From: To: Cc: Subject: Date: Attachments:
Manion, Andrea jnishi@philanthropynw.org Regan, Mickey; Davidson, Lacey; Tomlinson, Martha Scott Termination of EPA Assistance Award: 5N 02J63801 Philanthropy Northwest Saturday, February 22, 2025 10:06:00 AM Termination Memo 5N 02J63801 Feb22.pdf OMB Form 02J63801-1.pdf
Dear EPA Grant Recipient:
Attached is your Termination of Award from the U.S. Environmental Protection Agency. The Federal Award Identification Number (FAIN) is on your agreement on the top of page one and in the subject line of this message. Please use this number in communicating with EPA about this grant.
Please carefully review the assistance agreement and the terms and conditions.
We recommend you forward the award document to any other personnel in your organization requiring information about the award. The recipient's signature is not required on this agreement.
For information regarding payments and financial reports, please refer to the following website at https://www.epa.gov/financial/grants. Additionally, the RTP Finance Center's email address is rtpfcgrants@epa.gov.
If you have any questions, please contact Mickey Regan, Deputy Director, Mission Support Division, EPA R10 at regan.mickey@epa.gov.
Sincerely,
Andrea (Ann) Manion Grants Management Officer U.S. Environmental Protection Agency, R10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 206-553-1087
Attachments: Official EPA Award Document Termination Memo
5N - 02J63801 - 1 Page 1
U.S. ENVIRONMENTAL PROTECTION AGENCY
GRANT NUMBER (FAIN): MODIFICATION NUMBER: PROGRAM CODE:
TYPE OF ACTION No Cost Amendment
02J63801 1 5N
DATE OF AWARD 02/22/2025 MAILING DATE 02/22/2025
Assistance Amendment
PAYMENT METHOD: ASAP
ACH# PEND
RECIPIENT TYPE: Not for Profit RECIPIENT:
Send Payment Request to: rtpfc-grants@epa.gov PAYEE:
PHILANTHROPY NORTHWEST 600 UNIVERSITY ST STE 1725 SEATTLE, WA 98101-4120 EIN: 91-1110995
PHILANTHROPY NORTHWEST 600 UNIVERSITY ST STE 1725 SEATTLE, WA 98101-4120
PROJECT MANAGER Meredith Higashi 600 University St, Suite 1725 Seattle, WA 98101-4120 Email: dcrystal@philanthropnw.org Phone: 206-443-8436
EPA PROJECT OFFICER Martha Tomlinson 1200 Sixth Ave, Suite 155 Seattle, WA 98101-3144 Email: Tomlinson.MarthaScott@epa.gov Phone: 206-553-8696
EPA GRANT SPECIALIST Lacey Davidson 1200 6th Ave., Suite 155 Seattle, WA 98101-3144 Email: davidson.lacey@epa.gov Phone: 206-553-0758
PROJECT TITLE AND EXPLANATION OF CHANGES
Northwest Network for Environmental Justice-Initial Award
This amendment is to stop work; terminate the agreement; reduce performance period duration; curtail scope of work; and waive certain reporting requirements. Administrative terms and conditions are added.
Per 2 CFR 200.340 and the Termination General Terms and Conditions of this agreement, EPA is terminating this award. Your organization shall immediately stop work and take all reasonable steps to minimize the incurrence of costs otherwise allocable to the assistance agreement. See terms and conditions.
BUDGET PERIOD 02/22/2025 - 02/28/2027
PROJECT PERIOD 03/01/2024 - 02/22/2025
TOTAL BUDGET PERIOD COST $ 8,000,000.00
TOTAL PROJECT PERIOD COST $ 8,000,000.00
NOTICE OF AWARD
Based on your Application dated 06/28/2023 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 0.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 8,000,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) ORGANIZATION / ADDRESS
AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS
U.S. EPA, Region 10, EPA Region 10 Mail Code: 17-C04, 1200 Sixth Avenue, Suite 155 Seattle, WA 98101
U.S. EPA, Region 10, Mission Support Division R10 - Region 10 1200 Sixth Ave, Suite 155 Seattle, WA 98101-3144
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Andrea Manion - Grants Management Officer
DATE 02/22/2025
FUNDS EPA Amount This Action EPA In-Kind Amount Unexpended Prior Year Balance Other Federal Funds Recipient Contribution State Contribution Local Contribution Other Contribution Allowable Project Cost
EPA Funding Information
5N - 02J63801 - 1 Page 2
FORMER AWARD $ 8,000,000 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 8,000,000
THIS ACTION $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
AMENDED TOTAL $ 8,000,000 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 8,000,000
Assistance Program
66.615 - Environmental Justice Thriving Communities Grantmaking Program (EJ TCGM)
Statutory Authority Clean Air Act: Sec. 138
Regulatory Authority 2 CFR 200, 2 CFR 1500 and 40 CFR 33
Budget Summary Page
Table A - Object Class Category (Non-Construction)
1. Personnel 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies 6. Contractual 7. Construction 8. Other 9. Total Direct Charges 10. Indirect Costs: 0.00 % Base 11. Total (Share: Recipient ___0_._0_0 % Federal __1_0_0._0_0 %) 12. Total Approved Assistance Amount 13. Program Income 14. Total EPA Amount Awarded This Action 15. Total EPA Amount Awarded To Date
5N - 02J63801 - 1 Page 3
Total Approved Allowable Budget Period Cost $ 3,228,715 $ 742,595 $ 639,075 $ 0 $ 28,700 $ 897,698 $ 0 $ 1,855,321 $ 7,392,104 $ 607,896 $ 8,000,000 $ 8,000,000 $ 0 $ 0 $ 8,000,000
Administrative Conditions
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UNILATERAL TERMINATION
1. The Agency is asserting its right under 2 CFR 200.340 and the Termination General Term and Condition of this agreement to unilaterally terminate this award. This amendment serves as required notice under 2 CFR 200.341.
2. Consistent with 2 CFR 200.343 Effect of suspension and termination, costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient after the termination of a Federal award are not allowable. Costs after termination are allowable if:
a. The costs result from financial obligations which were properly incurred by the recipient or subrecipient before the effective date of suspension or termination, and not in anticipation of it; and
b. The costs would be allowable if the Federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect.
c. The costs are reasonable and necessary termination costs consistent with 2 CFR 200.472.
3. Federal Financial Reporting (FFR) General Terms and Conditions is still in full force and effect. EPA recipients must submit the SF-425 no later than 120 calendar days after the end date of the period of performance of the award.
4. Programmatic Terms and Conditions. Performance reporting is still in full force and effect. The recipient must submit the final report no later than 120 calendar days after the period of performance.
In accordance with 2 CFR 200.329, the recipient agrees to submit performance reports that include information on each of the following areas:
a. A comparison of accomplishments to the outputs/outcomes established in the assistance agreement work plan for the reporting period;
b. Explanations on why established outputs/outcomes were not met; and
c. Additional information, analysis, and explanation of cost overruns or high-than-expected-unit costs.
5. Waiver of Reports
The following reports are waived:
a. Utilization of Disadvantaged Business Enterprises General Terms and Conditions, EPA Form 5700-52A.
b. Tangible Personal Property Report, SF-428, General Terms and Conditions.
6. Record Retention
5N - 02J63801 - 1 Page 5
Access to Records, 2 CFR 200.337, is still in full force and effect. The termination of this award does not affect the right of EPA to disallow costs and recover funds on the basis of a later audit or other reviews. Information regarding record retention, property disposition in accordance with EPA regulations, and other frequently asked questions can be accessed at https://www.epa.gov/grants/frequent-questionsabout-closeouts.
END OF DOCUMENT
Programmatic Conditions
5N - 02J63801 - 1 Page 6
February 22, 2025
MEMORANDUM
SUBJECT:
Termination of EPA Assistance Agreement 5N 02J63801 under 2 CFR 200.340
FROM:
Andrea Manion, Grants Management Officer
TO:
Jill Nishi, CEO
The purpose of this communication is to notify you that the U.S. Environmental Protection Agency (EPA) is hereby terminating Assistance Agreement No. 5N 02J63801 awarded to Philanthropy Northwest. In accordance with 2 CFR 200.340(a)(2) (effective August 13, 2020 - September 30, 2024) and the Termination term and condition contained in the EPA General Terms and Conditions effective August 13, 2020 - September 30, 2024, EPA Assistance Agreement 5N 02J68301 is terminated in its entirety effective immediately on the grounds that the award no longer effectuates the program goals or agency priorities. The objectives of the award are no longer consistent with EPA funding priorities.
It is a priority of the EPA to eliminate discrimination in all programs throughout the United States. The EPA Administrator has determined that, per the Agency's obligations to the constitutional and statutory law of the United States, this priority includes ensuring that the Agency's grants do not support programs or organizations that promote or take part in diversity, equity, and inclusion ("DEI") initiatives, "environmental justice" initiatives, and conflict with the Agency's policy of prioritizing merit, fairness, and excellence in performing our statutory functions. In addition to complying with the civil rights laws, it is vital that the Agency assess whether all grant payments are free from fraud, abuse, waste, and duplication, as well as to assess whether current grants are in the best interests of the United States.
The grant specified above provides funding for programs that promote or take part in DEI initiatives or environmental justice initiatives or other initiatives that conflict with the Agency's policy of prioritizing merit, fairness, and excellence in performing our statutory functions; that are not free from fraud, abuse, waste, or duplication; or that otherwise fail to serve the best interests of the United States. The grant is therefore inconsistent with, and no longer effectuates, Agency priorities.
The process for closeout is generally outlined in 2 CFR 200.344. EPA is clarifying what reports are required and what reports are waived below. Other requirements are still in effect if applicable to your grant.
EPA is requiring the following closeout reports due within 120 days of closeout (2 CFR 200.344a:) Final Federal Financial Report, SF-425 Final Technical Report Other programmatic reports identified in your terms and conditions
As part of this termination, EPA is waiving the following closeout reports: Property Report, SF-428 Final Minority Business Enterprise/Woman Business Enterprise Utilization Under Federal Grants and Cooperative Agreements, EPA Form 5700-52A
The recipient may request payment from the Automated Standard Application Payments (ASAP) system for allowable costs incurred up to the date of this memo provided that such costs were contained in the approved workplan. Costs incurred by you after this termination are allowable only if (a) those costs were properly incurred by you before the effective date of this termination, and not in anticipation of it; and (b) those costs would be allowable if your federal award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. See 2 C.F.R. 200.343. You are encouraged to carefully review and discharge your closeout responsibilities set forth in 2 C.F.R. 200.344-45 and your award agreement. Those responsibilities include, but are not limited to, your obligation to "promptly refund any unobligated funds" that have been paid out but "are not authorized to be retained." See 2 C.F.R. 200.344(g).
Also, per 2 CFR 200.472, a recipient may use grant funds to properly closeout their grant including reasonable and necessary costs that might occur after the date of this memo. If the recipient drew down funds from ASAP for costs beyond the termination date or for costs that exceed the amount necessary to properly closeout their grant, the recipient must contact RTPFC at rtpfc-grants@epa.gov for instructions on how to return the excess funds.
The EPA Grants Management Office has issued an amendment to the agreement to document the termination.
If you wish to dispute this termination decision, the Disputes Decision Official (DDO), Micky Regan, Regan.Mickey@epa.gov must receive the Dispute no later than 30 calendar days from the date this termination notice is electronically sent to you. Disputes must be sent electronically by email to the DDO, with a copy to the EPA Award Official, Manion.Andrea.L@epa.gov within the 30-day period stated above. The Dispute submitted to the DDO must include: (1) A copy of the disputed Agency Decision; (2) A detailed statement of the specific legal and factual grounds for the Dispute, including copies of any supporting documents; (3) The specific remedy or relief you seek under the Dispute; and (4) The name and contact information, including email address, of your designated point of contact for the Dispute. See 2 CFR 1500.15
The requirements on post-closeout adjustments and continuing responsibilities, including audit and record retention requirements, at 2 CFR 200.345 remain in effect.
ATTACHMENT Amendment Document
cc: Lacey Davidson Martha Tomlinson
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