HomeMy WebLinkAbout2018 Ordinance No. 007ORDINANCE NO. 7
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT ENTITLED "COLORADO BROWNFIELDS
REVOLVING LOAN FUND MEMORANDUM OF AGREEMENT,
AMENDMENT 5" PERTAINING TO THE COLORADO
BROWNFIELDS REVOLVING LOAN FUND BETWEEN THE CITY
OF ENGLEWOOD, THE CITY AND COUNTY OF DENVER,
COMMERCE CITY, THE CITY OF LAKEWOOD, THE CITY OF
LOVELAND, THE CITY OF WESTMINSTER AND EL PASO
COUNTY COLORADO AS WELL AS THE COLORADO HOUSING
AND FINANCE AUTHORITY AND THE COLORADO DEPARTMENT
OF PUBLIC HEAL TH AND ENVIRONMENT.
WHEREAS, the Colorado Brownfields Revolving Loan Fund was established to facilitate
the reuse and/or redevelopment of contaminated sites by making low cost funding
available for financing environmental cleanups through grants from the Environmental
Protection Agency;
WHEREAS, Englewood is represented in a coalition of Front Range communities, which
was established to finance environmental cleanups along the Colorado Front Range within
the seven local governments as well as the State overall;
WHEREAS, this coalition is comprised of participants from City of Englewood, Commerce
City, Lakewood, Loveland, Westminster, El Paso County, the Colorado Housing and
Finance Authority, the Colorado Department of Health and Environment and the City and
County of Denver;
WHEREAS, the Colorado Brownfields Revolving Loan Fund presents an opportunity for
the Englewood business community by providing financing for environmental cleanup
activities;
WHEREAS, the City Council of the City of Englewood authorized the City to enter into an
IGA which established the Colorado Brownfields Revolving Loan Fund with the passage of
Ordinance Number 31, Series of 2000;
WHEREAS, the passage of this ordinance authorizes an amendment to describe the
organization and the responsibilities of the Colorado Brownfields Revolving Loan Fund
Board, and describes meeting and voting requirements and also describes the various
cooperative agreements that have capitalized the Colorado Brownfields Revolving Loan
Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "Colorado Brownfields Revolving Loan Fund Memorandum of
Agreement, Amendment 5" attached hereto as "Exhibit A," is hereby accepted and
approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
"Colorado Brownfields Revolving Loan Fund Memorandum of Agreement, Amendment 5"
for and on behalf of the City of Englewood, Colorado.
Section 3. The coalition uses Federal Brownfields Revolving Loan Funds.
Introduced, read in full, and passed on first reading on the 2nd day of April, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4 th
day of April, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd
day of April, 2018.
Read by Title and passed on final reading on the 16th day of April, 2018 .
Published by Title in the City's official newspaper as Ordinance No.7, Series of 2018,
on the I 9th day of April, 2018.
Published by title on the City's official website beginning on the 18th day of
April, 2018 for thirty (30} days.
This Ordinance shall take effect thirty (30} days after publication following final
passage.
Rita Russell, Mayor Pro Tern
ATTEST:
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 7, Series of 2018.
Purpose
Exhibit A
COLORADO BROWNFIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT
Amendment 5 (MOA)
Introduction
T he purpose of the Colorado Brownficlds Revolving Loan Fund (CBRLF and/or Fund), as
represented by its Board of Directors (Board or Board of Directors), is to facilitate the reuse and/or
redevelopment of contaminated sites by making low-cost funding available for financing
environmental cleanups. The funding for this endeavor is through grants from the U.S.
Environmental Protection Agency (EPA).
Brownfields are defined as abandoned, idled, or under-utilized industrial and commercial facilities
where expansion or redevelopment is complicated by real or perceived environmental
contamination. A major barrier to redeveloping brownfields sites in Colorado is that contaminated
sites face not only the environmental challenge of cleanup, but also marginal economic potential.
In the Colorado real estate market, properties are being avoided because of liability and cleanup
cost concerns .
The City and County of Denver; the Cities of Commerce City, Englewood, Lakewood, Loveland
and Westminster; El Paso County (collectively, Local Governments); the Colorado Housing and
Finance Authority (CHF A); and the Colorado Department of Public Health and Environment
(CDPHE) (collectively, CBRLF Coalition) have agreed to cooperate and to create the Colorado
Brownfields Revolving Loan Fund (CBRLF). The focus of the Fund is to finance environmental
cleanups along the Colorado Front Range within these seven Local Governments as well as the
State overall. Each of the Local Governments was eligible for, applied for and was awarded by
EPA, brownfields cleanup revolving loan funds. In order to consolidate the administrative
requirements and to pool the available revolving loan funds, CDPHE prepared a coordinated
application to EPA for funding the CBRLF. CDPHE has also been awarded brownfields cleanup
revolving loan funds, making CBRLF available statewide.
The CBRLF Coalition was first awarded brownfields revolving loan funds in 2002. That grant
expired in 2010 and the associated cooperative agreement has been closed. Under the tenns of
that agreement, CBRLF was allowed to retain all repayments of principal, interest, and loan
earnings as "program income." Since the original award in 2002, CDPHE, on behalfofthe CBRLF
Coalition, has applied for and received several additional awards of brownfields revolving loan
funds from EPA. lt is the intent of the Board to use program income, existing grant funds, and
future awards and program income to continue operating CBRLF.
In general, CHF A and the other participants will be responsible for outreach and marketing the
CBRLF. CHFA will provide financial expertise for reviewing loan applications to the Fund.
CDPHE will provide the technical knowledge needed to ensure successful environmental cleanups
and help Local Governments review applications for consistency with CBRLF requirements and
assist the Chair in conducting business of the CBRLF.
This arrangement is shown in a graph as Exhibit 1.
CBRLF is envisioned to be a source of capital for cleanup of both publicly and/or privately held
property.
Due to statutory limitations, CHF A will serve as the fiscal agent for CD PHE, operating and
servicing loan and sub-grant agreements. Repayment of loan funds, including any interest and
principal, will be to CBRLF through CHF A.
Duration
This Memorandum or Agreements (MOA) becomes effective upon signature by the nine (9)
entities at the end of the document (Effective Date). It will automatically terminate on June 30,
2022. It can be extended in 5-year periods by mutual agreement of the signing parties, and its
effectiveness on a signing party can be terminated at any time, for any reason, with a 30-day written
notice provided to the Board by such signing party. Each of the Local Governments agrees to
appoint a person to the Board of Directors through June 30, 2022. In April 2022 the Board shall
review this MOA and make changes as necessary, and the participating entities can reaffinn their
desire to participate.
This MOA may be amended, as needed, by a unanimous decision of the Board of Directors.
Board of Directors
Organization
CBRLF will be administered through a Board of Directors as its organizational entity, with
members chosen from each of the participating cities and counties, CHF A, and CDPHE. The
Board will meet to discuss issues and make decisions regarding the use of the CBRLF. This MOA
prescribes operating guidelines for the Board of Directors.
Roles and Responsibilities
The Board of Directors may provide assistance with financial and environmental issues impacting
the sale, use, reuse, and/or redevelopment of both publicly and privately held property throughout
Colorado. The Local Government Board members arc responsible for: ( 1) attending scheduled
board meetings, (2) ensuring that projects funded under this program are consistent with the goals
and objectives ofCBRLF, (3) providing loan fund policy direction to CHFA and CDPHE, and (4)
providing assistance with development of applications for additional CBRLF grants .
The Board of Directors has the ultimate responsibility for approving or denying applications for
funding to CBRLF. CDPHE, acting as the ''Lead Agency" under EPA grants BL98811601,
RP9889970 l, BF98899601 and 2B97863101, must assure that the Board actions arc in accordance
with the terms of the respective cooperative agreements (each a "Cooperative Agreement" and,
collectively, the "Cooperative Agreements"). The Board must not spend funds except for their
intended use as defined in the Cooperative Agreements and the EPA Brownfields Cleanup
Revolving Loan Fund Administrative Manual (OSWER, EPA 500-8-98.001, May 1998) located
via Internet at www.epa.gov/Brownfields.
Brownflelds Board MembersCBRLF Members. Pursuant to this MOA, the CBRLF is currently
comprised of the following members: The City and County of Denver, the Cities of Commerce
City, Englewood, Lakewood, Loveland and Westminster; El Paso County (collectively, Local
Governments); the Colorado Housing and Finance Authority (CHFA); and the Colorado
2
Department of Public Health and Environment (CDPHE)
Board of Directors . The Board of Directors shall be comprised of one member from each of the
Local Governments and one member from each of CHF A and CDPHE. Each member must be
authorized, in writing, to participate on the Board and must be delegated the authority, by his/her
organization, to make decision necessary to conduct the business of the CBRLF, including but not
limited to, decisions regarding the use of funds available to the CBRLF.
Chair. The Board shall select a Chair who shall preside over all Board meetings. The Chair shall,
in consultation with other members of the Board, prepare agendas and facilitate Board meetings.
The Chair may designate a member of the Board to assume the duties of Chair in his/her absence .
The Chair will also distribute quarterly budget updates to all members.
Additional Duties. Board members shall perform such other duties and functions as may be
required from time to time by the Board.
Vacancies. Should the office of Chair become vacant, the Board shall select a successor at the
next regular meeting or at a special meeting called for this purpose.
Conflict of Interest. No member of the Board may vote on projects in which that Board member
has a direct personal financial interest in any contract or Brownfields Project, existing or proposed,
that may be brought before the Board. For purposes of this section, "financial interest" shall mean
a substantial interest held by a member, or member's immediate family, such as:
• an ownership interest in a business;
• employment or prospective employment for which negotiations have begun;
• an ownership interest in real or personal property;
• a loan or other debt or interest in business or real property; or
• a position as director or officer of a business.
To the degree a member of the Board has a preexisting actual or appearance of a conflict of interest,
he or she shall immediately disclose the same, in writing, to the Board, and such disclosure shall
be entered into the Minutes of the Board.
Meetings
Frequency. The Chair may, when he/she deems necessary, call a meeting of the Board for the
purpose of transacting business the Chair designates for such meeting. Such meeting shall also be
called by the Chair upon the request of two members of the Board for the purpose of transacting
business these members designate in the call for such meeting. No meeting shall be held unless
all Board members are given written notice a minimum of seven (7) days in advance.
Order of Business. At meetings of the Board, the order of business shall follow a written agenda
provided to the members by the Chair.
Quorum. For the nine-member Board, a quorum shall consist of five members, at least three of
whom arc local government members. If the number of members changes, the quorum will be
redefined by the Board. A Board member must be present either in person or by telephone to be
counted in the quorum. In the event of a Board member absence, that Board member may send a
substitute to participate and vote. Additionally, voting by written proxy will be allowed.
3
Decision Making. The Board of Directors shall have the sole authority to approve disbursement
of CBRLF funds for loans and sub-grants. The Board shall also approve tenns and conditions
associated with loans and sub-grants and make other decision related to operation of the fund as
appropriate. As a guiding principle, it is the intent of the Board to make decisions affecting more
than one member by member consensus whenever possible. In the event consensus cannot be
reached, a simple majority vote will decide the issue. The Chair, in coordination with CHF A, will
be responsible for conducting the day-to-day business of the fund, and shall have wide discretion
to decide a variety of issues related to loans and sub-grants that have been approved by the Board.
Any questions or decision that proposes increases of approved loan/sub-grant values or significant
changes to loan terms and/or conditions, shall be submitted to a vote of the Board.
Manner of Voting. Voting by the Board may be by acclamation, by ballot or by e-mail ballot, as
the Chair may designate.
Record of Decision. The outcome and reasoning behind Board decisions resulting in the approval
or denial of any project funding or other expenditure shall be recorded in writing and maintained
in adherence with Cooperative Agreement record keeping guidelines. Minutes of any other Board
meeting or action arc not required; such documentation may be recorded at the discretion of the
Chair.
Meeting Location. The meeting location will be at the Colorado Housing and Finance Authority's
facility at 1981 Blake Street, Denver, Colorado, 80202. When necessary, meetings may be held at
an alternate location as determined by the Chair. Meeting locations will be communicated to Board
Members in writing and noted on the meeting agenda distributed to Board Members prior to each
meeting.
Tenn of Office. Board members will serve indefinite terms at the pleasure of their respective
management.
Public Meetings. All meetings of the Board shall be noticed and held as public meetings in
accordance with the Colorado Open Meetings Law, C.R.S. §§ 24-6-401, et seq.
Changes in Membership
Membership in this program is expected to change over time. Current members may choose to
leave after achieving their community's brownfields goals. Other entities may seek to join the
coalition in order to benefit from the economy of scale offered by the existing CBRLF
infrastructure. The following sections outline how membership changes will be accommodated.
1. Exiting Members: Members seeking to leave CBRLF must submit their resignation request, in
writing, to the Chair and must give a 30-day written notice.
2. New Members: New members will be allowed to join CBRLF after submitting their request,
in writing, to the Chair and receiving the approval of the Board of Directors. New members will
be required to sign and abide by this MOA. Federal funds added to the CBRLF will be managed
in accordance with the applicable Cooperative Agreement, this MOA, and the CBRLF
Administrative Manual. Any non-federal funds and/or program income added to CBRLF will be
accounted for and managed separately. (Note: potential new members are strongly encouraged to
discuss CBLRF membership with existing Board members prior to submitting their CBRLF gralll
4
proposal to EPA.)
3. Membership Eligibility: In order to be considered for CBRLF membership, potential members
must have contributed to CBLRF either: a) an EPA RLF grant, orb) a public/private source of
funding equivalent to a CBLRF grant (minimum of $50,000.00).
Colorado Department of Public Health and Environment
The CDPHE agrees to perform the following duties with respect to this MOA:
l. CDPHE is the Cooperative Agreement Recipient, Lead Agency, and Site Manager.
2. CDPHE has entered into the Cooperative Agreements with the EPA.
3. CDPHE will process cleanup applications in accordance with Colorado's Voluntary
Cleanup and Redevelopment Act. Fees for the Colorado Voluntary Cleanup Program
(VCP) application review and approval arc to be paid by the applicant in accordance with
the requirements of that program.
4. CDPHE is responsible for assuring that all cleanups arc conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non-time critical
removals .
5. CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as required by the Brownfields Cleanup Revolving Loan Fund
Administrative Manual.
6. CDPHE will identify a Brownfields Site Manager for each site receiving a loan from CHF A
and conducting a cleanup under the VCP. The Site Manager wilt be an environmental
professional employed by the State. The Site Manager is responsible for overseeing
cleanups at specific sites including field visits.
Colorado Housing and Finance Authority
CHF A is under contract with the State of Colorado to act as its fiscal agent for managing and
servicing the loan agreements. As the fiscal agent to the State, CHFA will:
l. be responsible for advertising and marketing the revolving loan fund under the supervision
of the participating local government entities and the Board of Directors;
2. conduct the financial portion of the loan reviews and provide loan underwriting and
servicing as required by this program;
3. be responsible for providing the participating local government entities and the Board of
Directors with an assessment of the financial strength of each project, prior to final
approval of the project by the Board of Directors;
4. provide closing documents and disburse loan and sub-grant funds, as appropriate, to
successful applicants;
5. be responsible for managing the funds in the trust accounts, and revenues it subsequently
receives as loan repayments, in accordance with the Cooperative Agreement, applicable
laws and regulations, prudent lending practices, and the policies, instructions and directions
5
of the Board of Directors;
6. keep all records for each loan made for a period of not less than ten ( I 0) years; and
7. prepare and provide the financial portion of the EPA-required quarterly reports to CDPHE
at least one week prior to the reporting due date.
Member Cities and Counties
Member Local Governments agree to participate for a full 5-year period from the date of signature
on this MOA. In the past, both loan and administrative funds have been available for use by
member cities and counties. Currently, only loan/sub-grant funds are available to members,
pursuant to a successful application approved by the Board. Loan/subgrant funds available to
Member Local Governments and other applicants includes both existing funds and program
income. Member Local Governments agree to use or direct the use of existing grant funds
received, s, in accordance with the terms and conditions contained in the Cooperative Agreement
from the U.S. Environmental Protection Agency. Funds received from program income shall be
used in accordance with the terms and conditions contained in the cooperative agreement close-
out agreements between EPA and CDPHE.
Description of Funds
CBRLF is made up of several loan pools derived from various Cooperative Agreements received
from EPA. Each of these pools has different federal requirements, which mandate that they be
managed separately. A general description of each pool is as follows:
I. EPA Cooperative Agreement BL988l l60l is the original Cooperative Agreement that
established CBRLF. This Cooperative Agreement has expired, and CDPHE and EPA have
completed administrative close-out of it. Under the terms of this Cooperative Agreement,
CBRLF has retained all funds from repayment of principal, interest, and loan earnings, and
these funds arc considered program income. It is the intent of the Board to use these funds,
along with future program income, to continue operating a brownfields revolving loan
fund. Program income funds will be managed in general accordance with the requirements
of the original Cooperative Agreement.
2. EPA Cooperative Agreement RP9889970l was awarded through CERCLA Section 128(a)
State and Tribal Response Program. This Cooperative Agreement has expired and
undergone administrative close-out. Under the tenns of the close-out agreement CBRLF
has retained all funds from repayment of principal, interest, and loan earnings, and these
funds arc considered program income. It is the intent of the Board to use these funds, along
with future program income, to continue operating a brownfields revolving loan fund.
3. EPA Cooperative Agreement BF98899601 was awarded under CERCLA Section
104(k)(3). These funds require a 20% matching payment. The funds under this award
have been segregated into two separate loan pools: funds in the petroleum loan pool can be
used only at sites that have petroleum contamination, while a separate pool has been
established for sites contaminated with hazardous substances. The borrower must show
that it performed all appropriate inquiry before acquiring the property and that it is not
liable for the cleanup under CERCLA Section l 07. Sub-grants are allowed for up to 40%
6
of the funds awarded under this Cooperative Agreement. Sub-grants will be considered on
a site-by-site basis.
4. EPA Cooperative Agreement 2B97863101 was awarded under the American Recovery and
Redevelopment Act, and is intended to provide sub-grants to local governments and non-
profits. The Cooperative Agreement has expired and undergone administrative close-out.
All loan pool funds available under this agreement have been disbursed as sub-grants.
7
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment 5
City and County of Denver
Eric Hiraga, Director
Office of Economic Development
8
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment S
City of Commerce City
City Manager
City Clerk
Robert Sheesley, City Attorney
9
ignatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment 5
City of Englewood
TBD -Mayor \
Date
H)
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment S
Colorado Housing and Finance Authority
Cris A. White, Executive Director and CEO
Date
11
Signatures
Colorado Brownficlds Revolving Loan Fund
Memorandum of Agreement, Amendment 5
ATTEST:
Margy Greer, City Clerk
Recommended for approval:
Jay Hutchison, Director
Department of Public Works
Larry Dorr, Director
Finance Department
Date
12
CITY OF LAKEWOOD
Kathleen E. Hodgson, City Manager
Approved as to form:
Gregory D. Graham, Deputy City Attorney
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment 5
City of Loveland
Stephen C. Adams, City Manager
Date
13
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment S
City of Westminster
J . Brent McFall, City Manager
Date
14
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment 5
El Paso County
Darryl Glenn, President
Board of County Commissioners
Attest:
Date
15
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum of Agreement, Amendment 5
Colorado Department of Public Health and Environment
Dr. Larry Wolk, Executive Director
Date
CDPHE
Sile Manager
Draw Review/Approval
CDPHE
Receives and Reviews
Loan Application
Approved
Colorado Brownfields Revolving Loan Fund
Board of Directors
Initial Loan Application Screening
Approved
i
lorado Housi
Finance Aut
Colorado Brownfields Revolving Loan Fund
Board of Directors
Final Loan Application Vote
Approved
lorado Housi
Finance Aut
mitmenUDocu
Disbursement
l
17
Repayment
CDPHE
VCUP
Review and Approval
Declined with
Letter of Rejection
Declined with
Letter of Rejection
CBRLF
Purpose
COLORADO BROWNFIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT
Introduction
The purpose of the Colorado Brownfields Revolving loan Fund (CBRLF} as
represented by its Board of Directors (the Board) is to facilitate the reuse and/or
redevelopment of contaminated sites by making low cost funding available for financing
environmental cleanups. The funding source for this endeavor is a Brownfields
Cleanup Revolving Loan Fund (CBRLF) grant from the Environmental Protection
Agency.
Brownfields are defined as abandoned, idled, or under-utilized industrial and commercial facilities
where expansion or redevelopment is complicated by real or perceived en\ironmental
comamination. A major barrier to redeveloping Brown.fields sites in the Colorado Front Range
area is the fact that contaminated sites face not only the environmental challenge of cleanup, but
they also have marginal economic potential. Even in the gro\1,ing Colorado real estate market,
propenies are being avoided because of liability and cleanup cost concerns.
The Cities of Commerce City, Englewood, Lakewood, Loveland, and Dem.-er, the Colorado
Housing and Finance Authority (CHF A) and the Colorado Department of Public Health and
Environment (CDPHE) have agreed to cooperate and to create the Colorado Brown.fields
Revolving Loan Fund. The initial focus of this fund will be to finance en\ironmental cleanups
along the Colorado Front Range within the five cities. For that purpose, a coordinated
application for funding was initiated to combine funding in the ~ietropolitan area.
The participating cities have a "Right of First Use" for the funds identified in the attached budget
(see Exhibit 3) for their use in their political jurisdictions. Upon completion of the work plan in
the EPA Grant and upon closeout of the Cooperative Agreement (see Exhibit 2), the coalition
intends to continue operation of the loan fund. It will at that time seek to expand this program to
other areas within the State. New members may be added in the furure by submitting a request
for membership and signing an updated agreement that obligates the new members to a three year
membership under the tenns and conditions contained in this original ~Jemorandum of
Agreement.
In general, CHF A and the other panicipants, \viii be responsible for outreach and marketing the
CBRLF. CHF A will pro,ide financial expenise for reviewing applications to the Fund, the
Colorado Depanment of Public Health and the Environment (CDPHE) \\ill be the source of
technical knowledge needed to insure successful environmental cleanups: and local municipalities
,vill re1,iew the applications for consistency v.ith local planning and development plans.
This arrangement is shown graphically on Exhibit 1.
() (
The CBRLF is envisioned to be a source of capital for cleanup of both publicly and/or
privately held property.
Due to statutory limitations, CHFA will serve as the fiscal agent for the State, operating
and servicing loan agreements. Repayment of funds including any interest and
principal will be to the CBRLF through CHFA
Curation
This document becomes effective upon signature by the seven (7} entities below. It will
automatically terminate on June 30, 2003. It can be extended beyond the initial three
(3) year period by mutual agreement of the signing parties, and can be tenninated at
any time with 30 days written notice. The participating cities agree to appoint a person
to the Board of Director through June 30, 2003. ·tn April 2002, the Board shall review
this MOA and make changes as necessary, and the participating cities can determine
their desire on to extend their participation.
This agreement may be amended as needed by a unanimous decision of the Board of
Directors.
BOARD OF DIRECTORS
Organization
The CBRLF will be administered through a Board of Directors as its
organizational entity, with members chosen from each of the participating cities, CHFA
and CDPHE. The Board will meet to discuss issue and make decisions regarding the
use of the Fund. This Memorandum cf Agreement (MOA) prescribes operating
guidelines for the Board of Directors.
Roles and Responsibilities
The Board of Directors may provide assistance with financial and environmental
issues impacting the sale, use, reuse, and/or redevelopment of both publicly and
privately held property within the area where the Fund is administered. The municipal
Board members are responsible for: (1) ensuring that projects funded under this
program are consistent with their respective City development plans/goals and (2)
providing loan fund polic'I direction to CHFA and CDPHE.
The Board of Directors has the ultimate responsibility for approving or denying
applications for funding to the CBRLF . The Colorado Department of Public Health and
Environment, aciing as the "Lead Agency" under EPA grant BL9S8116-01-0, dated
September 29, 1999, must assure that the Board actions are in accordance with the
terms of the Cooperative Agreement (Exhibit 2). The Board must not spend funds
except for their intended use as defined in the Cooperative Agreement and the EPA
Brcvmfields Cleanup Revolving Loan Fund Administrative Manual(OSWER, EPA
500-8-98.001, May 1998) located via internet at YMW:epa.gov/Brownfields.
2
Brownfields Board Members
Members. The Board of Directors shall be comprised of one member each from:
City and County of Denver, Lakewood, Loveland, Commerce City, Englewood, CHFA
and CDPHE. Each member must be authorized in 'Miting to participate on the Board
and must have the authority to make financial decisions regarding the use of these
grant funds for his or her organization.
Chair. The Board shall select a Chair who shall preside over all Board
meetings. The Chair shall, in consultation with other members of the Board, prepare
agendas and facilitate Board meetings . The Chair may designate a member of the
Board to assume the duties of Chair in their absence .
Additicnal Duties. Board members shall perform such other duties and functions
as may be required from time to time by the Board .
Vacanc:es Should the office of Chair become vacant, the Board shall select a
successor at the next regular meeting or at a special meeting called for this purpose.
Conflicts of Interests . No member of the Board may '✓ote on projects where that
Board member has a direct personal financial interest in any contract or Brownfields
Project, existing or proposed. that may be brought before the Board. For purposes of
this section, ''financial interest" shall mean a substantial interest held by a member, er
member's immediate family , such as :
an ownership interest in a business ;
employment or prospective employment for which negotiations have begun;
an ownership interest in real or personal property;
a lean or other debt or interest in business or real property; or
a directorship or officer ship in a business.
To the degree a member of the Board has a preexisting actual or appearance of
a conflict of interest, he or she shall immediately disclose the same in writing to the
Board, and such disclosure shall be entered upon the Minutes of the Board.
Chances in Membership. Membership in this program is expected to change
over time. Current members may leave while other entities may seek to join. Current
members may choose to leave after achieving their community's Brownfrelds goals.
Other entities may seek to join the coalition in order to benefit from the economy of
scale offered by the existing CBRLF infrastructure. The following sections outline how
membership changes will be accommodated.
1. Exiting Members: Members seeking to leave the CBRLF must submit
their resignation request in writing to the Chair and must give 30 days
3
Meetings
C G
notice. The unused portion of any administrative funds allocated to the
Member will revert to the Fund to be used as deemed appropriate by the
Board. Loan monies will also remain within the Fund and will be
administered in accordance with this MCA and the Cooperative
Agreement by CDPHE.
2. New Members: New Members will be allowed to join the CBRLF after
submitting their request in writing to the Chair and receiving the approval
of the Board of Directors. New members will be required to sign and
abide by this MCA Federal funds added to the CBRLF will be managed
in accordance with the Cooperative Agreement, this MOA, and the
CBRLF Administrative Manual. Any non-federal funds added to the
CBRLF will be accounted for and managed separately. (Note: potential
new members are strongly encouraged to discuss CBLRF membership
with existing Board members prior to submitting their CBRLF grant
proposal to EPA.)
3. Membership Eligibility. In order to be considered for CBRLF
membership, potential members must have contributed to the CBLRF
either: a) received an EPA CBRLF grant. orb) received a public/private
source of funding equivalent to a CBLRF grant (minimum of $50,000.00).
Freouencv. The Chair of the Board may. when the Chair deems necessary, call
a meeting of the Board for the purpose of transacting business the Chair designates
for such meeting. Such meeting shall also be called by the Chair upon the request of
two members of the Board for the purpose of transacting business these members
designate in the call for such meeting. No meeting shall be held unless all Board
members are given written notice a minimum of seven (7) days in advance.
Order of Business. At meetings of the Board, the order of business shall follow a
written agenda provided to the members by the Chair.
Quorum. For the initial seven member Board, a quorum shall consist of five
members, at least three of which are City Members. If the number of members changes,
the quorum will be redefined by the Board. A Board member must be present either in
person or by telephone to be counted in the quorum.
In the event of a Board member absence, that Board member may send a
substitute to participate and vote. Additionally, voting by wri tten proxy will be allowed.
Decision Makino. There are numerous kinds of decisions that members of the Board of
Directors may be asked to make. As guiding principles, it is the ir:tent of the 802rd to make
decisions affecting more than one member, by member consensus when ever possible.
4
( ()
In the event that consensus can not be reached, a simple majority vote will decide the
issue.
Manner of Voting. Voting by the Board may be by acclamation or by ballot, as
the Chair may designate.
Record of Decision. The outcome and reasoning behind Board decisions
resulting in the approval or denial of any project funding or other expenditure shall be
recorded in ¼Titing and maintained in adherence with Cooperative Agreement record
keeping guidelines. Minutes of any other Board me9ting or action are not required;
such documentation may be recorded at the discretion of the Chair.
Meetino Location. The meeting location will be at the Colorado Housing and
Finance Authority's facility at 1981 Blake Street, Denver, Colorado, 80202.
Term of Office. Board Members will serve indefinite terms at the pleasure of
their respective City management.
Public Meetinos. The Board may, from time to time, hold public meetings.
Colorado Department of Public Health and the Environment
CDPHE is the Cooperative Agreement Recipient, Lead Agency, and Site Manager.
CDPHE has entered into the cooperative agreement with the Environmental
Protection Agency (EPA).
COPHE 2grses to make available to each member city administrative funds as
identified in Exhibit 3 for use by the city in implementing this loan fund pro!;ram .
CDP HE will process cleanup applications in accordance with Colorado's
Voluntary Cleanup and Redevelopment Act. Fees for VCP application review
and approval are to be paid by the applicant in accordance with the
requirements of that program.
CDPHE is responsible for assuring that all cleanups are conducted in a manner
that is not inconsistent with CERCLA and the National Contingency Plan (NCP)
for non-time critical removals.
CDPHE will review the Engineering Evaluation/Cost Analysis and write the
Action Memorandum as required by the NCP.
COPHE will identify a Brownfields Site Manager for each site receiving a loan
from CHFA and conducting a cleanup under the VCP. The Site Manager will be
5
()
an environmental professional employed by the State. The Site Manager is
responsible for overseeing cleanups at specific sites including field visits.
Colorado Housing and Finance Authority
CHFA is under contract with the State of Colorado to act as its fiscal agent for
managing and servicing the loan agreements . As the fiscal agent to the State, CHF A
will:
Will be responsible for advertising and marketing the. revolving loan fund under
the supervision of the participating municipalities and the RLF Board of Directors
Will conduct the financial portion of the loan reviews and provide loan
undeiwriting and servicing as required by this program
Will be responsible for providing the participating municipalities and the Board of
Directors with an assessment on the financial strength of each project, prior to
final approval of the project by the RLF Board of Directors
Will provide closing documents and disburse loan funds as appropriate to
successful loan applicants
Will be responsible for managing the funds in the trust accounts, and reven1.;es it
subsequently receives as loan repayments, in accordance with the cooperative
agreement, applicable laws and regulations, the policies, instructions and
directions of the RLF Board of Directors and prudent lending practices
Will keep all records for each loan made for a period of not less than ten (10)
years.
Will prepare and provide the financial portion of the EPA required quarterly
reports to CDP HE at least one week prior to the reporting due
Member Cities
Member Cities agree to participate for a full three year period from the date of signature
on this MCA Member cities have two types of funds designated for their use, loan and
administrative, as identified in Exhibit 3. Cities agree to use all funds received or direct
the use of funds in accordance with the terms and conditions contained in the
Cooperative Agreement from the U.S. Environmental Protection Agency.
6
City and County of Denver
Ron Bernstein, Director
City of Englewood
Thomas J. Bums, Mayor
City of Loveland
Signatures
Commerce City
Timothy Gagen, City Manager
City of Lakewood
Michael J. Rock, City Manager
Colorado Housing and Finance Authority
Roger Bates, Interim City Manager David W Herlinger, Executive Director
Colorado Department of Public Health and Environment
Jane Norton, Executive Director
7
0 (
EXHIBIT 1: Colorado Brownfields Revolving Loan
Fund Process Flow Chart
/
. -•-.: ....... -
.CO ·oept ofP~bri/.-:
--"'!I>~ . ;-.,Health & Environment. J
Voluntar/ Clean-up ·:
·?. __ ·:., ~-:. .. ~rc;ram . .· )· :=,
·.Receives Appllc:alion ~ .· .. :.: ~
Colorado Brownfields Rel/olving Loan Fund
Board of Directors
Conducts initial loan acolication sc:een ing
Approved
Oec!ined 'Nitti ◄<iE----Colorado Brownfields Revolving
Loan Fund Board of Directors
F1nal 'can approval
Ler.er of Re;ec::cin
.S:i~~ ·' ~ .
orado Housing
inance Authori
Issue Loan
/. -.
~ ..
~-
-!:.
/
C11c!ined With
~ Letter of Re1ec:ion
$$$$
~
111
"C
QI
'<
r-
0
~
EXHIBIT2
EPA ASSISTANCE AGREEi\'IBNT
BL988116-0l-0
RECIPIE~T COPY
;,•Q111 at
U.S. ENVIRONMENTAL PROTECTION AGENCY 1, ASSIS'i,1NC~ 10 NO. 12. LOCi NUMBE.~
E?A ASSISTANCE AGREEMENT/ AMENDMENT
cL~ea~ • s~,-0 08-oL-0C0
:I. 0.=.'i~~, .i.VIARO bt~ILINCi DATT:
PART I • ASSISTANCE NOTIFICATION INFORMATION ~'"' i , 199~ . i: ~ 1SSE
5 • .i.GAE!MEN'T TYP~ &, PAYMENT Ml:Tli00
c-_ .. _ X 0 ......... 011 ..... -..~ @ .ICl4 ...... -ACHOS02
Gum.ac,.....,... 1,-,.,,,_A__ I 7. 'iYP!:. OF .i.CTION
-'---'-,_A......,.._.. I FINANCIAL MANAGEMe:-i-:-r=;cG? • .:.M NEW ?FiCJ E•:7
a. RECIPIENT ! . .?AYE:
R COLO OE?T. OF FVSUC HE.4LTii la ENVIRCN COLO C:?t OF i=1..:EL!C HE.J,L TH AND :~VIRON
E
C HAZAr.OOUS MAiEF11ALS & WA57E MANAGEMENT ~00 C,-E.:;AY CF:::< DFIIJE SOUTr!
J ~00 CHE~RY CflE:K DRIVE SCUTrl OENVE:=;, co ac2~E-~S::O
p DE~NE:=I, CO 80246-15::0 I
E
N EINNO. I CONGAESSIQNAL OIS'T;!ICT 10. ;;e,::?IE~i i'Y?!:.
T ~-C&w.i39 ,AL!.. Si"A7=. ::OM',1CNWE..:.L'i:~. 7:?F. GOl/7
0 11. ?RC.!ECi 1.V.NAGL~ AND iEL:PHONE NO. 12.C:::NSULT-',Ni ~::-a,.-.,.,,
R O.A.NIEL SCHE?F:~S
G PROJECT MANAGER N,'A
1303) 652-339B
E 13. ISSUING CFFICE \CITY, Si.1iE) 1.a. ~=A .?!'iC.£:.' Si~ re 0Fi"IC£:=t .\NC i !~:"HCNE NO.
p US ENVIRONME~ AL PROTECilCN AGENCY cs-;-;::.;.NcE:=~ D .• ::pcJEC"" CFriC::=.
A GRAN7S, AUDIT & ?ROCUREMENi" SSS :a,~ Si?E:. Sl.!ri:: :CO
C U.S. !:?A, RE•31CN \/Ill, aTMS-G DE~NE~. CC :!C2~2-2t.€6 '3C3l 312,5931
0
N 999 i 8TH 57?.EET GCCCSEL!.. :E' /:.=LY
T DENVE=!, CO S0202·24S6 GFANiS S?:-:1/.L!Si (:?0:?) 312-o:07
;,, 1 5. !;?A CONGRESSIONAL !..1.A1SON I, ?HONE I '6. Si-', ii: APPL IC tc:-11...,_, 11 •. sc:ENCE ;:1ELO 118. ;:11;cJEC7 Si£?
C BAFe.-1F.A 3ROCKS, {202) 250·:6c0 NA NA r#NfTC.,n.vuc,t..,Qu-C•l'fl
'i NJA.
1 !. ST;,, TUTORY ~UiHORITY 20, REGU~iOAY AUiHCAl'iY I z~ . s-ra;i 2 -l " s,E? J (W'NT =-a .. -a • .,.
CERCL": SE•:. 104 40 CF:=I ?TS 31, 35 SU5?i I .. 7-,,u .... I I
.~IA I I 0 ._,_r_
~ :'rwlPMffl ,.,.... I ' I • •••--• ,_._..., I ' 22. ?RO.!:.Ci,m:.iNO OESCnlPTION SF;GWNF!Ei.JJS ;::.evCL'JING ~c;. .• ~ Fi.IND· COLOFAi::0 COAWTiCN
n. ?ROJECT LOCATION ... ,...,.~ .. ~-~
c:.r,,,i-lc-y 15~ 1c-,_,0.......,
DENVER
. . DENVE~ co ALL
-:?.t . -',SSIST.i.NCE ?AOGR.\M 1c1VA "fllCl""'•a., ':lllet 65.B111 :Z.S. PROJECT P:iUOO
Ercwnfield Pilots Coccerative .4.;reemer.ts 09/25/99 -oe1::o,c2
12!1, BUDGET P:i:IICO
09/29/59 • 09/30/02
27. COMMUNITY ?CPUUTIOH 12s. TOTAL !.IUCGEi' PERICO c:osr I;:,. iOT.AL PROJE-.:7 ?!:..'1100 COST
r,twr c--a,,-o..,, NIA S1,iClO.COO Si,iC0,000
FUNDS FOFIMEi'I AWARD i l-'1S .I.C,ICN :.1,\:"IOE!l i OTAL
;II, ,,.,. .. _"'~ .. .a-so 5 ~ -co.:cc
)I, Vl1.....C;,._.l.....,M 0 0
l:. ~ ...... "" .. ,,,.., ., .. , , ....... 0 0
::. .:u.w~ ...... , .. ,... 0 0
:.c. ~_...,...,. c .. "'"...,..,. 0 0
:.I. SLtt•C_,..,._ 0 i)
~laatC-,,,-, 0 0
:::. :t-"'"" ~~ 0 0
:.L 1.u ........ •-.,.ac.... so s u cc .:co
:a. S1111 Nlll:lf Doi.:irnenl fY ....... r '"•" ;,rc,;nr:i f t:1ec: s,:e i'rojeet b C.Mt Cbll;.:itlan
F Control r,;anl:::nlan E!1m1111 Ct.:iss r;;anl:.2llon Oeobllg:11110
I Numbet
s 'J1) SCRL~ • COLOF.ACO L5FC09 99 T OBLCD .so,oec r i .8: 0cC0OLOO cco, 1,700,000
C COALITION A
L
l!PA /.,... r.»:-,.a. c ..... S-C. .11...,... ..,..,... _......_ •• U• ,_,_ ffall.tA.I C...,... D, , ..... .__,. •'•........,
PART 11 -APPROVE::> SUOG~T
SIT? NAME: !SC~L.= • r-otCA,100 coi "~H -. ASSISTANCE 10E(l CA ilON· !ll91111 SJJ1-0 Paqe z ar s
TASL! .\. OSJ!Ci' CL.ASS C.l Ti:GOAY TOTAL APPROVE!:> AU.OWABL: ·"·-....... BUOG!T PERIOD COST
I. P!nSONNE!. S20.6S9
2.. FRIH0c !IE"EFITS 3,745
3. TRAVEL 0
.&, !CUIP'dENT 0
5, SUPPUES 4-i
5. CONT'iUC'iUAL 1.649.000
7. CONSTnUCilOH 0
a. OTI-IE.=1 1.040
I. TOTAL .MFIECT CHARGES S1.674.521
IO. INDIFIE·:T COSTS: RATE , !!ASE SE: . .\P 0 25.J.79
t 1. TOTAL (Share: Flecipient _.Q;,QQ "fo F~eral ..1QQ&Q ..._, S1,700,000
12. TOTAL..\PPFIOVE:J .\SSISTANC; AMOUNT I S1,i00,000
TABU !I· PROG;;:.M EU!ME.'fT CUSSIFIC..\TIOH
111--1
I .
2.
3 •
.a.
5 •
••
7.
a.
9 .
10.
11.
1:!.. ';'OTAL (Share: Rectau!nt ~ Fecerat ~I
13. TOTAL ..\PPROVE::J ASSIS'i:ONCE .lMCUNT
iABL= C. PROGRAM E~MENT Ct..ASSIFlC\TION ,~-,
1. ,\OMINISTRA TtOH £XP!.:NSE
2. PFIE!.IMINAAY EXP!NS!
3. LAND SinUCTUAES, R10HT-OF•WAY
4, AACHITECiURAL EHGINE::IING BASIC F!:S
5. OTHE.n .\RCHl'T?c:7\JRAL EHGINE;;;IHG !"!:ES
I. PROJECT INS?!.:CTIOH F!ES
7. LANO OE'IELOPMENT
I. FIELOC.2.TION E:tP!:NSE
9. RELOC:.TlON PAYME.'ITS TO INDIVICUALS .\HO !IUSINESS
10. OEMOUTtON :.HO REMOVAL
11. CONSTRUCTION ANO ?FICJ!C7 IMP!iOVEMENT
12. ECUIPMEITT'
13. MISC;!..!...ANEOUS
I.&. TOTAL u-, 11,,v,:1
15. !SilMATI:::J INCOME ~ ~•
I 5. HET PROJECT AMOUNT u,,o u -111
Ii. L!SS: 1NELlG18LE E<CLUSIONS
1 I. ,'00: CONTINGENCIES
19. TOTAL (Shere: Fl~lpient -~ !":der:il -~)
20. TOT.l.LA?PROV!:!:I ASSISTANCE AMOUNT
.. ,. ... .,... ,:a.,:s.. ,._ ~
.
PART Ill -AWAAD CONDITIONS ( ) ASSISTAHC~ IDENTIFIC\ !( ,J.I .iiil!=:i'filil1ti::6-0s=='~i::r-.--...;..P•:.!;:;.•.;;,l ,::ol~5
TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS
1. Tne first round of loans need to be dispersed to each community as
listed in the application, (i.e., Lakewcod, Englewood, Loveland, City and
County of Denver).
2. Tne ln.ersovernmental Agreement, Bylaws and Guidelines need to be
reviewed by the EPA Projec. Officer prior to finalizing.
3. Rscipient needs to include with th~ quarterly report an attached updated
Browr.frelds Management Summary Report. Recipient is also
encoura~ed to report ac.ivities undertaken during the repol"iing period
that are not funded by E?A, including leveraged a~lvities, if t."'ley
cc~urred as pan of tne Pilot's broader Brownfields redevelocment and
reuse eftor.s. Tnese activities should be c!early identified separats;y
from any ac.ivities dire~ly suppcned by EPA funds.
HOTEL AND MOTEL FIRE SAF:iY ACT 1990
4. Tne recipient agrees to ensure that alJ space for conferences, meetings , conventions,
or training funds in whole or in part with Federal funds complies with the Hotel and
Motel Fire Safety Act of 1990.
RECYCLE PAPER
5. Pursuar.t to EFA Order 1000.35, dated January 24, 1950, the r~clpient
agrees to use recycle paper for all reports which are prepared as pan of this
agreement ar.d delivered to the A~ency. This requirement does not apply to
Standard Forms. These forms ars printed on reryc!ed paper as available
through the General Servica Administration.
M6EJWBE NEGOTIATED GOAL-STATE ENVIRONMENTAL AGENCIES
6. In accordance with EPA's Program for Utilization of Small, Minority and Women's
Business Enterprise in procurement under assistance programs, the recipient agrees
to:
a) Ac::ept :lie applicable FY i 998 "fair share'' goal negotiatsc: with:
%M8E
Perscnal Setvices 5.8
Equipmem 5.2
Supplies 5.2
Ccnstruc:icn 5.6
%WBE
3.2
3.3
3.3
3.3
b) Ensure to the fullest extent pcssii:1e that at least a~olicacle "fair share" objectives
cf Federal fur.cs for prime contrac.s dr subcomra~s for supplies, cons,ruction,
equipment or services are mace available to organizations owned or controlled by
rP_A_AT_1_11 _-_Aw_A_A_o_c_oN_o_mo_N_s ___ ( ________ As_s_,s_;.,__,._c_!_10_e_NT1_/_ ,l,;.TI;.;,0;,.;;N:-=e=u=ae;,::::i:111-4::::::::::'="°----P..;;etJ.:.;e;...-'..;;a;;.;r is:.
socially disadvantage individuals, women and hisiarically black colleges and
universities.
c) Include in its bid documents the "fair share" objectives and require all of its prir.~a
contraCiors to include their bid documents for subcontrac.s the negotiated fair share
percentages.
d) Follow the six affirmative steps stated in 40 CFR 30.4(b), 40 CFR 31.36(e), 40
CFR 35.3145(d). or 40 CFR 35.6580, as appropriate.
e) For assistance awards for continuing envircrimenta! program and assistance
awards with institutions of higher education, hcsF=ital 2nd other ncn-prcfrt
organizations, submit EPA Form 5700-52A, "MBE;WBE Utilization Under Federal
Grants, Cooperative A9reement and lnteragency Agreements" to the EPA Award
Official by Oc.ober 30 of eac?i year. Other prcgram repor.s must be submitted to the
award cfficlal within 30 days of the end oi the Feceral fiscal quarter (January 30, April
30, July 30, and October 30).
ij In the svent racs ,me/gender neutral effort , • rcve to be inacequate to achieve a fair
sh2re objec:ive for M8E!WBEs, the recipient agrees to notify E?A in ac::vance cf any
race and/or gender consdous acjon it plan to take to more clcsely ac:iieve the fair
• share ot::je~ive.
SEE ATTACHMENT 8 FOR BROWNFIELOS REVOLVING LOAN FUND TERMS AND
CONDITIONS.
-ASSIS7.:.Nce IOENTIFIC.\( ,'I• 9L9Ht u;--,1 ..1 P■Qe 5 of 5
SP!CIAI. CONOmONS 1~
PART IV
NOTE: The Agreement must :,e completed In dupUc:11■ and th• Orl;lnal returned to the Grants .:.dmlnl11ra11on OMslon lor HHdquanen
awards and to lh• apptaprfate Gr1nt1 .t.dmlnls1tatlo!'I Ctftc:e for State and loc~I awa,c:s 'i'lfthln l c:.alem!ar wHka 1ne, rec:alpt or
wtltlln any utenslcin of llm• H may be granted by EF"'-
Flec:elpt cif a wrtnen rrtusal cir fallur■ tci ret11rn the properly exec:i.ntd document whhln th• prnerlbed time, may result In the
wtthdrawal al the olfer by 1110 Agency. Any change lo lho .t.gr■-111ent by the rec:lpltnl substtquent 10 Ille document being signed
by the !?A Award OfflNI, ~hk:11 the Award Offlclal detcrmlne"S 10 ma1erlally 1l1cr the AQrHment. 111111 void tllt Agreemcm.
OF!'!R .I.NC ACCE?T.:.NC~
Th• Unrted Sllatn al America, acting by and lltrou,;h the U.S. E:111lrcinmental Prolec::lon ,'.gene-/ (E?A), henrby atlen
aulmnce/1m11ndment to th• co~o QE?T. OF PUB UC HE.AL~ l. E~VIFON
nEC:PIEN I OAGARIZX, ICR tor 100.00'!1. ol all approved
1.100.000 c:osu 1nC',ltfed up to ind not acffdlng $
ASSISTANCE AMOUNT
for the suppon of approved budget period effort described
ln ■ppllc:atJon (lncludlng all appllc:.:nlon modlffc::sllon1) ched In Item :Z:Z al lhls Agrnment
08/17/99 SnCWNFiELOS i=IEVOLVING LOAN FUND· CCL:iPADO CO CJ:Tc: ANC Tl, a: , lnctud ■d herein by referanc,.
ISSUING OFFIC! ,__,,. __ AWARC APPROVAL OFl"IC!
OFIGANIZATIOH / AODR!SS ORG.t.NIZ.\oONIAODAESS
G~.ANTS, AU□rr & PROCUFiEMENT GPANTS, AUDIT & PROCUREMENT
U.S. =.::iA. FiEGION VIII, BiMS-G US E?A, REGION VIII, STMS-G
999 lBTri~EET 595 1 STrl Sij:;E:i, SUITE sea
DE~NE~. C01l!0202-2466 CENVEn. CO !!0202-2~66
-I I II i!HE•UNITED !:T.\ i'!S OF .l.ME~IC.t. !SY i'HE U.S ENVIRONMENi .l.l ilROT!CTION .\CENCY
SICNA~ OF AWARD fiF.tC~
? i.1/ A ✓/J ///:
I rrPec NAME AND mu WAYNE ANT~OFE:i,OIF.ECTOR
Gi=.ANTS. AUOIT l. ?CCCUFEME'JT ?ROG?.AM OFFICE I !ffl-r.
~ 79S~
This ■ su~ to appll~tlle U.S. Envlronmen~I Prat.don .:.gency s~111111cr-f i:rovl1ion1 •nd 1salst1nc ■ te«JUl■dons. In
occeptlng lh(s' award or 1mencment ~nd any p11yments mac!a ;iursuant thereto, (1 I the undersigned rtp1e,11nts 1h11 ll• ls duty
authorl:ad t~ act ;:in behalf ol th• rec:lplenl org:ani::1tlcin, and (2) the recipient a;r"'" l •I :n■t tlte ew,ard It suo)ec:t 10 In•
appllc:>ble provisions ol .ao CFA Chapler I, Subchapter S and of the provisions al lhls agreement (P ■rll I tllru IV), and (bl lh■I
■ecep111nce al any p1yr.,ents ~onstitutes an a;reernent by the paye. 11111 tne 1moun11, i1 any found by Ei'A to have be1!n
overp■ld will !:le retunded cir credited In tu:l 10 EPA.
BY :.NC ON SE!-!ALF OF iHE OESIGNA TE!J nECIPIE~T ORG.\NIU. TION
S&A.URE/ I rtPED NAME ANO TITl~ JANE :. NORTON I CAT! ~-;".•.•/~ EXE:UiWE OIFiECTOFl //I ' t.' I c;,;-......
Model BCRLF Tenns and Conditions
J. GE:"IERU FEDER.AL REQUIREMENTS
A. Feder.ii Policy :iad Guid:ince
"In impleme:iting the demonStration pilot, the cooperative 3greeme:tt recipient shall
consider E.OA 3uidanc: for the BCJU.F program as wrine:i in the SCRLF Administrative
Manual, dated ~la>· 1998, including any upd:ues made: to the Adminin.-:nive Manu.il and
all other F:dc:-3I brownfields policy lll!d guidance. Applic:ible statutes and regulations
ta.Ice prec:denc: over any desc:iptions contained in the manual. Applic:iblc mrutes and
regulations include, but ue not limited 10, CE.'ltCL.\, 42 USC.-\ §~ 9600 I to 96iS; 40
C.F .lL Pm j I (Uniform AdminiStr.ltive Requirements for Grants and Cooperative
Ag;e:r.ients to Sute a.'ld Local Governments); 40 C.F .R. Part 35, Subpart 0
(Coope:-ative Apumenu for Supe:fund Response Ac:ion); and .!Q C.F.R. Part 300 (the
NC?)."
B. Cross-Cut1i11g Feder.ii Requirements
Cros.r-c-.111ing requiremtnls are those which, ir, ca'tiilion 10 CERCLA. and associo1ed and
admimsrra1ive au1hori1ies, are applicable 10 the BCRLF by operi::1ion of stalutes, uec-.1tive
orders, and regulctions other 1han CERCLA. and a.uociated adminisrrctfve au1hori1ies.
Environmental
F~de:-:z/ 1rrvironmental requirements will bt idtn1ified and applied on a site-b_v-si,r basis as pan
of the BC.'U: rtSponse ulec:1ion process. Tntrtfore, environmental s1a1utes, uec-..ttive orders,
and regulations have !!Q! bteri included in 1he list of applicabll! :ross-c-..111inr requirements (see
the BCR.I.F Admini.srrative Manual Section IX~ .• Applicqble Crass-Cuuers) ac:ept as they relate
to specific social or economic: issues. See the BCRLF .-ldmini.srr:ztive .\tfanual Section Y .B.1.(c)
Rtouir!mtrrtS 0(01her ~nvironmenral laws /i.e. .•HY&I for a di.sc:asion on the applica1ian of
environmental laws to BCRLF response actions.
SiJcial and Economic:
"The coope:-:itivc agre::nent recipient is resjlonsiblc for :omplying with all applicable
cross-cutiing rcquiremcnu . EPA has developed a lis. oi c;oss-.:uning requirements th.tt
may apply to the BCRJ..F {see the BCRJ..F Adminis..-at ,ve ~lilnual Se:::ion IX.3.1., Soda!
and Ecor.omic Cross-,;utters for a tis: of cross-cuning ~=qu1r:m:nts). Additionally, other
cross-cuning requirements are ref~renc:d in Sundard rorm 4~JB, entitled "Assuranc:s
Non•Cons:ruc:ion Programs." Tne cross-.:urting lis: :u;c Stand:ird Form 42-1B may not,
0 0
however, identify .ill c:ross-cuning requiremcnu, and the c:oope::uivc :igre:me:1t r~ipicnt
is not relieved from responsibiliry for complying wit.i 3 crtJss-.:uning require.'11cnt
bec::iuse it is not included on the c:ross-euning list or Sund.inf Form 424B. Tne E?A wiU
provide 1dditional guid:inc:c on the :ipplic::ibiliry of specific cross-cuning requirements if
~quested to do so by the cooperative agrc::ment recipienL"
.. Coopc;:itive agreement rcc:ipients 3l!o MC :csponsiblc for ensuring that bor.owc:-s,
including borrowers rcc::iving non-BCRLF loans guar:,me::d with BCRL= cocpcr:itive
agreemc:11 funds, comply with all applic::iblc c::oss---.--uning rcquire:nents. A term,
condition or other legally binding provision relating to cross-c:.ining requir::nents shaJI be
included in all loan or financial assisu.nc: lgrcc:nenLS entered into with funds provided
under a BCRLF coopcr:itivc agrc::mcnL Tne c:ross-.:uning list md Standard Form 4246
identify c::-oss-.:uning req 1Jir~m1m1S th:?t may be applic:ible to borrowers. Tne :ross-
c:urting list and Stand:ud Form <1248 may not, howe..-er, identify all cross-.::ming
requirements, and :he c:oopmrive agre::me.'lt :ecipic:u is not relieved from r:sponsioiliry
ior ensuring that borrowers comply with :i c.oss-c-Jtting rcquire:ne:u bec:!use it is :iot
included on the cross-.:urting list or Swid~d Form .i:.;B."
"Cross-.:uning requirements :ipply 10 lo:ins :h:it ar: funded unde:-lhis coo~r:itive
aaee:nent in combination with non-F::de~I sources of funds, and to loans awarded as a
r~lt ofBCRLF loan guann1c:s, to the ::tt::n of the F::der:il ?uticipation in the loan.
Cress-cutters apply not only 10 the initial !oans made with Feder.ii funds but also to
subsequent loans made with prog..un inc:cme de:ived from Feder.ii paniciparion in the
fund. Within 90 days of the. date of :iwani (i.e., the c:ooper:itivc agreeme:tt SWt date), the
c:oope:·:uive agreement recipient shall advise the U.S. EPA Projee; Officer of the :ipproach
for ensuring compliance with c:i-oss-.:ai-jng_requirements applic~ble to this c:ooperative
agrecme:it."
Cooper:ztivt agrttment rtcipitnts may tclce one of tht cpprooc:hes li.sted below ta tnsure tr.at
cross-c-.ming rtquirement.r :rrt met:
a. Jnclur.!e a 1trm or condition ;n the !ocn agrttmtnt which will rrquirt tht
borrower to maintain rtcards wi:ich segrtgcte aptnditures from Federal and
non-Federal sources. Tnt cross-..-.min6 rtquiremtnts app(v to tht Ftdtral
cp1mdi1ures.
b. Use an ··tquivalenc::1" approcd which rtJ1ec:u the amount o/Fedzralfunding
included in the cooperati-Je agrnment rlcipitnt's. loan pool. T'ru cooptra1;ve
agreement rtdpitnt has the di.sc.·etion 10 choose which loans are subject to the
cross-c-.iuing rtquiremlnts as long cs the c:ross-c-Jtters are applied in proportion
to tht amount of rtducl funds in 1he cooperative agreement re~:pitnl ': loan
pool. An a_cpropriau term anti cor:cilion shall be included in ail loans subject 10
cross-.::111ing rtguiremer.ts.
c .. -tp_cly the cross-c:111:ng re~ui,.emenrs to cl/ loans funded :mdtr this
cooperali7e agretmtnt. An c;prcpr:cu zu:n ar:d condition she!/ be included in
all JocM s:ibjtct to cross•C-Jttfr.g rtquirtmt:rts.
"Tne .:oope::1tivc :igrc::nent re::pic:it !:iall ccmply with the Davis B:iccn Act of l 9j I.
Pun:.ilnl to CE~CL.\ I 0..:(g)( 1 ), the D:i·:is 3:ic:::,n Ac:: applies to cons.ruc:ion, repair, or
(-
altcr:ition work funded in whole or in p:sn with BCRl.F loC/ or gu:ir:inteed with BCRLF
funds. A te."'m :ind condition ensuring that borrowers comply with the Davis Bacon Act
sh:ill be included in lll lo:in lgreements m.idc with BCRLF funds ?rovided unde: lhis
coopcntivc agreement."
C. St:ile Agreemeots
In accordanct with-10 C.F R.. JjS.610.S(c), BCRLF cooperative agrttment rec(oients must obtain
and forward 10 tht U.S. E?J writun agreement from the stall! that tht cooperative agretment
recipient may ass:imt rht fead rtspansibiliry for rrmova/ activity at a partic-.1/ar 1ite. rne 1tate
may agrte 10 ,:aoptratrve agretmtnt rec(ozent lead removals on a Jite-by-sitt or programmatic
basis. This reouirtment is in addition to. and dfrtincr :1-om the !nre~gaver;menral reyiew under
JO C.FR. Part 19 rtau,rtd ro initia,e rhe C'OOQl!N:tlve gerttmtnl (ste, .\tfoce/ BCRLF Terms and
Condi/ions, S1u:rion J.D. [n1er1ovtnime~1al Review}. If such en agrttment :::nnot be obtained
prior to cooperari-.·e agrremtm signat:ire, 1hen tht following parcgrcpn m:.:st be included in the
caopercrtve agretment .
.. Prior to incurring 1ny c:os:s unde:-!.his :cope::11ive Jgre:me:it l!scci:sted with a given
site, the: rei;:pic:it sh:ilJ obuin, md shall iorw:ird 10 the E?A ?:-oje~ office::-, wrine:i
3grecment from the: Sute :h:it the recipient m:iy :issumc: the: le.:d :esponsibiliry for
rc:mov:il :ictivities lt th:u site."
D. Intergovernment:il Review (Under Feder::il Grants Regul:irions)
E?.4 Htadquar:rrs Grcnrs Office approved 1his appraach. Tite inttrgovemmenu:/ rnitw should
be completed cu pert of tht application pac.'cage befort the award i! signed imlus unusual
c:ire-.1mstanc:u prevent the completion of the process. If ir is nor, pl test inc:lude the following
condition in tht :ooper:ztive agrec:mtnt:
"Propose:s :ire resFonsible for contac:ing their S1:ue lntcrgove:. .. -::enul Review Offic:
(single point of c::mt:ict) to initi:itc applic:ible review processes :is soon as possible after
receiving notific:ition oi ime:u to :iward (see 40 C.F .R. Par. 29). If no Sute
lntergove:-:unenul Review Office exis-..s for a given sute, or if !he st:ite has not selected
the BCRL'= progr:un for review, proposers .1re responsible for tlistributing information
about their prospective :ipplic:ition to each relevant reviewing 1gency. BCRLF
applic::idons :ire subje~t to §204 of the De:nons~tion Cities :inc ~ec-opolit.3Jl
Development Act of 1966 (see 40 C.F .R. §:!9 .S(c})."
"The sun of work sh:ill be delayed until the intc:gove:nrnenul :eview process is
compli:ted. Tnc process is deemed complete if the reviewing l@e:icy hiLS had a 60 day
rc·tiew pc:icd, or ?tnvides comme:tts prior to the t::<pir.ition of :.,is j>C:-:od. If comlllcnts
requiring 1 response by EPA lrc: provided, then the process is de:m~d complete when the
comments are resolved.
E? • .\ resc:-,es the right 10 resdnd :in award and de -obligate fu::clng based on comments
r~civc: during the: inte:go,..cmmenul re•;icw."
( r
U. GE:-IERAL COOPERATIVE AGREE~lENT
A.DMI:'ilSTRA TIVE REQUIREMENTS
A. Subst:aati:11 EPA Involvement
It is t::ptcted tl-JJt Ei'.-1 's dtz,tt of involvement wi/1 >Jary bastd on the /t!'1tl of t::ptrienct and
uptr:ise of tht cooperative :igrrtmtnt rtcipitnt lo im.o/emtnt cleanup end fimd management
rtquirtmenu. Tne following language may need to be modifttd to cccount for regional and pilot
differences:
"The U.S. E?.~ 3n1ic:pilles being subsuntfally involved in ove:-se:ing and monitoring the
BCRU~ progr-mi. Subruintfal involvement by the U.S. EPA gene:alJy coven such
activities as: monitoring; review 2nd approval of proc:dures for site ilJld loan recipient
selection; re·1iew or approval of project phases; approval of sub!"'..mtive tenns included in
contr.tcu; 1nd ove:-se:ing operational mane:s. Substantial involvement by the U.S. E?A
includes reviewing financial llZld environme:ual status ;epor.s, approving site-specific
Community Relations Plans and quafiry assur.mc: projec: ?lans!sarnpling plans and
ensuring that all e:tvitoMJe:uaJ cle:mup ac:ions initiated under th: BCRLF program :?r:
conduc:ed in 3c::orc~c:: with CE.~CLA and consir.enr with the NCP."
"Tne U.S. EPA is responsible for monitoring BCR!.F piiots' fulfillment of all reporting,
recordke::ping, and other program requirements."
B. Approved Devi3tioa Request
Approvtd dtviatian rtquuu art altached. (set th, !lCRJ.F .4dminisrrarive .Wcnual Apptndi:: H.
.-loprovcd Deviation Rcaue;t).
C. Iosur:ioce Cover:ige for the Cle:iuup
"The cooperative :igre:ment recipient may ;,urchase insurance, including enviroMle:ttal
insurance, if the expense is incident:il to cosu it incurs as a le.id agency associated witb a
specific loan ;igre::nent or site cle:inup. Purchase of environmental insuranc: by a
cooperative :igrcement recipient is subject to the IS perc:nt 3dminiSlr.ltive coSt limit."
"Tne coopc:a1ive 3grc:ment recipient may allow borrowe:-s to purchase insurance,
including environment3l insura.nc:, if the e:q:cnse is incidenul 10, and associn1ed with
BClli costs it inc:irs for site-specific cle3nup ac:ivities (e.g. workers compensation).
Incidental insuranc: purchased by a bor.-owe:-is not counted against the borrowcrs's ten
pc:-c:nt limit on Jdminis.ntive costs."
"With U.S . E?A lpproval, BCRLF funds may be used by a borrower for the sole purpose
of purchasing environmental insur:mce ii the purchase of such insurance is necessary to
c:UTy ou1 01her removal 3ctivi1ies. Removal adviucs associ:11ed with BCRLF funded
insur:inc: must be c:irried out in acc:ord:inc: with the terms and c:ndiuons oithc
coopentive .igre::ncnt, CERCLA, .ind the NC?."
U.S. Ei'A Regions mus, receive E?A headquarters approval in order 10 ouihori:e rhe we of
BCiU.F fonds for the sole pur?ose of purchm ing mvironmental insurance.
D. Coopcr:idve Agreement Recipient Roles :and Respoosibilides
"Tne coopemive agTe::nent recipient is the "lc:id .1ge:acy" as defined in the NC?. The
le:id age::c:, is responsible for ensuring :hat BCRLF response ac:ions ue conduc:ed in
conformance with CERCLA, the >SCP, .ind :he :e:-:ns !lld conditions of this cooperative
aye::ncnt. As lhe lc:id .1g:r.c1, the cocper:itive ag;:erncn1 redpient is also responsible
for designating :i qualified gove:nment :::,ploye: u a "brownfields sit: man:ig::-" to
coordinate, dir~:, and oversee BC!U.F rcspcnse actions at a Fanicular site. Tnc
browr.fields site man:iger is lJl on-sc:::e coordinator (OSC) and is respons ible icr
Qrr/ing out the OSC duties des:::-ibed in Ute ~C?. Tnc coope~tive :ig.e::n,mt recipient
m:iy ac:;uue or otherwise ::ng:ig: the se~1ic::s of other entities that have e:tpe:-:e:ic: with
ovc:sc::ir.g and c;u.:,ing out cnvironrnl'!nul response 3Ctions to usis: it in its ~:ii:,:11:icy as
le:id :1ge::c::1; however, the role of .. le:id age:ic;/' C!Wl0t be :i.ssipied or delegami to any
enmy othc:-than the cooper:itive :igre~:nent :e:ipic:iL "
"Tnc c:oope::uivc :igre:mcnt recipient sh:ill ac: ~ or enlist the se.--vic:s of a .. fund
mam1ge:." Fund m31l:ige:ncnt responsibilities include those related to financ:al
man:ig.::nent of the cooperative :igrc::mcnt ,cc:pient's loan program. The coopc:-.itive
agrc::nent recipient may ilcquire or 01.ier.vise eng:igc the servic:s of other entities :hat
have :::tpc:ricnc: with fund m:uiagc:nent Jdvities to assist the coopcr:itive :igr:::ne:n
rec:pic::t with fulfilling its fund m:m:11e::1cnt :-esponsibilities; however, the ccoper:uive
ag;-e:::nent recipient rc:n:iins :ic:countable to £.':>A for the proper e:tpendirur: of
ccopcrathc agr::ment funds ."
"Tne cocpc::uive :igre::ment rceipient shall ensure that BCRJ...~ bor.ower.; c:ompiy with :111
iede~I and sute requirements :is well as :he intent oi the BCRL.F progr:un . Tne
coope:-ative .igrccment recipien t sh.ill ensure that the le:id Jgency, the brov.-r.fields site
manage:-, and the fund m:magcr consult with c:ich other prior 10 any fin.ii loan decisions
and as loan a~e:mcents ;ire developed 10 ensure that all BCRLr .:nvironrner:t:?1 response
requirements wi!J be: met :ind that BC::U..F funds :ire used .)nly for authori~d ac:ivities."
"Tne coope:-:itive Jgrc:mcnl recipie:11 sh:dl ente: into lc~ally lUthorized wrinen
commitments (se:: Sc::tion IJ.G. Wrincn Comments) to obuin the se,,ic:s of other
~~:ilified Jgencics, org:miutions, or individuals. Nlltwiths:.1ncing any suc.i wtinen
commione:11. the: Coopentive ..\g::::':lcnt recipient. remains le3ally resi:onsible for
car.::ing out .ill the terms :ind condi t,cns .Ji :he c:oopcer:itive agre::n.::n 3.nd c:crnplying
with C:RCL-1. wd the >SCP."
£. Wrirn:n Commitments for Fulfillment of Cooper3tive Agreement Terms
C C
Any rrrrruacr,on involving the rron.r/er of coofHrativt agret:ntm /llnds (with the ac,ptian of
loans) 10 acquire goods and ser11cts musr comply w11h 40 C.F.R. §JJ.6!J0 through §jJ.66/0.
Cooptrati'lle agretmtnt recipients may use conrracts or, when appropriate. in1trgovernmental
a,reemenrs as defined by -10 C.F.R. fJJ. 601 J (a) ta obtain ntcusar; gaocu and servicu. Ste also
40 C.F .R. JS, 6JJ0 (a)(/ J). Please note also that BCRLF recipitnts cannot mah .. subgrants" to
nonprofit organi:arions. Howl!Ver, cooperative agreement rec{aienu may enter into Memoranda
of Understanding or other agrrem,nrs which do no/ rranJ/er funds to any a,opropriatt entity.
"The start of work shall be delayed until E?A appro,.,es :he substantive te:-ms of any
agreemcntS (including non-financial Memoranda ofUndemandin!) between the
cooperative .sgreement recipient :uid entity selected :is fund m2.n2g~r and any entity which
provides se:-,ices that the recipient will rely on as the lead aienc1."
ID. FINA .. 'lCL\L A.DiYIINISTR~ TIO:-f REQlilRE:'YIE.NTS
A. EJigible Fund Uses
"BCRLF funds shall be used for non-time c::iticaJ .e~oval ac :ivities only (as defined in
CERCL~ §101(23) and dcsdbcd in 40 C.F.R.. §300.41S)."
"BCRLF funds .may be used ror sites that are:
• Puolicly-owned, :ither directly by :i municipality or indirc=:!y through a quui-
public entity such as a community developme:n c:ot1=0~1ion; and
• Privately-owned :ind with c:lc::ir mc3ns of recouping BCR.LF expcndirures (e.g.,
through an agre:ment with the owner or de-.,e!opc:r or through a lien or other
security interests) -this includes sites unde:-going ;:,ur.:hase by an entity who
mee:s the definition oi a prosp,:ctive purchase:-."
B. Ineligible Fund Uses
"BClU.F funds shall I!.2! be used for any of the foil owing 3c:ivities:
• Pre-cle:inup environmental response activities, such as site assessment.
identifiction, ,md characteriZ3tion.
• Cle:inup of a n:irurally occurring subsume:, produc:s that are part oi the strucrure
of and result in :xposur:: within reside:uiai l:uii<iings or business or communit)'
mucrures (e.g., interior le:id-l>:iscd paint .:cr:t:Unin:?tion or asbestos which rcsulu
in indcor exposure), or public: or private dr:n.k:ng water supplies th:it have ·
deteriorated through ordinu:1 use -e:(c:~t :?.S ~e:::.nined on a site-by-site basis
and .spproved by EPA Hc3dquarte~, consim:n with CERCLA § 104(:i)(j) and
( -').
•
•
•
•
t ( I
Monitoring 3nd d:it3 collcc::ion nccesS31Y to :ipply for, or comply with,
cnvironmcnl.31 pcmtits under other state and Federal laws, unless such a pcnnit is
required as a component of the cle:mup action.
Development 3Ctivities that are not removal actions {e.g., conmuction of a new
faciliry or marketing of property)."
Award funds shall not be used to support job tr.aining .
A,ward funds shall not support ••Jobbying" cfforu of the cooperative agrc::ncnt
recipient (e.g •• beiorc the U.S. Congress, state legislatures, the U.S. EPA, or or.her
Federal a!encics), as dcsc:ibed in E?A guidance."
.. BCRlF iunds may ~ be used at 311)' sites:
• LiS1cd, or proposed for listing, on the National Priorities List;
• At which a removal :ic:tion must be taken within si:t months (i.e., time critical
re:noval 3c:ion);
• W'nerc :i Fedc::il or sutc :ige:1~1 is planning or conducting a response: or
enforc::ncnt action; or
• Conl.lr.lin.1ted by pcuolcum products e."Ccept to 3ddress a _:ion-petroleum
hu.:itcous subsunc: (e.g., co-mingled waste).
C. Nou-CJunup Rebted Restrictions
If rcquesr~d 10 do so by 1hc: coo.oc:ra1ivc: agrtemmt rtdpimt, .EP.-4 will prwidt e:zse-sptcific
guidan12 on wiztther borrowcs may ust 3CRLF funds to meet cost shllring ar matching
rtquircnmts j(IJ' :u:o~.c Fi!dcr:l grant (40 C.F.R.. P:rl .31.24(b)). Tn.t usi of BCRLF junds !a
mat cost shJJr:ng m;-.1irmicits of statt or local grants is a matter oj sta:e ar loc:il law .
.. Tne coopc::itive :igreement rec:pie:1t shall :idhe:-e to the (ollowing non-cle:inup related
resnic:ions on the use of BCRLF pilot funds:
• A cooperative agreement recipient shall not use award funds 10 meet 1 cost
sharing or m:uching requirement for another Federal gr.int unless the:-e is spcr-iiic
Sbtulory authority for the arr.tngement. CE.~CLA does !!Q1 provide such
authority.
D. Borrower Eligibility
• "Absent prior EPA approv:il, the cooFcrative agr:ement recipient may not lend to
another agency or component of the recipient of the Agree:nent."
"Tnc cooperative agre::nent recipient sh3JI ensur: that 1 party which is
dete:min:d to be: a genc:-:uor or ~nsporter of contamination at 3 brownficlds
site(s) is ineligible for 3 BCRLF pilot loan for that same site."
j
() C
• "The coope::uive 3gre:ment recipient may initi:llly find :hat an owne:-/ope:-:itor of
a brownfle!ds site(s) is m e!igiole bor:ower for a BC!U.F pilot loan for !hat same
site only if: the le:id :igency CM determine that m owner/opcr.nor would fall
under :i surutory e.~emption from liaoility; or that the E? . .\ could use its
enfo~:me:ll disc:etion to not pursue the party in question under CERCLA, a.s
desc:ibed by EPA guidar.c:. Tne initial rmdings made by the lc3d agency,
however, by no means limit the cniorc::ncnt discretion or authority of the
F~der:il or Sute government. The le:id agency shall maint:iin d~ument:ition
dcmoasuating the :ligibiliry of the ownerioper:nor."
• "..\ bar.owe:-must submit information reg:uding its environmenuJ complianc:
history. rne coope:·:uive asre:ment re~ipient will str0ng!y consider this hiStor:1
in its 311:ilysis oi :he borrower as 3 cl~up and business risk."
• "E.lch borrower mus. c:ruJ:, that they are not currently, ncr have they bee:1,
subjcc: to :my penalties resulting from cnvi.ronmer.ul non•.:ompliance ac the site
subject to the loan."
• "Someone :hat has been suspe:ided, debarred, or othe:-,1,1ise de::!:ired ine!igible
c:mnot be a bo1TOwer."
E. Use or Progr:sm ID come
"For BCRLF purposes, progr.un income shall be defined as the ~ss income received by
the cooper:itive agre:ment recipient, direc:ly ge:icr:ired by the cooperative :igreement
award or e.uned during the period of the award (the time berwe::, the effective d:ite of the
award :ind the ending date of the cooperative :sgr~ment, 3.S de:ined in .!O C.F .R. §31.:0).
In accordance with -10 C.F .R. §3 I .1S(g)(2), the recipient is authorized to add program
income to the funds :iwarded by the E:P A and use the ;irogr:irn income under the tenns and
cc.nditions oi:his agretmc:u, including eli&ible administ.ativc cosu and BCRLF
environmenul response ~quirements."
"Progr:im income sh:ill include ;,rincipaf repaymenu, in1:re.~ ::irned on outs".mding loan
princ:iFal, interest arned on :sc:ounu holding BCRLF pro~ income not needed for
immediate lending, :ill loan !e:s 311d loarMe!ated charges re::::ved from borrowers, and
othe~ income generated from BCRl.F opcr:uions. In accounting for program income, any
proc:eds from the sale, collec:ion, or liquidation of a deiau lied loan, up to the amount oi
the unpaid princip:d, and .my proceeds in c.'tc:ss of the unpaid princ:pal shall be tre:ued as
progr.un income :ind sh3l1 be ;,lilc:d in .he BCR.LF for lencins jlUrposes or to cover
adminiStr.1th·e cos-..s."
.. i"lte coopcnfr,e :igrc:mcnt rcc:pie:n shall mainuin 1 fund for furure bor.owing ne:ds
within the :lig:ble lending ar::i (llS designated by the ccopemive :ig:::mcnt recipi~nt).
To dctrnnine the 3pprcpri:ne Jmount oi progru., income to use for acminis.rative
e:tpe:iscs, fund :nan:?g::s shall conside: the casts ne::ssary to ope:atc 3 BCRLF progr..m,
the availabilit:' oi other moneury resourc:s, the por.:"olio r:s,-level and projected c:ipiuJ
e:os rcr.s f;:r.; loan lossc~ :ind inflation, the ccmmunity'i (or area'.;) fin:mcial
commitment to the BCR.LF, and lhc anticipated de:n311d ior 3CRLF loaru."
L. ----------
STATE 6-) COLORADO
Bill Owen,, Co,,emar
l.:ine E. NaltOn, E.u:-Jliwe Oir~.ar
Oc::iiatcd co ~10rr--.1111 ,nd imprcvinf che hulth •nd -•10M1t11t QI' !he people of Coler.am
000 Chenv Cte~k Or.$. bbor.:i1e,y ind R.idlaoan Sernces OiY;.ion
Ocnvcr, Ccifondo 50?46•1530 8100 Lowry Blvd.
P',one 0031 69?-!000 Oenver CO 80ll0·6928
Lac.:ited in Ciendale, Colorado 13031 092·3090
hu;,:11-c:;:pne.J:.aie.c::ua
November l2, 1999
Beve:-ly Goodsell
S~nior Grants Specialist
Grancs, Audit & Procurement
US E;1'wironment:1I Prote::tion Agency,
R:gion VllI, STMS-G
999 l SL" Street, Suite 500
Denver, CO 80202-2466
RE: Brown.fields Cle:mup Revolving Loan Fund
BL 988116-01-0
De:u-Beve:ly:
Color:ada Depuuncnc
of Public H=!ch
:and Environment
Enclosed are two executed cooies of the above-refe~nced mot si2ned bv the Colorado . --.
Deparcnenc of Public Health and Environment We have rcc:ained our copy. If you have any
questions, ple3Se call me at (303) 692-2021, or contact Ray Ericson, fiscal officer, directly ac
(303) 692-330 i.
Sinc::-:ly,
( -. I ' ( ~~ :?. ,:,J; ... ~:-Jr= -( .:..~"\ ----r., ~
Maria S. Zycda-Sanchez
Administrative Assisum
I
Enclosure
c: Ray =::.cson, CDPHE
I• ~f ·'•t J►I •••1••••• I"' ,•1-Jf".II !••1·1,f'.,• i,j~ ·>-•:►·, •~•id 1 . , EXHIBIT :i' · .. ';
LINE ITEM BUDGET
04/30/2000
Colorado Department of Public Heallh & Environment Cost
Loan Fund
CHFA Administrative Charges (estimated)
Cities Admlnstratlve BudQels
Budget Breakdown b~ y_
_ 1 Coalltlon ' . gPA ··
' City 'Award
Denver $ 500,000
Englewood $ 500,000
Total
• .. Loan I
, Amount .
$ 425,000
$ 425,000
$
$
Lakewood $ 350,000 $ 297,500 $
Loveland $ 350,000 $ 297,500 $
Talat $ 1,700,000 $ 1,445,000 $
1 •• •. ! , 1 , 1, j,, 11J!f1i) l l,'1( •I h-..1J1~Nl~l-lli\fl'J
I '' •• f •• ,, "l• I a".~ -
.,
$ 51,000
$ 1,445,000
$ 136,000
$ 68,000
$1,700,000
I Clly's Adm(n'."· :;~rJ or FiX's' ~qin~.~-i.~p
_ Budget 1 .t ·.: 1V' l·i:. ~ Budgat •i•L,i{S :J
20,000 $ 40,000
20,000 $ 40,000
14,000 $ 28,000
14,000 $ 28,000
6B,000 $ 136,000
Footnote: The following approximate budget will be added to the Revolving Loan Fund upon
tranfer of the Sand Creek Revolving Loan fund grant to lhls revolving loan fund.
Commerce City $ 500,000 $ 425,000 $ 20,000 $ 40,000
0
()
Purpose
COLORADO BROWNFIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT
Amendment2
Introduction
The purpose of the Colorado Brownfields Revolvin_g Loan Fund (CBRLF) as represented by ils
Board of Direclors (the Board) is to facilitate lhe reuse and/or redevelopment of contaminated
siles by making Jow cost funding available for financing environmental cleanups. The funding
for this endeavor is through grants from the Environmental Protection Agency.
Brownfields are defined as abandoned, idled, or under-utilized industrial and commercial
facilities where expansion or redevelopment is complicated by real or perceived environmental
contamination. A major barrier to redeveloping Brownficlds sites in Colorado is that
contaminated sites face not only the environmental challenge of cleanup, but also marginal
economic potential. In 1he Colorado real estate market, properties arc being avoided because of
liability and cleanup cost concerns.
The Cities of Commerce City, Englewood, Lakewood, Loveland, Denver. and Westminster. El
Paso County, the Colorado Housing and Finance Authority (CHFA), and the Colorado
Department of Public Health and Environment (CDPHE) have agreed to cooperate and to create
the Colorado Brownfields Revolving Loan Fund. The focus of this fund is to finance
environmental cleanups along the Colorado Front Range within the seven local governments as
well as the State overall. Each of the local governments was eligible for, applied for and was
awarded by EPA. brownfield cleanup revolving loan funds. In order to consolidate the
administrative requirements and lo pool the available revolving loan funds, the CDPHE prepared
a coordinated application to the EPA for funding the CBRLF. The CDPHE has also been
awarded brownfields cleanup revolving loan funds that make the CBRLF available statewide.
The participating local governments have a "Right of First Use" for the funds identified in the
attached budget {sec Exhibit 1) for use in their political jurisdictions. Upon completion of the
work plan in the EPA Grant and upon closeout of the Cooperative Agreement, the coali1ion
intends to continue operation of the loan fund. New members may be added in the future by
submilting a request for membership and signing an updated agreement that obligales the new
members to a three year membership under the terms and conditions contained in this
Memorandum of Agreement (MOA).
In general, CHFA and the other panicipants will be responsible for outreach and marketing the
CBRLF. CHFA will provide financial expertise for reviewing applications lo the Fund, the
CDPHE will provide the technical knowledge needed to insure successful environmental
cleanups; and local governments will review the applications for consistency with local planning
and development plans.
This arrangement is shown graphically on Exhibit 2.
The CBRLF is envisioned to be n source of capital for cleanup of both publicly and/or privately
held property.
Due to statutory limitations, CHFA will serve as the fiscal agent for the CDPHE, operating and
servicing loan agreements. Repayment of funds including any interest and principal will be to
the CBRLF through CHFA.
Duration
This document becomes effective upon signature by the nine (9) entities below. It will
automatically terminate on June 30, 2005. It can be extended in three (3) year periods by mutual
agreement of the signing parties, and can be terminated at any time with 30 days wriuen notice.
The participating local governments agree to appoint a person 10 the Board of Director through
June 30, 200S. In April 2005, the Board-shall review this MOA and make changes as necessary,
and the participating local governments can reassure their desire to participate.
This agreement may be amended as needed by a unanimous decision of the Board of Directors.
BOARD OF DIRECTORS
Organization
The CBRLF will be administered through a Board of Directors as its organizational
entity, with members chosen from each of the participating cities and counties, CHFA , and
CDPHE. The Board will meet to discuss issues and make decisions regarding the use of the
Fund . This MOA prescribes operating guidelines Cor the Board of Directors.
Roles and Responsibilities
The Board of Directors may provide assistance with financial and environmental issues
impacting lhe sale, use, reuse , and/or redevelopment of both publicly and privately held property
within the area where the Fund is administered. The municipal/county Board members are
responsible for: ( 1) ensuring that projects funded under this program arc consislent with their
respective development plans/goals and (2) providing loan fund policy direction lo CHFA and
CDPHE.
The Board of Directors has the ullimale responsibility for approving or denying
applications for funding to the CBRLF. The CDPHE, acting as the "Lead Agency" under EPA
grants BL988116-0l, RP98899701, and BF98899601, must assure that the Board actions are in
accordance with the terms of the cooperative agreements . The Board must not spend funds
except for their intended use as defined in the cooperative agreements and the EPA Brownfields
Cleanup Revolving Loan Fund Administrative Manual (OSWER, EPA 500-B-98 .001, May
1998) located via Internet at www.cpa.gov/Brownfields.
2
Brownfields Board Members
Members. The Board of Directors shall be comprised of one member each from: City
and County of Denver, Lakewood, Loveland, Commerce City, Englewood, Westminster, El Paso
County, CHFA and CDPHE. Each member must be authorized in writing to participate on the
Board and must have the authority to make financial decisions regarding the use of these grant
funds for his or her organization.
Chair. The Board shall select a Chair who shall preside over all Board meetings. The
Chair shall, in consultation with other members of the Board, prepare agendas and facilitate
Board meetings. The Chair may designate a member of the Board to assume the duties of Chair
in their absence.
Additional Duties. Board members shall perform such other duties and functions as may
be required from time to time by the Board.
Vacancies. Should the office of Chair become vacant, the Board shall select a successor
at the next regular meeting or al a special meeting called for this purpose.
Conflict of Interest. No member of the Board may vote on projects where that Board
member has a direct personal financial interest in any contract or Brownfields Project, existing or
proposed, that may be brought before the Board. For purposes of this section, "financial interest"
shall mean a substantial interest held by a member, or member's immediate family, such as:
• an ownership interest in a business;
• employment or prospective employment for which negotiations have begun;
• an ownership interest in real or personal property;
• a Joan or other debt or interest in business or real property; or
• a directorship or officer ship in a business.
To the degree a member of the Board has a preexisting actual or appearance of a conflict
of interest, he or she shall immediately disclose the same in writing to the Board, and such
disclosure shall be entered upon the Minutes of the Board.
Changes in Membership. Membership in this program is expected to change over time.
Current members may leave while other entities may seek to join. Current members may choose
to leave after achieving their community's Brownfields goals. Other entities may seek to join the
coalition in order to benefit from the economy of scale offered by the existing CBRLF
infrastructure. The following sections outline how membership changes will be accommodated.
I. Exiting Members: Members seeking to leave the CBRLF must submit their resignation
request in writing to the Chair and must give 30 days notice. The unused portion of any
administrative funds allocated to the Member will revert to the Fund to be used as deemed
appropriate by the Board. Loan monies will also remain within the Fund and will be
administered in accordance with this MOA and the Cooperative Agreement by CDPHE.
2. New Members: New Members will be allowed to join the CBRLF after submitting their
request in writing to the Chair and receiving the approval of the Board of Directors. New
members will be required to sign and abide by this MOA. Federal funds added to the CBRLF
will be managed in accordance with the Cooperative Agreement, this MOA, and the CBRLF
Administrative Manual. Any non•federal funds added to the CBRLF will be accounted for and
managed separately. (Note: potcmial 11ew members arc strongly c11couraged to discuss CBLRF
membership with existing Board members prior to submitting their CBRLF grant proposal to
EPA.)
3. Membership Eligibility. In order to be considered for CBRLF membership, potential
members must have contributed to the CBLRF either: a) received an EPA CBRLF grant, orb)
received a public/private source of funding equivalent to a CBLRF grant (minimum of
$50,000.00).
Meetings
Frequency. The Chair of the Board may, when the Chair deems necessary, call a meeting
of the Board for the purpose of transacting business the Chair designates for such meeting. Such
meeting shall also be called by the Chair upon the request of two members of the Board for the
purpose of tnmsucting business these members designate in the call for such meeting. No
meeting shall be held unless all Board members are given written notice a minimum of seven (7)
days in advance.
Order of Business. At meelings of the Board, the order of business shall follow a written
agenda provided to the members by the Chair.
Quorum. For the nine member Board, a quorum shall consist of six members, at least
four of which are City Members. If the number of members changes, the quorum will be
redefined by the Board. A Board member mus1 be present either in person or by telephone to be
counled in the quorum.
In the event of a Board member absence, that Board member may send a substitute to
par1icipate and vote. Additionally, voting by written proxy will be allowed.
Decision Making. There arc numerous kinds of decisions that members of the Board of
Directors may be asked to make. As guiding principles, it is the intent of the Board to make
decisions affecting more than one member, by member consensus when ever possible. In the
event that consensus cannot be reached, a simple majority vole will decide the issue.
Manner of Voting. Voting by the Board may be by acclamation or by ballot, as the Chair
may designate.
Record of Decision. The outcome and reasoning behind Board decisions resulting in the
approval or denial of any project funding or other expenditure shall be recorded in writing and
maintained in adherence with Cooperative Agreement record keeping guidelines. Minutes of
any other Board meeting or action are not required; such documentation may be recorded at the
discretion of the Chair.
Meeting Location. The meeting location will be at the Colorado Housing and Finance
Authority's facility at 1981 Blake Street, Denver, Colorado, 80202.
Term of Office. Board Members will serve indefinite 1erms al the pleasure of their
respective managemcnl.
Public Meetings. The Board may, from time to time, hold public meetings.
4
Colorado Department of Public Health and Environment
The Colorado Department of Public Health and Environment agrees to perform the following
duties with respect to this MOA:
J. CDPHE is the Cooperative Agreement Recipient, Lead Agency. and Site Manager.
2. CDPHE has entered into the cooperative agreements with the Environmental Protection
Agency (EPA).
3. CDPHE agrees to make available to each member city administrative funds as identified
in Exhibit 3 for use by the city in implementing this loan fund program.
4. CDPHE will process cleanup applications in accordance with Colorado's Voluntary
Cleanup and Redevelopment Act. Fees for VCP application review and approval are to
be paid by the applicant in accordance with the requirements of that program.
5. CDPHE is responsible for assuring that all cleanups are conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non-time
critical removals.
6. CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as required by the Brownfields Cleanup Revolving Loan Fund
Administrative Manual.
7. CDPHE will identify a Brownfields Site Manager for each site receiving a loan from
CHFA and conducting a cleanup under the VCP. The Site Manager will be an
environmental professional employed by the State. The Site Manager is responsible for
overseeing cleanups at specific sites including field visits.
Colorado Housing and Finance Authority
CHFA is under contract with the State of Colorado to act as its fiscal agent for managing and
servicing the loan agreements. As the fiscal agent to the State, CHFA will:
1. Will be responsible for advertising and marketing the revolving loan fund under the
supervision of the participating municipalities and the RLF Board of Directors,
2. Will conduct the financial portion of the loan reviews and provide loan underwriting and
servicing as required by this program,
3. Will be responsible for providing the participating municipalities and the Board of
Directors with an assessment on the financial strength of each project, prior to final
approval of the project by the RLF Board of Directors,
4. Will provide closing documents and disburse loan funds as appropriate to successful loan
applicants,
5. Will be responsible for managing the funds in the trust accounts, and revenues it
subsequently receives as loan repayments. in accordance with the cooperative agreement,
applicable laws and regulations, the policies, instructions and directions of the RLF
Board of Direclors and prudent lending practices,
6. Will keep all records for each loan made for a period of not less than ten ( 10) years,
7. Will prepare and provide the financial portion of the EPA required quarterly reports to
CDPHE at least one week prior to the reporting due.
Member Cities and Counties
Member Cities and Counties agree to participate for a full three yenr period from the date of
signature on this MOA. Member cities have two types of funds designated for their use, loan
and administrative, as identified in Exhibit 3. Member Cities nnd Counties agree to use all funds
received or direct the use of funds in accordance with the terms and conditions contained in the
Cooperative Agreement from the U.S. Environmental Protection Agency.
Description of Funds
The CBRLF is made up of three loan pools based on the three cooperative agreements received
from EPA, BL98811601, RP98899701, and BF98899601. Each of these pools has different
federal requirements, which mandate that they be managed separately. General discriptions of
each pool is ns follows:
I. EPA Cooperative Agreement BL988 l l 60 l is the original cooperative agreement that
established the CBRLF. Loan funds available under this agreement follow the original
EPA pilot brownfields revolving loan fund requirements. These funds do not require
matching funds from the borrower, and the borrower must only show that they did not
cause or contribute lo the contamination to be eligible. These funds cannot be used for
petroleum contamination or for subgrants.
2. EPA Cooperative Agreement RP98899701 was awarded through CERCLA Section
l28(a) State and Tribal Response Program. These funds require a 20% matching
payment. The borrower must show that they performed all appropriate inquire before
acquiring the property and that they are not liable for the cleanup under CERCLA Section
l07. Subgrants are allowed for up lo 40% of the funds awarded under this cooperative
agreement. Subgrants will be considered on a site by site basis.
3. EPA Cooper.alive Agreement BF9889960I was awarded under CERCLA Section
104(k)(3}. These funds require a 20% matching payment and can only be used at sites
that have petroleum contamination. The borrower must show that they performed all
appropriate inquire before acquiring the property and that they are not liable for the
cleanup under CERCLA Section I 07. Subgrants arc allowed for up to 40% of the funds
awarded under this cooperative agreement. Subgrants will be considered on a sile by site
basis.
Signatures
City and County of Denver Commerce City
John Huggins, Director Perry VanDeventer, City Manager
6
Signatures
Colorado Brownlields Revolving Loan Fund
Memorandum of Agreement, Amendment 2
City of Englewood City of Lakewood
Robert Simpson, Director Michael J. Rock, City Manager
City of Loveland Colorado Housing and Finance Authority
Don Williams, City Manager Milroy A. Alexander, Executive Director
City of Westminster El Paso County
J. Brent McFall, City Manager Chuck Brown, Chairman
El Paso Board of County Commissioners
Colorado Department of Public Health and Environment
Douglas H. Benevento, Executive Director
7
E h.b.tl B d tS X I 1 -u 12e f ·1 004 ) ummarv (as o Aon 2. 2
Orieinal Grant-Non-Matched Funds (Grant# BL98814160l)
Lead A2ency Direcl Financial Assistance $308,475.00 6%
Loan Pool $4.759,947.00 87%
Total Administrative Bude:cl $418 ,421.00 8%
TOTAL $5,486,843 .00
Loans
Citv of Englewood $705.04 J .00
Continuum Partners $1.950 ,000.00
TOTAL $2,655,041.00
Loan Funds Available $2. I 04,906 .00
Small1Business Relief and Brownfields Revitaliza~on Act ·-
'
Hmrclous Sutistanc~ 20% Match'lReauJred '(Grant ffRP.9889j>70f)
Maximum Subgrnnt Total
Loan Processine: CDPHE $20,700.00
Loan Pool $393,300.00 $157,320.00
Loan Processin2 CHFA $20.700.00
TOTAL $434,700.00
Loans/Sub2nmts
Colorado Brownfields Foundation $109,000.00
TOTAL $109,000.00
Loan Funds Available $284,300.00
S.ijialJ ,Biisiness•Reli_efanil Brownfields Revitalization kct ' I
~Petroleum eontamination. 20%,Match Re<f uirecl (Grant #~F98899601).
Maximum Sub2ranl Total 1
· Loan Processing CDPHE $45,000.00
Loan Pool $690,000.00 $276,000.00
Loan Processine: CHFA $15,000.00
TOTAL $750,000.00
Loans/Sub2rants
0
0
TOTAL 0
Loan Funds Available $690,000.00
8
Exhibit 2 -Colorado Brownfields Revolving Loan Process Flow Chart Fund
CO Dept of Public Health
& Environment
Voluntary Clean-up Program
Receives Application
Local Governments
Rev iews Project
Project Consistent with
City Development Plan
,_/ _______ --</
Colorado Brownfields Revolving Loan Fund
Board of Directors
Conduct initial loan applicatlon screening I / .___ ______ _,.I/
--+ Declined ~1h
Lener af Aejeclion
CO Dept of Public Health
& Environment
Voluntary Clean-up Program
Review & Approval
rado Housi
inance Aut
ancial Aevie
$$$$
OecHned with
Latter of Aejectlan
CO Dept of Publ
Environ
Site Mana
+--
Approved
~
!
Colorado Brownfields Revolving Loan Fund
Board of Directors
Final loan approval
! Approved
Colorado Housing
and Finance Authority
Issue Loan
Repay
Loan
-+ Redevelopment
9
Exhibit 3 -Local Government Administrative Funds
Coalition Ji:PAAward I Loan Pool Administrative Bui:lgei
1, Member Sli'are Budget Remainb_1g as
I)
'' il roi}ATirlfS,
I i I t 2004 .
Denver $500,000 $425,000 $20,000 $19,683.00
Englewood S500,000 $425,000 $20,000 $12,721.24
Lakewood $350,000 $297,000 $14,000 $14,000
Loveland $350,000 $297,000 $14,000 $14,000
Commerce City $486,843 $413,817 $6,842 $6,842
· Westminster $1,000,000 $807,000 $40,000 $40,000
El Paso County $800,000 $800,000 0 0
10
Purpose
COLORADOBROWNFIELDSREVOLVINGLOANFUND
MEMORANDUM OF AGREEMENT
Amendment3
Introduction
The purpose of the Colorado Brownfi~lds. Revolving Loan Fund (CBRLF) as represented by its
Board of Directors (the Board) is to facilitate the reuse and/or redevelopment of contaminated
sites by making low cost funding available for financing environmental cleanups. The funding
for this endeavor is through grants from the Environmental Protection Agency.
Brownfields are defined as abandoned, idled, or under-utilized industrial and commercial
facilities where expansion or redevelopment is complicated by real or perceived environmental
contamination. A major barrier to redeveloping Brownfields sites in Colorado is that
contaminated sites face not only the environmental challenge of cleanup, but also marginal
economic potential. In the Colorado real estate market, properties are being avoided because of
liability and cleanup cost concerns.
The Cities of Commerce City, Englewood, Lakewood, Loveland, Denver, and Westminster, El
Paso County, the Colorado Housing and Finance Authority (CHFA), and the Colorado
Department of Public Health and Environment (CDPHE) have agreed to cooperate and to create
the Colorado Brownfields Revolving Loan Fund. The focus of this fund is to finance
environmental cleanups along the Colorado Front Range within the seven local governments as
well as the State overall. Each of the local governments was eligible for, applied for and was
awarded by EPA, brownfield cleanup revolving loan funds. In order to consolidate the
administrative requirements and to pool the available revolving loan funds, the CDPHE prepared
a coordinated application lo the EPA for funding the CBRLF. The CDPHE has also been
awarded brownrields cleanup revolving loan funds that make the CBRLF available statewide.
The participating local governments have a "Right of First Use" for the funds identified in the
attached budget (see Exhibit I) for use in their political jurisdictions. Upon completion of the
work plan in the EPA Grant and upon closeout of the Cooperative Agreement, the coalition
intends to continue operation of the loan fund. New members may be added in the future by
submitting a request for membership and signing an updated agreement that obligates the new
members to a three year membership under the terms and conditions contained in this
Memorandum of Agreement (MOA).
In general, CHFA and the other participants will be responsible for outreach and marketing the
CBRLF. CHFA will provide financial expertise for reviewing applications to the Fund, the
COPHE will provide the technical knowledge needed lo insure successful environmental
cleanups; and local governments will review the applications for consistency with local planning
and development plnns.
This arrangement is shown graphically on Exhibit 2.
The CBRLF is envisioned to be a source of capital for cleanup of both publicly and/or privately
held properly.
Due to statutory limitations, CHFA will serve as the fiscal agent for the CDPHE, operating and
servicing loan agreements. Repayment of funds including any interest and principal will be to
the CBRLF through CHFA.
Duration
This document becomes effective upon signature by the nine (9) entities below. Jt will
automatically terminate on June 30, 2012 . It can be extended in three (3) year periods by mutual
agreement of the signing parties, and can be terminated at any time with 30 days written notice .
The participating local governments agree to appoint a person to the Board of Director through
June 30, 2012. Jn· April 2012, the Board shall review this MOA and make changes as necessary,
and the participating local governments can reassure their desire to participate.
This agreement may be amended as needed by a unanimous decision of the Board of Directors.
BOARD OF DIRECTORS
Organization
The CBRLF will be administered through a Board of Directors as ilS organizational
entity, with members chosen from each of the participating cities and counties, CHFA, and
CDPHE. The Board will meet to discuss issues and make decisions regarding the use of the
Fund. This MOA prescribes operating guidelines for the Board of Directors.
Roles and Responsibilities
The Board of Directors may provide assistance with financial and environmental issues
impacting the sale, use, reuse, and/or redevelopment of both publicly and privately held property
within the area where the Fund is administered . The municipal/county Board members are
responsible for: (I) ensuring that projects funded under this program are consistent with their
respective development plans/goals and (2) providing loan rund policy direction to CHFA and
CDPHE.
The Board or Directors has the ultimate respons ibility for approving or denying
applications for funding to the CBRLF. The CDPHE, ncting as the "Lead Agency" under EPA
grants BL988116-01, RP98899701, and BF98899601, must assure that the Board actions are in
accordance with the terms of the cooperative agreements. The Board must not spend funds
except for their intended use as defined in the cooperative agreements and the EPA Brownfields
Cleanup Revolving Loan Fund Administrative Manual (OSWER, EPA 500-8-98.001, May
1998) located via Internet at www.epa.gov/Brownfields.
2
Brownfields Board Members
Members. The Board of Directors shall be comprised of one member each from: City
and County of Denver, Lakewood, Loveland, Commerce City, Englewood, Westminster, El Paso
County, CHFA and CDPHE. Each member must be authorized in writing to participate on the
Board and must have the authority to make financial decisions regarding the use of these grant
funds for his or her organization.
Chair. The Board shall select a Chair who shall preside over all Board meetings. The
Chair shall, in consultation with other members of the Board, prepare agendas and facilitate
Board meetings. The Chair may designate a member of the Board to assume the duties of Chair
in their absence.
Additional Duties. Board members shall perform such other duties and functions as may
be required from time to time by the Board.
Vacancies. Should the office of Chair become vacant, the Board shall select a successor
at the next regular meeting or at a special meeting called for this purpose.
Conflict of Interest. No member of the Board may vote on projects where that Board
member has a direct personal financial interest in any contract or Brownfields Project, existing or
proposed, that may be brought berore the Board. For purposes of this section, "financial interest"
shall mean a substantial interest held by a member, or member's immediate family, such as:
• an ownership interest in a business;
• employment or prospective employment for which negotiations have begun;
• an ownership interest in real or personal property;
• a loan or other debt or interest in business or real property; or
• a directorship or officer ship in a business.
To the degree a member of the Board has a preexisting actual or appearance of a conflict
of interest, he or she shall immediately disclose the same in writing to the Board, and such
disclosure shall be entered upon the Minutes of the Board.
Changes in Membership. Membership in this program is expected to change over time.
Current members may leave while other entities may seek to join. Current members may choose
to leave after achieving their community's Brownfields goals. Other entities may seek to join the
coalition in order to benefit from the economy of scale offered by the existing CBRLF
infrastructure. The following sections outline how membership changes will be accommodated.
1. Exiting Members: Members seeking to leave the CBRLF must submit their resignation
request in writing to the Chair and must give 30 days notice. The unused portion of any
administrative funds allocated to the Member will revert to the Fund to be used as deemed
appropriate by the Board . Loan monies will also remain within the Fund and will be
administered in accordance with this MOA and the Cooperative Agreement by CDPHE.
2. New Members: New Members will be allowed to join the CBRLF after submitting their
reque,;t in writing to the Chair and receiving the approval of the Board of Directors . New
members will be required to sign and abide by this MOA. Federal funds added to the CBRLF
will be managed in accordance with the Cooperative Agreement, this MOA, and the CBRLF
3
Administrative Manual. Any non-federal funds added to the CBRLF will be accounted for and
managed separately. (Note: pote111ial new members are strongly encouraged to discuss CBLRF
membership with existing Board members prior to s11bmi11i11g their CBRLF grallf proposal to
EPA.)
3. Membership Eligibility. In order to be considered for CBRLF membership , potential
members must have contributed to the CBLRF either: a) received an EPA CBRLF grant, orb)
received a public/private source of funding equivalent to a CBLRF grant (minimum of
$50,000.00).
Meetings
Frcguency. The Chair of the Board may, when the Chair deems necessary , call a meeting
of the Board for the purpose of transacting business lhe Chair designa1es for such meeting . Such
meeting shall also be called by the Chair upon the request of two members of the Board for the
purpose of transacting business these members designate in the call for such meeting. No
meeting shall be held unless all Board members are given written notice n minimum of seven (7)
days in advance .
Order of Business. At meetings of the Board, the order of business shall follow a written
agenda provided to the members by the Chair.
Quorum . For the nine member Board, a quorum shall consist of six members, at least
four of which are Local Government Members . If the number of members changes, the quorum
will be redefined by the Board. A Board member must be present either in person or by
telephone to be counted in the quorum.
In the event of a Board member absence , that Board member may send a substitute lo
participate and vote. Additionally, voting by written proxy will be allowed.
Decision Making. There are numerous kinds of decisions that members of the Board of
Directors may be asked 10 make. As guiding principles, it is the intent of the Board to make
decisions affecting more than one member, by member consensus when ever possible. In the
event that consensus cannot be reached, a simple majority vote will decide the issue.
Manner of Voting. Voting by the Board may be by acclamation or by ballot, as the Chair
may designate.
Record of Decision. The outcome and reasoning behind Board decisions resulting in the
approval or denial of any project funding or other expenditure shall be recorded in writing and
maintained in adherence with Cooperative Agreement record keeping guidelines. Minutes of
any other Board meeting or action arc not required; such documentation may be recorded at the
discretion of the Chair.
Meeting Location. The meeting location will be at the Colorado Housing and Finance
Authority's facility at 1981 Blake Street, Denver, Colorado, 80202.
Term of Office. Board Members will serve indefinite terms at the pleasure of the ir
respective management.
Public Meetings . The Board may, from time to time, hold public meetings.
4
Colorado Department of Public Health and Environment
The Colorado Department of Public Health and Environment agrees to perform the following
duties with respect to this MOA:
1. CDPHE is the Cooperative Agreement Recipient. Lead Agency. and Site Manager.
2. CDPHE has entered into the cooperative agreements with the Environmental Protection
Agency (EPA).
3. CDPHE agrees to make available to each member city administrative funds as identified
in Exhibit 3 for use by the city in implementing this loan fund program.
4. CDPHE will process cleanup upplicalionsfo accordance with Colorado's Voluntary
Cleanup and Redevelopment Act. Fees for .VCP application review and approval are lo
be paid by the applicant in accordance with the requirements of that program.
5. COPHE is responsible for assuring that all cleanups are conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non~time
critical removals.
6. CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as required by the Brownfields Cleanup Revolving Loan Fund
Administrative Manual.
7. CDPHE will identify a Brownfields Site Manager for each site receiving a loan from
CHFA and conducting a cleanup under the VCP. The Site Manager will be an
environmental professional employed by the State. The Site Manager is responsible for
overseeing cleanups at specific sites including field visits.
Colorado Housing and Finance Authority
CHFA is under contract with the State of Colorado to act as its fiscal agent for managing and
servicing the loan agreements. As the fiscal agent to the State, CHFA will:
1. Will be responsible for advertising and marketing the revolving loan fund under the
supervision of the participat ing Jocal government entities and the RLF Board of
Directors,
2. Will conduct the financial ponion of the loan reviews and provide loan underwriting and
servicing as required by this program,
3. Will be responsible for providing the participating local government entities and the
Board of Directors with an assessment on the financial strength of each project, prior to
final approval of the project by the RLF Board of Directors,
4. Will provide closing documents and disburse loan funds as appropriate to successful loan
applicants,
5. Will be responsible for managing the funds in the trust accounts, and revenues it
subsequently receives as loan repayments, in accordance with the cooperative agreement,
applicable laws and regulations, the policies, instructions and directions of the RLF
Board of Directors and prudent lending practices,
6. Will keep all records for each loan made for a period of not less than ten ( I 0) years,
7. Will prepare and provide the financial portion of the EPA required quarterly reports to
CDPHE at least one week prior to the reporting due.
s
Member Cities and Counties
Member Cities and Counties agree to participate for a full lhree year period from the date or
signature on this MOA. Member cities have two types of funds designated for their use, loan
and administrative, as identified in Exhibit 3. Member Cities and Counties agree to use all funds
received or direct the use of funds in accordance with the terms and conditions contained in the
Cooperative Agreement from the U.S. Environmental Protection Agency.
Description of Funds
The CBRLF is made up of three loan pools based on the three cooperative agreements received
from EPA, BL98811601, RP98899701, and BF98899601. Each of these pools has different
federal requirements, which mandate that they be managed separately. General discriptions of
each pool is as follows:
l. EPA Cooperative Agreement BL98811601 is the original cooperative agreement that
established the CBRLF. Loan funds available under this agreement follow the original
EPA pilot brownfields revolving loan fund requirements. These funds do not require
matching funds from the borrower, and the borrower must only show that they did not
cause or contribute to the contamination to be eligible. These funds cannot be used for
petroleum contamination or for subgrants.
2. EPA Cooperative Agreement RP98899701 was awarded through CERCLA Section
128(11.) State and Tribal Response Progr.im. These funds require a 20% matching
payment The borrower must show that they performed all appropriate inquire before
acquiring the property and that they are not liable for the cleanup under CERCLA Section
107. Subgrants are allowed for up to 40% of the funds awarded under this cooperative
agreement. Subgrants will be considered on a site by site basis.
3. EPA Cooperative Agreement BF9889960 l was awarded under CERCLA Section
104(k)(3). These funds require a 20% matching payment and can only be used al sites
that have petroleum contamination. The borrower must show that they performed all
appropriate inquire before acquiring the property and that they are not liable for the
cleanup under CERCLA Section I 07. Subgrants are allowed for up to 40% of the funds
awarded under this cooperative agreement. Subgrants will be considered on a site by site
basis.
Signatures
City and County of Denver Commerce City
Andre Pettigrew, Director Jerry Flannery, City Man ager
Office of Economic Development
fi
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum or Agreement, Amendment 3
City of Englewood
James K. Woodward, Mayor
City of Loveland
Don Williams, City Manager
City of Westminster
J. Brent McFall, City Manager
Colorado Department of Public Hcallh
and Environment
James B. Martin, Executive Director
City of Lakewood
Michael J. Rock, City Manager
Colorado Housing and Finance Authority
Milroy A. Alexander, Executive Director
El Paso County
Jim Besberg, Chairperson
Board of County Commissioners, El Paso County
Auest:
Deputy Clerk, El Paso County
7
X I It -u 1e:et E h"b· 1 B d S ummary (as of February 2009)
• Qr~nal _Griii1! -N_~n-.:M.afched Fun-ds' (Grant #' 6~98811601)
Lead Agency Direct Financial Asslstance $ 308,475
Loan Fund $ 4,759,947
Total Administrative Budget $ 418,421
Total $5,486,843
Coalition EPA Loan Pool
Member Award Share
Denver $ 500,000 $ 425,000
Englewood $ 500,000 $ 425,000
Lakewood $ 350,000 $ 297,500
Loveland $ 350,000 $ 297,500
Commerce City $ 486,843 $ 413,817
Westminster $ 1,000,000 $ 807,000
State of Colorado $ 1,000,000 $ 807,000
El Paso County $ 800,000 $ 792,080
CHFA $ -$ -
Suoolemental Funds s 500,000 s 495050
Total s 5,486,843 $ 4,759,947
~m.an Busjr:iess~l!iilillW Relief 'ind Br~wnfielcls Revitiliq~i§ij
1Agt _ . _ _ 1
20.%'M~tcti'Requlre"'d,• Actmlnfs!ritlva:cost NoJ
Allowed :_ ---:...
$
$
$
$
$
$
$
$
$
$
$
Hazardous Substances Funds(Grant # RP-98899701)
Potential Subgrant Total
Loan Processing(CHFA) S 15,250
Loan Pool S 878,750 $ 351,500
Loan Processing(COPHE) -;-s ____ 4..:.;:6:.:,;,o=o=o-
Total Grant $ 940,000
Petroleum & Hazardous Substances Funds (Grant# BF-98899601)
Loan Processing(CHFA) $ 1B,750
Petroleum Loan Pool $ 873,750 S 349,500
Hazardous Loan Pool $ 1,250,000 $ 500,000
Loan Processing(CDHPE) S 45,000
Total Grant S 2,187,500
Total Loan Pool $ 7,762,447 (including match)
8
6%
87%
8%
AdJTIIIJ.
Budaet
20,000
20,000
14,000
14,000
6,842
40,000
10,500
-
293,079
-
418,421
I
Exhibit 2 -Colorado Brownfields Revolving Loan Process Flow Chart Fund
CO Dept of Public Health
& Environment
Voluntary Clean-up Program
Receives Application
Local Governments
Reviews Project
Project Consistent with
City Development Plan
~/ _______ ~/
Colorado Brownfields Revolving Loan Fund -+ Declined wllh
I "'""' nl R•IPl!linn Board of Directors
Conduct initial loan application screening I/
CO Dept of Public Health
& Environment Approved
rado Haus
inance Aut
ancial Revle
$$$$
Voluntary Clean-up Program ~
Review & Approval
Colorado Brownfields Revolving Loan Fund Repay
Loan Declined wllh
I PH,ar nl ~w.llnn
CO Dept ol Publ
Environ
SIie Mana
Board of Directors
Final loan approval
! ApplOVld
olorado Housin
Finance Auth
Issue Loan
9
---+ Redevelopment
Exhibit 3 -Local Government Administrative Funds
Coalition EPA Award Loan Pool Administrative B~dg~
Member f. Share Budget Remaining as i ' l ofMan:hS, I J
I • !! I 2ciii?
-
Denver $500,000 $425,000 $20,000 $19,683.00
Englewood $500,000 $425,000 $20,000 $12,721.24
Lakewood $350,000 $297,000 $14,000 $14,000
Loveland $350,000 $297,000 $14,000 $14,000
Commerce City $486,843 $413,817 $6,842 $6,842
Westminster $1,000,000 $807,000 $40,000 so
El Paso County $800,000 $800,000 0 0
10
Purpose
COLORADO BROWNFIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT
Amendment 4 (MOA)
Introduction
The purpose of the Colorado Brownfields Revolving Loan Fund (CBRLF and/or Fund) as
represented by its Board of Directors (Board or Board of Directors), is lo facilitate the reuse
and/or redevelopment of contaminated sites by making low-cost funding available for financing
environmental cleanups. The funding for this endeavor is through grants from the Environmental
Protection Agency (EPA).
Browntields are defined as abandoned, idled, or under-utilized industrial and commercial
facilities where expansion or redevelopment is complicated by real or perceived environmental
contamination. A major barrier to redeveloping brownfields sites in Colorado is that
contaminated sites face not only the environmental challenge of cleanup, but also marginal
economic potential. In the Colorado real estate market, properties are being avoided because of
liability and cleanup cost concerns.
The city and county of Denver, Commerce City, Englewood, Lakewood, Loveland, Westminster,
El Paso County, the Colorado Housing and Finance Authority (CHFA), and the Colorado
Department of Public Health and Environment (CDPHE) have agreed to cooperate and to create
the Colorado Brownfields Revolving Loan Fund. The focus of this fund is to finance
environmental cleanups along the Colorado Front Range within the seven Jocal governments as
well as the State overall. Each of the local governments was eligible for, applied for and was
awarded by EPA, brownfields cleanup revolving loan funds. In order lo consolidate the
administrative requirements and to pool the available revolving loan funds, CDPHE prepared a
coordinated application to EPA for funding the CBRLF. CDPHE has also been awarded
browntields cleanup revolving loan funds, making CBRLF available statewide.
The CBRLF coalition was first awarded brownfields revolving loan funds in 2002. That grant
expired in 2010 and the associated cooperative agreement has been closed. Under the terms of
that agreement, CBRLF was allowed to retain all repayments of principal, interest, and loan
earnings as "program income." Since the original award in 2002, CDPHE. on behalf of the
coalition, has applied for and received several additional awards of brownfields revolving loan
funds from EPA. It is the intent of the Board to use program income, existing grant funds, and
future awards and program income to continue operating CBRLF.
In gener.11, CHFA and the other participants will be responsible for outreach and marketing the
CBRLF. CHFA will provide financial expertise for reviewing loan applications to the Fund.
CDPHE will provide the technical knowledge needed to ensure successful environmental
cleanups, and local governments review applications for consistency with CBRLF requirements
and assist the Chair in conducting business of the CBRLF.
This arrangement is shown in a graph as Exhibit I.
CBRLF is envisioned to be a source of capital for cleanup of both publicly and/or privately held
property.
Due to statutory limitations. CHFA will serve as the fiscal agent for CDPHE, operating and
servicing loan and sub-grant agreements. Repayment of loan funds, including any interest and
principal, will be to CBRLF through CHFA.
Duration
This document becomes effective upon signature by the nine (9) entities at the end of the
document. It will automatically terminate on June 30, 2017 . ll can be extended in 5-year periods
by mutual agreement of the signing parties, and its effectiveness on a signing party can be
terminated at any time, for any reason, with a 30-duy written notice provided to the Board by
such signing party. Each of the participating local governments agrees to appoint a person to the
Board of Directors through June 30, 2017. In April 2017 the Board shall review this MOA and
make changes as necessary, and the participating entities can reaffinn their desire to participate.
This agreement may be amended, as needed, by a unanimous decision of the Board of Directors.
Board of Directors
Organization
CBRLF will be administered through a Board of Directors as its organizational entity, wilh
members chosen from each of the participating cities and counties, CHFA, and CDPHE. The
Board will meet to discuss issues and make decisions regarding the use of the Fund. This MOA
prescribes operating guidelines for the Board of Directors.
Roles and Responsibilities
The Board or Directors may provide assistance with financial and environmental issues
impacting the sale, use, reuse, and/or redevelopment of both publicly and privately held property
throughout Colorado. The municipal/county Board members are responsible for: {l) attending
scheduled board meetings, (2) ensuring that projects funded under this program are consistent
with the goals and objectives of CBRLF, (3) providing Joan fund policy direction to CHFA and
CDPHE, and (4) providing assistance with development of applications for additional
Brownfields Revolving Loan Fund grants.
The Board of Directors has the ultimate responsibility for approving or denying applications for
funding to CBRLF. CDPHE, acting as the "Lead Agency" under EPA grants BL9881160l,
RP98899701, BF98899601, and 2897863101, must assure that the Board actions are in
accordance with the terms of the respective cooperative agreements (each a "Cooperative
Agreement" and, collectively, the "Cooperative Agreements"). The Board must not spend funds
except for their intended use as defined in the Cooperative Agreements and the EPA Brownnelds
Cleanup Revolving Loan Fund Administrative Manual (OSWER, EPA 500-B-98.001, May
1998) located via Internet at www.epa.gov/Brownfields.
Brownfields Board Members
Members. The Board of Directors shall be comprised of one member each from: City and
County of Denver, Commerce City, Englewood, Lakewood, Loveland, Westminster, El Paso
County, CHFA and CDPHE. Each member must be authorized, in writing, to participate on the
2
Board and must be delegated the authority, by his/her organization, to make decision necessary
to conduct the business of the CBRLF, including but not limited to decisions regarding the use of
funds available to the CBRLF.
Chair. The Board shall select a Chair who shall preside over all Board meetings. The Chair
shall, in consultation with other members of the Board, prepare agendas and facilitate Board
meetings. The Chair may designate a member of the Board to assume the duties of Chair in their
absence. The Chair will also distribute quarterly budget updates to all members.
Additional Duties. Board members shall perform such other duties and functions as may be
required from time to time by the Board.
Vacancies. Should the office of Chair become vacant, the Board shall select a successor at the
next regular meeting or at a special meeting 1:alled for this purpose.
Conflict of Interest. No member of the Board may vote on projects in which that Board member
has a direct personal financial interest in any contract or Brownfields Project, existing or
proposed, that may be brought before the Board. For purposes of this section, "financial interest"
shall mean a substantial interest held by a member, or member's immediate family, such as:
• an ownership interest in a business;
• employment or prospective employment for which negotiations have begun~
• an ownership interest in real or personal property;
• a loan or other debt or interest in business or real property; or
• a position as director or officer of a business.
To the degree a member of the Board has a preexisting actual or appearance of a conflict of
interest, he or she shall immediately disclose the same, in writing, to the Board, and such
disclosure shall be entered into the Minutes of the Board.
Changes in Membership. Membership in this program is expected to change over time. Current
members may choose to leave after achieving their community's brownfields goals. Other
entities may seek to join the coalition in order to benefit from the economy of scale offered by
the existing CBRLF infrastructure. The following sections outline how membership changes will
be accommodated.
l. Exiting Members: Members seeking 10 leave CBRLF must submit their resignation request,
in writing, to the Chair and must give a 30-day written notice.
2. New Members: New members will be allowed to join CBRLF after submitting their request,
in writing, to the Chair and receiving the approval of the Board of Directors. New members will
be required to sign and abide by this MOA. Federal funds added to the CBRLF will be managed
in accordance with the Cooperative Agreement, this MOA, and the CBRLF Administrative
Manual. Any non-federal funds and/or program income added to CBRLF will be accounted for
and managed separately. (Note: potential 11ew members are stro11gly encouraged to discuss
CBLRF membership with e:cisti11g Board members prior 10 s11bmi1ti11g their CBRLF gram
proposal to EPA.)
3. Membership Eligibility: In order to be considered for CBRLF membership, potential
members must have contributed to CBLRF either: a) an EPA RLF grant, orb) a publi c/private
source of funding equivalent to a CBLRF grant (minimum of $50,000.00).
3
Meetings
Frequency. The Chair of the Board may, when the Chair deems necessary, call a meeting of the
Board for the purpose of transacting business the Chair designates for such meeting. Such
meeting shall also be called by the Chair upon the request of two members of the Board for the
purpose of transacting business these members designate in the call for such meeting. No
meeting shall be held unless all Board members are given written notice a minimum of seven (7)
days in advance.
Order of Business. At meetings of the Board. the order of business shall follow a written agenda
provided to the members by the Chair.
Quorum. For the nine-member Board, a quorum shall consist of five members, at least three of
whom are local government members. Ir the number of members changes, the quorum will be
redefined by the Board. A Board member must be present either in person or by telephone to be
counted in the quorum. In the event of a Board member absence, that Board member may send a
substitute to participate and vote. Addilionnlly, voting by written proxy will be allowed.
Decision Making. There are numerous kinds of decisions that members of the Board of
Directors may be asked to make. As a guiding principle, it is the intent of the Board to make
decisions affecting more than one member, by member consensus whenever possible. In the
event lhat consensus cannot be reached. a simple majority vote wiJI decide the issue.
Manner of Voting. Voting by the Board may be by acclamation, by ballot or by e-mail ballot. as
the Chair may designate.
Record of Decision. The outcome and reasoning behind Board decisions resulting in the
approval or denial of any project funding or other expenditure shall be recorded in writing and
maintained in adherence with Cooperative Agreement record keeping guidelines. Minutes of
any other Board meeting or action are not required; such documentation may be recorded at the
discretion of the Chair.
Meeting Location. The meeting location will be at the Colorado Housing and Finance
Authority's facility al 1981 Blake Street, Denver, Colorado, 80202.
Term or Office. Board members will serve indefinite terms at the pleasure of their respective
management.
Public Meetings . The Board may. from time to time, hold public meetings.
Colorado Department of Public Health and Environment
The Colorado Department or Public Health and Environment agrees lo perform the following
duties with respect to this MOA:
J. CDPHE is the Cooperative Agreement Recipient, Lead Agency, and Site Manager.
2. CDPHE has entered into the Cooperative Agreements with the Environmental Protection
Agency (EPA).
3. CDPHE will process cleanup applications in accordance with Colorado's Voluntary
Cleanup and Redevelopment Act. Fees for the Colorado Voluntary Cleanup Program
4
(VCP) application review and approval are to be paid by the applicant in accordance with
the requirements of that program.
4. CDPHE is responsible for assuring that all cleanups are conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non-time
critical removals.
5. CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as required by the Brownfields Cleanup Revolving Loan Fund
Administrative Manual.
6. CDPHE will identify a Brownfields Site Manager for each site receiving a loan from
CHFA and conducting a cleanup under the VCP. The Site Manager will be an
environmental professional employed by the State. The Site Manager is responsible for
overseeing cleanups at specific sites including field visits.
Colorado Housing and Finance Authority
CHFA is under contract with the State of Colorado to act as its fiscal agent for managing and
servicing the loan agreements. As the fiscal agent to the State, CHFA:
I. Will be responsible for advertising and marketing the revolving loan fund under the
supervision of the participating local government entities and the Board of Directors,
2. Will conduct the financial portion of the loan reviews and provide loan underwriting and
servicing as required by this program.
3. Will be responsible for providing the participating Jocal government entities and the
Board of Directors with an assessment of the financial strength of each project, prior to
final approval of the project by the Board of Directors,
4. Will provide closing documents and disburse loan and sub-grant funds, as appropriate, to
successful applicants,
5. Will be responsible for managing the funds in the trust accounts, and revenues it
subsequently receives as loan repayments, in accordance with the Cooperative
Agreement, applicable Jaws and regulations, prudent lending practices, and the policies,
instructions and directions of the Board of Directors.
6. Will keep all records for each loan made for a period of not less than ten ( 10) years,
7. Will prepare and provide the financial portion of the EPA-required quarterly reports to
CDPHE at least one week prior to the reporting due date.
Member Cities and Counties
Member cities and counties agree to participate for a full 5-year period from the date of signature
on this MOA. In the past, both loan and administrative funds have been available for use by
member cities and counties. Currently, only loan/sub-grant funds are available to members,
pursuant to a successful application approved by the Board. Member cities and counties agree 10
use all funds received or direct the use of funds in accordance with the terms and conditions
contained in the Cooperative Agreement from the U.S. Environmental Protection Agency.
s
Description of Funds
CBRLF is made up of several loan pools derived from various Cooperative Agreements received
from EPA. Each of these pools has different federal requiremen1s, which mandate that they be
managed separalely. A gener.il description of each pool is as follows:
1. EPA Cooperative Agreement BL988 l l 601 is the original Cooperative Agreement that
established CBRLF. This Cooperative Agreement has expired and CDPHE and EPA
have completed administrative close-out of this agreement. Under the terms of the
Cooperative Agreement, CBRLF has retained all funds from repayment of principal,
interest, and loan earnings and these funds are considered progr.im income. It is the
intent of the Board to use these funds, along wilh future program income, to continue
operating a brownfields revolving loan fund. Program income funds will be managed in
general accordance with the requirements of the original Cooperative Agreement.
2. EPA Cooperative Agreement RP98899701 was awarded through CERCLA Section
l 28(a) State and Tribal Response Program. These funds require a 20% matching
payment. The borrower must show that they performed all appropriate inquiry before
acquiring the property and that they arc not liable for the cleanup under CERCLA Section
107. Sub-grants are allowed for up to 40% of the funds awarded under this Cooperative
Agreement. Sub-grants will be considered on a site•by-site basis.
3. EPA Cooperative Agreement BF9889960l was awarded under CERCLA Section
l04(k)(3). These funds require a 20% malching payment. The funds under this award
have been segregated into two separate loan pools: funds in the petroleum loan pool can
only be used at sites that have petroleum contamination, while a separate pool has been
established for sites contaminated with hazardous substances. The borrower must show
that they performed alt appropriate inquiry before acquiring the property and 1hat they are
not liable for the cleanup under CERCLA Section 107 . Sub-grants are allowed for up to
40% of the funds awarded under this Cooperative Agreement. Sub-grants will be
considered on a site-by-site basis.
4. EPA Cooper.ltive Agreemenl 2897863101 was awarded under the American Recovery
and Redevelopment Act, and are inlended to provide sub-grants to local governments and
non•profits. Sub-grantees must demonstrate that they have performed all appropriate
inquiry before acquiring the property and that they are not liable for the cleanup under
CERCLA Section l 07.
6
Signatures
Colorado Brownfields Revolving Loan Fund
Memorandum or Agreemenl, Amendment 4
City and County of Denver
Paul Washington, Executive Director
Office of Economic Development
City or Englewood
Randy Penn, Mayor
City of Loveland
William Cahill, City Manager
City of Westminster
J. Brent McFall, City Manager
Colorado Department of
Public Health and Em·ironment
Dr. Chris Urbina, Executive Director
Commerce City
Brian McBroom, Cily Manager
Colorado Housing and Finance Authority
Cris A. White, Executive Director and CEO
El Paso County
Dennis Hisey, Chair
Board of County Commissioners, El Paso County
Attest: ____________ _
Deputy Clerk, El Paso County
1
ATTEST: CITY OF LAKEWOOD
By: By:. __________ _
Margy Greer, City Clerk Kathleen E. Hodgson, City Manager
APPROVED AND RECOMMENDED: APPROVED AS TO FOAM:
By:. _________ -'---
Jay Hutchlson,
Director of Public Works
By:. _________ _
City Attorney
By:
Larry Dorr
Direclor of Finance
CO Dept of Public Health
& Environment
Voluntary Clean-up Program
Receives Application
Colorado Brownfields Revolving Loan Fund
Board of Directors.
Conduct Initial loan application screening
CO Dept of Public Health
& Environment
lorado Housi
Finance Auth
Voluntary Clean-up Program Financial Review
Review & Approval
Local Governments
Reviews Project
Project Consis tent with
City Development Plan
Declined with
Letter of Rejection
$$$$
Colorado Brownfields Revolving Loan Fund
Declined with ___ 1 Board of Directors
Letter ol Flejectlon Final loan approval
CO Dept
Health & En
Approved
Colorado Housing
and Finance Authority
Issue Loan
">---M Redevelopment
9
Repay
Loan