HomeMy WebLinkAboutO-09149Amendment N* 61 TO ORDINANCE NO. 3719
ORDINANCE NO. 9149
AN EMERGENCY ORDINANCE AMENDING SECTIONI
OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26,
1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE,
AS AMENDED, BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED "EDA-PWIP SUMMER INITIATIVE
PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERA-
TION OF SAME IN THE AMOUNT OF $1,000,000; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the City Commission adopted Ordinance No. 8719
on October 26, 1977, establishing resources and appropriations
for grant funds anticipated by the City of Miami, Florida and
for corresponding City matching funds; and
WHEREAS, the City Commission adopted Resolution No.
on , 1930 authorizing the City Manager
to accept the "Offer of Grant" dated from the
U. S. Economic Development Administration, in an amount not to
exceed $1,250,000, including an in -kind match of $250,000 by the
City, for the purpose of conducting a Labor Intensive Summer
Initiative Program;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 1 of Ordinance No. 8719, adopted
October 26, 1977, as amended, is hereby further amended as follows:(l)
"Section 1. The following Trust and Agency funds are hereby
established and resources are hereby appropriated as described
herein:
FUND TITLE: EDA - PWIP Summer Initiative Program
RESOURCES_: U. S. Economic Development
Administration $1,000,000
APPROPRIATION: EDA - PWIP Summer Initiative Program $1,000,000"
Words and/or figures stricken through shall be deleted. Under-
scored words and/or figures constitute the amendment proposed.
The remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material. All figures
are rounded to the next dollar .
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
Section 4. This ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the pre-
servation of peace, health, safety, and property of the City of Miami,
and upon the further ground of the necessity to make the required
and necessary payments to its employees and officers, payment of its
contracts, payment of interest and principal on its debts, necessary
and required purchases of goods and supplies, and to generally carry
on the functions and duties of its municipal affairs.
Section 5. The requirement of reading this ordinance
on two separate days is hereby dispensed with by a vote of not
less than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 24th day of July , 1980.
A TEST:
OALPT G. ONGIE, CITY CLE
BUDGETARY REVIEW:
.47
MANOHAR SU%MA, ACTING DIRECTOR
DEPT. O AGEMENT AND BUDGET
APPROVED AS TO _F-CAR-.AND CORRECTNESS:
GEORG;f F. KNOX, J
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
LEGAL REVIEW:
L
9149
001,
Joseph R. Grassie July 23, 1980
City Manager
THRU: Richard L. Fosmoen
Assistant City Manager
Julio A. Castano, Director
Dept. of Trade & Commerce elopment
"It is recommended that the attached
Emergency Ordinance be approved by the
City Commission creating a Trust and
Agency Fund entitled "EDA-PWIP Summer
Initiative Program".
In order to properly expedite the expenditure of a million
dollars grant from the U. S. Economic Development Administration,
under the Public Works Impact Program, there is a need to open
up a Trust and Agency Fund account. The attached ordinance autho-
rizes the City Manager to do so, as a follow-up to the Resolution
authorizing the Manager to accept the Offer of Grant from EDA on
this program.
JAC:zd
MIAMI REVIEW
ANDOAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami. Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally ap•
peared Becky Caskey. who on oath says that she is the
Assistant Director of Legal Advertising of the Miami
Review and Daily Record, a daily (except Saturday,
Sunday and Legal Holidays) newspar, published at
Miami in Dade County, Florida; that he attached copy
of advertisement, being a Legal Advertisement or
Notice in the matter of
CITY OF MIAMI
Re: Ordinance 9149
in the X.. X..X..._ ............... Court
was published in said newspaper in the issues of
July 30, 1980
Alfiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami, in
said Dade County. Florida, and that the said newspaper
has heretofore been continuously published in said
Dade County. Florida, each day (except Saturday, Sun-
day and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami, in
said Dade County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corpora-
tion any discount, rebate, commission or refunda for the
purpos)ea
securing or ent for putilicatlon
in the newsy
toand subscri bet a is
n3Q/& djSw
oi�, ..._.�' .4 ... t9.. .80
Large
■ (SEAL)
My Commission expires June 16. 1982.
MR 67•i
0
CITY OF MIAtA '' P 1 •• ••
DADE COUNTY, FLORIQAt y C i or k
LEGAL NOTICdy Of Miami, Fla.
All interested will take notice that on the 24th day of July 1980, the
City Commission of Miami, Florida passed and adopted the following
tilled ordinance:
ORDINANCE NO. 9149
AN EMERGENCY ORDINANCE AMENDING SECTION I OF
ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 19", THE
SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS
AMENDED, BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED "EDA-PWIP SUMMER
INITIATIVE PROGRAM", AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN THE AMOUNT OF
$1,000,000; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
nmRALPH ONGIE
CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 30 day of July 1980
7/30 M80-073055
1
a
Joseph R. Grassie
City Manager
Richard L. Fosmoen
Assistant City Manager
rti 7i A`.1 i, 1 %1
July 23, 1980 �:lf
EDA Grant
Attached is a copy of a grant offer we have received from the Department of
Commerce/Economic Development Administration. The grant was applied for
approximately 10 days ago and was received from EDA 2 days ago. It is
necessary to schedule this item on an emergency basis for City Commission
acceptance and appropriate budgetary action. The grant allows us to employ
464 economically disadvantaged persons to do public works projects in the
City of Miami.
Since this is an 8 weeks employment program and we are extremely anxious to
use the funds to employ economically disadvantaged people, we are holding
2 job fairs today and Thursday. We expect to fill all 464 jobs in these 2 days.
This is the first of the $71,000,000 riot response package that was announced
by the Carter administration. I believe that EDA and the City of Miami have
been extremely responsive and I feel that this program will have an immediate
impact on the high unemployment rate in the affected areas.
80-615
80-6,16
L? -
G,
--- JUL 15 19i0
tr U.S. DEPARTMENT OF COMMERCE
: Economic Development Administration
SOUTHEASTERN REGIONAL OFFICE
''•'�� a Suite 700
1363 Peachtree St., N. E.
Atlanta Georgia 30309
In reply refer to:
Project No. 04-11-02045.20
Honorable Maurice A. Feree
Mayor, City of Miami
P. 0. Box 330708
Miami, Florida 33133
Dear Mayor Feree:
We are pleased to enclose herewith three copies, two of which
have been signed, of an Offer of Grant in an amount not to
exceed $1,000,000 issued pursuant to your application for
Federal assistance to fund the Summer Jobs Initiative.
The total project cost is $1,250,000, which is based on the
line item estimates contained in Attachment No. 1 hereto.
Your acceptance should be indicated by the signature of your
principal official on one of the signed copies of the Offer of
Grant. The accepted copy should be returned to the Economic
Development Administration, Atlanta Regional Office, Suite 700,
1365 Peachtree Street, N. E., Atlanta, Georgia 30309.
Also enclosed are two copies each of Form ED-1004, "Designation
of Depositary for Direct Deposit of Grant and/or Loan Funds",
and Form SF-1194, "Authorized Signature Card for Payment Vouchers
on Letter of Credit", which must be completed and forwarded to
the Regional Office in order for you to be issued a letter of
credit. (The issuance of a letter of credit may not be necessary
if you have an existing letter of credit from this agency, or
if your total grant funding under this legislation is less than
$120,000; in such cases please contact the Letter of Credit Desig-
nee at the Regional Office before completing these forms.)
You are cautioned not to make any commitments in reliance on this
grant, nor to enter into negotiations relative hereto,.,until you
have carefully revim..,ed the terms and conditions and have deter-
mined that you are in compliance or that you can comply'therewith.
Any commitments or undertakings entered into prior to obtaining
the approval of the Government in accordance with its terms and
conditions will be at your own risk.
Sincerely,
har 1 s ' qz
Director, Atlanta i q on
Enclosures
I
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Z J
SOUTHEASTERN REGIONAL OFFICE
•I'"jjO''�
Suite 700
1365 Peachtree St., N. E.
Atlanta, Georgia 30309
Project No. t 04-11--02045.20
Offer Date : JUL 2 5 1980
'
Public Works and Development Facilities
a
OFFER OF GRANT;;
Pursuant to its authority under the Public Works and Economic Development
f;
Act of 1965, as amended, (P.L. 89-136) and subject to the Special Conditi-
ons (Exhibit "A") and the Standard Terms -and Conditions (Exhibit "V', dated
October 1, 1978), both incorporated by reference herein, the Economic'.
Development Administration, U. S. Department of Commerce (hereinafter the
"Government"), offers a Grant not to exceed $1,000,000 to City of Miami,
Dade County, Florida (hereinafter the "Grantee") in order to aid in the
construction or equipping of public works or development facilities pre-
sently estimated to cost $1,250,000 and consisting of clean-up and im-
provemonts of selected publicly owned land and facilities (hereinafter the
"Project") provided that in no event shall this Grant exceed whichever is
the lower of $1,000,000 or 80 per cent of the actual cost of the Project
as determined by the Government.
This Offer, the Acceptance, the Special Cc:.ditJ6ons, and the Standard Terms
and Conditions including ant• addenda shall cons ti=ute the "Grant Agreement".
Acceptance of this Grant Offer must be returned to t"he Economic Development
Administration prior to JUL 3 1 1980
i
ECOI40MIC DEVELOP,•IENT ADUIT41STRATIO-J
By: A% .r �� �f; I Director, Atlanta Renion
C axles E. Oxley � /hereby
(Title)
The above Offer of
Grant accepted.
Date: CTTY OF '-ITAIMI , D?1DI: COUNTY, FLOP.IDA
(Name of Grantee)
J By: City Manager
11 (Signature and Yrintcd flame) {Title of Accepting Official) '•
Joseph R. Grassie
CERTIFICATI0i7 (ny Official Other than Accepting Official)
The person signinU this Acceptance is SO authorized by the Governing Body �
or Board of the recipient.
(Signature)
Ralph G. Ongie
(Printed Name)
i
t
City Clerk '!
(Title of Certif}incj official) -'t�
(Date) —(
►-C++��/ t f+, S'N U.S. III PAll r1.1', ►IT 01 C0MMrI#Cf' IPA Aflochm+u► flo. 1
•lift V$. 1.1.1 111-C otI OMIC I+1- Vt. l V 1'Mt 11 r AI, MIN It, t 11 AT ,
C
PUBLIC WORKS PPOJFCT LINE ITEM FSTIMATFD COSTS
04-11-0204 5. 20
Florida
Di1e
FDA Project
L ine It _,n%
F!rope•.• d
�rov'.•d
Adtninisrfative
S
(:I) lntc•rest
(b) Other
39,000
39,000
Prclic:inary Expense
L::nd, %r:uctures, and I.ii;las-of=.gay
250,000
250,000
Archicrcr;ral/hnginrerin�, Basic Pees
Oth,•r Architectual Engineerinp Pcr:;
Project Insrrction PIES /AL:111r rCcS
7, 000
�f
/ /000
PVILIC:IttUn Exrenses
Kciu,.tti.,:, Payalenrs to Iudivi?uals
aril
D-,uli:.- n nn. xmoval
(:t) 1-11c'It
812,5010
812,500
(h) non -Labor
1411501
Co:o,tv:.'tion and Proic'ct Ir.Ij>:I,;:•r.: r.r
Lal:or
(l1) uon-Labor
I
1'otal E!;tirlat: d Co•:ts
S 1,?50,000
S 1,21'i0,000
UO Ctl.t71'i' fu-ml Lo 1w? Il_C' •�...:lL(.
,
U. S. Dlsl)��h1'ili:i-T 011 COM,',V',I:Cr
Economic D:!velopment: 1ldntini:;t:rati.on
Exhibit "A"
Public 14or"kt:: and Dove lol)me-11L: facilities
Project No. 04-11-020-15.20
City of
Miami-P. O. Bo:; 330703
Miami, Florida 33133
SPECIAL CO';I)T IO`i
1. The Grantee asmires that all wort: on this project will be on sites,
publicly oanod or on which appropr.isc.e easements or rights-of-c•:ah
are publicly held.
2. Prior to the start of any work on this project, the Grantee shall
provide evidence! satisfar.tory to th, Government that all propo.3eu
imnrovcmcnts to buiIdin;u or structure:! have been submitted to the
following for their comments and approval:
Historic Preservation Division
Metro -Dade Of lice oL Co;I1:nUnity and
Ucono- c Dc'velopmaent
190 S. E. 12th Terrace
Miami, Florida 33131
3. The Grantee assures, that 75 p, rcont o" th ! jobs creclte:l will b:
targeted to the unomplolecl, and school drop-ont.s.
4. The Grantee ar-,sul:c:, that pi'ojc'(.'i: t:o)"l: will. start imC!i_`l�t:.lt^.l'.' upon
approval and will be ul)s>L.:nti 11y co:,i;)l:Acd wi L-hin La;o m n ':11:;.
5. The Grantee assures that: it-. will pro,'ido to the Govern:il:,nt, prior
to draw-do,.of the fil)c!1 10 pe:r(::2nL of the letter-ot-ere: it, a
statement reflecti.n1 th actual IZt::.)1) r of wcor.l:cd on
the project, L-h,:: act -teal. of p.)r:,or.-n?onth:: of em lo, n`.onl— nc,I? :r-
ated an;1 the actual I1U:Ili);`1" of from th^
project art:'l c•:hc) wero on the she)'..;inq tot;ll, minority
and fciiwlc cmnla,ec:;.
0. Thr' C,r:lnt.('e ai",111 C's 111 )i: .iL v,i11 .:1)i(I" 1)y all t11c_' rUC't11.r
U.IP. CirQU1i11" ['.-102 ari l:,'v.l:;c!d (Unifori? 11C1II11I1.L.^.L1":lt]Ve I:Cl:]llrrC'I'1C!IIt::I
for Grit nts-in -111d for SLt,le and T,o,-,i!1 LO 11.110
Ll-l:incl contrlliul:lon portion of this projc-•ct.
7. The Grantee agre(!:, t.hdL, prior to the i:isuitncn of its T,ettor-of-
Credit , it will obLIlirl L•'U:': rlhl)1'o'.',ml of a plan _.ho;:ind Ilk)...; it will
provide an in --].in;! cont.rLhi,,t-..ion W $2")(),000. Prior to cc>.: l ticn
of L11(2 1)ro j(-ct, thy! C I ,1nt c,. wi ].l p ov I:D:I wit11 a (I t, i Ic-i 1)1 c`,1':-
du::n of cuL;I s :;ho:: itl•I her.:, in fact, it t)ro: i d c, I the in-1:i:1c1 con
buti.on of $250,000,
f,
q 10)
Exhibit "B"
October 1, 191E
U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
Public Works and Development Facilities
STANDARD TERMS AND CONDITIONS
For the purpose of these Standard Terms and Conditions, the term (a)"Government"
refers to the Economic Development Administration; (b) the term "Assistant
Secretary" refers to the Assistant Secretary of Commerce for Economic Development;
and (c) the term "Grantee/Borrower" refers to the undersigned recipient of
Governmental funds whether receiving a Grant, a Loan, or a Grant and a Loan,
under the agreement to which this is an attachment made a part thereof. The work,
the facilities and/or the property, real or personal, which is financed wholly or
in part by the Government hereby will be referred to as "the Project."
The Public Works and Economic Development Act of 1965 and its amendments are
hereinafter referred to as P. L. 89-136.
Some of the terms and conditions herein contain by reference or substance a
summary of the pertinent statutes or of regulations published in the Code of
Federal Regulations. To the extent that it is a summary, such term or
condition is not in derogation of, or an amendment to, the regulation issued
by a Federal agency. All 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/Borrower is in compliance with the following requirements:
I. The Grantee/Rorrower shall comply, and require each of its contractors
and subcontractors employed in the completion of the project to
comply t•;ith all applicable Federal, State, Territorial, and local
and in particular the following Federal laws and regulations
issued thereunder:
a. The Public ;dorks and Economic Development Act of 1965, as
amended, P. L. 89-136, 42 U.S.C. 3121, et seq, and regulations,
13 CFR, Chapter III;
b. The Davis -Bacon Act as amended (40 U.S.C. 276a-276a (5); 42
U.S.C. 3222, as amended));
c. The Contract Work Hours Standards Act, as amended (40 U.S.C.
327-333);
d. The Copeland "Anti -Kickback" Act, as amended (40 U.S.C.
276 (c); (18 U.Q.C. 874));
e. Title VI of the Civil Rights Act of 1964, as amended (42
U.S.C. 2000d-2000d-4), Executive Orders 11114, 11246 and 11375,
41 CFI,, Dart ^-�, n L. ')2-65, Section 112, 1' CFR 31'.4� 43
I
-2-
as amended, regulations issued pursuant to the Age Discrimination Act
of 1975, 42 U.S.C. 6101, e__t_ �seq., when they become effective on or
after January 1, 1979, and sued other civil rights legislation as is _
applicable;
f. The Clean Air Act as amended (42 U.S.C. 7401, et seg.);
g. The Federal Water Pollution Control Act, as amended (33 U.S.C.
1251, et seq.);
h. The Endangered Species Act, as amended (16 U.S.C. 1531, et seg.);
i. The Coastal Zone Management Act of 1972, as amended (16 U.S.C.
1451, et seg.);
j. The Safe Drinking Water Act of 1972, as amended (42 U.S.C.
300f-j9);
k. The Energy Conservation and Production Act (applicable to con-
struction of new residential and commercial structures) (42 U.S.C.
6801, et seg.);
1. The Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271, et
seg.);
m. The Historical and Archeological Data Preservation Act, as
amended (16 U.S.C. 469);
n. Executive Order 11990, Protection of Wetlands (May 24, 1977);
o. Public Law 90-480, as amended, (42 U.S.C. 4151, et seq.) and the
regulations issued or to be issued thereunder, 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;
p. Section 504 of P. L. 93-112 (29 U.S.C. 794), and the implementing
regulations in 15 CFR Part 15 as soon as such regulations become
effective prohibiting discrimination against the handicapped under
programs or activities receiving Federal financial assistance;
q. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P. L. 91-646, as amended), (42 U.S.C. 4601, et
seq.) and 13 CFR Part 310, as amended;
r. The Flood Disaster Protection Act of 1973, P. L. 93-234, as
amended, (42 U.S.C. 4002, et seg.) and regulations and guidelines
issued thereunder by the U. S. Department of Housinq and Urban
Development and/or the Economic Development Administration:
s. Office of Management and Budget Circular A-102 or A-110 as
applicable (A-102 is applicable to Governmental Grantees. A-110 is
applicable to non -governmental grantees);
-3-
t. E.O. 11988, Floodplain Management, May 24, 1977, and regulations
and guidelines issued thereunder by the Economic Development
Administration;
u. National Environmental Policy Act of 1969 (P. L. 90-190); the
National Historic Preservation Act of 1966 (16 U.S.C. 470); and
Executive Order No. 11593 of May 13, 1971, and all pertinent rules
and regulations issued thereunder;
v. The Lead -based Paint Poisoning Prevention Act (42 U.S.C. 4831)
and the implementing regulation in 13 CFR 309.29.
2. If the Project includes sewer or other waste disposal facilities,
EDA will not approve final plans and specifications, authorize
advertising for bids, or disburse funds until the Environmental
Protection Agency has issued a certificate as required by Section
106, P. L. 89-136 (42 U.S.C. 3136).
3. The Grantee/Borrower shall file the certification and agreements
required by Section 711, P. L. 89-136, as amended, (42 U.S.C. 3221)
13 CFR 309.7, as amended.
4. Prior to the disbursements by the Government of any loan funds
pursuant to this agreement, the Grantee/Borrower must demonstrate to
the satisfaction of the Government that funds are not otherwise
available on terms which will permit the completion of the project
as required by Section 201, P. L. 89-136 (42 U.S.C. 3141).
5. The Grantee/Borrower warrants that the Project will be properly
and effeciently administered, operated and maintained as required
by Section 604, P. L. 89-136 (42 U.S.C. 3204). Prior to construc-
tion completion, the Grantee/Borrower 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.
B. General Requirements
I. The Grantee/Borrower shall comply with the administrative, pro-
cedural and policy requirements contained in the current edition of
the Economic Development Administration booklet, "Requirements for
Approved Public Works Projects", and the applicable regulations of
the Economic Development Administration.
2. The Government reserves the right to suspend the grant or loan,
and withhold further payments, or prohibit the Grantee/Borrower
from incurring additional obligations, pending corrective action by
the Grantee/Borrower or a decision by the Government to terminate
the grant or loan unless the Project is completed to the satisfac-
tion of the Government.
-4-
3. The Government shall have the right to terminate for cause all
or any part of its obligation hereunder if:
a. Any representation made by the Grantee/Borrower to the
Government in connection with the application for Government
assistance shall be incorrect or incomplete in any material
respect.
b. The Grantee/Borrower fails to comply with the essential
condition of this Agreement, that it shall diligently pursue
the development of this Project to ensure completion within
the length of time proposed in the Offer. Failure to meet
the schedule in the Offer may cause the Government to ter-
minate the Offer of Grant. It is expressly understood and
agreed that the Grantee/Borrower shall notify the Regional
Director in the event delays occur which substantially
affect the accomplishment of the Project.
c. The intent and purpose of the Project is changed sub-
stontially so as to significantly affect the accomplishment
of the Project as intended.
d. The Grantee/Borrower has violated commitments made by
it in its application and supporting documents or has
violated any of tho terrL or conditions of this Agreement.
e. Any official, employee, architect, attorney, engineer
or in�i,ector of or for the grantee,';'orrclrer or an Federal,
State or local official or represeotzti.ie, becomes directly
or indirectly interest^c financiall: in the acquisition of
any materials or equip-iont, or in any' construction for the
Project, or in the fy;rnishings of any service to or in
connection with t^r! i'ro,ject, or in a.ly benefit arising
t"_refrorn.
f. .he Fails to re;,-ort irm, _-diately to
th,-_ ir)verrr!en� 3nv c,,?nrle of auttlnrized rcr,resentative(s)
a�tinq in lieu of cr in '.)�ll` of the -r3nree/9orro.%,Pr.
4. obl i'latic,r,s h�rrr,nrr?r may be terminates for convenience_
if:
a. Both thi, Grant�,e".;orrnajer and the Goverrivient acree that
cuntlnu-ltion of th) Project would not ornCuce ben�-,t icial
results cn'rR 'nsu► lte '.rlth the turth,'! expen hurl of funds.
b. Both thr! Gran+..e�/3orro' er and the Government shal i a0l'LO
upon the terminat*on c.onditi^ns, including the effecti'.e
data and, in the case of partial terminations, the porton
to 1;e termirated.
c. The Grantee/('r►rr^:;er anrees to ;rcur no new _ol i'lati:.r
"or the ter• inat�, ' orrir,r, 3*71.-er this ,Ffec,lve ate am
CanCei Cr ciatlSf, d, 1 is 0i
I.,
-5-
5. The Grantee/Borrower 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
and/or loan.
6. Except for such aspects as, but not limited to, zoning,
building permits, and recording requirements, this Grant, Loan or
Grant and Loan shall be governed by and construed under Federal
1 aw. .
7. By acceptance of the Offer of Government assistance, the
Grantee/Borrower 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.
C. Loan (3ond and/or Note) Requirements
. I . Fonds ard,'or Notes
a. The Grantee/3orrc`.rer shall initiate and prosecute to
carpletion all proceedings necessary to the authorization,
issuance, .end saie of the 3onds and/or ;Votes to the
security hereof. .0l n said proceedings have been ca,;?leted
tc the r; i r; : of, 5ut not including, the deliver; of the
%'rds 3ndir.r 'rotas to the Govern,i,ent, the Grantee/3orrower
j file rectais-"on requesting the Governrcont to I)urch-t,e
3 c and; or %c`es redlll S i ti0r1 shall be suppor'tec
1
da za as t' _ Gi:v"'I•nr _nt shall r•C:I.J I re tt: de1k-•er1'1i:,,c
the Go er'r,:7!en' is otl iaated und•2r the provi'.irns o;
to horcr ;Jc" r'equisition. If tf;o. Gover'1!nu! t
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i;. o ohl i:,ated, it ',;i l 1 purchase the 3onds and; c•r Note);
iuch r'e`:!J151 ticns, Wl thin the 1li'!itatlons, j
rowc-ver, specified in thi; agreeirent.
jGt)rtt. antee/Rorro:r�r .,hall furnish the Govc►rr;
,e..rtTi,e 0` p' tha aJtlO'i2at11n, iSdla
_
i jn1' S! ':U l t'. i ll'.i: and!jr ' _,t. s
> >d, .,ni.; cr . 1.n ti•.•Uv._r..a ond -Cl* r...
lrtll t'' h)'drr. 1'lt! 1e'jai OLi'lltll, nil$ pJv?hl 11"1
in accor'd.lnce pith `—ir I-enor rnd tt:.ft 111
t"�• fininc ir.I and thy' ac,:Aisi :on, construction in,: :.v;.
i.^tll, of the project ;`rel 1':Iin.7 '.'S' to th:: at2l lv�_'r;j :1f
an:./c)►''�otes to t"c 'o, rr-ent have occurred in r1u:
form, and -ianner, as rf quir'^d by la>.,.
c. In tn? ever` tha'. t'..e 3; —.!rn�rent, o.irsuant to
1 ` IUes'.?:4 t0 Ullrc!,1: 31 I ;)r ?'1'! par: Jf tfi? )'' !S i^,
the Grante. ' n r 1-:�'.:t.rsf'.211 del i v :r uDor r:I s
ur '..Ore iicns and, or %otos ir. prircioal a,llount ) scf.i`"•'.L
tnry to the Gov,�r'n,•lent, as tc 7rir t , ar
irinrest in the nar•-, c mover' ent.
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d. The Grantee/Borrower agrees that upon ninety (90) days
written notice it will, at its own expense, issue in exchange
for the Bonds held by the government, coupon bonds of equal
aggregate principal amount in denominations satisfactory to
the Government maturing as provided in the Bond Specification
which Bonds shall be substantially in the form required by
the Government.
e. Simultaneously with the delivery of any Bonds and/or
Notes to the Government, the Grantee/Borrower shall furnish
to the Government from Bond and/or Note Counsel satisfactory
to the Government an opinion which shall express its general
approval of all of the Bonds and/or Notes, and specifically
and unqualifiedly the Bonds and/or Notes then being delivered
to the Government and shall state that said Bonds and/or
Notes have been issued pursuant to all requirements of law
and that said Bonds and/or Notes, when delivered and paid for,
will constitute binding and legal obligations payable and
secured in accordance with the tenor thereof and the terms and
conditions of this Agreement.
f. The Grantee/Borrower shall include in the proceedings for
the authorization, issuance, sale and security of the Bonds
and/or Notes, provisions for the payment of the principal of
and interest on the Bonds and/or Notes and for the security
thereof of the nature required to assure such payment and to
safeguard the loan hereunder, including, in case the Bonds
and/or Notes are payable in whole or in part from any special
sources of revenues, provisions designed to assure the pro-
duction of such revenues and the application thereof to the
extent required for the payment and security of the Bonds
and/or Notes and interest thereon, including the maintenance
of reasonable reserves.
g. So long as the Government holds any of the Bonds and/or
Notes, the Grantee/Borrower shall furnish operating statements
for the Prcject, and any facilities, the revenues of which are
pledged to payment of the Bonds and/or Notes, in such form and
substance for such periods as may be requested by the Govern-
ment.
h. The Grantee/Borrower shall during construction and there-
after so long as the Government holds any Bonds and/or Notes,
carry insurance, and during construction require each contrac-
tor and subcontractor to carry insurance, of such types and in
such amounts as the Government may specify with insurance
carriers acceptable to the Government.
i. If required by the Government, the Grantee/Borrower will
enter into a Trust Agreement designating a bank acceptable to
the Government as Trustee and containino such other terms and
prcvisio►;s as may be satisfactory to the Government.
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The Trust Agreement shall provide for the payment of all
revenues from the Project into an account with the Trustee
with provisions for the payment of current expenses there-
from and the transfer of the net remaining funds into
appropriate additional accounts for the purpose of provid-
ing a maintenance reserve, funds for current bond and/or
note service, reserves for bond and/or note service and
bond and/or note redemption, all in a manner and form
acceptable to the Government. The funds in all such
accounts shall be held in trust and shall be secured as
required by law for deposit of Government funds.
j. In the event a Trust Agreement is not required by the
Government, the Grantee/Borrower may be required by the Govern-
ment to establish such accounts, perform such duties and comply
with such terms and conditions as the Government might
ordinarily require of a Trustee in a Trust Agreement.
k. The Grantee/Borrower shall establish such accounts and
maintain such accounting procedures as may be necessary or
helpful in the accurate accounting for and segregation of
Project revenues and for the allocation of expenses, costs of
maintenance and overhead.
1. '"oneys on deposit to the credit of accounts and funds
est��l;siled and maintained in conformity with the provisions of
this .greement or to fund payments from net revenues may be
in:_,sted upon request by the Borrower, in direct obligations of,
or obligations, the principal of and the interest on which are
guaranteed by the U. S. Government. Any interest earned on
deposits of grant funds in advance of costs incurred shall inure
to the benefit of the Government.
m. So long as the Government holds any of the Bonds and/or
;Dotes, it will waive for such Bonds and/or Notes the noncallable
provisions, redemption premiums, and publications and notice of
call applicable thereto with respect to the Bonds and/or Notes
held by the Government.
n. This Agreement is not for the benefit of third parties,
including the holders in due course from time to time of any
of the Bonds and/or Notes, and the Government shall be under no
obligation to any such oarties, whether or not indirectly
interested in said Agreement, to pay any charges or expenses
incident to compliance by the Borrrn•.er with any of its duties or
obligations thereunder.
o. As long as the Bonds and/or 'dotes are held by the Government,
the Grantee/Gorrol:rer shall not dispose of its title to the Pro-
ject or to any useful part thereof without first obtaining the
written consent of the Government.
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ME
p. To the extent of its interest in the outstanding principal
amount of the Bonds and/or Notes and the accrued interest thereon
the Government shall have a lien on the net revenues of the Pro-
ject in addition to such other security as is specified in this
Agreement.
if
Pump Station, 6.1.19:
Pump Station, 6.1.20:
Pump Station, 6.1.21:
Pump Station, 6.1.22:
Pump Station, 6.2.10:
Added pre -qualified equipmet
items and their date.
Added requirements on pump
bearings.
Added requirement for total flooding
Carbon Dioxide fire extinguishing
system.
Added trade Name or equal section.
Eliminated all requirements for
bidding specified equipment and
required only "or equal" to be
proven after award.
Plans:
A. Changed all Type II Manholes to D.O.T. Type J Alt. B.
B. ChanFred 78" embedded cylinder pipe to 78" reinforced concrete
with bolted joints.
C. Added note that will allow contractors to build vault using
casSion method.
D. Made precast structure optional for bubble -up structure.
Estimate:
Increased estimated construction cost from $3,000,000 to $4,500,000.
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