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R2024-338 Resolution Authorizing Acceptance and Execution of a Brownfield Environmental Site Assessment Grant Agreement with the U.S. Environmetal Protection Agency for City-Wide Assessment Grant
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R2024-338 Resolution Authorizing Acceptance and Execution of a Brownfield Environmental Site Assessment Grant Agreement with the U.S. Environmetal Protection Agency for City-Wide Assessment Grant
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11/5/2024 12:40:31 PM
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11/5/2024 12:40:27 PM
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Resolution/Ordinance
Res Ord Num
R2024-338
Res Ord Title
R2024-338 Resolution Authorizing Acceptance and Execution of a Brownfield Environmental Site Assessment Grant Agreement with the U.S. Environmetal Protection Agency for City-Wide Assessment Grant
Department
Econ and Com Dev
Approved Date
10/21/2024
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BF-OOE03887-0 Page 9 <br /> described in Section II.A.2.) and when the CAR awards a subaward for site assessment. The CAR must <br /> obtain technical assistance from the EPA Project Officer, or his/her designee, on which sites qualify as a <br /> brownfield site and determine whether the statutory prohibitions found in CERCLA§ 104(k)(5)(B)(i)-(iv) <br /> apply. (Note, the prohibition does not allow a subrecipient to use EPA cooperative agreement funds to <br /> assess a site for which the subrecipient is potentially liable under CERCLA § 107.) <br /> e. Reviewing and approving Quality Assurance Project Plans and related documents or verifying that <br /> appropriate Quality Assurance requirements have been met where quality assurance activities are being <br /> conducted pursuant to an EPA-approved Quality Assurance Management Plan. <br /> Substantial involvement may also include, depending on the direction of the EPA Project Officer: <br /> f. Collaboration during the performance of the scope of work including participation in project activities, to <br /> the extent permissible under EPA policies. Examples of collaboration include: <br /> i. Consultation between EPA staff and the CAR on effective methods of carrying out the scope of <br /> work provided the CAR makes the final decision on how to perform authorized activities. <br /> ii. Advice from EPA staff on how to access publicly available information on EPA or other federal <br /> agency websites. <br /> iii. With the consent of the CAR, EPA staff may provide technical advice to the CAR's contractors <br /> or subrecipients provided the CAR approves any expenditures of funds necessary to follow <br /> advice from EPA staff. (The CAR remains accountable for performing contract and subaward <br /> management as specified in 2 CFR § 200.318 and 2 CFR § 200.332 as well as the terms of the <br /> EPA cooperative agreement.) <br /> iv. EPA staff participation in meetings, webinars, and similar events upon the request of the CAR <br /> or in connection with a co-sponsorship agreement. <br /> g. Reviewing and approving that the Analysis of Brownfield Cleanup Alternatives (ABCA), or equivalent <br /> state Brownfields program document, meets the Brownfields Program's requirements for an ABCA. <br /> h. Reviewing proposed procurements in accordance with 2 CFR § 200.325, as well as the substantive <br /> terms of proposed contracts or subawards as appropriate. This may include reviewing requests for <br /> proposals, invitations for bid, scopes of work and/or plans and specifications for contracts over$250,000 <br /> prior to advertising for bids. <br /> i. Reviewing the qualifications of key personnel. (EPA does not have the authority to select employees or <br /> contractors, including consultants, employed by the CAR or subrecipients receiving pass-through <br /> awards.) <br /> j. Reviewing information in performance reports to ensure all costs incurred by the CAR and/or its <br /> contractor(s) if needed to ensure appropriate expenditure of grant funds. <br /> EPA may waive any of the provisions in Section 111.13.1., except for property-specific funding <br /> determinations. The EPA Project Officer will provide waivers to provisions a. — e. in Section 111.6.1 in <br /> writing. <br />
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