 21 days of the mailing date may result in withdrawal of this award.
9 Please contact your Grant Specialist if you need a paper copy of this document.
U.S. Environmental Protection Agency
Region 4
Grants Management Office
2B - 95427409 - 0 Page 4
Administrative Conditions
1. ADVANCE METHOD OF PAYMENT
In accordance with EPA regulations, the recipient is authorized to receive advance payments under this
agreement, provided that the recipient takes action to minimize the time elapsing between the transfer of
funds from EPA and the disbursement of those funds.
2. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS -
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 -
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfr/Waisidx-06/40cfr36-06.html.
3. FINANCIAL REQUIREMENTS
Under the Automated Standard Application for Payments (ASAP), the recipient initiates an electronic or
voice-activated telephone payment request which is approved or rejected based on the amount of
available funds authorized by EPA in the recipient's account. Approved funds are credited to the recipient
organization at the financial institution identified on the recipient's ASAP enrollment application.
The recipient agrees to the following conditions in accepting this assistance agreement:
(a) Cash draw down will be made only as actually needed for its disbursement;
(b) The recipient will provide timely reporting of cash disbursements and balances as
required;
(c) The recipient will impose the same standards of timing and reporting on
secondary recipients, if any.
Failure on the part of the recipient to comply with the above conditions may cause the undisbursed
portions of the assistance agreement to be revoked and financing method changed to a reimbursable
basis.
4. FINANCIAL STATUS REPORTS/GRANT CLOSEOUT
A) Interim Financial Status Reports FSR
An Interim Financial Status Report (FSR-SF269) is to be submitted to the appropriate EPA Grants
Management Office 90 days after the anniversary of the project period start date. Interim FSRs should be
submitted to: EPA Grants Management Office at 61 Forsyth Street SW, Atlanta, GA 30303
B) Final Financial Status Reports
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report -
also called the SF269 - to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after the
expiration of the budget period end date. Assistance agreement recipients must also send Federal Cash
Transaction Reports (SF-272) annually to the LVFC; the SF-272 is due 15 working days after December
31. Please note that these reports are required by EPA grant regulations (see 40 Code of Federal
Regulations §31.41(c)). Completed SF269s and SF272s must be faxed to 702-798-2423 or mailed to the
following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. The LVFC will make
adjustments, as necessary, to obligated funds after reviewing and accepting a final Financial Status
Report.
C) Closeout
The Administrative Closeout Phase for this grant will be initiated with the submission of a "final" FSR. At
that time, the recipient must submit the following forms/reports to the EPA Grants Management Office if
applicable:
- Federally Owned Property Report
- An Inventory of all Property Acquired with federal funds
- Contractor's or Grantee's Invention Disclosure Report (EPA Form 3340-3)
Additionally, the recipient's Final Request for Payment should be submitted to the LVFC.
5. HOTEL-MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not
required), or to find other information about the Act.
6. LOBBYING AND LITIGATION - ALL RECIPIENTS
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
RESTRICTIONS ON LOBBYING
The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient
shall include the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
7. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
8. EXTENSION OF PROJECT/BUDGET PERIOD EXPIRATION DATE (PART 31)
If a no cost time extension is necessary to extend the period of availability of funds (budget period), the
recipient must submit a written request, including a justification as to why additional time is needed and an
estimated date of completion to the EPA, Grants Management Office prior to the budget/project period
expiration dates. An interim FSR must be submitted along with the request which covers all expenditures
and obligations to date.
9. RECYCLING AND WASTE PREVENTION
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007) and or 40 CFR
30.16, the recipient agrees to use recycled paper and double sided printing for all reports which are
prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports
prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are
available through the General Services Administration.
STATE AGENCIES AND POLITICAL SUBDIVISIONS
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to
any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in-40 CFR 247.
10. REIMBURSEMENT LIMITATION
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as
shown on line 15 in its approved EPA budget. If the recipient incurs costs in anticipation of receiving
additional funds from EPA, it does so at is own risk. The recipient is responsible for ensuring that
projects funded under this agreement avoid unnecessary delays and are completed within the
EPA approved budget.
11. SINGLE AUDITS
In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal
funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the SF-SAC and a Single Audit
Report Package. For fiscal periods 2002 to 2007 recipients are to submit hard copy to the following
address:
Federal Audit Clearinghouse
1201 East 10"' Street
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF-SAC and a Single
Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions is available on the
Federal Audit Clearinghouse Web site: http://harvester.census.aov/fac/
12. SUBAWARD POLICY
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved
project (this responsibility cannot be delegated or transferred to a subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB
Circular A-133 and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed
subaward costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities;
(6) Monitor the performance of their recipients and ensure that they comply with all
applicable regulations, statutes, and terms and conditions which flow down in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved
work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
Any questions about subrecipient eligibility or other issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards may
be found at httR://www.epa.ciov/ogd/guide/-subaward-Rolicy-part-2.gdf. Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d)
of OMB Circular A-133 can be found at http://www.er)a.gov/ogd/guide/subawards-appendix-b.pdf
and hftp://www.whitehouse.gov/omb/circulars/al33/all3.html.
c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting
subaward competitions.
13. SUSPENSION AND DEBARMENT
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or
condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to
disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at www.epls.gov. This term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
14. TRAFFICKING VICTIM PROTECTION ACT OF 2000
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,
the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
15. CERTIFICATIONS
Prior to obligating funds for a particular project, recipient must (a) provide a certification from the Governor
or Chief Environmental Executive, as appropriate, stating that (1) the infrastructure investment has
received the full review and vetting required by law, and (2) the Governor or Chief Environmental
Executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer
dollars; and (b) ensure that the certification is posted on a website and linked to www.recovery.gov. The
certification shall include a description of the investment, the estimated total cost, and the amount of
awarded funds to be used. For the purposes of this term and condition, "obligating funds" means entering
into a contract requiring payment for specified goods or services or entering into a loan, reserving funds
fora loan guarantee or bond issuance, or making a subaward (subgrant) of financial assistance.
16. SECTION 1512 REPORTING AND REGISTRATION REQUIREMENTS
Reporting and Registration Requirements under Section 1512 of the American Recovery and
Reinvestment Act of 2009, Public Law 111-5
(a) This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 ("Recovery Act') and to report on use of Recovery Act
funds provided through this award. Information from these reports will be made available to the public.
(b) The initial report is due by October 10, 2009. Thereafter, the reports are due no later than ten calendar
days after each calendar quarter in which the recipient receives the assistance award funded in whole or
in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor
Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery
Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is
one of the requirements for registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) using the reporting instructions
and data elements that will be provided online at www.FederalReporting.gov and ensure that any
information that is pre-filled is corrected or updated as needed.
17. INSPECTOR GENERAL REVIEWS
In addition to the access to records provisions of 2 CFR 215.53 or 40 CFR 31.42, and in accordance with
the provisions of section 1515 of the American Recovery and Reinvestment Act of 2009 (ARRA), recipient
agrees to allow any appropriate representative of the Office of Inspector General to (1) examine any
records of the recipient, any of its procurement contractors and subcontractors or subgrantees, or any
State or local agency administering such contract, that pertain to, and involve transactions relating to, the
procurement contract, subcontract, grant or subgrant; and (2) interview any officer or employee of the
recipient, subcontractor, grantee, subgrantee, or agency regarding such transactions.
The Grantee is advised that providing false, fictitious or misleading information with respect to the receipt
and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or penalties.
Recipient should be aware that the findings of any review, along with any audits, conducted by an
inspector general of a Federal department or executive Agency and concerning funds awarded under
ARRA shall be posted on the inspector general's website and linked to www.recove ov, except that
information that is protected from disclosure under sections 552 and 552a of title 5, United States Code
may be redacted from the posted version.
18. PROTECTION OF WHISTLEBLOWERS
In accordance with section 1553 of the American Recovery and Reinvestment Act of 2009 (Act), recipient
agrees that employees of non-Federal employer receiving covered funds may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Recovery Accountability and Transparency Board, an
inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement Agency, a person with supervisory authority over the employee, a court or grand jury, the
head of a Federal agency, or their representatives, information that the employee reasonably believes is
evidence of (1) gross mismanagement of an agency contract or grant relating to grant funds; (2) a gross
waste of covered funds; (3) a substantial and specific danger to public health or safety related to
implementation or use of grant funds; (4) an abuse of authority related to implementation or use of
covered funds; or (5) a violation of law, rule, or regulation related to a grant awarded or issued relating to
covered funds.
19. FALSE CLAIM The grantee, and its sub-grantees must promptly refer to EPA's Inspector General
any credible evidence that a principal, employee, agent, sub-grantee contractor, subcontractor, loan
recipient, or other person has submitted a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving funds provided under this grant or sub-grants awarded by the grantee.
20. PREFERENCE FOR QUICK-START ACTIVITIES
Recipient shall use funds in a manner that maximizes job creation and economic benefit. And, recipients
using funds for infrastructure investment must give preference to funding activities that can be started and
completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be
initiated not later than June 17, 2009.
21. LIMIT ON FUNDS
Recipient shall not use funds for particular activities for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
22. BUY AMERICAN
Section 1605 Bu American Re uirement - iron steel and/or manufactured goods not covered
under international agreements
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS-SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition--
"Manufactured good" means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi-State, regional, or interstate entities which
have governmental functions). These buildings and works may include, without limitation, bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations,
heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
(b) Domestic preference .
(1) This award term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act)(Pub. L. 111-5), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (b)(4) of this term and condition.
(2) This requirement does not apply to the material listed by the Federal Government. All "Buy
American Waivers" are published in the Federal Register and published at http://www.epa.gov/recovery/.
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this term and condition if the Federal government determines that-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph (b)(3) of this term and condition shall include adequate information for Federal Government
evaluation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(3) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this term and condition.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to
the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient
could not reasonably foresee the need for such determination and could not have requested the
determination before the funds were obligated. If the recipient does not submit a satisfactory explanation,
the award official need not make a determination.
(2) If the Federal government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act
applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions
taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron,
steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted
funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery
Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the
American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on
unreasonable cost, the Recipient shall include the following information and any applicable supporting
data based on the survey of suppliers:
FOREIGN AND DOMESTIC ITEMS COST COMPARISOP
Description Unit of Measure Quantity Co
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attac
ummary.]
[Include other applicable supporting information.]
[* Include all deliverv costs to the construction site.]
Section 1605 Bu American Re uirement -- iron steel and/or manufactured goods covered under
international agreements
Required Use of American Iron, Steel, and Manufactured Goods (covered under International
Agreements}-Section 1605 of the American Recovery and Reinvestment Act of 2009.
(a) Definitions. As used in this award term and condition-
"Designated country' --
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or
Singapore); or
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
"Designated country iron, steel, and/or manufactured goods" --
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another
country, has been substantially transformed in a designated country into a new and different manufactured
good distinct from the materials from which it was transformed.
"Domestic iron, steel, and/or manufactured good" --
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different manufactured
good distinct from the materials from which it was transformed. There is no requirement with regard to the
origin of components or subcomponents in manufactured goods or products, as long as the manufacture
of the goods occurs in the United States.
"Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
"Manufactured good" means a good brought to the construction site for incorporation into the building or
work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands
of the United States; State and local governments; and multi-State, regional, or interstate entities which
have governmental functions). These buildings and works may include, without limitation, bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations,
heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings
and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b) Iron, steel, and manufactured goods .
(1) This award term and condition implements
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced
in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent
with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act
do not apply to designated country iron, steel, and/or manufactured goods. The Buy American
requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the
project are from a Party to an international agreement that obligates the recipient to treat the goods and
services of that Party the same as domestic goods and services. This obligation shall only apply to
projects with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods
in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3)
and (b)(4) of this term and condition.
(3) The requirement in paragraph (b)(2) of this term and condition does not apply to the iron, steel,
and manufactured goods listed by the Federal Government. All "Buy American Waivers" are published in
the Federal Register and published at http://www.epa.gov/recovery/.
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph
(b)(3) of this award term and condition if the Federal government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy
American Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph(b)(4) of this term and condition shall include adequate information for Federal Government
evaluation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(4) of this term and condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this term and condition.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient
could not reasonably foresee the need for such determination and could not have requested the
determination before the funds were obligated. If the recipient does not submit a satisfactory explanation,
the award official need not make a determination.
(2) If the Federal government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act
applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is nonavailability or public interest, the amended
award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other
appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or
relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic
iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute
bud eted funds, as appropriate, b at least the differential established in 2 CFR 176.110(a).
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Description Unit of Measure Quantity Cost (Dollars)"
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of respi
if oral, attach summary.]
[Include other applicable supporting information.]
Include all delivery costs to the construction site.]
(3) Unless the Federal Government determines that an exception to the section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country
iron, steel, and/or manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of,this term and condition based on
unreasonable cost, the applicant shall include the following information and any applicable supporting data
based on the survey of suppliers:
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach
copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[' Include all delivery costs to the construction site).]
23. Transparency and Accountability - Single Audit Information for Recipients of Recovery Act
Funds
Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Informing Sub-recipients
(a) To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by Congress and in
accordance with 2 CFR 215, subpart _. 21 "Uniform Administrative Requirements for Grants and
Agreements" and OMB A-102 Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits
of States, Local Governments, and Non-Profit Organizations," recipients agree to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal
Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This shall be
accomplished by identifying expenditures for Federal awards made under Recovery Act separately on the
SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of
the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters
in Item 9d of Part III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub-award
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information
furnished to sub-recipients shall distinguish the sub-awards of incremental Recovery Act funds from
regular sub-awards under the existing program.
(d) Recipients agree to require their sub-recipients to include on their SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This
information is needed to allow the recipient to properly monitor sub-recipient expenditure of ARRA funds
as well as oversight by the Federal awarding agencies, Offices of Inspector. General and the Government
Accountability Office.
24. PAYMENT TO CONSULTANTS
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a
Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to
consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.
As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
25. OMB GUIDANCE
This award is subject to all applicable provisions of implementing guidance for the American Recovery and
Reinvestment Act of 2009 issued by the United States Office of Management and Budget, including the
Initial Implementing Guidance for the American Recovery and Reinvestment Act (M-09-10) issued on
February 18, 2009 and available on www.recove!y.gov, and any subsequent guidance documents issued
by OMB.
26. ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF FUNDS
Not later than 45 days after the enactment of ARRA and prior to receiving funds, Recipient must affirm
that either (1) the State Governor has certified that the State will request and use funds provided by the
Act and the funds will be used to create jobs and promote economic growth, or (2) if funds are not
accepted for use by the Governor of the State, the State legislature has accepted the funds by means of
adopting a concurrent resolution. After a State legislature's concurrent resolution, funding within the State
shall be distributed to local governments, councils of government, public entities, and public-private
entities within the State either by formula or at the State's discretion.
27. The Grantee is advised that providing false, fictitious or misleading information with respect to the
receipt and disbursement of EPA grant funds may result in criminal, civil or administrative fines and/or
penalties.
28. UTILIZATION OF SMALL MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises in procurement under assistance agreements,
contained in 40 CFR, Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share
objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial
assistance agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of
all of the recipient's non-TAG assistance agreements from EPA in the current fiscal year is
$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals
negotiated with EPA by the STATE OF FLORIDA as follows:
MBE: CONSTRUCTION 9.0%; SUPPLIES 9.0%; SERVICES 9.0%; EQUIPMENT 9.0%
WBE: CONSTRUCTION 3.0%; SUPPLIES 3.0%; SERVICES 3.0%; EQUIPMENT 3.0%
By signing this financial assistance agreement, the recipient is accepting 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 STATE OF FLORIDA.
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBE/WBE 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 objectives/goals based on an availability analysis, or disparity study,
of qualified MBEs and WBEs in their relevant geographic buying market for construction, services,
supplies and equipment.
The submission of proposed 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 MBENVBE Coordinator 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.
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) Require DBEs are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government
recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are
potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year reporting period the recipient receives the award, and continuing until the
project is completed. Only procurements with certified MBFJWBEs are counted toward a
recipient's MSE/WBE accomplishments. The reports must be submitted semiannually for the
periods ending March 31" and September 30"' for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,
Subpart A and Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30
`h and October 30"'). Reports should be sent to:
EPA Grants Management Office
61 Forsyth Street, SW
Atlanta, GA 30303
Final MBE/WBE reports must be submitted within 90 days after the project period of the
grant ends. Your grant cannot be officially closed without all MBE/WBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the Internet at www.epa.gov/osbl? .
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 CFR, Section 33.501 (b) and (c) for specific
requirements and exemptions.
29. This project receives funding under the American Recovery and Reinvestment Act of 2009 (ARRA)
and the grantee, sub-grantee or loan recipient must display the ARRA Logo in a manner that informs the
public that the project is an ARRA investment. The ARRA logo may be obtained from the EPA grants
office listed in this award document. If the EPA logo is displayed along with the ARRA logo and logos of
other participating entities, the EPA logo must not be displayed in a manner that implies that EPA itself is
conducting the project. Instead, the EPA logo must be accompanied with a statement indicating that the
grantee, sub-grantee or loan recipient received financial assistance from EPA for the project.
30. Recipients and subrecipients of Recovery Act funds or other Federal financial assistance must
comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act of 1975, and a variety of program-specific
statutes with nondiscrimination requirements.
Other civil rights laws may impose additional requirements on recipients and subrecipients. These laws
include, but are not limited to, Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national
origin, religion, and sex discrimination in employment), the Americans with Disabilities Act (prohibiting
disability discrimination in employment and in services provided by State and local governments,
businesses, and non-profit agencies), and the Fair Housing Act (prohibiting race, color, national origin,
age, family status, and disability discrimination in housing), as well as any other applicable civil rights laws.
For questions about these civil rights obligations, please call the EPA's Office of Civil Rights at
202-564-7272 or contact us via e-mail: hftp://www.epa.gov/civilrights/comments.htm.
31. PRE-AWARD COSTS FOR RECOVERY ACT GRANTS TO STATE AND LOCAL GOVERNMENTS
SUBJECT TO 40 CFR PART 31 OTHER THAN CLEAN WATER OR DRINKING WATER STATE
REVOLVING FUND CAPITILIZATION GRANTS
In accordance with 2 CFR Part 225, Appendix B, Item 31, costs the recipient incurred up to 90 days prior
to award that were negotiated with EPA in anticipation of the award, including preparing for expending
funds made available by the American Recovery and Reinvestment Act, and are necessary to comply with
the schedule for delivering work products during the period of performance are allowable provided the
costs:
1. Are eligible under the statutory authority for the award and are otherwise allowable under 2 CFR
Part 225, and;
2. Are for activities described in the EPA approved scope of work and included in the EPA approved
budget, and;
3. Were incurred in compliance with the procurement provisions of 40 CFR Part 31, 40 CFR Part 33,
and if applicable, 40 CFR Part 35, Subpart O, and;
4. Were not incurred for activities directly related to a casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool, and;
5. Further the goals of the American Recovery and Reinvestment Act to create and preserve jobs,
promote economic recovery, and invest in environmental protection, and;
6. Are in compliance with the applicable provisions of the American Recovery and Reinvestment Act.
32. INTERGOVERNMENTAL REVIEW CONDITION
The start of work shall be delayed until the intergovernmental review process is completed. The process
is deemed complete if the reviewing agency has had a 60 day review period or provides comments prior
to the expiration of this period. If comments requiring a response by EPA are provided, then the process
is deemed complete when the comments are resolved. EPA reserves the right to rescind an award and
de-obligate funding based on comments received during the intergovernmental review.
Pro rammatic Conditions
NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible
activities under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment,
and planning relating to brownfield sites as described In the EPA approved work plan.
A. Federal Policy and Guidance
a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has
approved the proposal the Cooperative Agreement Recipient submitted in the Fiscal Year 2009
competition for Brownfields assessment cooperative agreements. However, the CAR may not
expend ("draw down") funds to carry out this agreement until EPA's award official approves the
final work plan.
b. In implementing this agreement, the CAR shall insure that work done with cooperative
agreement funds complies with the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that
assessment activities supported with cooperative agreement funding comply with all applicable
Federal and State laws and regulations.
c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg.
11225 ) of February 17, 2001, entitled "Preservation of Open Competition and Government
Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded
Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg.
18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open
Competition and Government Neutrality Towards Government Contractors' Labor Relations on
Federal and Federally Funded Construction Projects.
d. The recipient must comply with Federal cross-cutting requirements. These requirements
include but are not limited to, MBE/WBE requirements found at 40 CFR Part 33; OSHA Worker
Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic
Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean
Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations
at 41 CFR 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.
e. The CAR must comply with Davis-Bacon Act prevailing wages for all
construction, alteration and repair contracts and subcontracts awarded with EPA grant funds. For
more detailed information on complying with Davis-Bacon Act requirements see the Davis-Bacon
administrative T&C,
f. This award is subject to all applicable provisions of implementing guidance for the American
Recovery and Reinvestment Act (ARRA) of 2009 issued by the United States Office of
Management and Budget (OMB), including the Updated Implementing Guidance for the American
Recovery and Reinvestment Act (M-09-10) issued on April 3, 2009 and available on
www.recoverv.oov, and any subsequent guidance documents issued by OMB.
B. 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 work plan by the EPA. The information that must be provided includes
whether or not the site meets the definition of a brownfield site as defined in §101(39) of CERCLA,
the identity of the owner, and the date of acquisition.
b. If the site is excluded from the general definition of a brownfield, but is eligible for a
property-specific funding determination, then the CAR must provide information sufficient for EPA
to make a property-specific funding determination. The CAR must provide sufficient information
on how financial assistance will protect human health and the environment, and either promote
economic development or enable the creation of, preservation of, or addition to parks, greenways,
undeveloped property, other recreational property, or other property used for nonprofit purposes.
The CAR must not incur costs for assessing sites requiring a property-specific funding
determination by EPA until the EPA Project Officer has advised the CAR that the Agency has
determined that the property is eligible.
2. a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved
work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs
under this cooperative agreement which attests (see the latest version of EPA's Proposal
Guidelines for Brownfields Assessment Grants for discussion of this element):
(1) that a State has determined that the petroleum site is of relatively low risk, as
compared to other petroleum-only sites in the State,
(2) that the State determines there is "no viable responsible party"for the site;
(3) that the State determines that the person assessing or investigating the site is a
person who is not potentially liable for cleaning up the site; and
(4) that the site is not subject to any order issued under section 9003(h) of the Solid
Waste Disposal Act.
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
b. Documentation must include the identity of the State program official contacted, the State
official's telephone number, the date of the contact, and a summary of the discussion
relating to the state's determination that: (1) the site is of relatively low risk, (2) there is no
viable responsible party, and (3) the person assessing or investigating the site is a person
who is not potentially liable for cleaning up the site. Other documentation provided by a
State to the recipient relevant to any of the determinations by the State must also be
provided to the EPA Project Officer.
C. If the State chooses not to make the determinations described in 2.a. above, the CAR
must contact the EPA Project Officer and provide the information necessary for EPA to
make the requisite determinations.
d. EPA must also make all determinations on the eligibility of petroleum contaminated
brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the
CAR must contact the EPA Project Officer and provide the information necessary for EPA
to make the determinations described in 2.a. above.
II. GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
This cooperative agreement is contingent on EPA approval of a Final Work Plan. Unless EPA
has notified the CAR that the cooperative agreement work plan has been approved prior to award,
a Final Work Plan must be approved by EPA within 60 calendar days following the date of award.
Any expenditure incurred by the CAR prior to EPA approval of the Work Plan must be consistent
with the approved Work Plan in order to be reimbursed by EPA.
The term of this agreement is three years from the date of award, unless otherwise extended by
EPA at the CAR's request.
3. If after 1 year from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, EPA may terminate this agreement. The
CAR should note that in order to ensure adequate review time, the review of sufficient progress
could begin as early as June 30, 2010 and the CAR must report on sufficient progress no later
than August 30, 2010. For purposes of the Recovery Act Assessment Grants, the recipient
demonstrates "sufficient progress" when 35% of funds have been drawn down and obligated to
eligible activities; for Recovery Act assessment coalition grants "sufficient progress" is
demonstrated when a solicitation for services has been released, sites are prioritized or an
inventory has been initiated if necessary, community involvement activities have been initiated and
a Memorandum of Agreement is in place within one year.
4. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has
been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver..
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative activities such
as: monitoring; review of project phases; and approval of substantive terms included in
professional services contracts.
b. Substantial EPA involvement also includes brownfields property-specific funding
determinations described in I.B. under Eligible Brownfields Site Determinations above. h
the CAR awards a subgrant for site assessment, the CAR must obtain technical
assistance from EPA on which sites qualify as a brownfield site and determining whether
the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This
prohibition precludes the subgrantee from using EPA funds to assess a site for which the
subgrantee is potentially liable under §107 of CERCLA.
C. Substantial EPA involvement may include reviewing financial and environmental status
reports; and monitoring all reporting, record-keeping, and other program requirements.
d. EPA may waive any of the provisions in term and condition with the exception of
property-specific funding determinations. EPA will provide waivers in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this cooperative
agreement, will not have any effect upon CERCLA §128 Eligible Response Site
determinations or for rights, authorities, and actions under CERCLA or any Federal
statute.
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.
The CAR and its subgrantees remain responsible for incurring costs that are allowable
under the applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brownfields assessment activities at a particular site, if they do not have
such a professional on staff.
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant
recipients and contractors are consistent with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement
under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy
encourages awarding subgrants competitively and the CAR must consider awarding subgrants
through competition.
4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received
under this grant, or in combination with any other previously awarded Brownfields Assessment
grant does not exceed the $200,000 assessment grant funding limitation for an individual
Brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior
to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000
on a site receiving a waiver.
(Note: Cooperative Agreement Recipients expending funding from a community-wide assessment
grant on a particular site must include such funding amount in any total funding expended on the
site.)
D. Recovery Act Quarterly Progress Reports
1. The CAR must report in three different areas on Recovery Act funds.
a. First, the CAR (and any sub-recipients such as contractors) must report in
www.Federal Reportinq Gov within ten calendar days after the end of each calendar
quarter (Recovery Act Section 1512 reporting requirements). The first report is due on
October 10, 2009. Federal Reporting. Gov is a Government-wide system, managed by
OMB, which will collect information on the use of Recovery Act funds from all Recovery
Act fund recipients and their sub-recipients. For more information on the requirements for
Federal Reporting.gov please see Brownfields Administrative Term & Condition #25.
b. Second, the CAR must report on interim progress and any final accomplishments by
completing and submitting relevant portions of the Property Profile Form (e.g., the
initiation of assessment activities, the completion of assessment activities, and
contaminants). The CAR must submit the updated Property Profile Form reflecting such
events as soon as the accomplishment has occurred, or within 30 days after the end of
the Federal fiscal quarter in which the event occurred. The CAR will be provided access
to an on line reporting system, the Assessment, Cleanup and Redevelopment Exchange
System (ACRES), by the EPA Project Officer to perform their reporting requirements.
Alternately, the CAR may complete a hard copy version of the Property Profile Form
available from their EPA Project Officer or on line at:
hftp://www.ega.gov/brownfields/pubs/rptforms.htm.
c. Third, the CAR must submit progress reports on a quarterly basis to the EPA Project
Officer. Quarterly progress reports must include:
i. Documentation of progress at meeting performance outcomes/outputs, project
narrative, project time line and an explanation for any slippage in meeting
established output/outcomes (see D.1.d. below for specifics).
ii. An update on project milestones.
iii. A budget recap summary page with the following headings: (A) Current
Approved Recovery Act Budget; (B) Recovery Act Costs Incurred this Quarter;
(C) Recovery Act Costs Incurred to Date; and (D) Total Remaining Recovery Act
Funds.
iv. If applicable, quarterly reports must specify costs incurred at petroleum
contaminated brownfields sites.
d. Recipient quarterly reports must clearly identify which activities performed during the
reporting period were undertaken with EPA funds, and must relate EPA-funded activities
to the objectives and milestones agreed upon in the work plan including a list of sites
where assessment activities were completed.
2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended
on specific sites under this grant.
3. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended
by the CAR at petroleum sites identified in the EPA approved work plan.
4. In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as problems,
delays or adverse conditions become known which will materially impair the ability to meet the
outputs/outcomes specified in the assistance agreement work plan.
5. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S.
Department of Labor (DOL) regulations for all construction, alteration and repair contracts and
subcontracts awarded with funds provided under this agreement. Activities conducted under
assessment grants generally do not involve construction, alteration and repair within the meaning of
the Davis-Bacon Act. The recipient must contact EPA's Project Officer if there are unique
circumstances (i.e. removal of an underground storage tank or another structure and restoration of
the site) which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry out
with funds provided under this agreement. The Agency will provide guidance on Davis-Bacon Act
compliance if necessary.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
To the extent allowable under the work plan, cooperative agreement funds may be used for
eligible programmatic expenses to inventory, characterize, assess, and conduct planning and
outreach. Eligible programmatic expenses include activities described in Section IV of these
Terms and Conditions. In addition, such eligible programmatic expenses may include:
a. Determining whether assessment activities at a particular site are authorized by CERCLA
104(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws, as required by CERCLA 104(k);
Using a portion of the grant to purchase environmental insurance for the characterization
or assessment of the site. Funds may not be used to purchase insurance intended to
provide coverage for any of the Ineligible Uses under Section B.
d. Any other eligible programmatic costs including direct costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing subgrants to
the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the
assessment activities.
2. Local Governments only. No more than 10% of the funds awarded by this agreement maybe
used by the CAR itself for monitoring of health and institutional controls. The CAR must maintain
records on funds that will be used to carry out these tasks as identified in the EPA-approved work
plan.
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. To fund particular activities for any casino or other gambling establishment, aquarium, zoo, golf
course, or swimming pool;
b. Cleanup activities;
c. Development activities that are not brownfields assessment activities (e.g., construction of a
new facility);
d. Job training unrelated to performing a specific assessment at a site covered by the grant;
e. To pay for a penalty or fine;
f. To pay a federal cost share requirement (for example, a cost-share required by another
Federal grant) unless there is specific statutory authority;
g. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant
is potentially liable under CERCLA §107;
h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the assessment; and
i. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.
2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars.
a. Ineligible administrative costs include costs incurred in the form of salaries, benefits,
contractual costs, supplies, and data processing charges, incurred to comply with most
provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR
Part 31. Direct costs for grant administration, with the exception of costs specifically
identified as eligible programmatic costs, are ineligible even if the grant recipient is
required to carry out the activity under the grant agreement.
Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for Brownfields grants;
(2) Record retention required under 40 CFR 31.42;
(3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 31.32 and 31.33;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and
other activities required under 40 CFR 31.30;
(5) Maintaining and operating financial management systems required under 40 CFR 31;
(6) Preparing payment requests and handling payments under 40 CFR 31.21;
(7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and
(8) Close out under 40 CFR 31.50.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b. Facilities subject to unilateral administrative orders, court orders, administrative orders on
consent or judicial consent decree issued to or entered by parties under CERCLA;
C. Facilities that are subject to the jurisdiction, custody or control of the United States
government except for land held in trust by the United States government for an Indian
tribe; or
d. A site excluded from the definition of a brownfields site for which EPA has not made a
property-specific funding determination.
4. The CAR must not include management fees or similar charges in excess of the direct costs or at
the rate provided for by the terms of the agreement negotiated with EPA. The term "management
fees or similar charges" refers to expenses added to the direct costs in order to accumulate and
reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that
are not allowable under EPA assistance agreements. Management Tess or similar charges may
not be used to improve or expand the project funded under this agreement, except to the extent
authorized as a direct cost of carrying out the scope of work.
C. Interest -Bearing Accounts and Program Income
In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of
this agreement. Program income for the assessment CAR shall be defined as the gross income
received by the recipient, directly generated by the cooperative agreement award or earned during
the period of the award. Program income includes, but is not limited to, fees charged for
conducting assessment, site characterizations, clean up planning or other activities when the
costs for the activity is charged to this agreement.
2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest
bearing account.
a. Interest earned on advances are subject to the provisions of 40 CFR §31.21(i) to remitting
interest on advances to EPA on a quarterly basis.
b. Interest earned on program income is considered additional program income.
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
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 (OA) Requirements
1. When environmental samples are collected as part of the brownfields assessment, the CAR shall
comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance
practices sufficient to produce data adequate to meet project objectives and to minimize data loss.
State law may impose additional QA requirements.
C. Completion of Assessment Activities
The CAR shall properly document the completion of all activities described in the EPA approved
work plan. This must be done through a final report or letter from a qualified environmental
professional, or other documentation provided by a State or Tribe that shows assessments are
complete.
D. All Appropriate Inquiry
As required by CERCLA §104(k)(2)(B)(ii) and CERCLA §101(35)(6), the CAR shall ensure that a
"Phase I" site characterization and assessment carried out under this agreement will be
performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize
the practices in ASTM standard E1527-05 "Standard Practices for Environmental Site
Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries
Final Rule. This does not preclude the use of grant funds for additional site characterization and
assessment activities that may be necessary to characterize the environmental impacts at the site
or to comply with applicable State standards.
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of
lack of impartiality. Such situations include, but are not limited to, situations in which an
employee, official, consultant, contractor, or other individual associated with the CAR (affected
party) approves or administers a grant or subgrant to a subgrant recipient in which the affected
party has a financial or other interest. Such a conflict of interest or appearance of lack of
impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value
from subgrant recipients. Recipients may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by
State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or
other disciplinary actions for violations of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
The CAR may request payment from EPA pursuant to 40 CFR §31.21(c).
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 31.50 following expiration of the term of
the agreement or expenditure of the funds awarded and completion of the activities described by
the EPA-approved work plan.