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HomeMy WebLinkAbout143 - 11/21/2023 - MAKING A SUPPLEMENTAL APPROPRIATION, APPROPRIATING PRIOR YEAR RESERVES, AUTHORIZING TRANSFERS AND AUORDINANCE NO.143,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION,APPROPRIATING PRIOR YEAR RESERVES,AUTHORIZING TRANSFERS AND AUTHORIZING INTERGOVERNMENTAL AGREEMENTS FOR THE AIR TOXICS COMMUNITY MONITORING PROJECT WHEREAS,the northern Front Range of Colorado is home to growing population centers and expanding oil and gas production;and WHEREAS,community concerns are mounting about the adequacy of existing monitoring networks to identify potential air quality issues from oil and gas production and other sources;and WHEREAS,the City applied for an Air Toxics Community Monitoring Project Grant from the Environmental Protection Agency (EPA)in collaboration with Colorado State University (CSU)and the Larimer County Department of Health and Environment,with support from the Colorado Department of Public Health and Environment and several community organizations; and WHEREAS,the EPA awarded the City $499,139 in a three-year Air Toxics Community Monitoring Project Grant (the Grant)to provide air toxic monitoring that responds to concerns of residents in underserved communities,builds a broader understanding of air quality issues through innovative approaches and empowers residents to engage in policy and regulatory discussions (the Project);and WHEREAS,funding for the Project would total $623,977,with the City providing $73,408 in required matching funds,which includes both City personnel time and costs to support community engagement activities,and Larimer County providing in kind services worth a total of $51,430;and WHEREAS,the City Council has previously appropriated funds through Ordinance No, 126,2022,the 2023-2024 annual appropriation ordinance,to the Environmental Services operating budget in the General Fund that will be transferred by this Ordinance to contribute to the City’s required match for the Project;and WHEREAS,the Air Toxics Community Monitoring Project Grant agreement with the EPA is attached hereto as Exhibit “A”;and WHEREAS,City staff seek to enter into an intergovernmental agreement with CSU for CSU to conduct monitoring of select hazardous air pollutants using Grant funds;and WHEREAS,these appropriations benefit the public health,safety and welfare of the residents of Fort Collins and serve the public purposes of improving air quality monitoring in the region,including within the City,and building community understanding of air quality issues;and WHEREAS,Article V,Section 9 of the City Charter permits the City Council,upon recommendation of the City Manager,to make a supplemental appropriation by ordinance at any time during the fiscal year,provided that the total amount of such supplemental appropriation,in combination with all previous appropriations for that fiscal year,do not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year;and WHEREAS,Article V,Section 9 of the City Charter permits the City Council,upon the recommendation of the City Manager,to make supplemental appropriations by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years,notwithstanding that such reserves were not previously appropriated; and WHEREAS,the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in this Fund during this fiscal year;and WHEREAS,Article V,Section 10 of the City Charter authorizes the City Council,upon recommendation by the City Manager,to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project,provided that the purpose for which the transferred funds are to be expended remains unchanged,the purpose for which the funds were initially appropriated no longer exists, or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance;and WHEREAS,the City Manager has recommended the transfer of $3,230 from the Environmental Services operating budget in the General Fund to the Air Toxics Community Monitoring Project in the General Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged;and WHEREAS,Article V,Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a federal,state or private grant,that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made,but continue until the earlier of the expiration of the federal,state or private grant or donation or the City’s expenditure of all funds received from such grant or donation;and WHEREAS,the City Council wishes to designate the appropriation herein for the Air Toxics Community Monitoring Project Grant as an appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant; and WHEREAS,Section 1-22 of the City Code requires the City Council to approve intergovernmental agreements and cooperative activities with other governmental entities,except in certain enumerated scenarios. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That there is hereby appropriated from new revenue or other funds in the General Fund the sum of FOUR HUNDRED NINETY-NINE THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS ($499,139)to be expended in the General Fund for the Environmental Services Air Toxics Community Monitoring Project. Section 3.That there is hereby appropriated from prior year reserves in the General Fund the sum of SEVENTY THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS ($70,178)to be expended in the General Fund for Environmental Services Air Toxics Community Monitoring Project. Section 4.That the unexpended and unencumbered appropriated amount of THREE THOUSAND TWO HUNDRED THIRTY DOLLARS ($3,230)is authorized for transfer from the Environmental Services operating budget in the General Fund to the Environmental Services Air Toxics Community Monitoring Project. Section 5.That the appropriation herein for the Environmental Services Air Toxics Community Monitoring Project is hereby designated,as authorized in Article V,Section 11 of the City Charter,as an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s expenditure of all funds received from such grant. Section 6.That the City Council approves the Air Toxics Community Monitoring Project Grant with the Environmental Protection Agency,which is attached hereto as Exhibit “A”. Section 7.That the City Council authorizes the City Manager,in consultation with the City Attorney,to develop and execute an intergovernmental agreement with Colorado State University to conduct monitoring of select hazardous air pollutants using funds from the Air Toxics Community Monitoring Project Grant. Introduced,considered favorably on first reading and ordered published this 17th day of October,2023,and to be presented for final passage on the 21st day of November,2023. Ju ~4r ATTEST:$ ~ r City Clerk Passed and adopted on final reading this 21st day of November, ATtEST: City Clerk EXHIBIT A TO ORDINANCE NO.143 2023 5X-00t09701 -a Page 1 ~i~°sr1.,GRANT NUMBER (FAIN):00109701 .“4~.MODIFICATION NUMBER:0 DATE OF AWARD ~‘U.S.ENVIRONMENTAL PROGRAM CODE:5X 09/13/2023 ~PROTECTION AGENCY ~E OF ACTION ~4~ATE %tc~’°Grant Agreement PAYMENT METHOD:ACH#I PRO~ASAP 80084 RECIPIENT TYPE:Send Payment Request to: Municipal Contact EPA RTPFC at.rtpfc-grants~epa gov RECIPIENT:PAYEE: City of Fort Collins City of Fort Collins P.0.Box 580 P.0.Box 580 Fort Collins,CO 80522-0580 Fort Collins,CO 80522-0580 EIN:84-6000587 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Emily Olivo Courtney Johnson Jennifer Hale 222 Laporte Avenue 1595 ~‘nkoop Street Grants,Acquisition and lAs Branch P0 Box 580 Denver CO 80202-1129 1595 Wynkoop Street Fort Collins CO 80522-0580 Email:Johnson Courtney@epa.gov Denver,CO 80202 1129 Email:eotivo@fcgov.com Phone:303-312-6456 EmaIl:hale.jennifer@epa.gov Phone:970-510-6638 Phone:303-312-6330 PROJECT TITLE AND DESCRIPTION Enhancing Monitoring of Air Toxics and Air Quality Education in Underserved Communities in Northern Colorado See Attachment 1 for project description BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2023 -09/30/2026 10/01/2023 -09/30/2026 $623,977.00 $623,977.00 NOTICE OFAWARD Based on your Application dated 03/23/2022 including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency (EPA)hereby awards $499,139.00.EPA agrees to cost-share 79.99%of all approved budget period costs incurred,up to and not exceeding total federal funding of $499,139.00.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 isk.This agreement is subject to applicable EPA regulatory and statutory provisions all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS ORGANIZATION /ADDRESS U.S.EPA,Region 8 Environmental Protect on Agency Region 8 U.S.EPA,Region 8,Air and Radiation Division 1595 Wynkoop Street RB -Region 8 Denver CO 80202 1129 1595 Wynkoop Street Denver,CO 80202-1129 THE UNITED STATES OF AMERICA BY THE U.S.ENViRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Sarah Huistein Grant Management Officer DATE 09/13/2023 EXHIBIT A TO ORDINANCE NO,143,2023 EPA Funding Information 5X -00109701 -0 Page 2 FUNDS FORMER AWARD This ACTION AMENDED TOTAL EPAAmountmisActlon $0 $499,139 $499,139 EPA In-Kind Amount so so so Unexpended Prior Year Balance so so so Other Federal Funds $0 so so Recipient Contribution $0 $73,408 $73 408 State Contribution $0 $0 $0 Local Contribution $0 $51,430 $51,430 Other Contribution $0 $0 $0 Allowable Project Cost $0 $623,977 $623 977 AssIstance Program (CFDA)Statutory Authority Regliatory Authority 66,034-Surveys-Studies-Investigations-Clean Air Act Sec 103 2 CER 200,2 CFR 1500 and 40 CFR 33 Demonstrations and Special Purpose Activities relating to the Clean Air Act EXHIBITATOORDINANCENO 143 2023 Budget Summary Page SX-00109701 -o Page 3 Table A -Object Class Category Total Approved AJlowable (Non-Construction)Budget Period Cost 1.Personnel $66,775 2.FrInge Benefits $6,638 3.Travel $0 4.Equipment $0 5.Supplies $0 6.Contractual $0 7.ConstructIon $0 8.Other $530,564 9.Total DIrect Charges $623,977 10.IndIrect Costs:0.00%Base $0 11.Total (Share:RecIpient 2001 %Federal 79.99 $623,977 12.Total Approved Assistance Amount $499,139 13.Program Income $0 14.Total EPA Amount Awarded This Action $499,139 15.Total EPA Amount Awarded To Date $499,139 EXHIBIT A TO ORDINANCE NO.143,2023 SX -00109701 -0 Page 4 Attachment I -Proiect Description The agreement provides funding under Inflation Reduction Act to conduct ambient air monitoring of pollutants of greatest concern in communities with environmental and health outcome disparities stemming from pollution and the COVID-19 pandemic. The North Front Range of Colorado is home to growing population centers and to rapidly expanding oil and gas production.The Denver/Metro North Front Range region is also designated as serious nonattainment for ozone (03)and will soon be downgraded to severe status.Community concerns are mounting about the adequacy of existing monitoring data networks to identify potential air quality issues,and the ability of local governments to characterize and address risks.Additionally,climate change is exacerbating these issues along the Northern Colorado Front Range,particularly for Latinx residents,children living near the poverty level,and residents with asthma,diabetes,fair or poor health status,or lacking health insurance.This project will provide air toxic monitoring that responds to concerns of residents in underserved communities,will increase awareness of air pollution, will build a broader understanding of air quality issues through innovative approaches including story4elling and art,and will hold workshops to further empower residents to engage in policy and regulatory discussions and seeking enforcement actions if warranted. The activities will be used to support community and local efforts to monitor their own air quality and to promote air quality monitoring partnerships between communities and tribal, state,and local governments that:leverage existing air quality expertise,expand use of community monitoring groups and other approaches that give the community a voice in the monitoring of the air quality,increase the capacity of residents to engage in policy and regulatory discussions and decisions,and build a foundation of trusting relationships and enhanced understanding from which sustainable solutions to community air pollution problems can be found. The anticipated deliverables include an Air Quality Monitoring Advisory Committee (AQ MAC)membership list and charter,AQ-MAC site selection criteria,initial monitoring site locations,updates to site selection criteria and locations,project Standard Operating Procedures (SOPs)and field plans,project websites,monthly data analysis reports/briefings,public updates,final data analysis report,final data presentations,final data to Colorado State University digital repository,workshop materials,attendance and feedback reports,and final public engagement and art installation report. The expected outcomes include identifying Environmental Justice (EJ)priority monitoring areas;empower underserved communities to investigate potential concerns;identify acute and chronic air quality issues;increase community engagement in air quality monitoring planning,increase awareness of abundance and impact of air toxics;increase access to air toxics data for a wider range of communities;pursue community action to mitigate air pollution,increase investment in local policy to reduce air toxics;increase connections and trust with government agencies;create workshops focused on 1)storytelling related to environmental injustices 2)discuss civic engagement on air issues 3)complete general outreach and education on air quality fundamentals in northern Colorado (public art events and installations). EXHIBITATOORDINANCENO 143 2023 5X-00109701 -o Page5 The intended beneficiaries include the city of Fort Collins.The City of Fort Collins,in partnership with Colorado State University (CSU),Larimer County Department of Health and Environment (LCDHE),Colorado Department of Public Health and Environment (CDPHE) and a suite of community groups,propose to implement monitoring of select hazardous air pollutants (HAP5),aligned with efforts to inform and engage underserved residents of Northern Colorado through data sharing,and accessible relevant educational activities.The primary goals of the project are to 1)leverage local air monitoring expertise to collect, interpret,and share air toxics data that responds to community pollution concerns,2) expand the engagement of community groups to establish monitoring priorities so they address specific emission sources or sectors and prioritize the needs of underserved residents,3)increase awareness and understanding of air pollution and air quality data, including the impacts of air toxics exposures,4)increase the capacity of residents to engage in policy and regulatory discussions and decisions,and 5)build trust across diverse groups. EXHIBIT A TO ORDINANCE NO 143 2023 SX -00109701 -0 Page 6 Administrative Conditions National Administrative Terms and Conditions General Terms and Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: httQs:llw~w.epa.pov/grants/eoa-cieneraI-terms-and-conditions-effective-october-1-2O22-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/grantc/grant-terms-and-r.nnditinns#general A.Correspondence Condition The terms and conditions of this agreement require the submittal of reports,specific requests for approval,or notifications to EPA.Unless otherwise noted all such correspondence should be sent to the following email addresses: •Federal Financial Reports (SF425)rtofc-prants@ena.gov and Grant Specialist,Jennifer Hale at hale.jennifer©epa.gov. •MBE~BE reports (EPA Form 5700-52A)Grant Specialist,Jennifer Hale at hale.jennifer©epa.gov. •All other forms/certifications/assurances,Indirect Cost Rate Agreements,Requests for Extensions of the Budget and Project Period,Amendment Requests,Requests for other Prior Approvals,updates to recipient information (including email addresses,changes in contact information or changes in authorized representatives)and other notifications:Grant Specialist,Jennifer Hale at hale.jennifer~epa.gov and Project Officer Courtney Johnson at johnson.courtyney~epa gov Quality Assurance documents workplan revisions equipment lists programmatic reports and deliverables Project Officer Courtney Johnson at johnson.courtyney@epa gov B.Leveraging The recipient agrees to provide the proposed leveraged funding,including any voluntary cost-share contribution or overmatch,that is described in its proposal.If the proposed leveraging does not materialize during the period of award performance,and the recipient does not provide a satisfactory explanation,the Agency may consider this factor in evaluating future proposals from the recipient.In addition,if the proposed leveraging does not materialize during the period of award performance then EPA may reconsider the legitimacy of the award;if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the leveraged funding the recipient described in its proposal,EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR Part 180 as applicable. C.Voluntary Cost-Share or Overmatch This award and the resulting federal funding of $499,139.00 is based on estimated costs EXHIBIT A TO ORDINANCE NO 143 2023 5X-00I09701 0 Page7 requested in the recipient’s application dated 03/23/2022.Included in these costs is a voluntary cost-share contribution of $73,408.00 by the recipient and $51,430.00 from project partner(s)in the form of a voluntary cost-share or overmatch (providing more than any minimum required cost-share)for a total of $124,838.00 of voluntary cost-share contributions.The recipient must provide this voluntary cost-share contribution during performance of this award unless the EPA agrees otherwise in a modification to this agreement.While actual total costs may differ from the estimates in the recipient’s application,EPA’s participation shall not exceed the total amount of federal funds awarded. If the recipient fails to provide the voluntary cost-share contribution during the period of award performance,and EPA does not agree to modil~,the agreement to reduce the cost share,the recipient is in violation of the terms of the agreement.In addition to other remedies available under 2 CFR Part 200,the Agency may consider this factor in evaluating future proposals from the recipient.In addition,if the voluntary cost-share contribution does not materialize during the period of award performance then EPA may reconsider the legitimacy of the award;if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the voluntary cost-share or overmatch the recipient described in its proposal.EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR Part 180 as applicable. Programmatic Conditions Grant-Specific Prnorammatic Terms and Conditions (as of 2101 12023) A.PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT Performance Re~orts —content In accordance with 2 CFR 200.329,the recipient agrees to submit performance reports that include brief information on each of the following areas:1)A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period;2)The reasons why established outputs/outcomes were not met;and 3) Additional pertinent information,including,when appropriate,analysis and explanation of cost overruns or high-unit costs. Additionally,the recipient agrees to inform EPA as soon as problems,delays,or adverse conditions which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan are known (See Grants Policy Issuance 11-03 State Grant Workolans and ProQress Reoorts for more information) Performance Reports -Frequency The recipient agrees to submit quarterly performance reports e ectron cally to the EPA Project Officer within 30 days after the quarterly reporting period ends.The reporting periods are October -December,January -March,April -June and July -September The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance Subaward Performance Reporting EXHIBIT A TO ORDINANCE NO.143,2023 5X -00109701 -0 Page 8 The recipient must report on its subaward monitoring activites under 2 CFR 200 332(d)Examples of items that must be reported if the pass-through entity has the information available are: 1 Summaries of results of reviews of financial and programmatic reports 2 Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance 3 Environmental results the subrecipient achieved 4.Summaries of audit findings and related pass-through entity management decisions. 5.Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200 332(e),2 CFR 200.208 and the 2 CFR Part 200.339 Remedies for Noncompliance. Note EPA Project Officers may customize this reporting requirement based on programmatic information needs B.Data Reporting Data and/or related observations must be shared public y and in a practicable amount of time throughout the ifetime of the project and not only after the project is at or near completion C.Cybersecurlty Condition Cybersecurity Grant Condition for Other Recipients,Including lntertribal Consortia (a)The recipient agrees that when collecting and managing environmenta data under this assistance agreement,it will protect the data by fol owing all applicable State or Triba aw cybersecurity requirements. (b)(1)EPA must ensure that any connections between the recipients network or information system and EPA networks used by the recipient to transfer data under this agreement,are secure For purposes of this Section,a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information Trans tory user-controlled connections such as website browsing are excluded from this definition If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA s Central Data Exchange,the recipient agrees to contact the EPA Project Officer (P0)no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements,including entering into Interconnection Service Agreements as appropnate This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA s regulatory programs for the submission of reporting and/or compliance data (2)The recipient agrees that any subawards t makes under this agreement will require the subrecipient to comply with the requirements in (b)(1)if the subrecipient s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA s Central Data Exchange. The recipient will be in compliance with this condition by including this requirement in subaward agreements;and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d)by inquiring whether the subrecipient has contacted the EPA Project Officer Noth ng in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA D.Public or Media Events EXHIBIT A TO ORDINANCE NO 143,2023 SX-00i09701 -o Pages The Recipent agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a resu t of this agreement,and provide the opportunity for attendance and participation by federal representatives with at least ten (10)work ng days notice E.Geospatlal Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC)endorsed standards Information on these standards may be found at hugs,~‘w fcidc.pov. F.Use of Logos If the EPA logo is appearing along with logos from other participating entities on websites,outreach materials or reports,it must not be prominently displayed to imply that any of the recipient or subrecipient’s activities are being conducted by the EPA.Instead the EPA logo should be accompanied with a statement indicating that the Flnsert Recioient or subrecioient NAME1 received fnanc al support from the EPA under an Assistance Agreement.More information is available at hugs w~w.ega.gov/stylebook/using-ega-seal-and-logo#policv G.DURCIiDURC The recipient agrees to not initiate any life sciences research involving agents and toxins identified in Section 6.2 1 of the United States Government Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern (IDURC Policy)until appropriate review and clearance by the recipient nstitution s Institutional Review Entity (IRE)The recipient also agrees to temporarily suspend life sciences research n the event that during the course of the research project,the IRE determines that the life sciences research meets the definition of DURC in the DURC Po icy and the recipient agrees to notify the EPA Institutional Contact for Dual Use Research (ICDUR)(DURC~eoa cloy)of the institution’s determ nation H.Competency Policy Competency of Organizations Generating Environmental Measurement Data Competency of Organizations Generating Environmental Measurement Data:In accordance with Agency Policy Directive Number FEM-2012-02,Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,recipient agrees,by entering into this agreement,that it has demonstrated competency prior to award,or alternatively,where a pre-award demonstration of competency is not practicable,the recipient agrees to demonstrate competency prior to carrying out any activities under the award involving environmental information operations (i.e.,the collection,production,evaluation or use of environmental information and/or the design, construction,operation,or application of environmental technology)The recipient shall maintain competency for the duration of the agreement’s period of performance and this will be documented during the annual reporting process To access the Policy and other information about the Policy visit httg.l/www.epa.oov/fem/lab comp.htm.A copy of the Policy is available directly at httgs./Mww,ega.ciov/measurements-modelinaldocuments-about-measurement-comoetencv-under assistance-agreements,or a copy may be requested by contacting the EPA Project Officer for this award I.Quality Assurance Project Plan 1.A Quality Assurance Project Plan (QAPP)is a record of determinations made during planning by the organization of the data type,quality,and quantity necessary to meet project objectives and the quality assurance and quality control procedures specificat ons and documentation that the recipient will use to ensure the desired results This EXHIBIT A TO ORDINANCE NO.143,2023 5X-00109701-0 Page 10 quality assurance documentation requirement applies to all grants that nvolve environmental Information operations (I.e.,the collection production,evaluation or use of environmental information and/or the design,construction operation or appl cation of environmental technology). 2.To be approvab e the grant recipient must develop a QAPP or equivalent QA document that meets all requirements outlined in EPA QA Project Plan Requirements,QA/R-5 The term QAPP will be used hence forward in this grant QA Term and Condition (R8 QA T&C)to refer to the QAPP or equivalent QA document. 3.As applicable and in accordance with 2 CFR 1500 12 the recipient agrees to document in a QAPP,the quality assurance (QA)quality control (QC),and techn cal activities that must be implemented to ensure that the project objectives are met Multiple QAPPs and/or a multi-year QAPPs may be prepared as directed n the Work Plan and by the EPA Project Officer 4.Recipients implementing environmental information operations (defined in Section 1)within the scope of the assistance agreement must submit a QAPP to the EPA Project Officer and EPA QA reviewer for review and approval no later than 90 days orior to performing work that ncludes environmental information oDerations.Earlier submissions are welcome. 5.The QAPP shall be prepared for each project in accordance with (lA~EPA QAIR-5 EPA Requirements for Quality Assurance Proiect Plans.For each QAPP,complete the Reoion 8 QA Document Review Crosswalk (QAPP Review Crosswalk)In the QAPP Review Crosswalk the recipient shall ident fy the specific page number(s)and section(s)of the QAPP that addresses the corresponding required QAPP element in QAIR-5 including a detailed explanation for any elements considered not applicable to the grant.The recipient shall submit the completed crosswalk with the QAPP to the EPA Project Officer and EPA QA contact for review and approval Each QAPP has a maximum period of performance of 5 years 6.The recipient agrees to ensure that no environmental information operations (defined in Section 1)occur without a QAPP that is approved by the EPA Regional Quality Assurance Manager or their delegate!except under circumstances requiring immediate action to protect human health and the environment or operations conducted under police powers.In the case of this exception QAPPs must be approved within 30 days of the recipients first date responding to the incident 7.For multi-year QAPPs,the recipient must review the current QAPP annually to reconfirm its suitability and effectiveness and its alignment with the grants work plan The recipient shall document the review using the Region EXHIBIT A TO ORDINANCE NO.143,2023 5X-00109701 -O Page 11 8 GA Document Review Crosswalk (QAPP Review Crosswalk).In the QAPP Review Crosswalk the recipient shall identify the specific page number(s)and section(s)of changes to the approved version of the QAPP and inc ude a description of what changed and why in the crosswalk elements comment box.For multi-year QAPPs,the documented annual QAPP review results (using the QAPP Review Crosswalk)must be submitted to EPA Project Officer and QA reviewer annually,no later than 60 days prior to the anniversary date of EPA’s approval of the QAPP as a new document.Significant changes to the project require the recipient to modify the QAPP and submit the updated QAPP as a new document as described in Sections 4-5 The recipient must submit the updated QAPP and completed Region 8 GA Document Review Crosswalk to the EPA Project Officer and GA reviewer for review and approval.Only after the revision has been approved shall the change be implemented. J.Leveraging: The recipient agrees to provide the proposed leveraged funding,including any voluntary cost-share contribution or overmatch,that is described in its proposal dated 08/21/2023 If the proposed leveraging does not materialize during the period of award performance,and the recipient does not provide a satisfactory explanation,the Agency may consider this factor in evaluating future proposals from the recipient.In addition,if the proposed leveraging does not materialize during the period of award performance then EPA may reconsider the legitimacy of the award;if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the leveraged funding the recipient described in its proposal dated 08/2 1/2023 EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR Part 180 as applicable K.Voluntary Cost-Share or Overmatch This award and the resulting federal funding of $499.1 39 is based on estimated costs requested in the recipients application dated 08/21/2023.Included in these costs is a voluntary cost-share contribution of $124838 by the rec pient in the form of a voluntary cost-share or overmatch (providing more than any minimum required cost-share)that the recipient included in its proposal dated 08/21/2023.The recipient must provide this voluntary cost-share contribution dunng performance of this award unless the EPA agrees otherwise in a modification to this agreement.While actual total costs may differ from the estimates in the recipient’s application EPA’s participation shall not exceed the total amount of federa funds awarded. If the recipient fails to provide the voluntary cost-share contribution dunng the period of award performance,and EPA does not agree to modify the agreement to reduce the cost share,the recipient is in violation of the terms of the agreement.In addition to other remedies available under 2 CFR Part 200 the Agency may consider this factor in evaluating future proposals from the recipient In addition,if the voluntary cost-share contribution does not materialize during the period of award performance then EPA may reconsider the legitimacy of the award if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the voluntary cost-share or overmatch the recipient described in its proposal dated 08/21/2023 EPA may take action as authorized by 2 CFR Part 200 and/or 2 CFR Part 180 as applicable