HomeMy WebLinkAboutExhibit 2ARRA Brownfields Job Training Cooperative Agreement
Terms and Conditions
Please note that these terms and conditions apply only to Recovery Act Brownfields Job Training Grants awarded
under CERCLA 104(k)(6)
A. Term of the Agreement
1. The term of this agreement is three years from the date of award, unless otherwise
extended by EPA at the cooperative agreement recipient's (CAR) request. (Required
national term and condition. Regions may use alternatives that achieve the same
result).
2. If after 1 year from the date of award, but not later than July 15, 2010, EPA determines
that the CAR has not made sufficient progress in implementing its cooperative
agreement, EPA may terminate this agreement under applicable Agency regulations.
3. For the purposes of ARRA Job Training cooperative agreements the term "sufficient
progress" means the applicant has: established a program and begun marketing the
program; hired all key personnel; and has completed the fust round of training_
4. ARRA Brownfields Job training grants must not exceed $500,000 over a three year
period. (Required national term and condition. Regions may use alternatives that
achieve the same result).
5. Unless approved with the award of this cooperative agreement, the recipient must
receive written EPA approval of a Final Workplan within 60 calendar days following the
date of the award. Recipient must receive written EPA approval of the Workplan prior to
expenditure of federal funds under this cooperative- agreement. Unless the Agency Award
official, or designee grants a waiver, no financial reimbursement may be made without an
EPA approved Final Workplan. If the recipient fails to obtain EPA approval of the Final
Workplan within 60 days of award, EPA may terminate this agreement under applicable
Agency regulations.
6. The CAR must use funds in a manner that maximizes program recruitment, training,
and placement.
7. 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.recoverygov, and any subsequent guidance documents issued by OMB.
B. Substantial Involvement
1. Cooperative agreements permit substantial involvement between the EPA Project
Officer and the selected applicant in the performance of the work supported. Unless
waived by the EPA Project Officer, substantial Agency involvement for this project may
include:
A. Close monitoring of the successful applicant's performance to verify the
results proposed by the applicant;
B. Approval and review of project phases;
C. Collaboration during performance of the scope of work;
D. Approving substantive terms of proposed professional services and
equipment purchase contracts;
E. Approving qualifications of key personnel (EPA will not select employees
or contractors employed by the award recipient);
F. Review and comment on reports prepared under the cooperative agreement
(the final decision on the content of reports rests with the recipient); and
G. Review of financial reports (costs incurred), record-keeping procedures,
and other program requirements.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
2. 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, the CAR 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 sub -grantees, or any State or local agency
administering such contract, that pertain to, and involve transactions relating to, the
procurement contract, subcontract, grant or sub -grant; and (2) interview any officer or
employee of the recipient, subcontractor, grantee, sub -grantee, or agency regarding such
transactions.
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 the American Recovery and Reinvestment Act of 2009
shall be posted on the inspector general's website and linked to www.recovery.gov,
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.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR remains responsible for ensuring that all training is protective of human
health and the environment and complies with all applicable State and Federal laws.
(Required national term and condition. Regions may use alternatives that achieve
the same result).
2. The CAR must comply with proper procurement standards in acquiring a contractor, if
applicable. 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.
A. Funding may be used to provide subawards of financial assistance to non-
profit organizations, governmental entities, or public educational
institutions or hire commercial contractors provided the recipient follows
subaward or subgrant procedures of competitive procurement standards
contained in 40 CFR Parts 30 or 31, as applicable. Successful applicants
must compete contracts for services and products and conduct cost and
price analyses to the extent required by these regulations. The regulations
also contain limitations on consultant compensation. The fact that a
successful applicant named a specific contractor or consultant in the
proposal EPA approved, does not relieve it of its obligations to comply
with competitive procurement requirements.
B. Subgrants or subawards may be used to fund partnerships with nonprofit
organizations governmental entities and public educational institutions.
For-profit organizations are not eligible subgrant recipients. Successful
applicants cannot use subgrants or subawards to avoid requirements in
EPA grant regulations for competitive procurement by using these
instruments to acquire commercial services or products to carry out its
cooperative agreement. The nature of the transaction between the
recipient and the subgrantee must be consistent with the standards for
distinguishing between vendor transactions and subrecipient assistance
under Subpart B Section 210 of OMB Circular A-133, and the definitions
of "subaward" at 40 CFR 30.2(ff) or "subgrant" at 40 CFR 31.3, as
applicable. EPA will not be a party to these transactions.
(Optional Term and Condition since this is already covered by EPA grant regulations and
OMB Circular A-133).
C. The recipient must make clear in any solicitation for private or public
funding that the recipient's organization, and not EPA, is seeking funding.
The recipient may not imply that EPA endorses any fund-raising activities
in connection with its project. Further, the recipient must make clear to
donors that any gift to the recipient for use in connection with brownfields
training, research, and/or technical assistance will go solely toward
defraying its own expenses, and not those of EPA.
D. The CAR, and any sub -grantees must promptly refer to EPA's Inspector
General any credible evidence that a principal, employee, agent, sub-
grantee contractor, subcontractor, 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.
3. In accordance with section 1553 of the American Recovery and Reinvestment Act of
2009, the CAR must ensure that employees of a 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. (Required national term and condition. Regions may use
alternatives that achieve the same result).
D. Trainee Recruitment, Placement, and Monitoring
1. The CAR must recruit unemployed and underemployed trainees from the
neighborhoods where the brownfields sites are located and give preference to selecting
trainees from these neighborhoods. The CAR shall demonstrate their progress in meeting
this term and condition in the quarterly progress report and final project report as stated
below to EPA.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
2. The CAR is required to monitor all trainees for a minimum of 1 year following the
completion of the training program and must report the results of this monitoring in their
quarterly and final progress reports to EPA. Any placements achieved after the close of
the grant must be reported to EPA. The CAR is responsible for ensuring that funding is
allotted to cover this task in their budget.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
3. The CAR is required to complete all training cycles 3 months before the grant's
expiration.
E. Progress Reporting
1. EPA Reporting
A. The CAR is required to submit quarterly written progress reports in
narrative format to their designated EPA Project Officer within. 10 days
after the end of each calendar quarter from the time the grant was awarded.
These reports must document incremental progress in achieving the
project goals and milestones cited in the Final Workplan. Quarterly
progress reports must clearly differentiate which activities were completed
with EPA funds versus outside funding. Quarterly progress reports must
include:
1. Documentation of progress in meeting the
outputs/outcomes listed in the Final Workplan, deliverables
completed to date as cited in the CAR's project narrative,
and an explanation of any slippage in meeting these
deliverables.
2. An update on meeting project milestones and progress in
meeting project deadlines/time line.
3. A summary of the number of persons recruited, number of
persons entering and completing training, and the number
of trainees placed in full-time employment to date (as also
required when submitting the Job Training Reporting Form
listed below in Section (B.)).
4. Information regarding the location from where trainees
were recruited, drop out numbers of the training program, if
applicable, and information regarding placement of
graduates (i.e. job titles, starting salaries, and names of
organizations where graduates were placed).
5. A summary of the training completed to date including
courses held and certifications provided.
6. Information regarding leveraged funds, including the source
and the amount of funds (as also required when submitting
the Job Training Reporting Form, as listed below in Section
(B•))-
7. A detailed "budget summary" page with a budget table
showing the approved budget for each task, by year, by
object class, including the funds used to date for each task,
the funds remaining for each task, and explanation notes if
applicable. Following budget headings may include:
Current Approved Budget, Costs Incurred this Quarter,
Costs Incurred to Date, and Total Remaining Funds.
8. In accordance with 40 C.F.R. § 31.40 (d) or 40 C.F.R. §
30.51(f), the CAR agrees to inform their designated Project
Officer as soon as problems, delays or adverse conditions
become known which will materially impair the ability to
meet the outputs/outcomes specified in the Final Workplan.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
B. The CAR must report on interim progress and any final accomplishments
by completing and submitting relevant portions of the OMB Circular
2030-0020/EPA-Form 9310-2 "Job Training Reporting Form." The CAR
must submit the updated Job Training Reporting Form reflecting any
immediate progress 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. CABs without internet access may submit a hard
copy version of the Job Training Reporting Form available from their EPA
Project Officer or on line at:
http://www.epa.gov/brownfields/dubs/rptforms.htm.
2. OMB Reporting required under Section 1512 of the American Recovery and
Reinvestment Act
A. The CAR (and any delegated sub -recipients) must report in
www.FederalReporting 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. FederalReporting.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 that are delegated reporting
responsibilities by the prime recipient.
Note: EPA has determined that Brownfields ARRA Job Training grants are not
infrastructure investments made by State and local governments.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
F. Financial Status Report
1. The CAR must submit its Financial Status Report (Standard Form 269) annually to the
EPA Grants Management Office within 90 days after the end of each project year. A
copy must also be submitted to the EPA Project Officer.
(Required national term and condition. Regions may use alternatives that achieve
the same result).
G. Final Project Report and Closeout
1. Within 90 calendar days after the end of the project period, the CAR agrees to submit
the final project performance report to the designated EPA Project Officer. This report
must clearly address the following items:
A. An abstract overview of the project in terms of its overall process and
outputs/outcomes completed.
B. A summary of the results of the training program including the total
number of persons recruited the total number of persons entering and
completing training and the total number of persons placed in full-time
employment. Additionally, information regarding those trainees pursuing
further education, and the number of persons entering the environmental
field must be provided.
C. A description of how the trainees were recruited from brownfields-
impacted communities.
D. A summary of the post -tracking and follow-up activities that the recipient
conducted for each trainee.
G. A summary of the cost per trainee, licensing fees incurred, etc.
G. Problems encountered which prohibited the completion of the project
goals or objectives, if applicable.
G. Future plans for continuation of the program.
2. After review of the final report, the EPA Project Officer may request additional
information of the recipient. In addition to the final report, the recipient must submit (if
requested to do so by EPA's Project Officer) a copy of all tangible and intangible
products that were created for the purpose of the funded project (i.e. videos, research
findings, curriculum, presentations, etc.) If an exhibit or slide show was created or an
item too large and/or expensive to duplicate, photos or transcripts of the product may be
substituted.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
I. Eligible Use of Funds
1. Eligible use of grant funds under this agreement includes:
A. Training residents for the handling and removal of hazardous substances,
including training for jobs in sampling, analysis, and site remediation.
B. Training in the management of facilities at which hazardous substances,
pollutants, contaminants or petroleum contamination are located;
C. Training for response activities often associated with cleanups for
example, landscaping, demolition, and groundwater extraction;
D. Development/refinement of existing curriculum for the training described
in this paragraph.
E. Training participants in the use of techniques and methods for cleanup of
leaking underground storage tanks and other sites contaminated by
petroleum products, asbestos abatement, or lead abatement where these
topics are a component of a more comprehensive hazardous waste training
course or environmental technology training course.
F. Recruiting job training participants from communities impacted by
brownfields and for outreach activities directed towards engaging
prospective employers to be involved in the job training program. These
activities should be part of improving participation in hazardous waste
training for communities impacted by brownfields. Proposed training
programs must establish procedures to ensure that participants are
recruited from the neighborhoods where the brownfield sites are located.
It is anticipated that these graduates will be employed in brownfields
and/or environmental work that involves assessing and cleaning up
contaminated sites within the graduates' respective communities.
G. Training in the requirements and conduct of all appropriate inquiry as
required in CERCLA 101.35B and 40 CFR part 312, and due diligence
which can be defined as the process of evaluating a property for the
potential presence of environmental contamination and assessing potential
liability for any contamination present at the property;
H. Training in site surveying, inventorying, mapping, and geographic
information systems (GIS);
I. Training participants in planning and conducting ecological restoration of
abandoned and devalued land, including general botanical classes or
introductory horticultural classes related to land restoration or indigenous
species revegetation, soil science; and preparing brownfield sites for water
or storm water management systems;
J. Training participants in the reuse of biosolids and other industry residuals
to restore previously contaminated lands;
K. Training participants in remediation technologies or in site preparation for
the installation of technologies that use alternative energy (solar, wind, or
geothermal power) on brownfield sites, or the training of "greener"
remediation technologies such as phytoremediation, bioremediation, or
soil amendments;
L. Personnel costs for instructors to conduct training, fringe benefits, and/or
personnel costs for tasks associated with programmatic reporting
requirements;
M. Costs associated with procuring a training contractor, if reasonable;
N. Costs for screening and placing individuals of the training program;
O. Costs associated with health exams (i.e., pulmonary function tests), drug
testing, or licensing fees directly related to the training and/or the
placement of graduates in environmental work, if reasonable; (Any
funding used to pay for such fees must be applied before training is
completed and expended before the close of the grant);
P. Costs used to cover rental fees associated with training facilities, if
reasonable;
Q. Costs associated with transportation for trainees for site visits during
training, if reasonable; and
R. Stipends for trainees for reimbursable travel costs to and from training.
(Note: Funds from this cooperative agreement may be provided to an employer to pay the
wages/salary and benefits of individual participants as long as the participants receive eligible
on-the-job training while performing the duties of their job. Any participant liability incurred is
the responsibility of the employer. It is the responsibility of the grant recipient to ensure that
sufficient records are maintained to account for the costs, hours, and type of training provided
for each participant. Prior EPA approval is required for these costs to be eligible.)
(Required national term and condition. Regions may use alternatives that achieve the same
result).
J. Prohibited Use of Funds
1. Funds awarded under Section 104(k)(6) of CERCLA are intended for job training
activities and may not be used for:
A. Conducting site assessments or actual cleanups outside the context of on-
the-job training including response activities often associated with
cleanups for example, landscaping, demolition, and groundwater
extraction.
B. General or life skills education activities, such as remedial classes in math
and reading, job readiness training, such as developing resumes and
acquiring interview skills, job placement costs, GED costs, web site
development, vehicle or medical insurance, or child care costs.
C. Stipends for trainees are unallowable with the exception of stipends for
transportation for trainees for site visits during training or for trainees to
get to and from class.
D. Costs that are unallowable (e.g. lobbying, fund-raising) under OMB
Circulars A-21 (universities), A-87 (state, tribal, and local governments),
or A-122 (nonprofit organizations), as applicable.
E. Matching any other federal funds unless there is specific statutory
authority for the match. CERCLA does not provide this authority. Grant
funds may be used to match state or local funds, if authorized by the
relevant state statute or local ordinance.
F. Administrative costs, penalty, or fine.
1. Prohibited administrative costs are also all indirect costs under
OMB Circular A-21 (Educational Institutions), A-87
(Governments), and A-122 (Nonprofit Organizations), and Subpart
31.2 (Commercial Organizations) of the Federal Acquisition
Regulation even if the recipient has an approved or interim
indirect cost rate with a cognizant Federal auditing agency.
2. Prohibited Administrative costs include direct costs including
those 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 C.F.R. Part 30 or 40 C.F.R. Part 31.
Direct costs for grant administration are ineligible even if the
grantee or sub -grantee is required to carry out the activity under the
grant agreement.
Ineligible grant administration costs include expenses for:
a. Preparation of applications for Brownfields grants and sub -
grants;
b. Record retention required under 40 C.F.R. 30.53 and 40
C.F.R. 31.42
C. Record-keeping associated with supplied and equipment
purchases required under 40 C.F.R. 30.33, 30.34, 30.35 and
40 C.F.R. 31.32 and 31.33;
d. Preparing revisions and changes in the budgets, scopes of
work, program plans and other activities required under 40
C.F.R. 30.25 and 40 C.F.R 31.30;
e. Maintaining and operating financial management systems
required under 40 C.F.R. 30.20 and 40 C.F.R 31.20;
f. Preparing payment requests and handling payments under
40 C.F.R. 30.22 AND 40 C.F.R. 31.21;
g. Non-federal audits required under 40 C.F.R. 30.26, 40
C.F.R 31.26, and OMB Circular A-133;
h. Close out under 40 C.F.R. 30.71 and 40 C.F.R. 31.50.
3. EPA has determined that the administrative cost prohibition does
not apply to "programmatic" costs, (i.e. costs for activities that are
integral to achieving the purpose of the grant), even if the Agency
considered the costs to be "administrative" under the prior
Brownfields Program.
a. The prohibition does not apply to direct costs of training.
For example, costs for instructors salaries, program
management salaries (to the extent that such costs are
included in the scope of work for the brownfields job
training grant), materials (e.g. textbooks, equipment, and
classroom supplies), necessary travel and transportation
expenses, and medical tests required to qualify for
hazardous substances related work are programmatic, not
administrative.
b. Costs for performance and financial reporting required
under 40 C.F.R. 30.51 and 30.52, and 40 C.F.R. 31.40 and
31.41 are eligible programmatic costs
C. Clerical costs may be eligible as programmatic costs if
supported by time records demonstrating that clerical
personnel performed programmatic functions (e.g. student
registration, copying course materials for use by trainees)
under the cooperative agreement and these costs are not
included in the recipient's indirect cost pool.
G. To fund particular activities for any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
K. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the
award of sub -grants that create real or apparent personal conflicts of interest or the
appearance of the CAR's 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 sub -grant to a sub -
grant recipient in which the affected party has a financial or other interest. Such a
conflict of interest or appearance of impartiality may arise when:
A. The affected party,
B. Any member of his immediate family,
C. His or her partner, or
D. An organization which employs, or is about to employ, any of the above,
Has a financial interest or other interest in the sub -grant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of
monetary value from sub -grant 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.
(Required national term and condition. Regions may use alternatives that achieve the same
result).
City of Miami,
a Florida municipal corporation
By:
Pedro G. Hernandez, City Manager
Date:
Attest:
Bv:
Priscilla A. Thompson, City Clerk
Date:
Approved as to Form and Correctness:
By:
Julie O. Bru, City Attorney
Date:
Approved as to Insu
By:_
LeeAnn
Date:_
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Requirements:
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Administrator