USEPA Grants Management

1. USEPA Grants Management presented by: Noemi Emeric-Ford & Glenn Kistner

2. Cooperative Agreement • The Brownfield Assessment, Cleanup, RLF & Job Training projects are awarded as Cooperative Agreementsbecause they require substantial federal involvement • Substantial Involvement includes: monitoring, review of grant schedules, approval of substantive terms in contracts issued, review of financial & quarterly reports and review/approval of costs to ensure they are allowable

3. Cooperative Agreements • Read the Cooperative Agreement and Amendments & always keep copies in the file and become familiar with: • Project Description • Budget & Project Periods • Funding Amounts • Grant Number (i.e. BF 96987923) • EPA Contacts - both the Grants Specialist & Project Officer

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5. Terms and Conditions Attached to the Cooperative Agreement are two types of Terms & Conditions 1)Administrative (general federal requirements) 2) Programmatic Administrative Conditions are managed by the Grants Specialist

6. Workplan & Budget • Workplan serves as a guide and schedule for implementing the work • EPA provides workplan templates for each grant type • Budget should be included in workplan and cannot exceed grant award • Hazardous Substances & Petroleum funds must be kept separate • Indirect / administrative costs are not allowed

7. Workplan & Budget • Substantial modifications to the workplan, budget & schedule require a formal amendment – Consult your EPA Project Officer • Site-Specific Assessment and Cleanup Cooperative Agreements DO NOTallow sites to be substituted

8. Budget - Travel • Travel Costs can include… travel to: • conduct assessment & cleanup activities • host community involvement activities • market program and meet interested parties • Participate in EPA-sponsored conferences and training(s) such as • National Brownfields Conference & Western Brownfield Workshops

9. Budget - Supplies • Supplies are items needed to perform programmatic requirements which include: • Marketing materials • Public notices & meeting materials • Postage • Copying • Office supplies • Supplies are $5,000 or less anything over is considered equipment

10. Cost Share • Cleanup and RLF grants only • Cost share is 20% of grant funds • Cost share must be met with eligible and allowable costs • Must be supported by adequate documentation • cash, labor, materials, supplies, services • non-federal grants (CDBG) • remediation costs beyond $200k cleanup grant and/or RLF loan or subgrant amount

11. Cost Share Additional Examples: • Cleanup waste disposal fees • Cleanup waste transportation • Site security (fencing, signage) • Dust control • Clearing, demolition (essential for cleanup) • Analytical work (confirmation sampling) • Outreach (notices, meeting space)

12. Budget Not all budget changes require EPA approval (10% or less within existing budget categories is allowed)

13. Procurement ALL contracts with private parties must be competed! However, agreements with States, local intergovernmental agencies and nonprofits do not have to be competed. These agreements are considered sub-awards (40CFR Part 31.36)

14. Procurement • What is RFP? RFQ? • Contractual tools needed to execute grant and hire contractors and/or consultants to perform workplan activities • Why is an RFP / RFQ needed? • find the best company for the job • define scope of services • compare prices • facilitate contracting • required under EPA grants

15. Procurement • Detailed description of the site, including maps and diagrams • Background & site history information • Directions for access to relevant records (i.e. previous environmental work) • Directions for site access (if no pre-bid meeting) • Note: more information, the better the responses; help avoid change orders later

16. Procurement • Detail the reporting requirements • Provide grantee project manager's contact (i.e. change orders, reviews, who will decide, etc.) • Describe timeline & time constraints • Pre-Bid Meeting • Can be very helpful opportunity for contractors/consultants to view the site • Distribute supplemental docs during meeting, instead of mailing them • Answer questions

17. Procurement • Include a list of deliverables desired: • Quality Assurance Project Plan, Sampling & Analysis Plan and Health & Safety Plan • Community Involvement Plan • Quarterly Reports & reporting in ACRES • Remediation planning & estimates • Remedial Action Plan • Reuse / redevelopment plans • Final Report

18. Procurement • Request identification of subcontractors • MBE/WBE goals/objectives • Davis Bacon Prevailing Wages • Company info along with services provided • Certifications • List of key related projects over the past 3 years, in reverse chronology • References for key related projects • Organizational/Management chart for project • Resumes of key personnel

19. Quality Assurance • Approved Sampling & Analysis Plan (SAP) required before sampling activities can began • SAP templates should be shared with contractors before submitting to EPA for approval (template incorporates the Quality Assurance Project Plan) • EPA approval timeframe is 4-6 weeks; this can be shorter if a pre-scoping meeting is held before SAP submittal

20. Community Involvement Plan • EPA grants require keeping community informed of grant progress • For cleanup conducted under Cleanup & RLF Grants a grantee must: • develop site-specific outreach plan • provide reasonable notice for participation • allow review of remediation plan • host public meeting with 30-day comment period • Create Administrative record and make available to public (library, town hall, etc.)

21. Programmatic Condition: Site Eligibility • Is it a Brownfields Site? • Real Property ? • Do you believe the site is contaminated? • What are the contaminants? • Hazardous OR Petroleum

22. Programmatic Condition: Site Eligibility Applicant must not be responsible for contamination. Need to answer following questions: Who owns it? Applicant Private party How was it acquired? Did purchase include due diligence / all appropriate inquiry? Tax foreclosure, abandonment, or other government proceeding

23. Programmatic Condition: Site Eligibility Who Contaminated it? If Applicant, in most cases the site is not eligible Is there another Party? What happened on the property after acquisition? Property Vacant / fenced Leased to operator

24. Programmatic Condition: Site Eligibility - AAI Updates • AAI Phase I must be performed within one year prior to acquisition • Updates to AAI are required within 180 days prior to acquiring ownership • interviews of current & past owners • the review of government records • on-site visual inspection • searches for environmental cleanup liens

25. Programmatic Condition: Petroleum Site Eligibility Must be low risk Is the site relatively low risk? (ask the State) Current and previous owner must not be responsible for contamination Who are the current and previous owners? Did the current or previous owner cause contamination? If current or previous owner is responsible... Are they financially viable? Site cannot be subject to RCRA Corrective Action

26. Quarterly Reports • Quarterly Reports are required to document progress toward achieving project goals & milestones • Reports are due 30 days after quarter • Reporting periods are: • October 1 – December 31 • January 1 – March 31 • April 1 – June 30 • July 1 – September 30 • Final Report is due at grant closeout that summarizes grant achievements

27. Reporting: ACRES • Property name, address, and acreage • Amounts for assessment, cleanup & loans • Site start and completion dates • Redevelopment info for properties • Types of contaminants removed/addressed • Institutional controls • Dollars leveraged • Jobs created www.epa.gov/brownfields/pubs/acres/acresinfo.htm

28. Administrative Condition Grant forms are located at: www.epa.gov/region09/funding/managing.html

29. Administrative Condition EPA Payment Form190-F-04-001 to Las Vegas Finance Center (most important grant form!) Contact: Anna Woods woods.anna@epa.govor (702) 798-2496

30. Administrative Condition • Federal Cash Transaction Report (Form 272) • Must be completed once a yearfor the entire calendar year 1/1 – 12/31 • DO NOT round the numbers in the form, use exact amounts • Purpose is to reconcile funds drawn down & to determine if excess federal funds exist in grantee account

31. 2. Name and Address of Organization 4. Grant Number (if multiple - type “See Attached”) 5. For your use • Enter “0” • EPA does not • issue checks 3. Tax ID # 31

32. Administrative Condition • Interim Financial Status Report (FSR) (SF-269A) is due annually and • Final FSR (SF-269A) is due within 90 days after the end of the project period • Both forms 272 & 269 must be submitted to: Las Vegas Finance Center Attn: Anna Woods P.O. Box 98515 Las Vegas, NV 89193 Fax: 702-798-2423

33. Grant Number U.S. EPA, Region 9 Your Organization Name and Address Method of Accounting used Tax ID # For Your Use Yes for Final No for Interim

34. Administrative Condition Minority Business Enterprise /Women-Owned Business Form 5700-52A • Assures that minority business enterprises (MBE) and woman business enterprises (WBE) are given the opportunity to participate in contract and procurement for supplies, equipment and services under any EPA cooperative agreement. • Must be submitted annually • RLF grantees must submit reports on a semi-annual basis

35. Administrative Condition • Federal grant regulations require periodic program audits by an outside auditor • Must ensure audits comply with GAO accounting standards • Costs for conducting audits are ineligible costs under your cooperative agreement

36. General Federal Requirements • Davis Bacon Act of 1931 – prevailing wages must be paid for any construction, repair, or alteration work if greater than $2,000 TIP: include Davis-Bacon requirements in your RFP / RFQ and all contracts

37. General Federal Requirements • Davis Bacon wage rates at: www.access.gpo.gov/davisbacon • Click on most recent dates for accuracy • Full wage decisions are recommended, but a Project Wage Rate Sheet (HUD form 4720) can be prepared for your use & for employee handouts • All Davis Bacon forms are available throughHUD website: search for HUDCLIPS

38. General Federal Requirements • If necessary, conduct preconstruction meeting to go over Davis Bacon regulations with your contractors • Provide the Dept of Labor wages poster (WH-1321) for the worksite • HUD also publishes a Contractors Guide to Davis Bacon • EPA has 2-page fact sheet located at: www.epa.gov/brownfields

39. Davis Bacon Form Located on HUD's website under Community Development Programs www.hud.gov

40. General Federal Requirements • Endangered Species Act (ESA) requires prior consultation with USFWS or NOAA Fisheries for any listed species • ESA prohibits killing, harming, and harassing of any listed species as well as the protection of any critical habitat

41. General Federal Requirements • National Historic Preservation Act (NHPA) “may” require consultation with the State Historic Preservation Officer to assess the presence and value of historical & archeological resources in some project areas

42. General Federal Requirements • National Historic Preservation Act (NHPA) Section 106 Review is a process that applies to EVERY Brownfields project • Act of signing the cooperative agreement is a “federal undertaking” • The public involvement required for NHPA Section 106 is not different from the public involvement required for all brownfields projects • Should host 30-day comment period, if necessary

43. Grant Closeout • Draw down of grant funds is received • All activities funded by the grant are complete • ACRES & quarterly reports are completed • Final Financial Status Report SF-269 • Final Lobby and Litigation Certificate EPA Form 5700-53 • Final MBE/WBE Report EPA Form 5700-5 • Final Progress Report submitted

44. Dave Hodges Glenn Kistner Dierdre Nurre Diane Strassmaier Noemi Emeric-Ford Questions? Contact your… EPA Project Officers Laurie Amaro Pankaj Arora Carolyn Douglas Wally Woo Heidi Hall

45. Additional ARRA Training WHAT: Region 9 Brownfields ARRA Grantee Workshop WHEN: Tuesday, August 25, 2009 from 1:00 – 3:00 p.m. WHERE: Clu-in Webcast and Conference Call 866-299-3188 code 919-541-3993 HOW: Register in advance at: http://www.clu-in.org/conf/tio/r9bfarra/

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