HomeMy WebLinkAboutUnited States Environmental Protection Agency-12.14.2009 AGREEMENT BETWEEN
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 7
AND
City of Waterloo,Iowa
CONCERNING
CLOSEOUT OF ASSISTANCE AGREEMENT BL-98708301-02
The United States Environmental Protection Agency, Region 7 (U.S. EPA) and The City of
Waterloo, Iowa, (the City) both wish to closeout Assistance Agreement BL-98708301-02 (the
Assistance Agreement)because all the administrative and substantive requirements of the Assistance
Agreement have been met. This Agreement between the U.S.EPA and the City concerning Closeout
of Assistance Agreement BL-98708301-02(Closeout Agreement)sets forth the terms and conditions
which apply to these parties as part of the process of closing out the Assistance Agreement. This
closeout agreement has been prepared in accordance with the provisions of 40 CFR Part 31.
Background
1. On September 18, 2001, the U.S. EPA awarded a grant of$1,000,000.00 to the City
through the Assistance Agreement.
2. On October 1, 2001, the City accepted the Assistance Agreement.
3. The purpose of the Assistance Agreement was to capitalize a brownfield revolving
loan fund. Monies in this Assistance Agreement were made available as loans to
eligible recipients for cleanup work at brownfield sites.
4. On or about March 15, 2007,the Assistance Agreement was amended to extend the
grant period to December 30, 2007, and reduce the grant from $1,000,000 to
$350,000.
5. Through this Closeout Agreement, the City and the U.S. EPA are documenting the
terms and conditions of their understanding of how the City will use the revolved
BCRLF loan funds as they are repaid to the City.
6. Under 40 C.F.R. 31.25(h), there are no Federal requirements on program income
earned after the award period for the Assistance Agreement except those contained in
this Closeout Agreement between the City and U.S. EPA.
II. Representations of the City of Waterloo (the City)
1. As of the date of this Closeout Agreement, the City has expended $350,000 of the
Assistance Agreement in a loan to a qualified borrower.
2. As of the date of this Closeout Agreement, all cleanup work funded by this
Assistance Agreement has been complete.
3. As of the date of this Closeout Agreement, the only activities remaining under the
loan and this Assistance Agreement are for the borrower to pay back the principal
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CLOSEOUT AGREEMENT
THE CITY of WATERLOO
ASSISTANCE AGREEMENT BL-98708301-02
($280,000.00)with appropriate interest(repayments are due to begin on June 1,2008
but the City understands the loan repayments cannot begin until the BCRLF Close-
Out paperwork is completed and approved by the U.S. EPA).
4. As of the date of this Closeout Agreement, the City expects the outstanding loan
($280,000.00) to be repaid in six (6) installments. The estimated date for first
installment payment is June 1,2008.The date of the last installment payment will be
June 1, 2013.
III. Required Reports for the Assistance Agreement
The Assistance Agreement expired on December 31, 2007. The City submitted the final quarterly
progress report on January 31, 2008. As required in Chapter 9 of the BCRLF closeout procedures,
the City has provided the following documents to U.S. EPA.:
1. Final Quarterly progress report;
2. Final Financial Status Report (Standard Form 269);
3. Cleanup reports, as described in the most current version of the BCRLF
Administrative Manual; and
4. Final MBE/WBE/DBE Report (Standard Form 5700-52A)
IV. Recordkeeping Requirements and Other Supporting Documents
1. The City shall maintain all financial and programmatic records, supporting
documents, statistical records and other records which are required under the
Assistance Agreement for a period often(10)years following submission of the final
Financial Status Report(referenced above in Section III.)
2. If any litigation, claim, negotiation, audit, cost recovery, or other action involving
these records of which the City receives notice starts before the expiration of the ten-
year period in paragraph 1,above,the City must retain these records until completion
of that action and resolution of all issues which arise from it, or until the end of the
ten-year period,whichever is later.
3. Before destroying any of the records,the City must obtain written approval from the
U.S. EPA.
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CLOSEOUT AGREEMENT
THE CITY of WATERLOO
ASSISTANCE AGREEMENT BL-98708301-02
V. Program Income
1. All future program income(from all current and future loans and subgrants)accrued
after the effective date of the final Financial Status Report, shall be considered
"retained program income". All retained income must be placed and managed in a
separate account,and shall be made available for continued operation of a Revolving
Loan Fund for Brownfields cleanups and/or other Brownfields activities(as specified
in Section III.5 below).
2. Brownfields cleanups or assessments financed with retained program income must be
consistent with Brownfields eligibility provisions and site eligibility limitations
contained in the terms and conditions of the original assistance agreement
BL98708301.
3. As provided in 40 C.F.R. 31.25(h), all other federal requirements do not apply to the
activities funded with the retained program income.
4. EPA encourages that the primary use of retained program income be for providing
loans for Brownfields cleanups. In addition Brownfields cleanup loans, retained
program income may also be used to fund the following Brownfields activities:
a. Cleanup Subgrant agreements,
b. Phase I Environmental Site Assessments performed in accordance with EPA All
Appropriate Inquiries Final Rule or ASTM E1527-05 (or the most current
version),
c. Phase II Environmental Site Assessments and cleanup planning activities, and
d. Programmatic costs to manage and oversee the work being performed.
5. All assessment and cleanup work funded with retained program income must
continue 10 be performed in accordance with state environmental rules and
regulations, and all cleanup sites must be enrolled in the appropriate state voluntary
cleanup program.
6. Retained program income shall not be used for site inventory work and meeting cost
share requirements for federal and state grants.
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CLOSEOUT AGREEMENT
THE CITY of WATERLOO
ASSISTANCE AGREEMENT BL-98708301-02
VI. Continued Post-Closeout Reporting Requirements
1. Annual Reports shall be required for the first 5 years following the effective date of
this closeout agreement. The annual report shall include the following information:
a. A cover page including: the grant recipient's organization, grant number, the
annual report number (i.e., 1, 2 or 3), the dates for the reporting period, the
persons/organizations preparing and submitting the report, and the date of the
report submission.
b. A summary of the activities conducted during the reporting period, a list of
reports and documents generated during the reporting period, and a budget
summary table reflecting the expenses incurred and program income received.
c. Site data consistent with information requested in current Property Profile Forms
or a list of sites created and/or updated in the ACRES database.
VII. Continuing Records Retention Requirements
The grant recipient must maintain adequate accounting records for how retained program income is
managed and spent as well as all other appropriate records and documents related to the activities
conducted using retained program income.
All records and documents must be retained for a period of three(3)years following termination of
this closeout agreement per Section VI below.
VIII. Addresses
The point of contact for the U.S. EPA for all items in this Closeout Agreement shall be:
Stephanie Doolan
RCRA Corrective Action Officer
Air, RCRA, and Toxics Division
U.S. EPA, Region 7
901 North 5th street.
Kansas City, Kansas 66101
(913) 551-7719
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CLOSEOUT AGREEMENT
THE CITY of WATERLOO
ASSISTANCE AGREEMENT BL-98708301-02
The points of contact for the City for all items in this Closeout Agreement shall be:
Noel Anderson, Community Planning and Michelle Weidner, Chief Financial Officer
Development Director
The City of Waterloo The City of Waterloo
715 Mulberry, City Hall 715 Mulberry, City Hall
Waterloo, Iowa 50701 Waterloo, Iowa 50701
(319) 291-4366 (319) 291-4323
noel.anderson@waterloo-ia.org michelle.weidner&,waterloo-ia.org
IX. Termination of this Closeout Agreement
Three years after the expenditure by the City of program income subject to this Closeout Agreement,
the City may terminate this Closeout Agreement by certifying to U.S. EPA that it has complied with
the requirements of this Closeout Agreement for three full calendar years and requests a termination
of this Closeout Agreement. U.S. EPA shall have 90 days to object to the termination of this
Closeout Agreement. If U.S. EPA does not object within that time period, then this Closeout
Agreement will terminate with no further action.
X. Enforcement of this Closeout Agreement
If the City does not comply with any of the terms of this Closeout Agreement, then U.S. EPA may
take actions authorized under 40 C.F.R. Section 31.43.
XI. Modifications
This Closeout Agreement can only be modified in writing by agreement of both U.S. EPA and the
City. Oral or unilateral modifications shall not be effective or binding.
XII. Severability
If any provision of this Closeout Agreement is invalidated by a court of law,the parties shall remain
bound to comply with those provisions of this Closeout Agreement that have not been invalidated.
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CLOSEOUT AGREEMENT
THE CITY of WATERLOO
ASSISTANCE AGREEMENT BL-98708301-02
This Closeout Agreement becomes effective on the date of the signature of the U.S. EPA award
official.
City of Waterloo:
Date: 14i0 9
Tim Hurley, Mayor
On behalf of the U. . EPA:
l �
7 / 7 te Date: AiAe/ro 9
Steve Kovac
Chief, Superfund Technical and Reuse Branch
U.S. Environmental Protection Agency, Region 7
901 North 5th Street.
Kansas City, Kansas 66101
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