04/14/1993 T
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INTERLOCAL AGREEMENT
WHEREAS, Monroe County has received a One Hundred Twen-
ty -five Thousand Dollar ($125,000) grant from the US Department
of Commerce Economic Development Administration to prepare an
economic adjustment strategy plan in response to the dislocation
inflicted on all sectors of the County's economy by Hurricane
Andrew; and
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WHEREAS, part of that economic adjustment strategywis =a
feasibility study to provide an analysis and an a i of
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alternative modes of transportation to facilitate the- evac8atio;
and return of the work force in the event of future storms; -and
WHEREAS, the City of Key West represents that it is deg`frous
of performing the study and is competent and able to do so or
will employ persons competent and able to do so; now, therefore,
THIS INTERLOCAL AGREEMENT is entered into by and between
Monroe County, a political subdivision of the State of Florida,
hereinafter "County," and the City of Key West, a municipality,
hereinafter "City," under the authority granted in Sec. 163.01,
Fla. Stat.
In consideration of the mutual covenants and consideration
set forth below, the parties agree as follows:
W I T N E S S E T H:
Section 1. The County hereby agrees to pay to the City,
as a subgrantee under the US Department of Commerce Economic
Development Administration /County grant (hereinafter EDA grant),
the total sum of Forty -five Thousand Dollars ($45,000) payable
solely out of the EDA grant received by the County and payable
according to Section 2.
Section 2. The City shall use the funds furnished under
this Agreement to investigate alternative transportation modes to
facilitate evacuation and the return of the work force to Monroe
County before and after a major storm. A feasibility study will
be performed to provide an analysis and evaluation of alternative
modes of transportation to facilitate the evacuation and return
of the work force, including a high speed ferry transit system to
ferry people and cars to the mainland, and a transit system
utilizing cruise ships to evacuate and return the work force.
The County further authorizes the City to employ consultant(s) to
perform the tasks as designated in the schedule below, but the
City shall remain the ultimate party responsible for the perfor-
mance of all tasks and obligations under this Agreement. The EDA
grant funds in the amount of $45,000 shall be paid to the City
upon the completion of the final finished report. The City shall
endeavor to adhere to the following schedule:
Tasks Task to be Date of *
performed by Completion
a) Design and issue City 30 days after award
Request for Proposals notification
b) Review proposals & award City 75 days after award
contract to consultant. notification
c) Review population data & Consultant 90
available studies to determine days
number & nature of work force that
would be subject to evacuation.
d) Analyze current & feasible Consultant 6
port locations & infrastruc- months
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tures in Lower Monroe County
& review possible evacua-
tion routes & distinations.
e) Accomplish preliminary Consultant 6
field investigation & months
coordination meetings with
cruise ship & ferry opera-
tors to determine interest
& economic feasibility of
operating services in &
out of County.
f) Analyze capabilities Consultant 7
of available ships & months
develop trip generation
equations that will take
into account time tables,
number of automobiles &
destination breakdowns &
calculate the clearance
terms for evacuation of
the Lower Keys.
g) Submit a draft final Consultant 8
study to County & the City months
for comment documenting all
models, methods & files
used. The study shall include
diagrams, charts, & other
graphics detailing the
results of the study.
h) Final submission shall Consultant 9
be a finished report con- months
raining all text, charts,
graphs, tables in final form
incorporating final review
comments, support materials,
documents & recommendations
of the consultant.
* Measured from the effective date of this Agreement.
Reimbursement of travel expenses incurred in connection with the
performance of the tasks described shall be as set forth in
Chapter, 112, Florida Statutes. The City may not use any funds
received pursuant to this contract for the purchase of office
equipment or furniture. The City shall submit its request for
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payment in the form of an invoice satisfactory to the County's
Finance Department. Upon certification for payment by the
County's Director of Grants Management, the Clerk shall pay the
City the amount due.
Section 3. The City shall maintain for a period of three
years auditable financial records sufficient to justify all
expenses, costs incurred in performing the tasks required by this
agreement as well as records of all payments, including in -kind
contributions or payments, received in connection therewith.
Further, the financial records shall be kept in such a fashion to
enable the County to discharge its audit responsibility pursuant
to the US Department of Commerce Economic Development Adminis-
tration General Terms and Conditions Title IX Economic Adjustment
Program (Non- Construction and Non - Revolving Loan Fund) as revised
5/20/91, 4/19/91, and 4/1/92. Access to the records shall be
provided weekdays, 8 :30 AM to 5:00 PM, upon the request of
authorized representatives of the County, the US Department of
Commerce, or the State of Florida. The City shall be responsible
for the repayment of any and all audit exceptions which are
identified by the Clerk of the Circuit Court, the US Department
of Commerce, the State of Florida, an independent auditor, or any
employee or agent of any of them. In the event of an audit
exception, the County may retain from any payment otherwise due
the City an amount equal to the audit exception.
Section 4. In addition to the record keeping require-
ments described in Section 3, the City agrees to abide by all
other applicable terms of the EDA grant to the County, a copy of
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which is attached to this Agreement and made a part of by
reference, and the US Department of Commerce Economic Development
Administration General Terms and Conditions Title IX Economic
Adjustment Program (Non- Construction and Non - Revolving Loan Fund)
as revised 5/20/91, 4/19/91, and 4/1/92, a copy of which is
attached hereto and made a part of this Agreement by reference,
as well as all other applicable federal and state statutes, rules
and regulations. The City shall require any consultant(s)
employed by it for the performance of any of the tasks required
under this Agreement, to follow, and abide by all applicable
portions of the EDA grant, the cited terms and conditions of the
US Department of Commerce as well as all other applicable federal
and state statutes, rules and regulations. The City shall also
incorporate the terms of this interlocal Agreement by reference
into any contract employing consultants for the performance of
any task required under this Agreement.
Section 5. The City acknowledges that funding for this
contract is dependent on a grant from the US Department of
Commerce. In the event the funding is reduced or terminated, the
County reserves the right to reduce the scope or number of tasks
set forth in Section 2 or terminate this contract by written five
(5) days notice to the City. Subsequent to the written notice,
the County shall not be responsible for the payment for any work
performed by the City in excess of that described in the County's
written notice.
Section 6. The County may terminate this agreement for
cause upon providing the City fifteen (15) days written notice
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thereof. For purposes of this Agreement cause will be a material
breach of the terms, conditions or obligations under this Agree-
ment by the City and /or its Consultants. Upon termination the
County shall pay City the amount of compensation due for any task
satisfactorily completed but as yet unpaid and, for any partially
completed task, the County shall pay City the percent of the
payment for that task proportional to the percent of the task
completed as of the date of termination. Except, however, if the
County terminates this Agreement for cause, it may retain from
the final payment the amount equivalent to the damage, if any,
the County suffered due to City's breach or default. If the
amount of the final payment is insufficient to cover the County's
damage, City shall be liable for any of the additional amount
above the amount of the final payment.
Section 7. The City covenants and agrees to indemnify
and hold harmless Monroe County and its Board of County Commis-
sioners from any and all claims which arise out of, in connection
with, or by reason of services rendered under this Agreement by
the City or any of its agents, employees, officers, subcon-
tractors, in any tier, occasioned by the negligence or other
wrongful act or omission of the City or its consul-
tants /subcontractors, in any tier, their employees or agents.
Section 8. Any and all modifications of the tasks, time
of completion or reimbursement therefor, shall be amended by a
written amendment.
Section 9. Except for the employment of consul-
tants /subcontractors authorized herein, the City shall not assign
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this Agreement or any of its obligations thereunder except in
writing and with the prior written approval of the County which
approval shall be subject to such conditions and provisions as
the County may deem necessary. This Agreement shall be incor-
porated by reference into any assignment and any assignee shall
comply with all of the provisions herein. Unless expressly
provided for therein, such approval shall in no manner or event
be deemed to impose any obligation upon the County in addition to
the total agreed upon funding set forth in Section 1.
Section 10. This Agreement shall be governed by the laws
of Florida and venue for any action arising under this Agreement
shall be in Monroe County, Florida.
Section 11. Any waiver of any breach of covenants herein
contained to be kept and performed by the City shall not be
deemed or considered as a continuing waiver and shall not operate
to bar or prevent the County from declaring a forfeiture or
default for any succeeding breach, either of the same conditions
or covenants or otherwise.
Section 12. The County's contract manager for this
Agreement shall be the County's Director of Grants Management.
All written notices, reports, invoices or other written commu-
nication required by this contract shall be sent by the parties
via registered mail, return receipt requested, at their following
respective addresses:
Monroe County City of Key West
% Grants Manager %Felix Cooper
5100 College Road City Manager
Stock Island 525 Angela Street
Key West, FL 33040 Key West, FL 33040
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Section 13. The City shall commence performance under
this Agreement immediately upon its taking effect.
Section 14. This Agreement shall take effect upon the
filing of an executed original with the Clerk of the Circuit
f
Court of Monroe County.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By ,g, C. By 1r �.,r.��
Deputy Clerk ayor airman j e Date O S/ /V 93
(SEAL)
Attest: JOSEPHINE PARKER, Clerk CITY OF KEY WEST, FLORIDA
IP
t I
By 0,4 .1 ,,, . • *.„ . ' By
167 er G. eliper, ty Manager
Dat : ► t '! cD= • t
coni hurr'caneii
a r� r ^" :
APPROVEDA c
i ^AL
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U. S. DEPARTMENT OF COMMERCE •
ECONOMIC DEVELOPMENT ADMINISTRATION
Approval and Award of Grant for Sudden and Severe Economic
Dislocation Adjustment Strategy Project No 04 -59 -03950
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 Monroe County, 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 developing a comprehensive economic
adjustment program to address an actual or threatened economic
dislocation or other adjustment problem for Monroe County, Florida.
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 5125,000
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 day of 4keeer
1993.
Craig M. Smit
Acting ssistant Secretary
for Economic Development
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Project No. 04 -59 -03950
The Grantee hereby affirms that it intends to use the Grant awarded
in accordance with the terms and conditions as above referenced.
Dated this 24th day of March , 1993.
Monroe County. Florida
(Grantee)
By: A K "" Mayor /Chairman
:nature of Affirming Official Title
Jack London APPROVED AS TO Fr-7,11
Printed Name of Affirming Official ..., d o , ALSUFF_�
Date " 9 �__
CERTIFICATION (By Official Other Than Affirming Official)
The person signing this affirmation is so authorized by the
Governing Body or Board of Grantee.
H : Jc G� C . tuAortt; Y Deputy Clerk
Signature of Cer ing Official Title of Certifying Offici
Isabel C. DeSantis March 24, 1993
Printed Name of Certifying Official Date
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
SPECIAL TERMS AND CONDITIONS
For Economic Adjustment Assistance Grant under Title IX, Section 9
of the Public Works and Economic Development Act of 1965, as amend
Project No. 04 -59 -03950
TITLE: Title IX Development Grant
GRANTEE /ADDRESS: Monroe County, Florida
5100 College Road, S.I.
Key West, Florida 33040
GRANT ADMINISTRATOR /ADDRESS: Charles E. Oxley
Atlanta Regional Office
Economic Development Administration
Suite 1820 -
401 West Peachtree Street, N. W.
Atlanta, Georgia 30308 -3510
I. TOTAL AUTHORIZED BUDGET:
Federal Cash Contribution $125,000
Grantee Cash Contribution $ - 0 -
Total Authorized Budget $125,000
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Project No. 04 -59 -03950
II. PROJECT DESCRIPTION AND DETAILED BUDGET
This Grant is made to assist Monroe County, Florida, recover
from Hurricane Andrew. The grant funds are to be used to
finance an Economic Adjustment Strategy.
Budget Categories Amount
Personnel: $ 22,500
Grant Administrator $ 4,688
Program Director $ 7,812
Clerical Assistant (1/2) $10,000
Fringe Benefits $ 3,500
Travel (including mileage) $ 8,500
Contractual $ 90.500
TOTAL $125,000
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Project No. 04 -59 -03950
III. ADDITIONAL TERMS
A. WORK PLAN: The Grantee agrees to prepare an Economic
Adjustment Strategy according to the work plan outlined
in Attachment A to these Special Terms and Conditions.
B. TIME SCHEDULE: The Grantee agrees that all work
performed as part of this Economic Adjustment Assistance
project will be completed within 14 months of the
affirmation of this Award of Grant. Any extension of
this time must have the prior written approval of the
Economic Development Administration (EDA).
C. 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.
D. DOC COMMON RULE: On March 11, 1988, the Department of
Commerce published regulations, (15 CFR Part 24)
53 Fed. Red. 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.
E. 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 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.
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Project No. 04 -59 -03950
Certifications shall be retained by the next higher tier.
All disclosure forms, however, shall be forwarded from
tier to tier until received by the Grantee, who shall
forward all disclosure forms to the Government. (Blank
certification and disclosure forms will be supplied by
the Government upon request.)
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
exemption from Certification and Disclosure requirements
must provide EDA with an attorney's opinion citing the
provision or provisions of "other 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.
F. SUBGRANTS: The Grantee is authorized to make subgrants
or contracts for the purposes of accomplishing the work
plan, provided that the Grantee obtains the prior written
approval of EDA.
G. MODIFICATION OF WORK PLAN: Due to the
public
respond to the disaster, the work plan has been x develo ed
on the basis of the best information available. The p
Grantee is authorized to amend the work plan of the grant
provided:
1. the modification is consistent with the purpose of
assisting with the recovery from the disaster, and
2. the prior written approval of EDA is obtained.
The Grantee is authorized to expend grant funds for
eligible and allowable costs associated with such amended
work plan.
H. WORK PRODUCTS: Formal rerts
assessments or recommendations�deveeloped and ubli
the Grantee or -a subgrantee during the p shed by
grant period are
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Project No. 04 -59 -03950
considered products of the work plan. The Grantee agrees
to submit to EDA two copies of any such document at the
time of its release as or an attachment to the subsequent
grant performance report.
I. DISBURSEMENTS: The Grantee is authorized to request
disbursement of funds on a reimbursement basis or on an
advance basis.
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Project No. 04 -59 -03950
ATTACHMENT A - WORK PLAN
Grant funds may be expended for eligible and allowable costs
related to the completion, in whole or in part, of the
following work plan:
OBJECTIVE ONE: To develop a strategy to put dislocated workers
back to work.
Responsible Time For
Activity Party Completion
1. Collect and analyze data Program 3 months
on (1) scope of the Analyst
dislocation, and (2) what
employment resources
currently exist.
2. Collect specific information Outreach 3 months
on the causes of unemployment Interviewer
or underemployment, contribu-
ting variables, reasons for
relocation and dislocation,
and assessment of worker
skills.
3. Analyze data collected by Program 5 months
Outreach Interviewer and Analyst
make extrapolations and
projections.
4. Analyze and determine what Program 8 months
resources will be required Director
in the future, and develop
an interventive strategy.
5. Submit :a draft to .Monroe Project
County for comment, docu- Director 9 months
menting all methods and
files, including diagrams,
charts, and other graphics.
6. Submit the finished report Project
containing all text, charts, j 12 months
graphs, and tables in final Director
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form, incorporating final
review comments, support
materials, documents, and
recommendations.
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Project No. 04 -59 -03950
OBJECTIVE TWO: To develop a strategy to reduce the damage to
tourism in Monroe County.
Responsible Time For
Activity Party Completion
1. Expand existing survey Project 2 months
questions. Director
2. Compile survey data. Project Quarterly
Director
3. Submit a draft for comment, Project 11 months
documenting all methods and Director
files used, including
diagrams, charts, and other
graphics detailing the
results.
4. Submit the finished report Project 12 months
containing all text, charts Director
and tables in final form,
incorporating final review
comments, support materials,
documents and recommendations.
OBJECTIVE THREE: To develop a strategy to reduce the economic
damage to the other industries in Monroe County.
Activity Responsible Time For
Party Completion
1 . Develop sample, including Extension
possible purchase of lists 4 months
or directories. Director
2 . Develop survey instruments. UF/IFAS � 4 months
3 . Train League of Women Voters
as volunteers to assist with League of 7 months
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data collection. Women Voters
4 . Conduct survey through
telephone or direct League o 7 months
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interviews. Women Voters
5. Submit data to University Extension
of Florida for compiling, 8 months
analysis, and writing of Director
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Project No. 04 -59 -03950
Responsible Time For
Activity Party Completion
6. Submit a draft for comment, OF /IFAS 10 months
documenting all methods and
files used, including
diagrams, charts, and other
graphics detailing the results.
7. Submit the finished report OF /IFAS 11 months
containing all text, charts,
graphs, and tables in final
form, incorporating final
review comments, support
materials, documents and
recommendations.
OBJECTIVE FOUR: To develop a strategy to reduce the long -term
damage to natural resources utilized as economic resources in
Monroe County.
Responsible Time For
Activity party Completion
1. Compile a list of damaged Extension 3 months
natural resources essential Director/
to commerce. IFAS
2. Write report on damage, OF /IFAS 5 months
including economic damage
mitigation recommendations.
3. Submit final report to Extension 6 months
Monroe County. Director
OBJECTIVE FIVE: To develop a strategy to reduce the evacuation
problem's continuing contribution to economic dislocation.
Responsible Time For
Activity Party Completion
1. Design and issue Request City of 30 days
for Proposals Key West after Award
2. Review proposals and award City of 75 days
contract to consultant: Key West after Award
a. Review population data Consultant 3 months
and available studies to
determine the number and
nature of the work force
that would be subject to
evacuation.
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Project No. 04 -59 -03950
Responsible Time For
Activity Party Completion
b. Analyze current and Consultant 6 months
feasible port locations
and infrastructures in
Lower Monroe County,
and identify possible
evacuation routes and
destinations.
c. Accomplish preliminary Consultant 6 months
field investigation and
coordination with cruise
ship and ferry operators
to determine interest and
economic feasibility.
d. Analyze capabilities of Consultant 6 months
available ships and
develop trip generation
equations that will take
into account time tables,
number of automobiles and
destinations, and calculate
the clearance terms for
evacuation of the Lower Keys.
e. Submit a draft report to Consultant 8 months
Monroe. County and the
City of Key West for
comment, documenting all
models, methods, and files
used, including diagrams,
charts, and other graphics
detailing the results.
f. The final submission shall Consultant 9 months
be a finished report
containing all text, charts,
graphs, tables in final form,
incorporating final review
comments, support materials,
documents, and recommendations
of the consultant.
CONTENTS
SECTION
1. .COMPLIANCES BY THE GRANTEE PACE
2. ACTIVITIES PROHIBITED 1
2 3.
GRANT ADMINISTRATOR (GRA) '
4 . PERSONNEL APPROVALS 3
3 S.
USE OF CONSULTANTS /CONTRACTORS
6. FINANCIAL RECORDS 3
7 . •SEPARATE BANK /FUND ACCOUNTS 5
8. PAYMENT OF FUNDS S
9. REIMBURSEMENT FOR TRAVEL 6
10. EXPENSES AND PURCHASES EXCLUDED 7
11. GRANTEE CONTRIBUTIONS 7
12. 8
INT.:F,ESI
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13. • SUSPENSION AND TERMINATION 'OF. G 8
RANT 8
14. AUDITS, MANAGEMENT SYSTEMS AND RECORD RETENTION 9
15. SURVEYS AND QUESTIONNAIRES
16. REPORTING REQUIREMENTS 11
17. AVAILABILITY OF INFORMATION 12
12
18.
COPYRIGHTS
19. PATENT RIGHTS 12
13
20.
ENVIRONMENTAL REQUIREMENTS
21 . HISTORIC SITES 14
22. CLEAN AIR AND WATER CLAUSE 14
23. FICA /FUTA 14
24. CONTINUATION GRANTS 16
16
`1. COMPLIANCES BY THE GRANTEE
a. Overall Compliances: The Grantee and
contractor employer under this ha cco comp with
.all applicable grant shall comply with
Economic Development Act of 1965,Pasla� e nded and
tions issued Pursuant thereto, and such dire� iveslacd
b
instructions as may be issued from time to time .by and
Grantor in connection with the assistance herein
the
offered, and with all other Federal, State, and to
laws applicable to its activities. cal
conflict between EDA's interpreting regulationstor
directives and Office of Management and Bud e
Circular No. A -102 Revised or OMB Circ g t
the latter, as applicable ul
shall prevail. No. A -110
.
b. Civil Rights Act:
Civil Rights Act The will comply
and as a condition to the and any mend amendments thereto,
ete
hereunder shall have entitlement to any to,
compliance as tegU.r� •, ruled an assurance oYffunds
pursuant to regulations i of Commerce
Commerce, in implementation of thetCivil Rights of
1964, and designated as Part 8 of Subtitle Ri of Act e of
15 of the Code of Federal Regulations itl A of Title
amendments thereto. . and any
shall also be binding on any b
may be made be
this by the Grantee
• grant.
- a���endments that
c. Anti -Sex Discrimination:
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by Sec. 112 of P. The Grantee agrees to abide
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r9nenL5' amending the Public Works
and Economic Devel
the rules and Act of as amended and
that ,end, the Grantee hereby pursuant thereto. To
s no person in the United States shall, onat the gg r that
ex, be excluded from round of
s es participation in, be denied the
or be otherwise subject to discriminat
the operation of
this ion
in connection with
d• Equitable grant.
e.Treatment for the Randica ed
section 504 of the Rehabilitation Act of 1973, th t to
f reat th
grantee must provide fair and equitable te
l
the handicapped. The recipient will with for
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Department of Commerce regulation, 15 CFR comply Part t t the
implementing section 504. FR 8b,
•
the rights of handica This regulation
mandate to end discriminationsons and establishesta
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e. . Age Discrimination Act: The Grantee agrees
by the regulation of the Department ofCommerceabide
pursuant to the provisions of the Age Discrimination
Act of 1975, 15 CFR Part 26.
discrimination on the basis of The regulation
activities receiving Federal financial programs or
ncial as prohibits
f• -. Hatch ..Act: sistance.
Grantee is advised that its employees may
be subject to the Hatch Act
doubt exists in (5 U.S.C. 1501- 150 @). If
contact the Oiniparticular cases, the Grantee should of Systems Protection Board Washin Counsel,
D. l
. Merit
guidance. Washington, D. C., for
g. Grant Terms and Conditions: The Grantee
consultant /contractor employed under this and any
comply with the Grant Award and all Terms a s.jlt •
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onditions thereto. Terms and
interpreting the Tetmshande�ision of
ondt this in
shall be final. itions of s grant
2. ACTIVITIES PROHIBITED
a. Duplication of Work: •
for •which. this grant is and scope of work
s made shall not duplicate
programs for which monies have been receive
committed, or are applied for from other u, e
public or private. er sources
Grantee shall submit�fullcintost of the Grantor,
programs that may be initiated information about related
within the grant period.
b. Ocher Funding Sources: Federal-share
or granted for this program shall not be n use du t o eted
pr
replace any financial support ay provided or
to
assured from any other source.TheoGr Grantee agrees
that the general level of expenditure aGrans
for the benefit of by the Grantee
designated In the and area program i
or any amendment or modification thereto, shall grant,
maintained and not reduced as a result
Federal -share funds received shall be
under this grant.
the
c. Funds for Attorney/Consultant cant.
orne/C Fees:
hereby agrees that no funds made av The grantee
grant shall be used, directly alabll from this
Paying attorneys' or consultants' inirectl for
with
example:, grants made by sues in , s co
, preparing the application for as � s
However; attorneys' and consultants this assistance.
meeting grant requirements such as, f ees incurred for
• toc example.
•
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conducting a title search, or
specifications, may be eligible plans and
be paid out of funds made availablejfromcis s grth gr a may
provided such costs are otherwiSe eligible.
ant,
d. Officials Not to Benefit: Member of Congress or resident Federal to oCommissionerrshal 1 be to
admitted any share or
benefit dmit a tt ma p of this r to
y arise therefrom. grant, or to any
3. GRANT ADMINISTRATOR (GRA)
a. The Grant Administrator
Terms and Conditions (GRA), as named in the special
s
administration of the is responsible for the
Grantee. grant and liaison with the
b. The GRA is also responsible fo
operation of this for evaluating th
and for the acceptancetofsallrwormed b
Grant Award and Terms and work required unde
Grant approval of any Conditions, including t the
y and all reports and such other
g the
specific responsibilities as are stipulated
terms o f . the.grant. Pulated in various
c• The GRA is not authorised
otherwise obligate the to make any commitments,
changes that affect the gzantment, or authorize any
conditions. Such changes shall m b ensa terms or
express prior a uthorization al the ad e only with
for Economic Development, or his e Assistant Secretary
is designated
representative y
of Grant ' to be accomplished by a written n Award
4. PERSONNEL APPROVALS
The Grantor reserves the right
rofessionai•io a pprove or disc
Grantee. Resumes, r sufficien evel em ployees of ptheve the
qualifications of p
experience, education and other general detail to reveal the
GRAlifications sent prior to employment 9m must be and special
for the position, ust be submttt
to the
Yment of a candidate.
S• USE OF CONSULTANTS /CONTRA
CTORS
a • Procurement of `consultant or
be in accord with all standards services and ces shall
Perin accord
Attachment 0 11
of OMB Circular -
procedures A 10 set
A-102 Revised
•
• - 4 -
Or OMB Circular No. A -110, as applicable. The
following terms, which are drawn from these
Attachments, are intended merely to highlight som
these standards and are therefore not inclusive. a of
b. The standards set forth in Attachment 0 of OMB
Circular No. A -102 Revised or OMB Circular No. A -110
as applicable, do not relieve the Grantee of the
contractual responsibilities arising under its
contracts. The Grantee is the res
without recourse to EDA regarding the settlement authorit
satisfaction of all contractual and administrative
issues arising out of procurements entered into, in
support of the grant.
c. All procurement transactions, regardless of whether
negotiated or advertised and without regard to dolla
value, shall be conducted in a manner that rovid r
maximum open and free competition. P es
d. Formal advertising, with adequate purchase
description, sealed bids, and
not be required for public openings, shall
unless otherwise required procurements
or local law
regulations. or •
e. Procu,rements may be negotiated if it is•impractica
and unfeasible to use formal advertising. Generally,
procurements may be negotiated if the nxigen,
will not permit the delay incident to public exigency
material or service to be ti fr the
only one person or firm the °cured is available from
does not exceed $10,000, the contracteismfor ers°onald
or professional services or for any aervicetobe l
rendered by a university, college, or other educat
institutions no acceptable bids have been tonal
after formal advertising. received
f. Notwithstanding the existence of circumstances
justifying negotiation, competition shall beob
to the maximum extent practicable. twined
•
g. All contemplated sole source
aggregate expenditure is expectedutomexCeedh$5, the
shall be referred to EDA for prior approval.
000
h. The Grantee shall maintain a code or
conduct which shall govern the performance o f is of
officers, employees, or agents in contracting o! its
contracting vith and
S -
•expending Federal grant funds. ,
employees, or agents shall neither asolicitn r accept
officers,
gratuities, favors, or anything of monetar value ro
contractors or potential contractors.
permissible by State or local To the extent
regulations, such standards shall rules, fo or
penalties, sanctions, or other disciplinarye
be applied for violations of such standards byteithero
the Grantee's officers, employees, or agents, or b r
contractors or their guests. Y
6. FINANCIAL RECORDS
In accord with provisions of Attachment C of
No. A -102 Revised or OMB Circular No. A-110, as pliclbr
the Grantee shall establish and keep 0 • as dppfihbee,
(3) years following submission of theffinalpexpendilf three
report such financial records as will fully discl ust
amount and disposition of the total ose the
sources budgeted for the grant grant funds from all
taking for which such funds wereeused� the
nature cf '�:1. ^osources, tributions from other and s purpose of under
other i c c - ;; s a 'the GRA may used, the amount d n s
such
. Grantee's records pertaining reasonably presscricri be. The
designed and maintained in iccocdhwi grant shall.be
accounting principles so as t tb 9enerall'y accepted
internal control, provide an accountingdof the
line
budget, and otherwise to � insur
reliable financial informationde complete, accurate and
also record the Grantee's The books of account will
made to support the budgeted slineditemsiforcthesibktions
funds..'Cost principles set forth in OMB Circular k of
shall prevail. Standards for Grantee financial management
A -8
systems set forth in Attachment C of OMB Circular ,
Revised or OMB Circular No. A -110 c NoA
prevail for the Grantee and an ' as applicable shall 102
7. SEPARATE B�/ F R Y subgrantee.
UND ACCOUNTS
State and local government Grantees
establish a separate bank account but ma not required to
payments under letter of credit are made yon a heck
basis. Such Grantees, 'checks-
fund account that ide�tifies establish a separate
0t her considerations application of grant funds.
"pbric mind y s• and • such as FDIC coverage for deposited
accord with use of minorit
n
provisions of AttachmetbAnto'Oshall be in
M8 Circular
blr No.
A -102 Revised or OMB Circular No. A-110, as applicable.
•
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8. PAYMENT OF FUNDS
a. 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 o
the U. S. Government includin f
g Particularl
limited to, OMB Circular No, y, but not
Circular No. A -110 and OMB Circular No. A -87. T e Gra
agrees to request a Treasury Check only to meet actual
immediate disbursement needs.
needs are determined as of the latest practical c point
the Grantee's payment of eligible costsratia point
nt for
b. Prior to the payme of any funds hereunder,
satisfactory evide -•e shall be submitted to the GRA
that all person!' 'orized to handle funds under this
grant are bonded or secured by the amount normally
required by State or local units of government
accepting this grant. Other bonding requirements,
such as for construction contracts exceeding 8100,000
and for Federal loan guarantees covering the Gran tee,
may be prescribed in accord with Attachment 8 o
Circular No A•102 Revised ur Oz •:i: cular No. A_110
as applicable. 110,
c. The Grantor shall make
reimbursement or advanceabasissinoaccordrwithe Grantee
t a
requests submitted on the Request for Advance oranee
Reimbursement as prescribed by OMB Circular No. A -102
Revised or OMB Circular No. A -110, as applicable.
Grantees may submit requests for advances or
reimbursements at least monthly.
d. A hfia(
a payment shall be made in an amoun t
erence between the total expenses ofgthe to
Federal share incurred upon completion of the
grant
project, and the total amount of Federal share
allowable by the Grantor through the next to final
funds
payment. Should the total amount disbursed by y the
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3
, • a r r , •
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'Grantor exceed the total allowable Federal share
expenses incurred upon completion of the grant
project, then the Grantee shall make prompt repayment
to the Grantor of all unexpended
advanced funds not obligated under for a
legally binding transaction.
•. contingent upon receipt of the Tfinaliauditareg is
Term 14, below. ui red in
9. REIMBURSEMENT FOR TRAVAL
a. Except as provided in subsection (b)
, reimbursement for travel costs, icludinghis section,
transportation, food and lodging incurred by pe
in the performance to their official duties whileon
b
from their regular place of duty, from funds bile way
under this program, shall be limited to thosecostsed
allowed under the U.S. Standard Government Travel
Regulations.
b. Use of grant funds for travel, which is
being necessary to the determined as
. established, may be subject the'traveltpolicies of
the Grantee institution•if they are uniformly f
Y
regardless of source of funds in determin'in the plied
amounts and types of reimbursable travel expenses o
Grantee staff and consultants, and if they meet t f
requirements of OMB Circular No. A -87, Attachm he
n
Item 28. Where the Grantee institution does ett a Bp
siu,ti specific policies uniformly applied, the U. have
Standard Government Travel Regulations shall a l
determining . the amount charged to the pp in
g
Attachment °A•) grant. (See
10. EXPENSES AND PURCHASES EXCLUDED
•
a. In no event shall the Grantee expend or request
reimbursement from Federal -share funds for
ob •
entered into or for costs incurred or accrued
the effective date of this grant. Prior to
b. Funds budgeted under this grant ma no
entertainment expenses, Y t be used for
and /or subscriptions fornGranteeprofessional due:
staff official.
c. Except as provided below, funds budgeted and
grant may not be used to ec this -
as the purchase of real estateoorcvehicl assets, vemh ent
and renovation of space, and repair and mainCena maintenance of
privately owned vehicles. race o!
•
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d. Grantee may purchase furniture and office
only specifically approved in the SpecialuTerert
Gra if
Conditions or in writing by the GRA. A ms and
given only when Grantee demonstrates thatco rc ase be
would result'rn less cost to the Government hse
providing its contributions. t in
under these circumstances will be purchase
consideration of Federal su PP 1 y sour r c ce sved only after
es.
11. GRANTEE CONTRIBUTIONS
a. Contributions by the Grantee, whether in cash or
in -kind, are expected to be
general rate as Federal fundeaid out at the same
of the Grantee's share of to any event, bee -half
p
available, incurred, or exendedtbcasts shall be
of the Federal share has been disbursed.tiEx xce opt -oalf
to this mid - point, pro rata requirement mus tions
approved in writing by the GRA. t be
b. Specific procedures for the valuate
contributions, as given in Attachment Efofn -kind
No. A -110, as applicable, shall be a Ott where Crectler
Grantee shall have claimed credit forpcontr the
in -kind to the total cost of allowable expenses, to
evaluation of such contributions in -kind sh the
subject to reevaluation D all be
and any deficiency so determined by at any r shal•
•
l
be compensated by supplemental contributions Grantor h
Grantee as a condition for further disburses n tb
the Grantor. d isbursements by
•
.12. INTEREST
•
Excluding States, but not
meets, any interest earn paid of local
p id to the Grantee
under this govern-
grant shall be reported and returned to the
Government after receipt of such interest according to
directions specified by the GRA.
13. SUSPENSION AND TERMINATION OF 'G
RANT
a. When a Grantee has failed to comply with the
award stipulations, standards, or conditio grant
ns on reasonable notice to
and withhold further the Grantee suspend EDA grant
o bl ni nt
Payments h b ptnd eh gne
from incurring additional obligations f g an t Gr
pending corrective action by the Grantee rt funds,
or a decision
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to terminate in accordance with the following
paragraphs. EDA shall allow all necessary and proper
• costs which the Grantee could not reasonably avoid r
during the period of suspension,
the provisions of OMB Circular - 8 7ovided they meet
b . EDA may terminate any grant in whole, or in a
any time before the date of completion, whenever�itti s
determined that the Grantee has failed to comply wit
the conditions of the grant (termination for case h
ED shall promptly notify the Grantee in writing f�
the determination and the reasons for the termination
'together with the effective date.
recipients or recoveries by the Federalesponsoringo
agencies under grants or other agreements terminated
for cause shall be in accordance with the legal
and liabilities of the parties. rights
c. EDA or .t he Grantee may
in part, when both y terminate grants in whole, or
in the parties agree that the continuation
commensura te c w i th u the n furtheruex en results
(termination fo=.convenie'nce p dituce of funds •
• •
agree upon the termination conditions, inclu din sthel
effective date and, in the case of elung the' be terminations, the partial . •
Grantee shall not incuronew o obligations tfor hee •
terminated portion after the effective date, s
cancel as many outstanding obligations as hall
EDA shall allow full credit to. the Grantee for •
Federal share of the noncancelable obligations incurred by prior to termination.
the
properly in the Grantee ermination.
•
d. Other grant closeout procedures set forth
•
ment L to OMB Circular No. A -102 Revised ornAttachm-
X to OMB Circular No. A -110, as applicable shall als
, hall a
apply.
lso o
14. AUDITS, MANAGEMENT SYSTEMS AND RECORD RETENTION
a. Submissions of Audit Re orts and En a ement Letters:
o Grantee shall furnish a co
engagement lettter upon ex auditor
copies of the resultant audit reps and four
Issuance to the Office of Management andnBud
• (0MB) designated cognizant Federal audit a ency s
t
9 c
•
C. . - 10 4.
o Those Grantees who do not have an OMB designated
cognizant Federal audit agency should submit the
auditor engagement letter and four copies of the
audit report to Department of Commerce (DOC)
Regional /District Audit Office responsible for
the area in which the Grantee is located;
b, Standards for Preparat•ion of Audits;
- - O • Audits are performed in accordance with the applicable
requirements of Om Circulars No. A-128 (15 CFR Part OA) or
A- 133. ** The Grantee agrees that a financial and
compliance audit on an -wide basis will usually
be performed annually, but not less Frequently than every
two years.
•
•
o The Grantee will assure that audits are made in
• accordance with the General Accounting Office
Standards for Audit of Governmental Organizations,
Programs, Activities and ?unctions, the Guidelines
• • for Financial and Coro lianc Au dits of Federall
Assisted Programs, any•compl ante s
?roved by OMB, and generally accepted auditing
.standards established by.the American Institute
of Certified Public Accountant$;
o The Grantee agrees' to engage an auditor that
meets the qualification requirements set forth in
the General Accounting Office Standards for Audit
of Governmental Organizations Programs
Activities and Functions in accordance with the
applicable procurement requirements of Attachment
O to OMB Circulars No. A -102 or A -110. Non- •
governmental auditors must be either independent
certified public accountants or independent
licensed public accountants licensed on or before
December 31, 1970.
• o The Grantee will obtain assurances that the
auditor will retain the audit tirorkpapers and
reports for at least three years From the date of
the, audit report. The auditor may be notified in
writing by the cognizant Federal audit agency of
the, need to extend the retention period.
Assurances must also be provided that the audit
•workpapers will'be made available upon request to
the cognizant Federal audit agency or its
designees and the General Accounting Office or
its designees.
* *15 CFR Parts 8a, 29a, and 29b.
56 FR 15992- 15998, 4 -19 -91
- Date Revised 5 -20 -91
.
e.4 J .
. • 11 4.
c. Audit Followu and Resolutions
o As required by Department of Commerce
prde =
Resolution 213 -5, Audit Followu'
, the Grantee is expected to res and
any questioned costs and other audit f p to
provide additional d ocumentation to support such
sand
response within 30 days alter the receipt an
audit report from the OffiCe of Inspector G f en
EDA will consider an pector General.
y res
received during thisponse or documentation
its final determination concerning in reaching
costs any GranLee response ioc eligibi of
received by EDA more than o e a r
0daysfter Gan
receipt of the audit report, and before Grantee
final determination may
final determination sha ll e
llbeoiniwritin an
furnished to the Grantee. 9 and
Actions that result from EDA's f
determination, such as anal
- debt or claim against t hee G ra ntee ,a ar ent t a
.' to appeal within EDA. ar e not
d. Gra .
ntee Mana ement S stem and Records: •
o The Grantee' will maintain a financial
•
system in accordance with the standards
management
prescribed in OMB Circular No. A -102,A
G and P or OMB Circular No. A - 2, A
as applicable. 110, Attachment F, f
o The Grantee will retain financi
as all other documents al records as well
accordance with Attachm t grant in
A -102 or A-110, as applicable. B Circulars No.
o Financial reports will be "
with the schedule containeduinithed en accordance'
Conditions, and in a Terms and
Circa o f OMB Conditions, a No accordance with Attachment N
Circular No. A -110, A-102 and Attachment G as of OMB {
15. SUR ' as applicable.
VEYS AND QUESTIONNAIRES
No survey -- i.e., the solicitation
information from ten or more firms ion of similar
the same
shall be d or Persons other than
Federal employees . by conducted without
Y the .Office of Management and
clearances and approvals and
•
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i • .
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Budget and the U. S. Bureau of the Census. Therefore,
the performance of any of the work under this grant if
grant r
such a survey, the Grantee, requires
intended questionnaire aurverior t use, shall submit its
other technical documents to the securiQte hs, Or
OMB /Census clearances and approvals, and must have the
written approval prior to conducting any such the S e
s
y h t
survey plans will be prepared in accord withallapplicabl
Administrative Orders of the U. S. Departm
and the Grantor's Forms Management Directives of Cohmll e
be supplied by the GRA upon re v, which will
quest.
16. REPORTING REQUIREMENTS
The Grantee shall submi, al the assistance continues ;.encinPoots the at h that
is accepted and for one g n the date for s offer
status of all activities (1) yea indicating
incurred for each completed and /or grant= the co
partially com g the
activity, and any operational costs of activities; the
degree to activities; the activities have achies:d their oe
and the overall effectiveness of the , n i assistance goncs=
provided in meeting the adjustment needs ofthea
These reports shall be in acoordance with the :re u ire d
of Attachment A and
o ttac hte G and 8 of of OMB Circular No. A-102 9 ie, o
Circular No. A- 110aseappli or
cable. Reports shall be submitted • Ppli
address shown on page one of the Special ms. the GRA at
information copy of all re An
the Director, Economic AdjustmenthDivision be submited to
Development Administration � Economic
R oom 7327, Washin g ton • D• C U . S. Department of Commerce,
C. 20230.
17. AVAILABILITY OF INFORMATION
The Grantee agrees that all informal
activities and not exempt ion resulting
ac Informat n ot, 5 mpt from disclosure under he
available to the 552 shall be made freely Freedom •
public.
18. COPYRIGHTS
a. Grantee shall relinquish an y
privileges to the materials developed t agrat;
or
such material being the sole p under thi s
Government. Property of the Federal_
Revised 4/1/92
' M
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•
b. 'In the event an
published in any aaeri al developed under this gran is
notice and be part, the material
following effect; identified by shall
tax-supported 'The material I ta e g reu to the of
hs It ma research , the result .
and as such, is not co
customary crediting be freely reprinted with the
g of the sources.'
c; The l
Grantee shall forward fifteen
published maseallle
of the date of to the GRA with fin copies of an
publication• ln two (2) months
d• The Grantee shall advise the GRA a
delivering an
furnished ua yrCopyrighted t the time of
this or C OPYrigv reel work
copyrighted or co grant, of any adversel hell
s such work pyrightable material incor .:
any and of any invasion of the Poratf in
Y therein contained. right of
e • in no event shall the Grantee publish
oth materials, sh a
required to be in whole or i any report(s) or
under a submitted to the Federal Government
s pecif i ca l ly
the terms of the ernes t
authority of the grant, without
authority b GRA. Lxcept as other ut
or such other materials, in whole or i er the GRA, Publication of sa ahor utort($)d
or be a reports
made sooner than sixty (60)
no port m ) or other ) ca part, shall
final form by m aterials lender days after
Y the Federal have been accepted In
G overnment.
f. Ex ^apt o therwise as oth
the Grantee hhall authorized
be performed under insert in contract by the GRA
this in each contract
Claus fo r work to
Clause a pplicable to grant, provisions making •
gees.
19. PATENT the contractor and /or it 9 this
s
RIGHTS
and policy The poly a procedures se t forth in the DOC
(37 pol 401), a "Rights p
Organizations an lloBuInventions Business mad by Nonprofit
Grgani Contracts e ver me
Firms Under Gower
the ede 1 Regis and C ooperativ e ,q
award a er on March 18, Agreements,” nment
developmental made , 1987, published in
Pmental or research work the pu to all
e xperimental ,
Revised 4/1/9
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0
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20. ENVIRONMENTAL REQUIREMENTS
The Grantee hereby agrees to comply with the requirements
of and all pertinent rules and regulations issudiunder a
pursuant to the National Environmental Policy d
y
(P.L. 90 -190); and the Wild and Scenic River Act
of 1 969
(P.L. 90 -542), as amended.
The Grantee also agrees to
adjustment strategy b Provide as part of the economic
potential environmentalimpactsoofdthenactivitie of the
activit om d
projects which are included in the strategy. I
this analysis, the Grantee will follow the guidelines
established by the Agency for this purpose
n completing
be provided upon execution of this offersofand which will
• 21. HISTORIC SITES grant. •
The Grantee a gre'es that in carrying out its a
this grant, it will endeavor to discover any coons ender
effect upon historical /archaeological properties
the event of discovering such effect, it i ltieo add, in
its activities in that regard with the State Historic
Preservation Officer and 1 coordinate
will take all necessary steps to
comply with the requirements and objectives o
Historic Preservation Act of 1966 (80 Stat. f , 1 National
t� e5
41 0), as amended, Presidential Executive Order 5 6 U.S.C.
13, 1971, and Procedures for the Protect ondo of 11t May
Cultural Properties (36 CPR, Part 800; ion F.R. 3366, 25 3366, 25 and
January 1974).
)
22. CLEAN AIR AND WATER CLAUSE
The Grantee agrees to comply, and require of
contractors and subcontractors to comply withh h all its
applicable standards, orders, or regulations issued
u
to the Clean Air Act
Executive Order 1 ct, as amended (42 U.S.C. 1857) and
Control Act, as emended and the Federal Water Pollution
viola of A tha am n o d (33 U.S.C. •1251), and to ro and to EDA and specificall Protection
Y LO COeply with the following:
- 15 - .For the a. definitionspapplyof this paragraph, the following
(1) The term • Recipient• means the Grantee.
(2) 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
the Recipient or its contractors and the latter'sy
subcontractors (d) for the construction, supply
and service contracts entered into by the
Recipient for the purpose of accomplishing this
project.
b. The Recipient agrees to comply with Federal clean air
and water standards during the accomplishment of this
project and specifically agrees to the following:
(1) that any facility to be utilized in the
accomplishment of this project is not listed on
• the Environmental Protection Agency's List of
• Violating Facilities pursuant to 40 CPR, Part
15.20; ..
•
•
(2) that in the event a facility utilized in the
accomplishment of this project becomes listed on
the EPA List, the Government may, inter a_ lia ,
cancel, terminate for default, or suspend for
such failure, in whole or in part, the agreement;
(3) 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, monitorin g
reports, and information, as well as all y other
requirements specified in Section 114 and Section
308, respectively, and all regulations and
•
guidelines issued thereunder;
(4) that it will promptly notify the Government
the receipt of any notice from the Director °f
Office of Federal Activities, Environmental
Protection Agency, indicating that any facility
utilized or to be utilized in the accomplishmet
of this project is under consideration for lis
on the EPA List of Violating Facilities; ling
•
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• - 16 -
(5) that it will insert in any of its contracts an d
require insertion in subcontracts entered into
for the purpose of accomplishing this
unless otherwise exempted Project,
regulations implementing ther Airno Ac
(40 CFR, Part 15.5) provisions which shall
include the criteria and requirements set forth
in this paragraph, including this subparagraph;
(6) that in the event that either the Recipient
phs
its contractors or the litters' subcontractors
for the construction, supply and service contracts
entered into by the Recipient for the purpose o
accomplishing this project were exempted from of
complying with the above subparagraphs under the
provisions of 40 CFR, Part 15.5
shall be nullified should the facilit `e the exemption
to a criminal conviction y give 5i2
during the accomplishment of thisCpr e Pct . 15.20)
Furthermore, with the nullificationofthe
exemption, the above subparagraphs shall be
• effective. The Recipient shall notif
Foe t r im±nt as soon • as Recipient's s the
contractors', or the latters' subcontractors!
facility is listed for having rise o
g
criminal conviction noted'in40i CFR, r t Part t 1 a
23. FICA /FUTA S.20.
The Grantee agrees that refunds of FIC
during or after the �P taxes received
credited to the PederalnGovernmentill be refunded or
financed by Federal funds under 'this ! g such payments were
be mailed to the Grant Administrator, but made pay Refunds should
the Treasurer of the United States. able to
24. CONTINUATION GRANTS
No obligations shall be created by Reci p ie t •
purpose pertaining to ther operation of the n any
activities for which the funds were awarded w or
obligation would require ere the
date stipulated in the award document. Funds the
rm ex ay only be
expended beyond the expiration date for activiti
b
the preparation of final re es such as
associated with the close out of the a ccor
with OMB Circulars A -110 or. A_ lOZ for obligations
properly created • and !o obligations
prior to the expiration date that re uire
expenditure beyond the expiration date. q
•
1.
, _ . •
■ • 17 -
Verbal or written assurances of refunding shall not
constitute authority to obligate funds for programmatic
activities beyond the expiration date.
obligated unless or until an award document dissreceived by
the recipient from the Grafts Officer. y
•
•
•
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
Approval and Award of Grant for Sudden and Severe Economic
Dislocation Adjustment Strategy Project No. 04 -59 -03950
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 Monroe County, 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 developing a comprehensive economic
adjustment program to address an actual or threatened economic
dislocation or other adjustment problem for Monroe County, Florida.
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 $125,000
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 < day of 4e4./e4,2 , 1993.
.nn L
Craig M. Smit
Acting ssistant Secretary
for Economic Development
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Project No. 04 -59- 03950
The Grantee hereby affirms that it intends to use the Grant awarded
in accordance with the terms and conditions as above referenced.
Dated this 24th day of March 1993.
Monroe County, Florida
(Gr= -e)
i ;;;74,,4„,,
By: Mayor /Chairman
nature of Affirming Official Title
Jack London APPROVED AS TO F(1RM
Printed Name of Affirming Official 6
N IN *D�'- u�
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CERTIFICATION (By Official Other Than Affirming Official)
The person signing this affirmation is so authorized by the
Governing Body or Board of Grantee.
By :a G. w Deputy Clerk
Signature of C6rtifying Official Title of Certifying Official
Isabel C. DeSantis March 24, 1993
Printed Name of Certifying Official Date
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
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SPECIAL TERMS AND CONDITIONS
For Economic Adjustment Assistance Grant under Title IX, Section 903
of the Public Works and Economic Development Act of 1965, as amended.
Project No. 04 -59 -03950
TITLE: Title IX Development Grant
GRANTEE /ADDRESS: Monroe County, Florida
5100 College Road, S.I.
Key West, Florida 33040
GRANT ADMINISTRATOR /ADDRESS: Charles E. Oxley
Atlanta Regional Office
Economic Development Administration
Suite 1820
401 West Peachtree Street, N. W.
Atlanta, Georgia 30308 -3510
I. TOTAL AUTHORIZED BUDGET:
Federal Cash Contribution $125,000
Grantee Cash Contribution $ - 0 -
Total Authorized Budget $125,000
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Project No. 04 -59 -03950
II. PROJECT DESCRIPTION AND DETAILED BUDGET
This Grant is made to assist Monroe County, Florida, recover
from Hurricane Andrew. The grant funds are to be used to
finance an Economic Adjustment Strategy.
Budget Categories Amount
Personnel: $ 22,500
Grant Administrator $ 4,688
Program Director $ 7,812
Clerical Assistant (1/2) $10,000
Fringe Benefits $ 3,500
Travel (including mileage) $ 8,500
Contractual S 90.500
TOTAL $125,000
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Project No. 04 -59 -03950
III. ADDITIONAL TERMS
A. WORK PLAN: The Grantee agrees to prepare an Economic
Adjustment Strategy according to the work plan outlined
in Attachment A to these Special Terms and Conditions.
B. TIME SCHEDULE: The Grantee agrees that all work
performed as part of this Economic Adjustment Assistance
project will be completed within 14 months of the
affirmation of this Award of Grant. Any extension of
this time must have the prior written approval of the
Economic Development Administration (EDA).
C. 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.
D. DOC COMMON RULE: On March 11, 1988, the Department of
Commerce published regulations, (15 CFR Part 24)
53 Fed. RPq. 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.
E. 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 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.
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Project No. 04 -59- 03950
Certifications shall be retained by the nett higher tier.
All disclosure forms, however, shall be forwarded from
tier to tier until received by the Grantee, who shall
forward all disclosure forms to the Government.
(Blank
certification and disclosure forms will be suppll,ed by
the Government upon request.)
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
exemption from Certification and Disclosure requirements
must provide EDA with an attorney's opinion citing the
provision or provisions of "other 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.
F. SUBGRANTS: The Grantee is authorized to make subgrants
or contracts for the purposes of accomplishing the work
plan, provided that the Grantee obtains the prior written
approval of EDA.
G. MODIFICATION OF WORK PLAN: Due to the public exigency to
respond to the disaster, the work plan has been developed
on the basis of the best information available. The
Grantee is authorized to amend the work plan of the grant
provided:
1. the modification is consistent with-the purpose of
assisting with the recovery from the disaster, and
2. the prior written approval of EDA is obtained.
The Grantee is authorized to expend grant funds for
eligible and allowable costs associated with such amended
work plan.
H. WORK PRODUCTS: Formal reports, planning documents,
assessments or recommendations developed and published by
the Grantee or a subgrantee during the grant period are
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Project No. 04 -59 -03950
considered products of the work plan. The Grantee agrees
to submit to EDA two copies of any such document at the
time of its release as or an attachment to the subsequent
grant performance report.
I. DISBURSEMENTS: The Grantee is authorized to request
disbursement of funds on a reimbursement basis or on an
advance basis.
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Project No. 04 -59 -03950
ATTACHMENT A - WORK PLAN
Grant funds may be expended for eligible and allowable costs
related to the completion, in whole or in part, of the
following work plan:
OBJECTIVE ONE: To develop a strategy to put dislocated workers
back to work.
Responsible Time For
Activity Party Completion
1. Collect and analyze data Program 3 months
on (1) scope of the Analyst
dislocation, and (2) what
employment resources
currently exist.
2. Collect specific information Outreach 3 months
on the causes of unemployment Interviewer
or underemployment, contribu-
ting variables, reasons for
relocation and dislocation,
and assessment of worker
skills.
3. Analyze data collected by Program 5 months
Outreach Interviewer and Analyst
make extrapolations and
projections.
4. Analyze and determine what Program 8 months
resources will be required Director
in the future, and develop
an interventive strategy.
5. Submit a draft to Monroe Project 9 months
County for comment, docu- Director
menting all methods and
files, including diagrams,
charts, and other graphics.
6. Submit the finished report Project 12 months
containing all text, charts, Director
graphs, and tables in final
form, incorporating final
review comments, support
materials, documents, and
recommendations.
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Project No. 04 -59 -03950
OBJECTIVE TWO: To develop a strategy to reduce the damage to
tourism in Monroe County.
Activity Responsible Time For
Party Completion
1. Expand existing survey Project 2 months
questions. Director
2. Compile survey data. Project Quarterly
Director
3. Submit a draft for comment, Project 11 months
documenting all methods and Director
files used, including
diagrams, charts, and other
graphics detailing the
results.
4. Submit the finished report Project 12 months
containing all text, charts Director
and tables in final form,
incorporating final review
comments, support materials,
documents and recommendations.
OBJECTIVE THREE: To develop a strategy to reduce the economic
damage to the other industries in Monroe County.
Activity Responsible Time For
Party Completion
1. Develop sample, including Extension 4 months
possible purchase of lists Director
or directories.
2. Develop survey instruments. OF /IFAS 4 months
3. Train League of Women Voters League of 7 months
as volunteers to assist with Women Voters
data collection.
4. Conduct survey through League of 7 months
telephone or direct Women Voters
interviews.
5. Submit data to University Extension 8 months
of Florida for compiling, Director
analysis, and writing of
final report.
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Project No. 04 -59 -03950
Jepponaibl@ Time For
Activitv party Completion !`
6. Submit a draft for comment, OF /IFAS 10 months
documenting all methods and
files used, including
diagrams, charts, and other
graphics detailing the results.
7. Submit the finished report OF /IFAS 11 months
containing all text, charts,
graphs, and tables in final
form, incorporating final
review comments, support
materials, documents and
recommendations.
OBJECTIVE FOUR: To develop a strategy to reduce the long -term
damage to natural resources utilized as economic resources in
Monroe County.
Responsible Time For
Activity Party Completion
1. Compile a list of damaged Extension 3 months
natural resources essential Director/
to commerce. IFAS
2. Write report on damage, UF/IFAS 5 months
including economic damage
mitigation recommendations.
3. Submit final report to Extension 6 months
Monroe County. Director
OBJECTIVE FIVE: To develop a strategy to reduce the evacuation
problem's continuing contribution to economic dislocation.
Responsible Time For
Activity Party Completion
1. Design and issue Request City of 30 days
for Proposals Key West after Award
2. Review proposals and award City of 75 days
contract to consultant: Key West after Award
a. Review population data Consultant 3 months
and available studies to
determine the number and
nature of the work force
that would be subject to
evacuation.
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Project No. 04 -59 -03950
BAIIR2116,thile Time For
Activity party Completion
b. Analyze current and Consultant 6 months
feasible port locations
and infrastructures in
Lower Monroe County,
and identify possible
evacuation routes and
destinations.
c. Accomplish preliminary Consultant 6 months
field investigation and
coordination with cruise
ship and ferry operators
to determine interest and
economic feasibility.
d. Analyze capabilities of Consultant 6 months
available ships and
develop trip generation
equations that will take
into account time tables,
number of automobiles and
destinations, and calculate
the clearance terms for
evacuation of the Lower Keys.
e. Submit a draft report to Consultant 8 months
Monroe County and the
City of Key West for
comment, documenting all
models, methods, and files
used, including diagrams,
charts, and other graphics
detailing the results.
f. The final submission shall Consultant 9 months
be a finished report
containing all text, charts,
graphs, tables in final form,
incorporating final review
comments, support materials,
documents, and recommendations
of the consultant.
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Project No. 04 -59 -03950
Activity Responsible Time For
Party Completion
1. Develop sample of about Extension 2 months
1000 residents. Director
2. Develop survey instruments OF /IFAS 2 months
for mail out and telephone
questionnaires.
3. Train League of Women Voters Extension 3 months
to serve as volunteers in Director
data collection.
4. Conduct survey, consisting of League of 5 months
at least four mail outs, a Women Voters
presurvey card, the question-
naire itself, a thank you
card, and a follow up for
nonrespondents.
5. Submit data to University Extension 6 months
for compiling, analysis and Director
writing of final report to
Monroe County.
6. Submit a draft final study OF /IFAS 8 months
to Monroe County for comment,
documenting all methods and
files used. The study shall
include diagrams, charts, and
other graphics detailing the
results of the study.
7. Submit the finished report UF/IFAS 9 months
to Monroe County. The final
submission shall be a finished
report containing all text,
charts, graphs, and tables in
final form incorporating final
review comments, support
materials, documents and
recommendations.
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U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
GENERAL TERMS AND CONDITIONS
TITLE IX ECONOMIC ADJUSTMENT PROGRAM
(NON- CONSTRUCTION, NON - REVOLVING LOAN FUND)
Page 10 revised 5/20/91, per 56 FR 15992- 15998, 4/19/91
Pages 12 and 13 revised 4/1/92
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CONTENTS
SE CCTI_
PAGE
1. •COMPLIANCES BY THE GRANTEE
1
2. ACTIVITIES PROHIBITED
2
3. GRANT ADMINISTRATOR (GRA)
3
4 . PERSONNEL APPROVALS
3
5 . USE OF CONSULTANTS /CONTRACTORS
3
6. FINANCIAL RECORDS
5
7 . SEPARATE BANE /FUND ACCOUNTS
5
8. PAYMENT OF FUNDS
6
9 . REIMBURSEMENT FOR TRAVEL
7
10. EXPENSES AND PURCHASES EXCLUDED
7
11. GRANTEE CONTRIBUTIONS
8
12. INT.F.ESr •
8
13. • SUSPENSION AND TERMINATION'OF.GRANT
• 8
14. AUDITS, MANAGEMENT SYSTEMS AND RECORD RETENTION 9
15. SURVEYS AND QUESTIONNAIRES
11
16. REPORTING REQUIREMENTS
12
17. AVAILABILITY OF INFORMATION
12
18. COPYRIGHTS
12
19. PATENT RIGHTS
13
20. ENVIRONMENTAL REQUIREMENTS
14
21. HISTORIC SITES
14
22 . CLEAN AIR AND WATER CLAUSE
14
23. FICA /F UTA
16
24. CONTINUATION GRANTS
16
1. COMPLIANCES BY THE GRANTEE
a. Overall Compliances: The Grantee and any consul
contractor employer under this to ^ t
All applicable provisions of the Works mand with
Economic Development Act of 1965, as amended, regular -
lions issued
g r
pursuant thereto, and such directives and
instructions as may be issued from time to time b y the
Grantor in connection with the assistance herein
offered, and with all other Federal, State, and to
laws applicable to its activities. cal
conflict between EDA's interpreting regulationstorf
directives and Office of Management and Budget
Circular No. A -102 Revised or OMB Circular No. A -1
the latter, as applicable, shall prevail 10
.
b. Civil Rights Act: The Grantee will comply with the
Civil Rights Act of 1964, and any amendments thereto
and as a condition to the entitlement to any funds
hereunder shall have •
compliance as rc u.t� �cuted an assurance of
the pursuant to regulations issuedSbcretary of Commerce
Commerce, in implementation of th t of
eCivil 1p Rights t Act of
1964, and designated as Part 8 of Subtitle A of T
15 of the Code of Federal Regulations, and any itle
amendments thereto. Such assurances by the Grantee
shall also be binding on any and a! 1 aihendmenta tha
may be made to this grant. • that
c. Anti -Sex Discrimination:
by Sec. The Grantee agrees to abide
112 of P.L. 92 -65, amending the Public Works
and Economic Development Act of 1965, as amended an
the rules and regulations issued d
that end, the Grantee hereby agreesrand nassurestthatTo
no person in the United States shall, on the
sex, be excluded from participation in, be deniednthef
benefits of, or be otherwise subject to discrimins
in connection with the operation of this grant. lion
d. Equitable Treatment for the Handicapped: Pu
section 504 of the Rehabilitation Act of 1973, the to
grantee must provide fair and equitable treatment for
the handicapped. The recipient will comply with the
Department of Commerce regulation, 15 CFR Part 8b,
implementing section 504.
This regulation protects
the rights of handicapped
mandate to end discrinationsons and establishes a
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e. Age Discrimination Act: The Grantee agrees to abid
by the regulation of the Department of Commerce e
pursuant to the provisions of the Age Discrimination
Act of 1975, 15 CFR Part 20. The regulation prohibits
discrimination on the basis of age in programs or
activities receiving Federal financial assistance.
f. Hatch Act: Grantee is advised that its employees ma
be subject to the Hatch Act (5 U.S.C. 1501 -
doubt exists in particular cases, the Gr 1508). I f
contact the Office of the Special Counsel, ant
Systems Protection Board, Washington, D. C., for
guidance.
g. Grant Terms and Conditions: The Grantee and any
consultant /contractor employed under this grant s.111
comply with the Grant Award and all Terms and
Conditions thereto. The.decision of the Grantor in
interpreting the Terms and Conditions of this grant
shall be final.
2. ACTIVITIES PROHIBITED
a. Duplication of Work: ur
for which. this grant is Made shallanotsduplicf work
at
programs for which monies have been received, are
committed, or are applied for from other sources,
public or private. Upon request of the Grantor, the
Grantee shall submit full information about related
programs that may be initiated within the grant period.
b. Ocher Funding Sources: Federal -share funds budgeted
or granted for this program shall not be used to
replace any financial support
ray
assured from any other source. prThe oGnt provided oc
that the general level of expenditure r bthe a G t ant
for the benefit of program area and/or p rntee
designated in the Terms and Conditions of
grant
or any amendment or modification thereto, shall be ,
maintained and not reduced as a result of the
Federal -share funds received under this grant.
c. Funds for Attorney /Consultant Fees: The grantee
hereby agrees that no funds made available from this
grant shall be used, directly or indirectly, for
paying attorneys' or consultants' fees in connection
w xah securing grants made by EDA, such as, for
P , preparing the application for this assistance.
However, attorneys' and consultants' fees incurr ed for
meeting grant requirements such as, for example,
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conducting a title search, or
specifications, may be eli iblereparing plans and
be paid out of funds made availablejfromcthis gr a may
provided such costs are otherwise eligible. Scant,
d. Officials Not to Benefit: No Member of or del
Congress or resident Federal Commissioner shall gate to
admitted to any share or be
benefit that may arise therefrom this grant, or to any
3. GRANT ADMINISTRATOR (GRA)
a. The Grant Administrator ( GRA
' Terms and Conditions, is responsiblemfo in the special
the
administration of the grant and liaison the
e
b. The GRA is also responsible for evaluating the
operation of this grant as performed by the Grantee,
and for the acceptance of all work required under te
Grant Award and Terms and Conditions, includin g t
approval of any and all reports and such other the
specific responsibilities as are stipulated in v
arious
terms of. the .grant.
•
c. The GRA is not authorized to make any commitmen. t
otherwise obligate the Government, or authorize a,
changes that affect the grant amount, terms or ny
conditions. Such changes shall be made only with
express prior authorization of the Assistant Secretar
for Economic Development, or his designated y
representative, to be accomplished by a written Aw
of Grant Amendment. and
4. PERSONNEL APPROVALS
The Grantor reserves the right to approve
qualifications of professional- level the ppro the
Grantee. Resumes, in sufficient detail to reveal
he
experience, education and other general and special
qualifications for the position, must be submitted
GRA for consent prior to employment of a cadidae.to the
5. USE OF CONS ULTANTS /CONTRACTORS .
a. Procurement of consultant or contractor service
be in accord with all standards and a shall
forth in Attachment 0 of OMB CircularcNo. procedures set
102 Revised
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I
Or OMB Circular No.
A-110, as applicable. The
following terms, which are drawn from these
Attachments, are intended merely to highlight som
these standards and are therefore not inclusive. some of
b. The standards set forth in Attachment 0 of OMB
Circular No. A -102 Revised or OMB Circular No. A -110
as applicable, do not relieve the Grantee of the
contractual responsibilities arising under its
contracts. The Grantee is the res
without recourse to EDA regarding thessettlement rind,
satisfaction of all contractual and administratived
•issues arising out of procurements entered into, in
support of the grant.
c. All procurement transactions, regardless of whether
negotiated or advertised and without regard to dollar
value, shall be conducted in a manner that provides
maximum open and free competition.
d. Formal advertising, with adequate
description, sealed bids, and Purchase
not be required for procurementsbofc$10,000gor shall
unless otherwise required by State or local law or
regulations.
e. Procurements may be negotiated if it is. impracticable
and unfeasible to use formal advertising. General] ,
procurements may be negotiated if the public exigency
will not permit the delay incident to advertising; the
material or service to be procured is available from
only one person or fire; the aret
does not exceed $10,000, the is amou ers
or professional services or for any service to be °l
rendered by a university, college, or other educational
institution; no acceptable bids have been received
after formal advertising.
f. Notwithstanding the existence of circumstances
justifying negotiation, competition shall be obtained
to the maximum extent practicable.
•
g. All contemplated sole source procurements where the
aggregate expenditure is expected to exceed $5,000
shall be referred to EDA for prior approval.
h. The Grantee shall maintain a code or standards of
conduct which shall govern the
officers, employees, or agents performance its
with and
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"expending Federal grant funds. Grantee's officers,
employees, or agents shall
neither solicit
gratuities, favors, or anything of monetary nor
�e
valu
contractors or potential,contractors. To the extent
permissible by State or local law, rules, or
regulations, such standards shall provide for
penalties, sanctions, or other disciplinary actions to
be applied for violations of such standards by either
the Grantee's officers, employees, or agents, or b
contractors or their guests. by
6. FINANCIAL RECORDS
In accord with provisions of Attachment C of OMB Circular
No. A -102 Revised or OMB Circular No A -110, as applicabl e,
the Grantee shall establish and keep for a
l
period
(3) years following submission of the finalexpenditureree e
report such financial records as will fully disclose the
amount and disposition of the total
sources budgeted for the grant grant funds from all
taking for which such funds were t amounts of under
• nature cf $0.1 ^ontributions from other sources, and such
other icc es the GRA may reasonably prescribe. The
.Grantee's records pertaining to this
designed and maintained in accord withrant shall ac
e
accounting principles so as to safeguard a
the
internal control, provide an accounting of line item
budget, and otherwise to provide complete, accurate, and
reliable financial information.
also record the Grantee's cash in-kind co t ri bu bti ns ll
made to support the budgeted line itemsforthesekinds
funs..'Cost principles set forth in OMB Circular No-87,
shall prevail. Standards for Grantee financial management
systems set forth in Attachment C of OMB Circular No. A -102
Revised or OMB Circular No. A -110, as applicable shall
prevail for the Grantee and any subgrantee.
7. SEPARATE BANK /FUND ACCOUNTS
State and local government Grantees are not required to
establish a separate bank account but may do so when
payments under letter of credit are made on a 'checks-paid"
basis. Such Grantees, however, must establish a separate
fund account that identifies the application of rant funds.
Other considerations, such as FDIC coverage for de os
"public moneys• and use of minority banks, shall be ited
accord with provisions of Attachment A to OMB Circular No.
A -102 Revised or OMB Circular No. A -110, as applicable.
6 -
8. PAYMENT OF FUNDS
a. 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 -102, Revised or OMB
Circular No. A -110 and OMB Circular No.
agrees to request a Treasury Check only to meet T actual ntee
immediate disbursement needs. Immediate disbursement
needs are determined as of the latest
the Grantee's payment of eligible costsractical point for
b. Prior to the payment of any funds hereunder,
satisfactory *vide shall be submitted to the GRA
that all person! orised to handle funds under this
grant are bonded or secured by the amount normally
required by State or local units of government
accepting this grant. Other bonding requirements,
such as for construction contracts exceeding $100,000
and for Federal loan guarantees covering the Grantee,
may be prescribed in accord with Attachment B of OMB
Circular No. A -102 Revised ur 0NS :i►cular No. A -110,
as applicable.
c. The Grantor shall make payments to the Grantee on a
reimbursement or advance basis in accord with Grantee
requests submitted on the Request for Advance or
Reimbursement as prescribed by OMB Circular No. A -102
Revised or OMB Circular No. A -110, as applicable.
Grantees may submit requests for advances or
reimbursements at least monthly.
d. A final payment shall be made in an amount equal to
the difference between the total expenses of the
Federal share incurred upon completion of the
grant
project, and the total amount of Federal share funds
allowable by the Grantor through the next to final
payment. Should the total amount disbursed by the
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"Grantor exceed the total allowable Federal share I°
expenses incurred upon completion of the grant
project, then the Grantee shall wake prompt repayment
to the Grantor of all unexpended portions of the
advanced funds not obligated under the grant for a
legally binding transaction. This final ment is
contingent upon receipt of the final audit in
Term 14, below.
9. REIMBURSEMENT FOR TRAVAL
a. Except as provided in subsection (b) of this section,
•reimbursement for travel costs, including
transportation, food and lodging incurred by personnel
in the performance to their official duties while .way
from their regular place of duty, from funds budgeted
under this program, shall be limited to those costs
allowed under the U.S. Standard Government Travel
Regulations.
b. Use of grant funds for travel, which is determined as
being necessary to the program for which the rant is
established, may be subject to the travel' policies of
the Grantee institution.if they are uniformly applied
regardless of source of funds in determining the
amounts and types of reimbursable travel expenses of
Grantee staff and consultants, and if they meet the
requirements of OMB Circular No.
Item 28. Where the Grantee not have
6110 specific policies uniformly applied, the U.S.
Standard Government Travel Regulations shall apply in
determining the amount charged to the grant. (See
Attachment 'A•)
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10. EXPENSES AND PURCHASES EXCLUDED
a. In no event shall the Grantee expend or request
•
reimbursement from Federal -share funds for obligations
entered into or for costs incurred or accrued prior to
the effective date of this grant.
b. Funds budgeted under this grant may not be used for
entertainment expenses, nor for professional dues
and /or subscriptions for Grantee staff or official.
c. Except as provided below, funds budgeted under this
grant may not be used to pay for capital assets, such
as the purchase of real estate or vehicles, improvement
and renovation of space, and repair and maintenance of
privately owned vehicles.
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d. Grantee may purchase furniture and office equipment
only if specifically approved in the Specia Tr s
Conditions or in writing by the GRA. A r ms abd
given only when Grantee demonstrates thatpurchase be
would result in less cost to the Government in se
providing its contributions. Commercial
under these circumstances will be a Purchase
consideration of Federal supply sources�ed only after
11. GRANTEE CONTRIBUTIONS
a. Contributions by the Grantee, whether in cash or
in -kind, are expected to be
general rate as Federal fundsaid out at the same
of the Grantee's share of t In cost event, bee -half
available, incurred, or expended time the shall
available, be
of the Federal share has been disbursed.Exceptionsf
to this mid - point, pro rata requirement must be s
approved in writing by the GRA.
b. Specific procedures for the valuation of in-kind
bons, as given in Attachment E of OMB Circular
No. A -110, as applicable, shall be applied. Where th
Grantee shall have claimed credit for contributions the
in -kind to the total cost of allowable expenses
evaluation of such contributions in -kind shall b t
be
subject to reevaluation by the Grantor at any time,
and any deficiency so determined by the Grantor shall
be compensated by supplemental contributions by the
Grantee as a condition for further disbursements b
the Grantor. by
12. INTEREST
Excluding States, but not excluding units of local ov -
ments, any interest earned on funds 9 ern
under this grant shall be reported and returned toathee
Government after receipt of such interest accordin to
directions specified by the GRA. g
13. SUSPENSION AND TERMINATION OF GRANT
a. when a Grantee has failed to comply with the grant
award stipulations, standards, or conditions, EDA may,
on reasonable notice to the Grantee, suspend
and withhold further payments, or prohibthehGrantee rant
from incurring additional obligations of grant funds,
pending corrective action by the Grantee or a decision
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to terminate in accordance with the following
paragraphs. EDA shall allow all necessary and proper
• costs which the Grantee could not reasonably avoid
during the period of suspension, provided they meet
the provisions of OMB Circular A -e7.
b. EDA may terminate any grant in whole, or in art
any time before the date of completion, whenever,ittis
determined that the Grantee has failed to comply with
the conditions of the grant (termination for cause).
EDA shall promptly notify the Grantee in writing of
the determination and the reasons for the termination,
together with the effective date. Payments made to
recipients or recoveries by the Federal sponsoring
agencies under grants or other agreements terminated
for cause shall be in accordance with the legal rights
and liabilities of the parties.
c. EDA or the Grantee may terminate
in part, when bath grants in whole, or
n par parties agree that the continuation
of
not beneficial results
(termination for.convenience • expenditure of funds •
agree upon the termination conditions,roincludin shall
effective date and, in the case of 9 the'
e
terminations, the partial
Grantee shall not incur the •
terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible.
EDA shall allow full credit to•the Grantee for the
Federal share of the noncancelable obligations,
properly incurred by the Grantee prior to termination.
d. Other grant closeout procedures set forth in Attach-
ment L to OMB Circular No. A -102 Revised or Attachment
X to OMB Circular No. A -110, as applicable, shall also
apply.
14. AUDITS, I4ANAGEMENT SYSTEMS AND RECORD RETENTION
a. Submissions of Audit Reports and Engagement Letters:
o Grantee shall furnish a copy
engagement lettter upon excution d four
copies of the resultant audit report. upon
issuance to the Office of Management and Budget
(OMB) designated cognizant Federal audit agency;
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o Those Grantees who do not have an OMB designated i!
cognizant Federal audit agency should submit the
auditor engagement letter and four copies of the
audit report to Department of Commerce (DOC)
Regional /District Audit Office responsible for
the area in which the Grantee is located;
b. Standards for Pre aration Audits;'
o Audits are performed in accordance with the applicable
requirements of Ot.w Circulars No. A -128 (15 CFR Part OA) or
A- 133. ** The Grantee agrees that a financial and
compliance audit on an•organization -wide basis will usually
be performed annually, but not less frequently than every
two years.
•
o The Grantee will assure that audits are made in
• accordance with the General Accounting Office
Standards for Audit of Governmental Organizations,
og
Prrams, Act vities and Functions, the Guidelines
for Financial and Compliance.Audits of Federally
Assisted Programs, any•comple supplements
.0 proved by OMB, and generally accepted auditing
.standards established by.the American Institute
of Certified Public Accountant$;
o The Grantee agrees'to engage an auditor that
meets the qualification requirements set forth in
the General Accounting Office Standards for Audit
of Governmental Organizations, Programs,
Activities and Functions in accordance with the
applicable procurement requirements of Attachment
O to OMB Ci rcula ra No. A -102 or A -110. Hon-.
governmental auditors must be either independent
certified public accountants or independent
licensed public accountants licensed on or before
December 31, 1970.
o The Grantee will obtain assurances that the
• auditor will retain the audit workpapers and
reports for at least three years from the date of
the audit report. The auditor may be notified in
writing by the cognizant Federal audit agency of
the need to extend the retention period.
Assurances must also be provided that the audit
workpapers will'be made available upon request to
the cognizant Federal audit agency or its .
designees and the General Accounting Office or
its designees.
* *15 CFR Parts 8a, 29a, and 29b.
56 FR 15992 - 15998, 4 -19 -91 Date Revised 5 -20 -91
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c. Audit Followup and Resolution:
o As required by Department of Commerce
Administrative Order 213 -5, Audit follovu a
Resolution, the Grantee is expected to respond
any questioned costs and other audit findins and
provide additional documentation to au
response within 30 days after the rece ipt r o f s an h
audit report from the Office of Inspector Genera l.
EDA will consider any response or documentation
received during this 30 -da
its final determination concerning eligibil
costs any Grantee tes 9 li of
received by EDA more 30 or
receipt of the audit report, and before EDA' see
final determination may be considered. EDA'a
final determination shall be in writing and
furnished to the Grantee.
Actions that result from EDA's final
determination, such as the establishment of a
debt or claim against the Grantee, are not
;'ib;t;.t to appeal within EDA.
•
d. Grantee Mama ement S stem and Records:
o The Grantee will maintain a financial management
system.in accordance with the standards
prescribed in OMB Circular No. A -102, Attachment
G and P or OMB Circular No. A -110, Attachment h,
as applicable.
o The Grantee will retain financial records as well
as all other documents pertinent to the grant in
accordance with Attachment C of OMB Circulars No.
A -102 or A-110, as applicable.
o Financial reports will be submitted in accordan
with the schedule contained in the Terms and ce
Conditions, and in accordance with Attachment U
of OMB Circular No. A -102 and Attachment G of OMB
Circular No. A -110, as applicable.
15. SURVEYS AND QUESTIONNAIRES
•
No survey -- i.e., the solicitation of the sage or simi
information from ten or more firms or lar
Federal employees -- shall be conducted without clearances and approvals by the Office of Management r
and
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Budget and the U. S. Bureau of the Census.
the performance of any of the work under this re if
such a survey, the Grantee, prior to use, shall submit
intended questionnaire, survey s
other technical documents to the secure t secure
OMB /Census clearances and a t o the t heuired
PProval�
written approval prior to , and gust have the GRA�s
survey conducting any such survey. Such
Administrative an will
Orders beprepared in accord with all applicabl e
of the U. S. Department of Commerce
and the Grantor's Forms Management Directives, which will
be supplied by the GRA upon request.
16. REPORTING REQUIREMENTS
The Grantee shall submi' al reports for each ear
the assistance continues c. Y that
is accepted and for one 1 . .encing on the date this offer
�
status of all activities fundedcbththeafran, j inhecatsng s
the
incurred for each completed and /or partiallycompleted
activity, and any operational costs of activities: the
degree to which the activities have achies:d
their
• and the overall effectiveness of the ',con c:
o.ai assistance= •
provided in meeting the adjustment needs of the area.
These reports shall be in accordance with the •requiremen
of Attachment R and I of OMB Circular No. A -102 Revis ts.
Attachments G and 8 of OMB Circular No. A-110, as a ] or
cable. Reports shall be submitted to the GRA the i
address shown on page one of the Special Terms. An
information copy of all reports shall also be submitted
the Director, Economic Adjustment Division, Economic to
Development Administration, U. S. Department of Commerce
Room 7327, Washington, D. C. 20230.
17. AVAILABILITY OF INFORMATION
The Grantee agrees that all information resulting
activities and not exempt from disclosure under herFr its
of Information Act, 5 U.S.C. 552, shall be made freely
available to the public. Y
18. COPYRIGHTS
a. Grantee shall relinquish any and all copyrights and /or
privileges to the materials developed under this grant;
such material being the sole property of the Federal
Government.
Revised 4/1/92
_ �o
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b. 'In the event any material developed under this
published in whole or in part t
contain notice and be i dentified h b eangu al shall
contain t is
following effect: Y language to the
tax 'The material is the result.of
tax-supported research and
rightable. It may be freely sre rin !s not copy
printed with the
customary crediting of the sources.•
c. The Grantee s
a
Grnhall forward fifteen (
published mashallle,15
of l is ddt of to the GRA within )twop(2) of t
publication. (�) months
d. The Grantee shall advise th
delivering any co the GRA at the time of
furnished under tpislghted or copyrightable work
copyrighted or co grant, of any adversely
any such work a nd pyri the right ghtable material ineorporat
•
n of any invasion of th d in
therein contained. 9 of
privacy ther
e. In no event shall the Grantee
other e or i nublish an
other
to be part, s e report(s) or
materials, in whole
e submitted to the Peo er m e t
under the terms of the Federal
a the grant,
as otherwi ant, without the .e x rre s st
in 'writi of t CRA. P s
or such othby mate , publica of s otherwise authorized
o r such
m sooner , in whole or in a t , Shall
final
report (s) or other ma ter i ixty (60) calendd� part,
nal form by als have been accepte infter
y the Federal Government.
f ' Zx ='ePk as otherwise authorized
the Grantee shall insert in each n writin
be performed under this contract foortwc GRA, to
clause applicable to the grant, provisions makin rt is
employeeS• contractor and /or its 9 this
19. PATENT RIGHTS
The and policy a procedures set forth i
(37 CFR policy 401), a "Rights To Inventions in the DOC
Organizations and Small BusinessFirm by regulations
a No o vr rn i e
Contracts, and Cooperative Agreements," s Under Government
Grants
the ed a ister on
award agreements made n or arch 18, 1987 published in
award shall apply ex perimental,
all
de velopmental or research work. purpose is experimental,
Revised 4/1/92
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20. ENVIRONMENTAL REQUIREMENTS
The Grantee hereby agrees to comply with the re u i
of and all pertinent rules and regulations issuedu under a
pursuant to the National Environmental Policy Act of1969
(P•L. 90 - 190), and the Wild and Scenic River Act
(P.L. 90-542), as amended.
The Grantee also agrees to provide as part of the econo
adjustment strategy to be developed, an analysis mic
potential environmental impacts of the activitiesoa the
projects which are included in the strata mp
y �
this analysis, the Grantee will follow the uide completing
established by the Agency for this purpose and which s will be provided upon execution of this offer of grant.
21. HISTORIC SITES •
The Grantee agrees that in carrying out its acti
this grant, it will endeavor to discover an ons ender
effect upon historical/archaeological y possib
the event of discovering such effect, properties l lti add, in
oor
its activities in that regard with the State
Preservation Officer and will take all necessary steps
comply with the requirements and objectives of the Nation a t
Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C.
470), as amended, Presidential Executive Order 11593,��May
13, 1971, and Procedures for the Protection of Hit y
Cultural Properties (36 CFR, Part 8001 39 F.R. 3 tonic and
January 1974) . 3366, 25 '
22. CLEAN AIR AND WATER CLAUSE
The Grantee agrees to comply,
contractors and subcontrat complyewithhall its
applicable standards, orders, or regulations issued pursuant
to the Clean Air Act, as amended (42 U.S.C. 1857) and
Executive Order 11738; and the Federal Water Pollution
Control Act, as amended
3 , and to report
violations thereof to the Environmental Protection Agency ll
and to EDA and specifically to comply with the following:
loving;
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15
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a. For the purposes of this paragraph, the following
definitions apply:
(1) The term 'Recipient' means the Grantee.
(2) 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 (c) b y
the Recipient or its contractors and the latter's
subcontractors (d) for the construction, supply
and service contracts entered into by the
Recipient for the purpose of accomplishing this
project.
b. The Recipient agrees to comply with Federal clean air
and water standards during the accomplishment of this
project and specifically agrees to the following:
(1) that any facility to be utilized in the
accomplishment of this project is not listed on
• the Environmental Protection Agency's List of
Violating Facilities pursuant to 40 CFR, Part
•
15.201 •
•
(2) that in the event a facility utilized in the
accomplishment of this project becomes listed on
the EPA List, the Government may, inter a_,
cancel, terminate for default, or suspend for
such failure, in whole or in part, the agreement;
(3) 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 information, as well as all other
requirements specified in Section 114 and Section
308, respectively, and all regulations and
guidelines issued thereunder;
(4) 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 facility
utilized or to be utilized in the accomplishment
of this project is under consideration for listing
on the EPA List of Violating Facilities;
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{
( that it will insert in any of its contracts and rs
require insertion in subcontracts entered into
for the purpose of accomplishing this project,
unless otherwise exempted
regulations implementing thnerAir Act
or-Water Bc
(40 CFR, Part 15.5) provisions which shall
include the criteria and requirements set forth
in this paragraph, including this subparagraph;
(6) that in the event that either the Recipient or
its contractors or the letters' subcontractors
• for the construction, supply and service contracts
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 15.5 (a), the exemption
shall be nullified should the facility give rise
to a criminal conviction (see 40 CFR, Part 15.20)
during the accomplishment of this project.
Furthermore, with the nullification of the
exemption, the above subparagraphs shall be
effective. The Recipient shall notify the
cow tr im±nt as soon • as Recipient's, its
contractors', or the latters''subcontractors'
facility is listed for having given rise to a
criminal conviction noted 40 CFR, Part 15.20.
23. FICA /FUTA
The Grantee agrees that refunds of FICA/FOTA taxes received
during or after the grant period will be refunded or
credited to the Federal Government if such payments were
financed by Federal funds under this grant. Refunds should
be mailed to the Grant Administrator, but made payable to
the Treasurer of the United States.
24. CONTINUATION GRANTS
No obligations shall be created by Recipient for any
purpose pertaining to Cher operation of the program or
activities for which the funds were awarded 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 A -110 or A -102, and for obligations
properly created prior to the expiration date that require
expenditure beyond the expiration date.
de ti R
17 • •
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 from the Grafts Officer.
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