Cities Index.
24-1094 Cooperative Agreement with Environmental Protection Agency

Fresno City Council
October 10, 2024

Document
24-1094 Cooperative Agreement with Environmental Protection Agency
Meeting
October 10, 2024
Body
Fresno City Council
Original file
219 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

4B - 98T50501 - 0 Page 1
RECIPIENT TYPE: Send Payment Request to:

Municipal Contact EPA RTPFC at: [email protected]
RECIPIENT: PAYEE:
98T50501GRANT NUMBER (FAIN):
4B
PAYMENT METHOD:

ASAP

DATE OF AWARD

MAILING DATE
ACH#
11/10/2022
90512
U.S. ENVIRONMENTAL

PROTECTION AGENCY
Cooperative Agreement

MODIFICATION NUMBER:

PROGRAM CODE: 11/07/2022

TYPE OF ACTION
New
0 EIN:

City of Fresno
2600 Fresno Street, Room 3065
Fresno, CA 93721
94-6000338
2600 Fresno Street, Room 3065
City of Fresno
Fresno, CA 93721

PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Drew Wilson
2600 Fresno Street, Room 3065
Fresno, CA 93721
Email: [email protected]
Phone: 559-621-8087
Nova Blazej
75 Hawthorne Street, LND-2-1
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3846
Lamont Nowlin
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3205
See Attachment 1 for project description.

BIL - Brownfield Revolving Loan Fund Cooperative Agreement

PROJECT TITLE AND DESCRIPTION
$1,000,000.00

TOTAL PROJECT PERIOD COSTBUDGET PERIOD
01/01/2023 - 12/31/2027 $1,000,000.0001/01/2023 - 12/31/2027

TOTAL BUDGET PERIOD COSTPROJECT PERIOD

NOTICE OF AWARD
Based on your Application dated 09/14/2022 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $1,000,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $1,000,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.

U.S. EPA, Region 9 , U.S. EPA, Region 9 Grants Branch, MSD-6 San Francisco, CA 94105
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)

ORGANIZATION / ADDRESS
75 Hawthorne Street

AWARD APPROVAL OFFICE

ORGANIZATION / ADDRESS
11/07/2022
DATECarolyn Truong - Grants Management Officer
U.S. EPA, Region 9, Land, Chemicals and Redevelopment
R9 - Region 9
Digital signature applied by EPA Award Official
4B - 98T50501 - 0 Page 2
EPA Funding Information

FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
$0 $1,000,000EPA Amount This Action $1,000,000
$0 $0EPA In-Kind Amount $0
$0 $0Unexpended Prior Year Balance $0
$0 $0Other Federal Funds $0
$0 $0Recipient Contribution $0
$0 $0State Contribution $0
$0 $0Local Contribution $0
$0 $0Other Contribution $0
$0 $1,000,000Allowable Project Cost $1,000,000
CERCLA: Secs. 104(k)(3) & 104(k)(5)(E) & 104(k)
(10)(B)(iii) & Infrastructure Investment and Jobs
Act (IIJA) (PL 117-58)

66.818 - Brownfields Multipurpose, Assessment,
Revolving Loan Fund, and Cleanup Cooperative
Agreements
Statutory Authority Regulatory AuthorityAssistance Program (CFDA) 2 CFR 200, 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.

Code
Budget
Oganization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
- $1,000,000-4114000D79X890900AG7E4SD222309QE0002-
$1,000,000
4B - 98T50501 - 0 Page 3
Total Approved Allowable
Budget Period Cost
Budget Summary Page
$60,000
$1,000,000
$1,000,000
$1,000,000
$0
$0
$0
$0
$884,000
Table A - Object Class Category
(Non-Construction)
$500,000
$50,000
$6,000
$1,000,000
$1,000,000
$0

1. Personnel

2. Fringe Benefits

3. Travel

4. Equipment

5. Supplies

6. Contractual

7. Construction

11. Total (Share: Recipient ______ % Federal ______ %)

8. Other

9. Total Direct Charges

12. Total Approved Assistance Amount

13. Program Income

14. Total EPA Amount Awarded This Action

15. Total EPA Amount Awarded To Date

10. Indirect Costs: 0.00 % Base
100.000.00
4B - 98T50501 - 0 Page 4
Attachment 1 - Project Description
This assistance agreement provides full federal funding in the amount of $1,000,000.

Brownfields are real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. This agreement will provide funding under the Infrastructure Investment and Jobs Act for the City of Fresno, California to re-capitalize a revolving loan fund as authorized by CERCLA 104(k)(5)(A)(ii) in the City of Fresno, California. This agreement will provide funding for the recipient to re-capitalize a revolving loan fund from which to make loans and subgrants to clean up brownfield site(s) and conduct other necessary activities to prudently manage the RLF. Additionally, the recipient will competitively procure (as needed) and direct a Qualified Environmental Professional to oversee the environmental site activities and will create a community involvement plan and administrative record for each site that is remediated. The recipient will report on program income, interim progress, and final accomplishments by completing and submitting relevant portions of the Property Profile Form and Brownfields RLF Form using EPA’s Assessment, Cleanup and Redevelopment Exchange System (ACRES). The recipient will issue approximately 1-4+ loans and 1-2 subgrants to remediate 2-6+ brownfield site(s); anticipates holding 10 community meetings, finalizing multiple Analyses of Brownfield Cleanup Alternatives, and submitting 20 quarterly reports. Work conducted under this agreement will benefit the residents, business owners, and stakeholders in and near the City of Fresno, California. The primary goal of the supplemental RFL is to continue to leverage resources for several City Departments and private developers throughout the City of Fresno. The loans will be available citywide and used as a funding tool for multiple City Departments. The City’s Planning and Development Department will work closely with the Code Enforcement Department to administer loans on contaminated sites and with the Economic Development Department as a resource for potential development projects. The strategy will be to use the City’s existing EPA Brownfields Communitywide Assessment grant to eliminate uncertainties (over regulated building materials abatement costs, market demand, etc.) that are impeding developers from securing funding to move forward with redevelopment or reuse of high-opportunity sites, and then to have RLF funding available to help fund the sometimes difficult to finance initial abatement and cleanup work.
4B - 98T50501 - 0 Page 5
Administrative Conditions
General Terms and Conditions

The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2022-or-later.

These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.

The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms- and-conditions#general.

A.  Federal Financial Reporting (FFR)

For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC.  The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. Find additional information at https://www.epa.gov/financial/grants. (NOTE:

The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.)

B.  Procurement

The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319.  In accordance with 2 CFR Part 200.324, the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.

C.  MBE/WBE Reporting, 40 CFR, Part 33, Subpart E (EPA Form 5700-52A)

The recipient agrees to submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) annually for the duration of the project period. The current EPA Form 5700-52A with instructions can be found at https://www.epa.gov/grants/epa-form-5700-52a-united-states-environmental-protection-agency-minority-business

This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section 33.502.

Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) currently set at $250,000 (the dollar threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. All procurement actions are reportable when reporting is required, not just the portion which exceeds the SAT.

Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned 4B - 98T50501 - 0 Page 6
procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form.

When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For the final report, recipients are instructed to check the box indicated for the “last report” of the project in section 1B of the form.  For section 2B, the Region 9 EPA DBA Coordinator is Alexandrea Perez, email: [email protected], phone:
415-972-3826.

The annual reports are due by October 30th of each calendar year and the final report is due within 120 days after the end of the project period, whichever comes first.  The recipient will submit the MBE/WBE report(s) and/or questions to [email protected] and the EPA Grants Specialist identified on page 1 of the award document.

D.  Indirect Costs

The Cost Principles under 2 CFR Part 200, Subpart E apply to this award.  Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.

Programmatic Conditions
See attachment labeled "4B-98T50501-0 City of Fresno Programmatic Terms & Conditions" for Programmatic Terms and Conditions.

***END OF ASSISTANCE AGREEMENT***

← All documents from this meeting