HomeMy WebLinkAboutR-94-01004
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2/17/94
RESOLUTION 9 d 100
NO.
A , RESOLUTION AUTHMZING THE CITY MANAGER M ACCEPT
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THE ECONOMIC ADJUSTMENT ASSISTANCE GRANT, JOINTLY WITH
THE CENTER RM HEALTH TECHNOLOGIES, INC., FROM THE
U.S. DEPAR naw OF COERCE, E oNaaC DEVE[APMENT
ArKENISTRATION, IN THE AMOUNT OF $1, 000, 000, FOR THE
PURPOSE OF RENOVATING CERTAIN CITY -OWNED PROPERTY TO
HOUSE A BUSINESS INCUBATOR FOR HEALTH TECHNOLOGIES,
SAID INCUBATOR TO BE LOCATED AT 1145 NORTfi = 11TH
STREW, MIAMI, FLORIDA, SAID ACCEPTANCE SUBJECT TO
CONDITIONS AS MORE PARTICULARLY SET F= HEREIN;
FURTHER AOTHORSZING THE CITY MANAGER TO ENTER INTO THE
NECESSARY AGREE ENT(S), IN A FM ACCEPTABLE TO THE
CITY ATTORNEY, M ACCEPT AND IMPLEMENT SAM GRANT,
SUBJECT TO APPLICABLE CITY CHARTER AND CODE
PROVISIONS.
WHEREAS, the U.S. Department of Commerce, Economic Development
Administration ("EDA") has set aside funds to promote business expansion and
,job oreation in areas where Hurricane Andrew caused substantial economic
'hardship; and
WHEREAS the City leased, for a period of five years commencing on
October 22, 1992, the former Personnel Offices of the Municipal Justice
Building to the Center for Health Technologies, Inc. ( °CAT") , whose primary
goal is to create new health technologies companies using the incubator and
other support systems, for a period of five years commencing on October 22,
1992; and
WHEREAS, the lease agreement between the City and CRT provides that,
subject to approval by the City Commission, the term of the lease may be
extended and the area being used by CRT may be expanded, commensurate with the
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requesting funds in the amount of $1,000,000 for the renovation of
approximately 45,000 square feet of the existing Municipal Justice Building
(the "Project Site and
WHEREAS, on July 22 , 1993 , the City Commission adopted Resolution
No. 93-493 authorizing the City Manager to submit said grant proposal and
authorized the City Manager, upon approval by the MA, to accept the grant and
to execute the necessary implementing agreements; and '
WHEREAS, the EDA approved the request for funding on December 16, 1993,
subject to oonxii.tions, which must be accepted within 45 days of notification
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of the approval; and
WHEREAS, pursuant to a request from the City and C T, the EDA has extended
the deadline for acceptanoe of said grant to February 24, 1994; and
WHEREAS, the EDA, as a condition of said grant, requires execution of a
Covenant of Purpose, Use and Ownership, which requires the prior written
the
approval of e MA prior to any sale, lease, transfer, conveyance, or
mortgage of any interest in the Project Site or any change in the use of the
Project Site, as authorized by the grant, for a period of twenty-five (25)
years from the date of completion of renovations to the Project Site; and
WAS, the City Commission has stated its acceptance of the grant is
subject to the City retaining the right to recall the property and the City
not be obligated to repay the government's fair share in the event the Project
Site is used for a purpose not authorized by the grant; and.
WHEREAS, it will further be necessary to amend the existing lease
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agreement with the CHr in order to specifically define the portion of the
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. CITY OF MIAMI, FLORIDA
+ INTER -OFFICE MEMORANDUM 36
TO The Honorable Mayor and Members DATE February . 9, 1994
of the City Commission
SUBJECT : Resolution Accepting.
Grant
FROM :. Ces ] O - REFERENCES
Cit a er, ENCLOSURES
RECOMMENDATION:
It is'. respectfully requested that the City Commission .adopt the
attached Resolution authorizing the City Manager to accept a grant,
jointly with'the Center for Health Technologies, Inc. ;("CHT"),.,from.
the U.S. Department of Commerce, Economic Development
Administration ("EDA''), in the amount of,$1,000,000 for the:purpose
of ,creating a, business incubator for health technologies,; said
incubator to be located at 1145 NW 11. Street,. Miami;.: -Florida;
further authorizing the City Manager to enter into the necessary
agreements, in a form acceptable to the City Attorney, to accept
and implement said grant, subject to applicable City.Code
Provisions*.
BACKGROUND:
Pursuant to Resolution 90-16 adopted by the City _Commission on
January 11, 1990, the City issued a revocable permit to CHT, for the
use-of`approximately 3,000 sq. ft. of space at the old Municipal
Justice` Building located at 1145 NW 11 Street for, the purpose of
creatinga business incubator for.health technologies; said permit
'provided for an annualusefee of $1.00.
.On May 28, 1992,. the City Commission adopted Resolution 92-354
authorizing the City Manager to enter into a lease agreement with
CHT for the use of approximately 20,000 sq. ft. of space in
addition to the: original 3,000 sq. ft already granted. This:lease
agreement; dated October 22, 1992 provided for an initial, -five-
year: term at a fee of $1.00 per year. The lease agreement further
provided --that in the event CHT is able to secure private and
' public' financing for the development of .the property located at
1145AW 11.`Street for the purpose of establishing a research and
development center, then, upon approval by the City -Commission, the
lease could be < extended for an additional length of time
commensurate with the requirements for obtaining financing for said
project.
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94- 100
The Honorable Mayor And Members ,
of the'City Commission
Page'2
On July 22, 1993, the Commission authorized the City. Manager -to
submit a grant application, jointly with CHT, to the US'Department
of Commerce, Economic Development Administration (EDA) requesting
funds `" iirf the amountof $1 000, 000 for the purpose-, of . creating .. a_
business incubator for health technologies. There are no matching
funds necessary for receipt of this grant.
Th'e EDA awarded the grant application on December, 16 1993,, subject
4; ,tt conditions, which must be accepted by February 24, 1994. One of
the'conditions for receiving this grant is that the City .will: be
re"quired to execute a Covenant of Purpose, Use and Ownership which
requires the City to use the area being improved, for 25.years from
the -date of completion, only for,the intended purpose .of the grant
unless>:the' EDA approves an alternateuseof the property.
In the event the building is used •for some purpose other than as
authorized under. the grant without EDA's approval,_. the City will
have to compensate EDA in the amount of the EDA's fair share of the
property. This fair share is the percentage of the 'property's
value attributable to the EDA grant, multiplied by the current°fair
market value of the property at the time of unauthorized use.
Based on the current lease, CHT accepted the building in'"as is"
condition, `therefore making CHT responsible for, repairs and
improvements..-'CHT-anticipates using thesegrantifunds to renovate
and improve approximately 45,000 sq. ft. of the existing_ Municipal
Justice Building. The Covenant of. Purpose, Use and Ownership does
not require the City to enter into a 25 year lease agreement with
CHT.':The City may -continue to lease the property to CHT in shorter
,time' periods .. ,
In'the:event=the City commission approves acceptance.of this award,
An item'wi1l be:presented atthe next Commission meeting to amend
the existing lease agreement with CHT in order to specifically
defihe`the'location to be leased under the expanded lease, as well
as'clarify•and assign certain responsibilities related to the grant
award; including but not limited to, consideration, insurance,
construction schedules, approval of plans, taxes•and maintenance of
the:building.
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
Approval and Award of Grant for Sudden and Severe Economic.
Dislocation Implementation Project No. 04-59-03969
The Assistant Secretary of Commerce for Economic Development,
acting pursuant to the authority provided by Title IX, Section 903,
of the amended Public Works and Economic Development Act of 1965
(Act), hereby approves and awards to The Center for Health
Technologies, Inc. and City of Miami, Florida (Grantee), a grant
subject to the terms, conditions, and limitations as set forth
herein and in the attached Special Terms and Conditions and General
Terms and Conditions. This assistance is approved and awarded to
enable the Grantee to carry out the objectives of the Act by
addressing an economic dislocation caused by Hurricane Andrew. It
does not commit the Economic Development Administration (Grantor)
to approve requests for any additional funds.
The maximum amount of grant assistance hereby awarded is $1,060,000
or one hundred (100) percent of the total project cost, whichever
is less. Funds will be made available for the Grantee's eligible
expenses in accord with the attached Special Terms and Conditions
and`General Terms and Conditions.
This Approval and Award of Grant, subject to the Special Terms and
Conditions and General Terms and Conditions, shall constitute an `
obligation to make a grant. Such obligation, must be terminated
without further cause, if the Grantee fails to sign and return to
the'Grantor within forty-five (45) days of approval by the
Assistant Secretary, its affirmation of intent as set forth below.
' Dated this r day of ��.�,.�+/1 D1J� 1993.
Wilbur F. Hawkins
Acting Assistant Secretary
for Economic Development
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Project No. 04-59-03969
II. PROJECT DESCRIPTION AND BUDGET
This grant is made to enable Grantee to
renovate a portion
of a building to be used as an incubator
to house start-up
health technology companies.
Line Items
Amount
Administrative Expense
(a) Interest
$ 25,000
25,000
(b) Other
Architectural/Engineering Basic Fees
50,000
Other Architectural/Engineering Fees
(a) Tests
10,000
Project Inspection Fees
10,000
(a) Resident
Construction and Project Improvement
832,381
Contingencies
47.619
Total Estimated Costs
$1,000,000
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Project No. 04-59-03969
III.
ADDITIONAL TERMS r
A.
PROJECT DEVELOPMENT TIME SCHEDULE: The Grantee agrees to the
following project.development time schedule:
Time allowed after Grantee affirmation of grant award for:
Start of Construction............. ............... 365 days
Construction Period .............................. 18 months
Project Closeout - All project closeout documents including.
final financial information and any required program reports
shall be submitted to the Government not more than ninety
days after the date the Grantee accepts the completed project
from the contractor(s).
The Grantee shall pursue diligently the development of the
project so as to ensure completion of the project and
submission of closeout documents within this time schedule.
Moreover, the Grantee shall notify the Government in writing
of`any event which could delay substantially the achievement
of the project within prescribed time limits. The Grantee
further acknowledges that failure to meet the development
time schedule may result in the Government's taking action to
_terminate the grant in accordance with the regulations set
forth at 13 CFR 305.99(b) and 15 CFR 24.43 (53 Fed. Reg.
8048-9, 8102,_March 11, 1988). ;.�►�
B.
ENGINEERING CERTIFICATE/CERTIFICATE OF TITLE: The Grantee,
prior to solicitation of bids for construction of this
project, shall furnish to the Government an acceptable
Engineering Certificate showing all lands, rights -of -way and
easements necessary for construction of the project along
with an acceptable Certificate of Title on said lands,
rights -of -way and easements showing good and merchantable
title free of mortgages or other foreclosable liens.
C.
ARCHITECT/ENGINEER AGREEMENT: The Grantee, prior to the
disbursement of grant funds, shall submit to the Government
for approval an Architect/Engineer agreement that meets the
requirements of Section I of the EDA publication,
"Requirements for Approved Projects," as well as the
competitive procurements standards of Department of Commerce
Regulation at 15 CFR Part 24 or OMB Circular A-110, as
applicable. The fees for basic Architect/Engineer services
shall be a lump sum or an agreed maximum and no part of the
fees for other services shall be based upon a cost -plus -a-
percentage -of -cost or a cost using a multiplier.
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Project No. 04-59-03969
D. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department
of Labor requirements set forth in 41 CFR 60-4 establish
goals and timetables for participation of minorities and
women in the construction industry. These regulations apply
to all Federally assisted construction contracts in excess of
$10,000. The Grantee shall comply with these regulations and
shall obtain compliance with 41 CFR 60-4 from contractors and
subcontractors employed in the completion of this project by.
including such notices, clauses and provisions in the
Solicitations for Offers or Bids as required by 41 CFR 60-4
The goal -for the participation of women in each trade area
shall be as follows:
From April 1, 1981, until further notice: 6.9'percent
All changes to this goal,• as published in the Federal
Register in accordance with the Office of Federal Contract
Compliance Programs regulations at 41 CFR 60-4.6, or any
successor regulations, shall hereafter be incorporated by
reference into these Special Terms and Conditions.
Goalsfor minority participation shall be as prescribed•by
Appendix B-80, Federal Register, Volume 45, No. 194,
October 3, 1980, or subsequent publications. The Grantee
shall include the "Standard Federal Equal Opportunity
Construction Contract Specifications" (or cause them to be
included, if appropriate) in all Federally assisted contracts
and subcontracts of this project. The goals and timetables
for minority and female participation may not be less than
those published pursuant to 41 CFR 60-4.6.
(2
SCLOSURE OF FEDERAL PARTICIPATION: In compliance with.
ction 623 of Public Law 102-393, no amount of this grant
all be used to finance the acquisition of goods or services
ncluding construction services) for the project unless the
antes agrees to:
specify in any announcement of the awarding of the
contract for the procurement of the goods and services
involved (including construction services) the amount of
Federal funds that will be used to finance the
acquisition; and
express the amount announced pursuant to paragraph (1)
as a percentage of the total cost of the planned
acquisition.
The foregoing requirements shall not apply to a procurement
for goods or services (including construction services) that
has an aggregate value of less than $500,000.
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F.
G.
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Project No. 04-59-03969
DRUG -FREE WORKPLACE ACT: The Grantee understands that it is
subject to the Drug -Free Workplace Act of 1988, Public Law
100-690, Title V, Subtitle D, and 15 CFR Part 26 (55 FR
21678, May 25, 1990) for projects approved on or after.
March 18, 1989.
DOC COMMON RULE: On March 11, 1988, the Department of
Commerce published regulations, (15 CFR Part 24) 53 Fed. Reg.:
8048, 8087-8103, effective October 1, 1988, prescribing
requirements previously prescribed pursuant to Office of
Management and Budget (OMB) Circular A-102. Any reference,
therefore, to OMB Circular A-102 contained in these Special
Conditions or in the General Terms and Conditions of the
Grant Agreement, means Department of Commerce Regulation at
15 CFR Part 24.
H. NEW RESTRICTIONS ON LOBBYING: This grant is subject to
Section 319 of Public Law 101-121, which added Section 1352,
regarding lobbying restrictions, to Chapter 13 of Title 31 of
the United States Code. The new section is explained by
the U.S. Department of Commerce in an "Interim Final Rule,"
15 CFR, Part 28 (55 FR 6736-6748, 2/26/90). The Grantee and
subrecipients are generally prohibited from using Federal
funds for.lobbying the Executive or Legislative Branches of
the Federal Government in connection with this grant.
The Grantee shall require each person who requests or
receives from the Grantee a subgrant, contract, or,
subcontract exceeding $100,000 of Federal funds at any tier
under this grant, to file a Form CD-512, "Certifications
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions and Lobbying"
and, if applicable, a Standard Form-LLL, "Disclosure of
Lobbying Activities" regarding the use of any nonfederal
funds for lobbying.
The Grantee shall file and shall further require each
subgrantee, contractor, or subcontractor that is subject to
the subrecipient Certification and Disclosure -provision of,
this Special Condition to file a disclosure form at the end
of each calendar quarter in which there occurs any event that
requires disclosure or that materially affects the accuracy
of the information contained in any disclosure form
Previously filed by such person. Disclosure forms shall be
handled as described above.
An Indian tribe or organization that is seeking an exclusion
from Certification and Disclosure requirements must provide
(preferably in an attorney's opinion) EDA with the citation
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Project No. 04-59-03969
of the provision or provisions of Federal law upon which it
relies to conduct lobbying activities that would otherwise be
subject to the prohibitions in and to the Certification
and Disclosure requirements of Section 319 of Public Law
No. 101-121.
I. FIRST PRIORITY UNSUBORDINATED LIEN: It is agreed that Part
B, Section 2 of the General Terms and Conditions for
Construction Components of Title IX Implementation Grants,
which requires that EDA be granted a first position,
unsubordinated lien against property acquired or improved
with grant funds, is waived. It is further agreed that in
lieu of this waived',condition, the following Special
Condition (J.) applies to this grant.
J. COVENANT OF PURPOSE, USE -AND OWNERSHIP: The Grantee agrees
that for 25 years from the date of completion, which is
acknowledged to be the useful life of this Project, the sale,
lease, transfer, conveyance, or mortgage of any interest in
the real property acquired or improved in whole or in part
with the funds made available through this grant, without the
prior written approval of the Assistant Secretary of Commerce
for Economic Development, is not an authorized use of such
property under this grant, as provided in the Code of Federal
Regulations, Title 13, Part 314 (13 CFR Part 314).
The Grantee further agrees that in the event it uses the
property other than as authorized under this grant, without
the prior written approval of the Assistant Secretary, the
Grantee will compensate the Government in the amount of the
Government's fair share of the property, as provided in the
Code of Federal Regulations, Title 13, Part 314 (13 CFR 314).
The Governments's fair share is that percentage of the
property's value (as of the date of sale, lease, transfer.,
conveyance, mortgage, or unauthorized use) attributable to
the EDA grant, multiplied by the current fair market value of
the property at the time of unauthorized use.
The Grantee further agrees that, as a prerequisite to
accepting the disbursement of any grant funds by EDA, the
Grantee shall execute and place of record, against the
property acquired or improved in whole or in part with the
funds made available through this grant, a Covenant of
Purpose, Use, and Ownership stating the substance of this
condition. EDA will in its sole discretion determine whether
the Covenant is satisfactory, and EDA may require an opinion
of counsel for the Grantee that the Covenant is valid and
enforceable according to its terms, and has been properly
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Project No. 04-59-03969
recorded. In the event of breach of any of these covenants
for which the government seeks compensation as provided .
herein, Grantee on behalf of itself and successors shall
guarantee payment thereof.
f
K. FLOOD INSURANCE: In accordance with.the flood insurance
purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234), the Grantee shell
submit to the Government, prior to the disbursement of funds,
a copy of the flood insurance policy covering the insurable'
portions of the project.
L. ENVIRONMENTAL: The Grantee, prior to the start of
construction, shall furnish to the Government satisfactory
evidence that all asbestos materials have been contained
within the subject property in accordance with the National
Emission Standards for Hazardous Air Pollutants (NESHAPS).
M. NAME CHECK REQUIREMENT: The name check requirement applies
to nonprofit and for -profit organizations. Both officials:of
state and local governments and officials of accredited
colleges and universities who are acting on behalf of their.
'respective entities in applying for assistance are exempt
from the name check requirement. In addition, -all elected
officials of state and local governments who are serving in
other capacities when applying for assistance are exempt.
1. The Government reserves the right to take any action
affecting this award if, as a result of the name check
review, either subsequent to granting of the award or
acceptance of the award, one of the following occurs:
(a) The Grantee fails to identify, and to submit Form
CD-346, "Identification - Applicant For Funding
Assistance," or, when required, Form FD-258;
"Applicant Fingerprint Chart," for each of the
following key individuals:
(i) Sole proprietorship - the proprietor;
(ii) Partnership - each partner (general and
limited) (For Certified Public Accounting
firms, only those individuals who have
authority to speak for and/or commit the
Grantee in the management of the award and/or
expend funds are subject to the name check
review.);
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Project No. 04-59-03969
(iii) Corporation each officer; each individual
owning or controlling at least 20 percent of
the enterprise; the chief financial manager;
the project manager; and any other person or
entity who has authority to speak for and/or
• commit the Grantee in the management of the
award and/or expend funds;
(iv) Joint venture - each officer of each company
in the joint venture; each individual owning
or controlling at least 20 percent of each
company in the joint venture; the chief
financial manager of each company in the joint
venture; the project manager; and any other
person or entity who has authority to speak
for and/or commit the Grantee in the
management•of the award and/or expend funds;
and;
(v) Nonprofit organization -executive director,
project manager, chief financial manager and
any other person or entity who has authority
to speak for and/or commit the Grantee in.the
management of the award and/or expend funds.
(b) The Grantee, key individual, or any other person
associated with this award made an incorrect statement
or omitted a material fact on the form CD-346 or form
FD-258;
(c) Significant adverse findings result from the name check
review that reflect on the integrity or responsibility
of the Grantee and/or key individual.
2. In the event of a significant adverse finding, the
Government, at its discretion, may take one or more of .then
following actions:
(a) Terminate the award immediately for cause;
(b)' Require the removal from association with the management
and/or implementation of the project of any person or
persons, and if appropriate, to require that the
Government be afforded the right of final approval of
any person or persons to replace any individual removed
as a result of this condition;
(c) Make appropriate provisions or revisions at the
Government's discretion with respect to method of
payment and/or financial reporting requirements.
44- 100
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'ror 'the purpose o,"`these General Terms and G editions, (a) the
•' •.;+'term "Government" - @Cerr, to the Economic Development Administr8�
�tion: (b) the ter Secretary" refers to the Assistant
,Secretary of Commsrcc for Economic=Development: and, (c) the
iet rm,"Grantee" refers to the undersigned recipient of
.,Governmental funds under the agreement to which this is an
attachment Made a part thereof. The work, the facilities
'Iand/or-.the property, real or personal, which is financed wholly
t6r in part by the Government hereby will be referred to as "the
r "
,project.
;4't`he Public Works and Economic Development Act of 1965, 'and its
.1. mendmenta are hereinafter referred to as P.L. 89-136, as
.amended.
•Some -of. the terms and conditions herein contain by- reference nor
substance a summary of the pertinent- statute or regulations
published in the'Code_of Federal Regulations. To the extent
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•;that it is a summary, such term or condition is not in
Merogation of, or an amendment to, the statute or regulation.
LA11`statutes or regulations whether or not referenced herein
are to be applied as amended on the date they are -administered.
A. Statutory Requirements
The Government shall be under no obligation to disburse
funds unless the Grantee is in compliance with the
following requirements:
1. The Grantee shall comply, .and require each of its
.., contractors and subcontractors employed in the
completion of the project to comply with all
applicable Federal,'State. Territorial: and local
r!; laws, and in particular the following Federal laws and
'1~ regulations issued thereunder:
a. The Davis -Bacon Act, as amended (40 USC 276a (5) _
(42 USC 3222, as amended) )
b. The Contract Work Hours Standards Act, as amended
(40 USC 327-332) s
c. The Copeland "Anti -Kickback" Act, as amended.
(40 USC 276.(c) s 18 USC 874)
d. .Title vi of the Civil Rights Act of 1964, as
amended (42 USC 2000d-2000d-4) and Executive
Orders 11114, 11246, and 11375, and specifically
the following
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,kill uiantee will Incorporate or cause to t incorporated into f
any .contract'[iconstruction work, or modification 'thereof, as
defined in the rules and regulations of the president's
`.'.." committee on Equal Opportunity, which is paid for in whole or °
In ;'part with funds obtained from the Federal Government or
borrower on the credit of the Federal Government pursuant to a
grant; contract, loan, insurance or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract,
loan, insurance or guarantee,'the following equal opportunity,
clauses
"During the performance of this contract, the contractor agrees
as followss
(1) The contractor will.not discriminate a3ainst
any employee oe applicant for employment because of
race, colort religion, sex, or national origin. The •
contractor will take affirmative action to ensure that
applicants are employed, and that employees are
treated during employment,'without regard to their
race, color, religion, sex'or national origin. Such
action shall include, but not be limited to the
following: employment, upgrading, demotion, or
transfers recruitment or recruitment advertisingt
layoff or termination: rates of pay; -or other forms of
compensation: and selection for training, including
apprenticeship. The contractor agrees to post in
conspicuous places. available to employees and
applicants For employment, notices to be provided by,
the contracting officer setting forth the provisions -
of this nondiscrimination clause.
(2) The contractor will. in ail solicitations or
aivertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants
will recelve consideration L•or employment without
regard to race, color, religion, sex or national
origin.
(3) The contractor will send to each labor union
or representative of workers with which he has a
collective bargaining agreement or other contract of
understanding, a notice to be provided by the agency
contracting officer,. advising the labor union or
workers" representative or the contractor's commitment
under Section 202 of Executive order No. 11246 of
September 24, 1965s and shall post copies of the
notices inconspicuous places available to employees
and applicants for employment.
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(4) The contractor will comply with all 2
provisions of Txecutive order Ito► 1124G of
September 24, 1965, and of the rules, regulations, and
relevant orders and amendments of the foregoing, of
:
the Secretary of Labor.
' (5) The contractor will furnish all information
and reports; required by Executive order No. 11246 of
September 24, 1965, And by the rules, regulations and
• orders, and -amendments of the Coragoinq, of the
Secretary of Labor, and will permit access to his
books, records, and accounts by the Government and the
Secretary of Labor for purposes of investigation to r
'ascertain compliance with such rules, regulations and
orders.
(6) In the event oC the contractor's non—
compliance with the'nondisc:imination clauses of this
contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated or
suspended in whole or in part and the •contractor. inay
be declared ineligible for further Government '
contracts in accordance with procedures authorised in
Executive Order No. 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies '
.invoked"as provided in Executive order No. 11246 of
September 24, 1965, or by rules, regulations, orders,.
and amendments of the foregoing, of the Secretary of
Labor; or as otherwise provided by law.
a (7) The contractor will inclurle the provisions
of paragraph (1) through (6) in every subcontract or
purchase order unless exempted by rules, -regulations,
• _ ar orders of the.Secrjetary of Labor• issued pursuant to
Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The
contractor will take such action with respect to any
subcontract or purchase order as the.Government may .
direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided,
however, that in the event that the contractor becomes:
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction
by the Government, the contractor may request the
United States• to enter into such litigation to protect
the interest of the United States."
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The Grantee further agrees that it will be bound by
the above equal opportunity clause with respect to, its
own employment practices when it participates in
Federally assisted (construction) work: Provided:that
if the 'Grantee so participating is a state or local
government, the above equal opportunity clause is not;
Applicable to any agency,.instrumentality or
subdivision of such government which does not
participate in work on or under the contract.
r
,5
The Grantee agrees that it will assist and cooperate
actively with the administering agency and the
Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal ''' ►.;
opportunity clause and the rules# regulations, and '!
relevant orders,of the Government that it will furnish
the 'Government such information as they may require
For the supervision of such compliance, and that it
will'.otherwise assist the Government in the discharge
of.its primary responsibility for.s.ecuring compliance:
The.Crantee further agrees that it will refrain from
entering into any contract or,contract modification
subject to Executive Order 11246 of September 24,
1965, with a contractor debarred from, or who has n®t
demonstrated eligibility for, Government contracts and.
Federally assisted construction contracts pursuant to
the Executive order and will carry out such sanctions
and penalties for violation of the Equal opportunity
' clause .as may be imposed upon contractors and
subcontractors by the administering agency'or the
secretary of Labor pursuant to Part lit subpart D of
the Executive Order. in addition, the Grantee agrees
that if it fails or refuses to comply with these
undertakings the Government may take any or all of the
following'' actions: cancel, terminate, or suspend -in
whole or in part this grant; refrain from extending
any further assistance to the Grantee under the
program with respect to which the failure or refusal
occurred until satisfactory assurance of future
compliance has been received from such Grantee; and
refer the case to the Department of Justice for
Appropriate legal proceedings.
e. Prior to advertising for bids on the construction
of the Project# the Grantee will submit a "Certiii-
cation of Nonsegregated Facilities" as required by the
Pj4.� 100
5
D .
`., • •
May 9 r 1967, order (32 P.R. 7439, May 19, 1967) on
'
Elimination of Segregated facilities, by the secretary
•
of Labor, agreeing to provide prospective conskruction.
contractors on the Project with the following notices
i,
"NOTICE TO PROSPECTIVE FEDERALLY ASSISTED r
CONSTRUCTION CONTRACTORS
i
A certification of Nonsegregated Facilities, as
required by the May 9, 1967, order (32"F.P.. 7439.
?
May 19, 1967) on Elimination of Segregated Facilities1.
by the, Secretary. of Labor# must be submitted prior to
.
the award of a Federally assisted construction
_
contract exceeding $10.000 which is .not exempt From .;
the provisions of the Equal Opportunity clause. '
Contractors receiving Federal assisted construction
contract awards exceeding $10,000 which are not exempt
.'�
from the provisions -of the Equal Opportunity clause
o'
will be required to provide for the forwarding of the
Following notice to prospective subcontractors for
:•
supplies and construction contracts where the
. _
subcontracts exceed $10#000 and are not exempt from
•the provisions'of the Equal Opportunity clauses
fi
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF
REQUIREMENT FOR CERTIFICATIONS OF `•
NONSEGREGATED FACILITIES
'
A certification of: Nonsegregated Facilities, as
required ,by the May 9 e 1967, order (32 F.R. 7439. .
May'190 1967) on Elimination of Segregated Facilities
by the Secretary of Labor, must be submitted prior to
the -award of a subcontract exceeding $10000 which is
.;,
ne't exempt from the provisions of the Equal '
opportunity clause.
Contractors receiving subcontract awards exceeding
S10,000 which are not exempt From the provisions of
the Equal Opportunity clause will be required to
provide for the forwarding of this notice to
prospective subcontractors for supplies and ,
construction contracts where the subcontracts exceed
$10,000;apd are not exempt from the provisions of the
Equal. Opportunity clause." ,
�� - 100
S
f. if the Project includes sewer or other waste
' disposal Facilities, no Government funds will be
disbursed• unless the Environmental Protection Agency
issues a certificate as required by Section 106,
P.L. 89-136,
g. The Grantee shall file the certification wind
• agreements required by section 711, P.L. 69-136, as
amended# 13 CPR 309.7, as amended.
h. Public Law 90-480, as amended, and the
' regulations issued thereunder (13 CPR 309.14),
prescribing standards for the design and construction
of any building or facility intended to be accessible
,,• .`
to the public or which may result in the employment of
�•
handicapped persons therein.
t
No person in the United States 'shall on the
ground of sex be excluded from participating in, be
4,';
- denied the benefits oft or be otherwise subject to
_:
discrimination in -connection with this 'Project
(Section 112 of P.L. 92-65 F amended j 13 CPR Part 311).9
j. Pursuant to Section 504 of the Rehabilitation Act
.4 :.
of 1973, the Grantee must provide fair and equitable
r
treatment for. the handicapped. The recipient will
:N
comply with the Department of Commerce regulation. 15
�•:;•,`
CPR Part 8b, implementing Section 504. This regula-
tion protects the rights of handicapped persons and
t,!
establishes a mandate to end discrimination.
•°.,.
k. The Grantee hereby covenants and agrees to be
••
bound by Title 1S CPR Subtitle A, Part 6 (Noll-
:
Discrimination in Federally Assisted Programs,
_•
U. S. Department of Commerce), as amended# and by
Title 13 CPR Part 311.
1. Age Discrimination Act: The Grantee agrees to
t�=
' abide by the regulation of the Department of Commerce
pursuant to the provisions of the Age Discrimination
•s• :�i:
,Act of 197S (1S CFR Part 20) . The regulation
,.
prohibits discrimination on the .basis of age in
_
`•'•'
programs or activities receiving Federal financial
• iss•istance.
•• • f=,
04-• 100
}
.m. The Grantee hereby agrees that no Funds made
available from this grant shall be used, directly or
indirectly, for paying attorneys' or consultants' fees f;
In connection with securing grants made by ZDA, such
as, for example, preparing the application foe this
assistance. However, attorneys' and con sultAntal fees
incurred for. meeting grant requirements such as, for'
'.�
example, conducting a title search, or preparing plans'
;•
and specifications, may be eligible project costs and
• i
may be paid out oVkunds made available from this
grant provided such'costs are otherwise eligible.
c
t
The Grantee agrees to comply with theirequirements
i
of the Uniform Relocation Assistance and Real property
'
-Acquisition Policies Act of 1970, P.Y.. 91-646, as amended
(42 U.S.C. 4601, et seq.); and 49 CFR Part 24.
•
o.• the Grantee agrees to comply, and require each of
its contractors and subcontractors ;to comply with 'all
applicable standards, orders, or regulations issued
pursubnt to the Clean Air Act, as amended'
(42 USC 1857) and Executive Order 11738; and the •
:••
Federal:Water Pollution Control, Act, as amended
(33 USC,1251), and to*report all violations thereof'to r.
�' ••
the Environmental Protection Agency and to EDA and.
Specifically to comply with the• following: • . •
Vor the purpose of this paragraph, the
following definitions apply: '
1�
(a) The.term "Recipient" means the Grantee.
(b) The term "facility" means .(a) any
building.,. plant, installation,, structure, mine. vessel
or other -.floating craft, location or site of
'
operations (b) owned, leased, or supervised (e) by the
•��
Recipient' or its contractors and the latter
subcontractors (d) for the construction, supply and
service contracts entered into by the Recipient for '
•
the purpose'of accomplishing this Projects
(2) ';The Recipient agrees to comply with rederal
clean air .a•nd water standards during the
accomplishment of this Project and specifically agrees
to the follecwing:
;.. Page Relision 8-1.90
100
5
w
(a) that any facility to be utilized in the
'
' accomplishment of this Project is not listed on the
Environmental Protection Agency's (EPA) List- o'f.
Violating Facilities pursuant to 40 ;CPR, part'15,20=
(b) That in the event a facility utilized
• in the accomplishment of this Project becomes listed
on the EPA List, the Government may, inter alia,
cancel, terminate for default, or suspend for such
failure, in whole or in part, the agreement=
(c) that it will comply with all the
requirements of Section 114 of the Clean Air Act and '
Section 308 of the Federal Water Pollution Control Act
relating to inspection, monitoring, entry, reports,
and informations as well as all other requirements
specified in Section 114 and Section 308, respectively,
and all regulations and guidelines issued thereunder)
j
(d) that it will promptly -notify the
Government of the receipt of any notice from the
Director, Office of Federal Activities, Environmental
Protection Agency,indicating that any facilities
utilized or to.be utilized in the accomplishment of
this Project is under consideration for listing on the
EPA List, of violating Facilities.
(e) that it will insect in any of its
contracts and require insertion in subcontracts
entered - into for the purpose of accomplishing this.
Project# unless otherwise exempted pursuant. to the EPA
'
regulations implementing the Air or Water Act (40 CFR,
Part 1S.S), provisions which shall include the
criteria and requirements set forth in this paragraph,
including this subparagraph (e);
(f) that in the event that either the
,'' '•
Recipient or its contractors or the latters'
,:•
subcontractors for the construction, supply and
.:..
•r•
service contacts entered into by the Recipient for the
;'
purpose.of.accomplishing this Project were exempted
from complying with the above subparagraphs under the
provisions of 40 CFR, Part 15.S(a),,the exemption
-shall be nullified should the facility give rise to a
•:•
criminal conviction (See 40 CFR, Part 1S.20) during
iy:.i•
�4� •100
e.
the accomplishment of this Project. Furthermore, With
the nullification of the exemption, the above sub-
-paragraphs shall be effective. The Recipient shall
notify the Government, as soon as the Recipient's, its
contractors' or the latters' subcontractorla facility
'
is listed For having given rise to a, criminal
i
conviction noted in 40 CPR, part 15.20. ,
P. The Grantee hereby agrees 'to comply with the
.;
requirements of all pertinent rules and regulations
issued under and pursuant to the National Environs
�•
,
mental' Policy Act of 1969 (P.L. 90-190) t the National
•_'
Historic Preservation Act of 1966 (60 State 915. 16
'
USC 470) 1 Executive Order No. 11593 of May,31., 19711
and the Wild and Scenic Rivers Act (P.L. 9d-W)r as
amended.
Cl The Project will not cause or be a.hazard as a'
result of Flood as required by Executive Order 11296.
.�
The Grantee will fulfill any flood insurance require-
ments under the Flood Disaster protection Act of 1973
(P.L. 93-234, 87 Stat. 975) a$ amended, and any '
-regulations issued thereunder by the U. S. Department
'
of Housing and Urban Development and/or the Economic
Development Administration (13 CPR 309.is) •
r. The Project shall not include any facilities for
the generation, transmission or distribution of
electrical energy or the production or transmission of
gas (natural, manufactured.or mixed).
.,,
s.-' The Grantee warrants that the Project will be
properly and efficiently administered, operated and
•
maintained as required by Section 604, P.L. 89-136.
• ;�':
Prior to construction completion, the Grantee shall
submit evidence. satisfactory to the Government that
sufficient funds are available for requisite capital
expenditures necessary to commence operations and to
`
administer, operate and maintain the Project for its
useful life. '
20
if.compliance with any of the provisions of this Agree-
ment would require the Grantee to violate any appli-
cable Federal', - State or Territorial law, the Grantee
shall', as soon as possible, notify the Government, in,
094- 100
10
writing so that appropriate action may be taken by 'the
i
Government to allow, if possible, the Grantee to
proceed as soon as possible with construction of the"
Project.
3. The employment of all laborers and mechanics, including
apprentices and trainees, as defined in Parts 31'St
and Sat Subtitle A, Title 29. Code of Federal
Regulations, as amended, shall be applicable to every
invitation for bids, and to every negotiation, request
for proposals, or request for quotations, for
` construction contracts. and to every such contract
.
entered into on the basis of such invitation or
-,..
negotiation. Part Sao 3, Subtitle As Title 29, Code
of Federal Regulations shall constitute the conditions
of each contract in excess of $10000, and each
Grantee and contractor shall include•. these conditions
or provide for their inclusion, in each such
contract. Parts Sao. 4, Sao S, Sao 6,and Sao 7 shall
,�•.,. �.
also be included in each such contract for the
' X.
' information of the contractor. Apprentices and
trainees shall be hired in accordance with the require"
ments of Part Sao
Be GENERAL REQUIREMENTS •'
1. Prior'to any solicitation of bids for construction
-'
work or whenever and so often as the Government
; U
requests:
a. The . Government may require the Grantee to obtain
'_•x,: j
in addition to any other steps required by the Agree-
ment, approval by the Government of'(i) its final
'•:
plans and specifications and (ii) the bidding _proce-
; .- •� '
dures for all construction work and for all material
c
and equipment acquisitions.'•�'•`r�
••; • •,:
be The Government may require the Grantee to furnish
s
evidence satisfactory to the Government that:
(1) the Project costs are reasonablet,
,
(2) it has sufficient funds in addition to the
funds_ provided by the Government to complete the
Project, including interim financing, if any;
94 too
It
4
. t
3
t3) It has obtained, or can obtain, all' land,
rights.-ofway, permits, franchises and all Federal, '
'State and local coordinations and approvals necessary
to the completion of the Project, and in all other
respects has complied with pertinent Federal, State or .
local laws; and,
(4) its agreement with an architect/engineer for
design and other services specifies a fixed or maximum
fee for basic Services. Basic Services are described.
in the booklet, Requirements for Approved projects,
issued to all Grantees.
Grantee expressly agrees to grant to EDA a'•first '• . .
i
it b
' . •''
t
�r or y unsu ordinated lien against, -or security
Lnterest in, the property acquired or improved in
+hole or -in part with the funds made available through
6his Award- and Approval of Grant. This... -lien or
;ecuri.ty interest must be perfected in accordance with
Local law. EDA will, in its sole discretion,. '••
determine whether the lien or security interest which
has been granted to EDA is satisfactory, and it may
require an opinion of counsel for the Grantee to
substantiate that the lien or security interest hes
been properly recorded. The Grantee further agrees
that in the event that it alienates in any manner, any
interest in the real property acquired or improved
with EDA grant funds, EDA shall be entitled to recover
damages. FDA's regulation at 13 CPR S314.A provides
that upon disposition of property acquired or improved
with EDA grant funds, EVA shall be entitled to a
recovery, based upon the ratio of the percentage of
EDA's participation in the total cost of the project
o the fair market value of the property at the time
of the disposition. For the purposes of the lien, the'
amount or EDA's damages shall be the full amount of
EDA's grant, plus interest from the date of the
disposition. This lien must remain in effect through
the useful life of the project as defined in
�l3CPR S314.6 (a) . Alienation shall include, but not
f'+e limited to sale, lease, rent, option or mortgage.
3. The Grantee shall perform all construction work and
make all material, equipment, and any other'property
acquisitions by contracts or documents for which prior
approval by the Government maybe required.
24- 104
H
t
�r or y unsu ordinated lien against, -or security
Lnterest in, the property acquired or improved in
+hole or -in part with the funds made available through
6his Award- and Approval of Grant. This... -lien or
;ecuri.ty interest must be perfected in accordance with
Local law. EDA will, in its sole discretion,. '••
determine whether the lien or security interest which
has been granted to EDA is satisfactory, and it may
require an opinion of counsel for the Grantee to
substantiate that the lien or security interest hes
been properly recorded. The Grantee further agrees
that in the event that it alienates in any manner, any
interest in the real property acquired or improved
with EDA grant funds, EDA shall be entitled to recover
damages. FDA's regulation at 13 CPR S314.A provides
that upon disposition of property acquired or improved
with EDA grant funds, EVA shall be entitled to a
recovery, based upon the ratio of the percentage of
EDA's participation in the total cost of the project
o the fair market value of the property at the time
of the disposition. For the purposes of the lien, the'
amount or EDA's damages shall be the full amount of
EDA's grant, plus interest from the date of the
disposition. This lien must remain in effect through
the useful life of the project as defined in
�l3CPR S314.6 (a) . Alienation shall include, but not
f'+e limited to sale, lease, rent, option or mortgage.
3. The Grantee shall perform all construction work and
make all material, equipment, and any other'property
acquisitions by contracts or documents for which prior
approval by the Government maybe required.
24- 104
H
12 -
4.• The Grantee and Grantor shall accept and apply the
,
standards and provisions, as applicable, set forth in
Office of Management and Budget Circular No.' A•102,
Revised (OM13 Circular No. A-102), "Uniform
••
Administrative Requirements for Grants -in -Aid to State
and Local Governments," and OBM Circular No. A-110,
"Uniform Administrative Requirements:. Grants and
Agreements with Institutions of Higher Education,
Hospitals and Other Nonprofit Organisations". In the
event of conflict between the above OMB Circulars an4
enabling legislation, the latter shall prevail.
5o in accordance with OMB Circular No. A-102,, Attach-
ment B•, or OMB Circular No. A-110, Attachment He the
•'
Grantee shall follow its own requirements relating to
'
bid guarantees,•performance bonds, and payment bonds
.•�:
' unless the construction contract or s'ubcontcaet
exceeds s100,o00. For those contracts.or subcontracts
�•
exceeding 1100,000, the Federal agency may accept the
bonding policy and requirements of the Grantee
• provided the Federal agency has made'a determination'.
'
that the Government's interest is adequately
'
protected. if such a determination has not been made,
the minimum requirements shall be as follows:
.:^r
a. • A bid guarantee from each bidder equivalent to
five percent of the bid price. The -"bid guarantee"
•�:
shall consist of a firm commitment such as a bid bond,
•:�
certified check, -or other negotiable instrument
accompanying a bid as assurance that the bidder will,
upon acceptance of his bid, execute such contractual
documents as may be required within the time specified..��.
b. A performance bond on the part of the contractor
' for 100 percent of the contract price. A "performance
bond'" is one executed in connection with a' contract to
secure fulfillment of all the contractor's obligations
'
l4.�•;;
under such contract.
• Co A payment bond on the part of the contractor for
•'
:.
1.00 percent of the contract price. A "payment bond"
;,�:
is one executed in connection with a contract to
•
�:•_••
as.suce payment as required by law of all persons
supplying labor and material in the execution of the
work .provided for in the contract.
94- 100
_0-94
THU �3,.- �8
13
..
r
• 5.
,
The Granter agrees that it will not, without they.. pr for
written consent' of the Government, order oC permit Any
'
change in the Final plana and specifications which
would entail any substantial, variance in tho projeot`l
.,,
or increase the cost thereok,
?.
The Grantee shall provide and maintain on its behalt
competent and adequate architectural or engineering
•
services to design and supervise the development and
•'
construction of the Project
•'.��� � 0,
The Grantee shall establish a Project bank account or
accounts satisfactory to the Government, into which
shall be deposited funds for the financing of the '
Project. 01sbursaments from the Project bank -
• .
account (O shall be for the purposes and within the
amounts for each 11na item in the approVeid project
t
budget except as otherwise speciCLcail1y'-auth$rixe4 by
the Gov$rntnent. The Government reserves ,the right to
require the prior 6pproval of disbursements Xrom the .
,+
Project bank account. (Not applicable to State 99
•
local Governments. ,
9�
The Grantee shall cause to be erected at the site of
the Project, and maintained during construotiON signs: ;
satisfactory to the Government identifying the Project .
and indicating the fact that the Government is
participating in the development of the Pra5e0t,
100
The Grantee agrees that it will not without the prior
written consent of the Government, order or parn►it the.
total incurred cost to exceed any' of the line items in
the coat estimates approved by the Government for the
1]..
The Grantee shall, include in All contracts anti
subcontracts, in language aceoptable to the
Governtnantr provisions requiring the maximum feasible
employment ,of local labor for work which io or
reasonably may be clone as on -site work and shall take
reasonable steps to assure continuing compliance with ,
such contract provisions• ,
i
}
4� 100
12.
The Grantee shall establish, maintain And preserve,
•
and require each of its contractors and subcontractors
to establish► maintain and preserve property
management, project performance, financial management
and reporting documents.and systems, and such other
books, records, , and other data pertinent to the
Project as the Government may require. While such
records shall be retained for a period of -three years
following receipt of final payment by the Grantee,
derailed exceptions are stated in 13 CPR 309.9.
13.
The Grantee shall require that each of its contractors
and subcontractors render to the Government and the
General Accounting Office the right to inspect and
monitor all work► materials, payrolls, records and
•
personnel, invoices and other relevant data and
•
records pertaining to the development and construction
of the Project.
14.
The Grantee covenants that each of :•its officials or
employees having custody of the Project funds during
acquisition, construction, development and operation
shall be bonded at all times in an amount at least
equal to the total Funds in his custody at any one ,
time; provided that if the Grantee is a State or local
unit of Government, the Bond shall be in such amount
as nocinally required by such body.
is$
The Grantee shall carry insurance, and require each
contractor and subcontractor to carry •insurance, ;of
such types' and in such amounts as the Government may
specify, with insurance carriers acceptable to the
Government; provided that if the Grantee is a State or
local unit of Government the insurance requirements
normally required by the State or local units of
Government will prevail.
16.
The Government reserves the right to require the
Grantee to submit, prior to the commencement of
construction, an independent appraisal. or appraisals
by an appraiser or appraisers acceptable to. the
Government of the current fair,market value of -any or
all of the land and facilities (including buildings, -
machinery and equipment) to be included as pant of the
' aggregate cost of the Project.
04—• 100 ..
a
•
i
•
- 15
17.
The Government reserves the right to suspend the i
•_
grant, and withhold further payments, or prohibit the
.�.»
Grantee from incurring additional obligations, pending
i .
corrective action by the Grantee or .a decision by the
.I _.•
Government to germinate the grant unless the Project
is completed to the satisfaction of the Government. i
16.
Costs for interest during the construction period
shall not include any interest on borrowed funds. in
'
-excess of the .amount needed to pay current project
costs. •
• `''`• 190
Funds will be made available by way of a check drawn on ;
the United States Treasury in accordAnce with all
provisions of the grant and all applicable requirements of
'.�
the U. S. Government including particularly, but . not
limited to, OMB Circular No. A-1020 Revised or OMB
Circular No. A-110 and OMB Circular No."A-81. The Grantee
agrees to request a Treasury Check only to meet actual
'immediate disbursement needs. ,Immediate disbursement '
'
needs are determined as of the latest practical point for
'
the Grantee's payment of eligible costs.
20.
Disbursement of Funds by the Government. does. not
constitute its acceptance of any items -as an eligible
Project cost until all, Project costs have been audited
anti determined to be reasonable by - the Government*
21.
If the actual costs of the Project are -less than the
estimated costs, the grant will be reduced .ter the
• ``
extentnecessary to comply with the .percentage
"•
limitation sett forth in the Grant Agreement.
220
The Grant Administrator (GRA) , an named in the Special
Terns and Conditions, is responsible -Cot the
administration of the grant and liaison with the
Grantee. The.GRA is also responsible for evaluating
the operation of this grant as performed by the
-
Grantee, and for the acceptance of ail work required
under the Grant Award and Terms and Conditionse
including the approval of any and all reports and such
PaSe Revision 6/13/90
94— 100
.
,
• other specific responsibilities as.are stipulated in
various terms of the graht. The GRA is not authorized
to make any commitments, otherwise obligate ,the
• .;
Government, or authorize any changet that affect the
~'•,'
-grant amount, terms or conditions.. Such changes shall
`_• be made only with the expressed prior authorization of
the Assistant Secretary for Economic bevelopment, or
.,.
,
his designated representative, to be accompllshed•by a
written Approval and Award of Grant Amen4ment.
,
230 The Grantee shall submit annual reports for each year
•.
that the assistance continues commencing' -the date this
Award is accepted and for one (1) year 'thereafter
14;
indicating the status of all activities funded by the
grand the costs incurred for each completed and/or
alit.
partially completed activitye and any, operational
costs of .activWes t the degree to vh'ich the
:•
activities have achieved their goalst,and the overall
►..
effectiveness of the -economic assistance provided in
meeting the adjustment needs of the' area. These,
reports shall be in accordance with the requirements
'
of Attachments H and x 'of OMB Circular No. A-102e as
:'•.
. amended. Reports shall be submitted to the GRA at the
address shown on page one of the Special Terms and
Conditions. An information copy of all reports shall
t�
also be submitted to the Director, Economic Adjustment
;
Division, Economic Development Administration; V. S.
Department of Commerce, HCHD 7327, 14th and
Constitution Avenue, N. W., Washington, Do Co 20230.
°*'•�
''�
in addition, the Grantee agrees to inform the
•'`'
Government if events occur which have a significant
Impact upon the Project, whether positive or negative
+s=;
1n nature.
ti:.....
24:. A. The Government shall have the right to terminate
A
• for cause all or any part of its obligation hereunder
(1) Any representation made by the Grantee to
y,
the Government in connection with the application for
:••:'
Government assistance shall be incorrect or incomplete
;:' •�
In any material respect.
(2) The Grantee falls to comply with the
essential condition of this Agreement, or that It
shall not diligently pursue the development of this
' 94-
100.
,
-•� 17
T
Project to ensure completion. it is expressly ;.
,understood and agreed that the Grantee shall notify
�
the Regional Director ;in the event -delays occur which ' t
�•.
substantially affect the accomplishment of the' Project.
(3) The intent and purpose of the Project is
..'�'.
changed substantially so as tosignificantly affect
•
the accomplishment of the Project as intended.
<!'
(4) The Grantee has violated commitments made by
I•
it in its application and supporting documents cc has '
violated any of 'the terms or conditions of this -•
Agreement.
(5) Any official, employee, architect; attorney,' '
engineer or inspector of or for the Grantee or any.
�.
Federal, State or local official or Kep'resentative,
,;••
becomes directly or indirectly interested financially
•
in the acquisition of any materials or equipmento or.
•
in any. construction for -the Project, of in, the
. •.
furnishing of ;any servide to or in connection with' the
_
Project# or in any benefit arising therefrom.
(6) The Grantee fails to report immediately to
the Government any change of authorized representa- ': r
,five (s) acting in lieu of or in behalf of the Grantee..
25.
B.. The obligations hereunder may be terminated For '
convenience ifs
(1) Both the Grantee and the Government agree
that continuation of the Project would not produce
ben£lcial results commensurate with the further
.
expenditure of funds.
(Z) Both the Grantee and the Government shall
agree.upon:the termination conditions, including the
effective date and, in the case of partial
'
terminations, the portion'to be terminated.
•
•(3) The'Grantee agrees to incur no new '
obligations for the terminated portion after the
effective date and to cancel or satisfy all
'
outstanding obligations as of that date.
94- 100
Prior to disbursement of any. funds by the Government.
'pursuant to this Award, the Grantee will arrange to
'
have all facilities provided in this project, which
are financed in whole or in part by Federal funds,
covered by a covenant or covenants running with the
land on which the facilities are located, binding on
successors or transferees or assigness, guaranteeing
that those facilities will provide service without
discrimination to all persons without regard to their
race, color, religion, sex or national origin.
The Grantee agrees to comply with the provisions of
13 CPR Part 314 on property management and any -.
�:•
.amendments thereto, and with any requirements imposed
4
by or pursuant to circulars issued,by OMB and any
amendments' thereto*
c
if the Project includes a water supply system and/or
•
water facilities, no constructiom.shall be commenced
until it has been established to the satisfaction of
the Government that the quality and quantity. of water
available to the Project is sufficient for the
1
purposes of the Projects provided, however, that If
k•
the quality and quantity of water available tannob'be
�..
determined without the construction of part of the
�•
Project, the Government may authorize the construction
of such pant prior to authorizing construction of the
remainder of the Project.
'�.�A
,
The Grantee hereby covenants that in the event it is
authorized by the Government to lease any €aeLlities
constructed as part of this Project to concessionaires
or operators, it will obtain from such concession-
aire(s) or operator(s) and submit to the Government
..properly executed -Forms (e.q.o Certificate of
-Non-Relocation: Assurances of Compliance with The
Department of Commerce Regulations under Title VI of
the Civil Rights Act of 1964; and Assurance of Job
Opportunities for The Unemployed) prior to completion
of the lease agreement(s).
The Government may, at its option, require the Grantee
to include in the request for construction bids a
requirement that each responsive bidder will provide
44- 100
bids on two schedules:, (1) one based on continuing ,
,throughout the period of adverse weather,
X
.construction
and (2) one based on the normal shutdown during the
%;;
same period. The Grantee must reserve -the right to
•','
award the construction contract on the basis of the
`
low bid on either schedule.
•s '
Care must be taken to insure that all work performed '
+::
during the periods of adverse weather are structurally
sound and as•durable as work performed under favorable
'
weather conditions. The requirement for work during
s.•t
adverse weather conditions shallbe to stated that the
contractor shall not be required to continue work
during actual conditions covered by the following
weather warnings as issued by the V. S. Weather -.
.;
Bureau: (1) snow and/or heavy icing,' (2) 'severe
:
(3) tornado, or (4) hurricane.
,thunderstorms,
• 31.
Nonexpendable personal property acquired with
Government funds will be retained until:,there is no
'
longer a need to accomplish the purpose of the
' •
Project. After that.time the Grantee shall first use '
such property in other Government projects or secondly
a
••
in projects of other Federal Governmental agencies]
.
such other projects being those of the -Grantee t
herein. When the Grantee is unable to use the `•
�.
property as aforesaid the regulations of the
Government shall be applied per OMB Circulars A•102, ,
A-110 or other applicable legal requirements.'
Property records shall be maintained accurately and
provide for: a description of the property,
manufacturer's serial number or other identification
•'.;
number., percentage of funds used in the purchase of
the, property, location, use and condition of the
property, and such other data .as may be required per
OMB Circulars A-102, A•110 or•other applicable legal
requirements. A physical inventory of the property
shall be taken, and the results reconciled with the
t
property records, at least once every two years. A
control system shall be in effect to insure adequate
safeguards to prevent loss, damage or theft, -any .of
which shall be investigated and fully documented.
' 32
i£ construction work is to be performed in a
geographical area covered by bid conditions issued by
the office of Federal Contract Compliance, the Grantee
0 � 100
2 y
` a,,
i
shall include such bid conditions as part of its
•
construction contract, or any modification thereof,
in such areas, the Grantee shall also include In
contracts for construction work, or any modification
thereof, provisions requiring the contractor to report
its manpower utilization on a monthly _basis using the
latest Optional Form 66, Monthly Manpower Utilization
Report.
33.
Any program income earned by the Project between the
• date of approval and the date of completion shall be
?
deducted from'the total Project costs for the purpose
•
of determining the net costs on which the Federal
share of costs will be basedi or added to funds
i
committed to the Project by the Government and the
Grantee and used to further eligible program
objectives. ;
t
346
The -Grantee shall have the sole authority and full
responsibility, without recourse to the Federal
Government or any of its agencies, for.the settlement
.:.
and satisfaction of all contractual and administrative
issues arising out of this grant.'
i
3S.
The Grantee shall submit quarterly performance reports
to assure that time . schedules are being met and that
projected _work units by time periods are being
accomplished. Between required performancereporting
dates, Grantee shall inform the Government of all
problems, delays or adverse conditions which will
materially affect the ability to attain program
objectives, 'prevent the meeting of .time schedules and
:+
goals, or preclude the attainment of project work
units by established time periods. This disclosure
shall be accompanied by a statement of the action
•,„�'
taken, or contemplated, and any Federal assistance
;.•.�
needed to resolve the situation.
;
360
The Grantee agrees to' Furnish a copy of the auditor
engagement letter upon execution, and . Four copies of
the resultant audit report upon issuance, to the
.r.
Office of Management and Budget (OMB) designated
cognizant Federal audit agency.
�
94- 100 ; -
i • •.•,•
- 21 1
�• i
�If. the Grantee has no OMB designated cognizant audit
• ,,;
,
Agencyr the copies of the auditor engagement -letter,
.."
and audit report ahould be sent to the Department of
Commerce Regional/District Audit Office responsible
,• +�
for Vie area in which the Grantee is located. -
j, l =
In meeting its audit obligations the Grantee will
;.,
assure thats
"
Audits are performed in accordance with the
applicable requirements of OMB' Circulars No. A-12
(15 CFR Part 8A) or A-133!* The Grantee agrees that a
financial and compliance audit on an .organization -wide
`'� 3
.basis will usually be performed annually, but not less
i+
frequently than every two years. .
• ,.
b. Audits are made in accordance with the
• •'
General Accounting -office Standards for Audit of
;r
Governmental or anizations Pro rams, Act v Mes and ,.
In
Functions, the GuidellmeR For Mmancial- and-Com liance '
Avd PFFederrr7l1y Assisted Programs, any.compl ante •
supplements approved by OMB, and generally accepted•.
..
auditing standards established by the American
Institute of Certified Public Accountants.
c. Auditors engaged will meet the qualification
requirements -set forth in the -General Accounting Office
Standards for Audit of Governmental or anizatons
Pro rams Act VI es an Fuhct on5,4n accordance with
�*
the applicable procurement requirements of Attachment 0
to OMB Circulars 'No. A-102 or A-110.. Nongovernmental
auditors must be either independent -certified public
accountants or independent licensed.public accountants
'+
licensed on or before December 31, 1970.
d. The auditor will retain the audit work
papery and report•$ for at least three, years from the
date of the audit report unless the auditor is
r
notified in writing by the cognizant Federal audit
agency of the need to extend the retention period. The
audit work papers, will be trade ,available -upon request
'
to the cognizant Federal, audit agency or its designees
and the General Accounting Office' or its designees.
Pase Revision 5-ZO•-91
*� 15 CFR Parts 8a, 29a, and 29b.
56 FR 15992-15998, 4/19/91 4 _ 100
22
i
}
e: As required by Department of Commerce
` Administration Order 213•S, Audit Follow-up and
Resolut ion, the .Grantee is expected to respond to any t
questioned costs and other audit findings and provide
additional documentation to support such response
Mithin 30 days after the receipt of an audit report
from the Office of Inspector General. EDA wil'1
consider any response or documentation received -during
this 30-day period in reaching its final determination
concerning eligibility of coats t any Grantee response
or documentation received by EDA more than 30 days
after Grantee receipt of the audit report, and before
EDA's final determination, may be considered. FDA's
' final determination shall 'be in -writing and furnished
to the Grantee.
Actions that result from EDA's finait.:determination
such as the establishment of a debt or claim against
the Grantee, are not subject to appeal within EDA.
f. A final management system will be maintained
in accordance with the standards•prescribed in OMB,
Circular Noe A-102, Attachments G and P or OM8
Circular Noe A-110, Attachment F, as applieables
go Financial records will be retained as well
Wall other documents pertinent to the grant in
accordance with Attachment C of. OMB Circulars No.
A-102 or A-110, as applicable.
he Financial reports will be submitted in
accordance with the schedule contained in the Terms
and Conditions, and in accordance with Attachment N of
OMB Circular No. A-102 or Attachment G of OMB Circular
No. A-110, as applicable.
370 The Grantee shall notify the Government promptly
whenever the amount of the authorized grant, is
expected to exceed the needs of the Grantee. '
38. Except for such aspects as, but not limited to, zoning '
building permits, and recording requirements, this
Grant shall be governed by and construed under Federal
law.
9'4 — 100
{
- 23 ,--,
ti � �•
39 By affirming its intention to use the grant awarded, t
the Grantee represents that it has not paid, and also,
agrees not to pay, any bonus or commission for. the ;
,purpose of obtaining an approval of its application
for this assistance.
•:400 The Grantee agrees to comply with P.L. 89-136..as k
amended, and all regulations issued pursuant thereto,
beginning at 13 CPR 30le
11 The Grantee. agrees that the obligations,af the. -Grantee t
hereunder shall also be made applicable:to'any sub-
grantee or borrower in any agreement by the Grantee to
subgrant or lend funds received by the Grantee under r
this agreement.
42. No obligations shall be created by Recipient for any
purpose pertaining to the operation of -the program or
activities for which the funds were awaeded where" the
obligation would require performance beyond the
expiration date stipulated in the award document.
Funds may only be expended -beyond the expiration date
for activities such as the preparation of final
reports and documents directly associated with the
close out' of the award in accordance with OMB
Circulars No. A-110 or A•102, and'for obligations
•properly created prior to the expiration dated r
Verbal or written assurances of refunding shall not
constitute authority to obligate -funds for
programmatic activities beyond the expiration date.
Funds shall not be obligated unless or until an award
document is received by the recipient.
A
t
-�nih��! •�, uilul, �atrfy � - 100
•
section 3. The City Manager
is here -by authorizedZ�, upon
approval of said grant, to aooept
the same 'and eseoute the
'.:.4�e88ary
implementing agreement (8).
in a f Orm acceptable to the
t
}.
City Attorney.
_section 4. Thin Resolution,
sball become effective
ianmesdiately upon its adoption.
PASSIM AM ADOP= this 22nd
day of J1,171993.
-r--•
ZA";'= L. =A= hAYQii
ATTBST'"
ffiATTY;
CITY CLBRK.
PMAM 'A= . APP84PM 8Y t
1
.'
CAR= L . .JEW
A9SISTAn CZTY AT'1an=
APP&4''V'8ti A3 M PM AM CQ8R8CT8SSS
40
• ,n
A.
C=
CLL:ra:bss:X374?
the 2 w*d a authorization is further subject to compliance Vith
asp. re gairements that nay be imposed bg the City Attorney,
ag Luau bat not limited to those
prescribed by applicable
City Charter and Cade provisions.
04_ 100
�✓ herein aathoriratioa is twther snbjeot to oompliaaae with
ali regairemeatsthat say be imposed by the City Attorney.
i�o].tidiag bat sot limited to those preeoribed by applicable
City Charter and Code pro4isioas.
94100,