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Res. No. 148-01-11296RESOLUTION NO.148-01-11296 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE ACCEPTANCE OF A GRANT FROM THE US DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)IN AN AMOUNT UP TO $800,000;AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Economic Development Administration strives to generate jobs, helpretainexistingjobs,andstimulate industrial,technological andcommercialgrowth in American communities;and WHEREAS,theCity of SouthMiamisubmittedanapplicationforfundingin order to correct drainage androad improvement issuesinthe Downtown Shopping District,thereby encouraging theretention of existing businesses aswellasthe creation of new job opportunities;and WHEREAS,theEDA awarded theCity of SouthMiami $800,000 foritsgrant application,andtheCitywillacceptEDAfundingasmatchingfundsbecomeavailable NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section1.TheCity Manager is authorized to accept anEDAgrant award for $800,000. Section 2.The City Manager is authorized to execute contracts and documentsapplicabletotheacceptance of the EDA grant. Section 3.This resolution shalltake effect immediately upon arrival. PASSED AND ADOPTED this 2ndday of October 2001. ATTEST:,APPROVED:.APPROVED: READ AND APPROVED AS TO FORM: CITY ATTORNEY may(5r Commission Vote:4-0 Mayor Robaina:Yea ViceMayor Feliu:Yea Commissioner Bethel:Yea Commissioner Russell:Yea Commissioner Wiscombc:out of room CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Honorable Mayor Date:September 28,2001 and City Commission From:Charles D.Scurr^/I /j I *jf]Subject:Agenda Item #0JW City Manager /'//[/^(j£^Commission Meeting 10/02/01 Acceptance of EDAgrant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE ACCEPTANCE OF A GRANT FROM THE US DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)IN AN AMOUNT UP TO $800,000;AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS TheCity of South Miami submitted agrantapplicationtotheUS Department of Commerce's Economic Development Administration forroadanddrainageimprovementstothe City's Downtown Business District.The Economic Development Administration strives to generate jobs,helpretain existing jobs,andstimulateindustrial,technological and commercial growth.It has been shown that correcting problems of inadequate infrastructure in business areas facilitates the retention and expansion of existing businessesand encourages the establishment of new businesses,thus saving existing jobs and providing additional job opportunities. Thetotalprojectcostforthestormwater/streetportion of theCBDredevelopmentisestimatedto be$1,663,541.TheEDAwillfundupto$800,000 of the project's costs,withtheCityfunding theotherportion of thecosts(upto$863,541).Thesematchingfundsmaycomefromavariety of sources.TheCityis considering usingaportion of the $1,400,000 grant allocated viathe FloridaLegislatureinfiscalyears2000($400,000)and2001($1,000,000)aswellasfromthe upcoming2002session.AfundingplanfortheCBDproject,includingthiscomponent,willbe developed and presented totheBoardattheend of thecalendaryear. The attached resolution wouldallowtheCity Manager toexecutethe contracts and documents necessarytoreceivethemoneyandmoveforwardwiththisimportantendeavor. RECOMMENDATION Yourapprovalis recommended. SEP 6 2001 Mr.Charles D.Scurr City Manager City of South Miami 613 0 Sunset Drive South Miami,Florida Dear Mr.Scurr: 33143 U.S.DEPARTMENT OF COMMERCE Economic Development Administration ATLANTA REGIONAL OFFICE Suite 1820 401 West Peachtree St.,N.W. Atlanta.Georgia 30308-3510 In reply refer to: Award No.04-79-55023 We are pleased to inform you that the Economic Development Administration (EDA)has approved a Financial Assistance Award in an amount not to exceed $800,000 issued pursuant to your application for Federal assistance for road and stormwater drainage infrastructure improvements. The total project cost is $1,663,541,which is based onthe line item estimates contained in Attachment No.1. Enclosed are three signed copies of the Financial Assistance Award. Your agreement tothe terms and conditions ofthe award should be indicated by the signature of your principal official onallofthe signed copies ofthe Financial Assistance Award.Two ofthe executed copies should be returned to the Director,Atlanta Regional Office,Economic Development Administration,Suite 1820, 401 West Peachtree Street,N.W.,Atlanta,Georgia 30308-3510. You are cautioned not to make any commitments in reliance on this award,nor to enter into negotiations relative hereto,until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith.Any commitments or undertakings entered into prior to obtaining the approval ofthe Government in accordance withits terms and conditions will be at your own risk. Enclosures Sincerel Will-iamjj.Day,Jr. Director,Atlanta Region "N FORM CD-450 (REV 10/98) U.S.DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME City of South Miami STREET ADDRESS 6130 Sunset Drive CITY,STATE,ZIP CODE South Miami,Florida 33143 AWARD PERIOD From date of award approval to 31 months after award approval AUTHORITY 42 U.S.C.Section 3149 0 •GRANT LJ COOPERATIVE AGREEMENT ACCOUNTING CODE AWARD NUMBER 04-79-55023 FEDERAL SHARE OF COST 800,000 RECIPIENT SHARE OF COST $863,541 TOTAL ESTIMATED COST 1,663,541 CFDA NO.AND PROJECT TITLE 11.307 Economic Adjustment Program /City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents,the Recipient agrees to comply with the Award provisions checked below.Upon acceptance by the Recipient,two signed Award documents shallbe returned to the Grants Officer and the third document shall be retained by the Recipient.If not signed and returned without modification by the Recipient within 30 days of receipt,the Grants Officer may unilaterally terminate this Award. LJ Department of Commerce Financial AssistanceStandard Terms and Conditions 0 Special Award Conditions 0 Line Item Budget D 15 CFR Part 14,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,Other Non-Profit,and Commercial Organizations 0 15 CFR Part 24,Uniform Administrative Requirements for Grants and Agreements toStateand Local Governments D 0MB Circular A-21,Cost Principles for Educational Institutions 0 0MB Circular A-87,Cost Principles for State,Local,and Indian Tribal Governments D 0MB Circular A-122,Cost Principles for Nonprofit Organizations D 48 CFR Part 31,Contract Cost Principles and Procedures 0 0MB Circular A-133,Audits ofStates,Local Governments,and Non-Profit Organizations 0 Other(s)EDA Standard Terms and Conditions -Construction Program,dated March 1999 SIGNATURE OF DEPARjf/IENT OF;COMMERCE GRANTS-OFFICER TYPED NAME AND SfGNATUREQF AUTHORIZED REC/PIENT OFFICIAL Charles Scurr TITLE Director,Atlanta Region TITLE City Manager DATE FORM CD-450 (REV 10/98) U.S.DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME City of South Miami STREET ADDRESS 6130 Sunset Drive CITY,STATE,ZIP CODE South Miami,Florida 33143 AWARD PERIOD From date of award approval to 31 months after award approval AUTHORITY 42 U.S.C.Section 3149 0 •GRANT LJ COOPERATIVE AGREEMENT ACCOUNTING CODE AWARD NUMBER 04-79-55023 FEDERAL SHARE OF COST 800,000 RECIPIENT SHARE OF COST $863,541 TOTAL ESTIMATED COST 1,663,541 CFDA NO.AND PROJECT TITLE 11.307 Economic Adjustment Program /City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents,the Recipient agrees to comply with the Award provisions checked below.Upon acceptance by the Recipient,two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient.If not signed and returned without modification by the Recipient within 30 days of receipt,the Grants Officer may unilaterally terminate this Award. LJ DepartmentofCommerce Financial AssistanceStandardTermsand Conditions 0 Special Award Conditions 0 Line Item Budget U 15 CFR Part14,Uniform AdministrativeRequirementsforGrantsand Agreements with Institutions ofHigher Education,Hospitals,Other Non-Profit,and Commercial Organizations 0 15 CFR Part 24,Uniform Administrative Requirements for Grants and Agreements toState and Local Governments LJ 0MB Circular A-21,Cost Principles for Educational Institutions 0 OMB Circular A-87,Cost Principles for State,Local,and Indian Tribal Governments CD OMB Circular A-122,Cost Principles for Nonprofit Organizations Q 48 CFR Part 31,Contract Cost Principles and Procedures 0 OMB Circular A-133,Audits ofStates,Local Governments,and Non-Profit Organizations 0 Other(s)EDA Standard Terms and Conditions -Construction Program,dated March 1999 SIGNATURE OF DEPARTMENTOF C<5mm£rCE GRANTS TYPEDNAME AND SIGNATURE OF/AUTHORIZED RECIPIENTOFFICIAL Charles Scurr TITLE Director,Atlanta Region TITLE City Manager DATE DATE FORM CD-450 (REV 10/98) U.S.DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE AWARD RECIPIENT NAME City of South Miami STREET ADDRESS 6130 Sunset Drive CITY,STATE,ZIP CODE South Miami,Florida 33143 AWARD PERIOD From date of award approval to 31 months after award approval AUTHORITY 42 U.S.C.Section 3149 0 •GRANT LJ COOPERATIVE AGREEMENT ACCOUNTING CODE AWARD NUMBER 04-79-55023 FEDERAL SHARE OF COST 800,000 RECIPIENT SHARE OF COST $863,541 TOTAL ESTIMATED COST 1,663,541 CFDA NO.AND PROJECT TITLE 11.307 Economic Adjustment Program /City of South Miami Downtown District This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. Bysigning the three documents,the Recipient agrees to comply with the Award provisions checked below.Upon acceptance by the Recipient,two signed Award documents shallbe returned to the Grants Officer and the third document shall be retained by the Recipient.If not signed and returned without modification by the Recipient within 30 days of receipt,the Grants Officer may unilaterally terminate this Award. Q Department of Commerce Financial Assistance Standard Terms and Conditions 0 Special Award Conditions 0 Line Item Budget D 15 CFR Part 14,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,Other Non-Profit,and Commercial Organizations 0 15 CFR Part 24,Uniform Administrative Requirements for Grants and Agreements toStateand Local Governments D OMB Circular A-21,Cost Principles for Educational Institutions 0 OMB Circular A-87,Cost Principles for State,Local,and Indian Tribal Governments D OMB Circular A-122,Cost Principles for Nonprofit Organizations D 48 CFR Part31,Contract Cost Principles and Procedures 0 OMB Circular A-133,Audits ofStates,Local Governments,and Non-Profit Organizations 0 Other(s)EDA StandardTermsand Conditions -Construction Program,dated March 1999 SIGNATURE OF DEPART^ENJTOF COMMERCE^GRANTS OFFICER^IENJTOFCOMMERCE GRANTS 0FFI6F^L TYPED NAME AND SIGNATURE OFJAUTHORIZED RECIPIENT OFFICIAL Charles Scurr TITLE ^Director,AtlantaRegion TITLE City Manager DATE q m DATE EXHIBIT "A" U.S.DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Award No.:04-79-55023 Recipient:City of South Miami,Florida SPECIAL AWARD CONDITIONS 1.PROJECT DEVELOPMENT TIME SCHEDULE:The Recipient agrees tothe following Project development time schedule: Time allowed after Receipt of Financial Assistance Award for: Return of Executed Financial Assistance Award 30 days Start of Construction...12 Months from Date of Award of Grant Construction Period 18 months Project Closeout -All Project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than 90 days after the date the Recipient accepts the completed project from the contractor(s). The Recipient shall pursue diligently the development ofthe Project soasto ensure completion within thistime schedule. Moreover,the Recipient shall notify the Government in writing of any event which could delay substantially the achievement of theProjectwithintheprescribedtimelimits.TheRecipient further acknowledges that failure tomeetthe development time schedule may result inthe Government's taking action to terminate the Award in accordance with the regulations set forth at 15 CFR 24.43 (53 Fed.Reg.8048-9,8102,March 11,1988). 2.GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION:Department of Labor regulations setforthin41CFR60-4 establish goalsand timetables for participation ofminoritiesand women inthe construction industry.These regulations apply toall Federally assisted construction contracts in excess of $10,000.The Recipient shall complywith these regulations andshallobtain compliance with 41CFR60-4from contractors and subcontractors employedinthecompletionoftheProjectbyincludingsuch notices,clauses and provisions inthe Solicitations for Offers or Bids as required by 41 CFR 60-4.Thegoalforthe participationofwomenineachtradeareashallbeas follows: FromApril 1,1981,untilfurthernotice:6.9 percent Special Conditions EXHIBIT "A" Page 2 Award No.04-79-55023 All changes to this goal,as published inthe Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at41 CFR 60-4.6,or any successor regulations,shall hereafter be incorporated by reference into these Special Award Conditions. Goals for minority participation shall beas prescribed by Appendix B-80,Federal Register,Volume 45,No.194, October 3,1980,or subsequent publications.The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"(or cause them tobe included,if appropriate)inall Federally assisted contracts and subcontracts.The goals and timetables for minority and female participation may notbelessthan those published pursuant to 41 CFR 60-4.6. AUDIT REQUIREMENTS:Applicableaudit requirements are contained in OMB Circular A-133.Any references to audit requirements contained in 15 CFR Part 2 9a and 15 CFR 29b in the terms and conditions governing thisprojectare replaced by OMB Circular A-133. PERFORMANCE MEASURES:The grantee agrees to report on core programperformancemeasuresandprojectoutcomesinsuchform andat such intervals asmaybe prescribed by EDA in compliance with the Government Performance and Results Act of 1993.The performance measures that presently applytothisprojectare identified in the exhibit entitled EDA Core Performance Measures.EDA willadvisethe grantee in writing within a reasonable period priortothetimeofsubmission,intheevent that there are any modifications inthe performance measures. REPORT ON UNLIQUIDATED OBLIGATIONS:All Recipients of an EDA grantawardofmorethan $100,000 whosegranthasnotbeenfully disbursed asoftheendofeachreporting period are required to submit a financial reportto EDA annually onthe status ofun reimbursed obligations.The report willprovideinformationon theamountof allowable projectexpensesthathave been incurred bythe Recipient butnot claimed for reimbursement asof the end ofthereporting period.ThereportwillbeasofSeptember30 ofeachyearandmustbe submitted annually untilthe final grant payment is made by EDA.The report shall be submitted to EDA no later than October 30ofeachyear.Noncompliance with thisrequirementwill result inthe suspension ofEDAgrant disbursements.Standard Form 269A,Financial Status Report, willbeusedforthis purpose.Instructionsforcompletingand filing the report will be furnished to the Recipient at least 60daysbeforethereportis due. Special Conditions EXHIBIT "A" Page 3 Award No.04-79-55023 10 FEDERAL SHARE OF PROJECT COSTS:The EDA participation in total eligible project costs will be limited tothe EDA grant amount or the EDA share of total allowable project costs based on the area's grant rate eligibility at the time of award,whichever is less. ENGINEERING CERTIFICATE/CERTIFICATE OFTITLE:The Recipient, prior to Solicitation of bids for construction of this Project, shall furnish tothe Government an acceptable Engineering Certificate showing all lands,rights-of way and easements necessary for construction of this Project along with an acceptable Certificate of Title on said lands,rights-of way and easements showing good and merchantable title free of mortgages or other foreclosable liens. CONSTRUCTION START:If significant construction (as determined by EDA)is not commenced within two years of approval ofthe project or by thedate estimated for start of construction in the grant award (orthe expiration of any extension granted in writing by EDA),whichever islater,the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the grant recipient,that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. ENVIRONMENTAL:Prior to invitation for bids,the Recipient shall furnish evidence satisfactory to the Regional Environmental Officer (REO)thattheUS Army Corps of Engineers (Corps)404 Permit has been obtained andthat environmental mitigation set forth bythat permit has been incorporated into the plans and specifications.The Recipient shallalsofurnish evidence that all mitigation stipulated in the Florida Department of Environmental Protection orWater Management District permit(s)forthisprojecthasbeenaccomplished. ENVIRONMENTAL:Prior to invitation for bids,the Recipient shall furnish evidence satisfactory to the Regional Environmental Officer (REO)that the U.S.Fish and Wildlife Service (FWS)and the National Oceanic and Atomospheric Administration (NOAA)have approved the final plans and specifications. Form ED-508 (Rev.3/89) U.S.DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS ATTACHMENT NO.1 EDA Award No.04-79-55023 State:Florida County:Miami-Dade Cost Classification Proposed Approved Administrative and legal expenses $$ Land,structures,and rights-of-way appraisals,etc. Relocation expenses and payments (Cost incidental to transfer of titles) Architectural and engineering fees Other architectural and engineering fees Project inspection fees and audit Demolition and removal Construction Equipment Contingencies TOTAL PROJECT COSTS Remarks: 1,512,310 1,512,310 151,231 151,231 $1,663,541 $1,663,541 ECONOMIC DEVELOPMENT ADMINISTRATION CORE PERFORMANCE MEASURES Section 201 Public Works and Development Facilities and Section 209 Construction Grants Outcomes reported at project completion: 1.Construction schedule met: a.construction start date b.construction finish date 2.Local&State matching dollars for the EDA project. Outcomes reported a:project completion and at three and six years after project completion. 3.Permanent jobscreatedor retained. 4.Private sector dollars leveraged. 5.Additional dollars leveraged (local,state and other federal). 6.Increaseinlocaltaxbase (actual orby multiplier). 7.Local capacity improved:Grantee self-evaluation (1 to 10,with 10 =best): a.Created infrastructure to support economic development b.Created infrastructure to stimulate privateinvestment c.Stabilized and maintained thelocal economic base d.Diversified the local economy e.Other benefitsnot easily quantified (specify) 11/24/99 MARCH,1999 Exhibit "B" U.S.DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARDTERMSANDCONDITIONS Title II Public Worksand Development Facilities and Economic Adjustment Construction Components Page INTRODUCTION 1 A.STATUTORY AND EXECUTIVE ORDER REQUIREMENTS 1 I I Sj 1.Financial Reports B.FINANCIAL REQUIREMENTS 5 2.Award Payments !j 3 Federal and Non-Federal Snaring ° 4.Budget Changes a-d Transfe'of Funds Among Categories 7 5.Indirect Costs -—;6.Incurring Costs or Obligating Federal Funds Beyond the Expira,:n Date.a 7.Tax Refunds 8.Incurring Costs Prior to Aware C.PROGRAMMATIC REQUIREMENTS 9 g1.Reporting Requirements 2.Unsatisfactory Performance ™ 3.Programmatic Changes ••••;4.Other Federal Awards with Smilar Programmatic Activities i| 5.Program Income ••6.Use of Third Partes to Solicit or Secure This Award ^ 7 Consultant and Attorney's Fees ];? 8.Member of Congress/Resident Federal Commissioner Restrictic-i J 9.Hold Harmless Requiremert ^ 10.Alienation Restriction 11 11.Taxpayer Identification Number Requirement 14 D.NON-DISCRIMINATION REQUIREMENTS 141.Statutory Provisions 15 2.Other Provisions 15 E.AUDITS 1.Organization-Wide and Project Audits 16 2.Audit Resolution Process 17 F.DEBTS 1.Payment of Debts Owed the Federal Government ]? 2.Late Payment Charges 18 G.NAME CHECK ^.181ResultsofNameChecK•••••;1R2.Artion(s)Taken as a Result of Name Check Review ™ 19H.LOBBYING RESTRICTIONS 191StatutoryProvisions19 2 Disclosure of Lobbying Activities 19 3.Subaward,Contract,and Subcontract I.MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE 20 J.SUBAWARD AND/OR CONTRACT TO AFEDERAL AGENCY 21 21K.PROPERTY MANAGEMENT 21 1.Standards 21 2.Retention of Title 22 3.Disposal of Real Property 22 4.EDA's Interest in Award Property 23 5.Leasing Restrictions ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title II Public Works and Development Facilities and Title II Economic Adjustment Construction Components For the purpose of these Standard Terms and Conditions,unless the context otherwise requires,(a)the term "Government"refers to the Economic Development Administration (EDA);(b)the term "Recipient"refers to the recipient of Government funds under the Agreement to which this attachment is made a part:(c)the term "Department"and "DoC" refer to the Department of Commerce;and (d)the term "regional office"refers to the apcropriate Regional Office of the Economic Development Administration,i.e.,the office administering the award.The Public Works and Economic Development Act of 1965,and its amendments (42 U.S.C.3121,et seq.),including the comprehensive amendment of the Economic Development Reform Act of 1998 (P.L.105-393)are hereinafter referred to as PWEDA. A.Statutory and Executive OrderRequirements Some of the terms and conditions herein contain,by reference or substance,a summary of the pertinent statutes,or regulations published in the Federal Register or Code of Federal Regulations (CFR),Executive Orders (EO)or OMB Circulars (Circular).To the extent that it is a summary,such term or condition is not in derogation of.or an amendment to,any s«ch statute,regulation,EO or Circular.All statutes,regulations.EOs or Circulars whether or not referenced herein aretobe applied as amended on the date they are administered. i The Recipient and any subrecipents must,r addition to the Assurances made as a part of the application,comply ard require each of its contractors and subcontractors employed in the completion of the project to comply,with all applicable Federal,state, territorial,andlocallaws,and in oarticular the following Federal Public Laws,the regulations issued thereunder,and Executive Orders and Office of Management and Budget (OMB)Circulars: a.The Public Works and Econcmic DevelcpmentActof 1965,P.L 89-136,as amended (42 U.S.C.3121,e:seq.),including the comprehensive amendment of the Economic Development Reform Act of 1998 (P.L.105-393),and regulaticns in 13 CFR,Chapter III; b.The Davis-Bacon Act as amended (40 U.S.C.276a to 276a (5);42U.S.C.3212); c.The Contract WorkHours and SafetyStandards Act,asamended (40 U.S.C. 327-333); d.The Copeland "Anti-Kickback Act,as amended (40 U.S.C.276(c):(18 U.S.C. 874); e.The Clean Air Act,as amended (42 U.S.C.7401.et seq.); f.The Clean Water Act (The Federal Water Pollution Control Act as amended)(33 U.S.C.1251,et seq.); g.The Endangered Species Act of 1973,as amended (16 U.S.C.1531,et seq.); h.The Coastal Zone Management Act of 1972,as amended (16 U.S.C.1451,et seq.); i.The Safe DrinKing Water Act of 1974,as amended (42 U.S.C.300f-j26); j.The Energy Conservation and Production Act (applicable to construction of new residential and commercial structures)(42 U.S.C.6801,et seq.); k.The Wild and Scenic Rivers Act,as amended,P.L.90-542,(16 U.S.C.1271,et seq.); I.The Historical and Archeoiogical Data Preservation Act,as amended (16 U.S.C. 469a-1,etseq.); m.Executive Order 11990,Protection of Wetlands.May 24,1977: n PL 90-480.as amended (42 U.S.C.4151,et seq.).and the regulations issued thereunder,prescribing standards for the design and construction of any building or facility intended to be accessible to the public or that may result in the employment of handicapped persons therein; o The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,P.L.91-646,as amended (42 U.S.C.4601.et seq.);and 15 CFR Part 11; p.The Flood Disaster Protection Act of 1973,P.L.93-234,as amended (42 U.S.C. 4002 et seq.).and regulations and guidelines issued thereunder by the Federal Emergency Management Administration (FEMA)or the Economic Development Administration; q.Executive Order 11988,Roodplain Management.May 24,1977,and regulations and guidelines issued thereunder by the Economic Development Administration; r.The National Environmental Policy Act of 1969.P.L.91-190.as amended,and 42 U.S.C.Sec 4321 etseq.; s.The Lead-based Paint Poisoning Prevention Act (42 U.S.C.4801 et seq.),P.L.91 695,as amended; t.The Resource Conservation and Recovery Act of 1976.as amended,P.L.94-580, (42 U.S.C.6901); u.The Comprehensive Environmental Response.Compensation,and Liability Actof 1980,as amended (42 U.S.C.9601et seq.)and the Superfund Amendments and Reauthorization Act of 1986,P.L 99-499,as amended; v.The Drug-Free Workplace Actof1988,P.L 100-690,TitleV,Subtitle D,and15 CFRPart26(55F.R.21678,May 25,1990)for projects approved onorafter March 18,1989; w.Restrictionson Lobbying,section 319of P.L.101-121,15 CFRPart 28,(55F.R. 6736-6748,2/26/90); x.Executive Order 12549,Debarment and Suspension,and 15 CFRPart26, Governmentwide Debarment and Suspension (Nonprocurement); y.American Indian Religious Freedom Act,P.L 96-341 (42 U.S.C.Sec 1996); z.Environmental Quality Improvement Actof 1970.P.L.91-244,asamended(42 U.S.C.Sec 4371-4374); aa.Executive Order 12088,FederalCompliance with PollutionControlStandards; bb.Executive Order 11514,Protectionand Enhancement of Environmental Quality, as amended: cc.Executive Order 11593,Protection and Enhancement of the Cultural Environment: dd.Farmland Protection PolicyAct,P.L97-98,asamended(7U.S.C.4201 etseq.); ee.Fish and Wildlife Coordination Act.P.L.92-522,as amended (16U.S.C.Sec 661 etseq.); ff.National Historic Preservation Act c?1966,P.L.89-665,as amended and the Advisory Council on Historic Preservation Guidelines (16 U.S.C.Sec 470 et seq.); gg.Noise Control Act,P.L.92-574,as amended (42 U.S.C.Sec 4901 et seq.); hh.Environmental Justicein Minority Populations and LowIncome Populations, Executive Order 12898 (February 11,1994). 2.The Recipient agrees that,for the expected useful life of the facility assisted with this award the project will be properly and efficiently administered,operated and maintained,as required by Section 504 of P.L 105-393 (42 U.S.C.3194...for the purpose authorized by this award and in accordance with the terms,conditions, requirements and provisions of the award.If the Government determines,at any time during the useful life of the facility,that the project is not being properly and efnciently administered,operated and maintained,the Government may terminate the award for causeand require the Recipient to repay the award. 3 This award is subject to P.L.101-510.enacted November 5.1990,section 1405, amending subchapter IV of Chapter 15,Title 31,United States Code,which prescribes the rules for determining the availability of appropriations.Accordingly,the grant funds obligated for this project will expire in five years :rom the end of the fiscal year ofthegrant award. 4 Pursuant to EO 12889.the DoC is required to notify the owner of any valid patent covering technology whenever the DoC or its financial assistance Recipients,without making a patent search,knows (or has demonstrable reasonable grounds to know) tnat technology covered by a valid United States patent has been or will be used without a license from the owner.To ensure proper notification,if the Recipient uses or has used patented technology under this Award without alicense or permission from the owner,the Recipient must notify the DcC Patent Ccunsel at the following address,with a copy to EDA: Departmentof Commerce Officeof Chief Counsel for Technology Patent Counsel 14th Streetand Constitution Avenue.NW,Room H-4613 Washington,D.C.20230 The notification should include the award number,the name of the DoC awarding agency a copy of the patent,a description of how the patented technolcgy was used, and the name of the Recipient contact,including an address and telephone number. 5.For use for new building constructs-projects: The Recipient is aware of and intencs to comply with one of the three model codes outlined by the Commir.ee on Seisr.c Safety in Construction (ICSSC): 1991 ICBO Uniform Budding Code 1992 Supplement to the BOCA National Building Code 1991 Amendments to the SBCC Standard Building Code 6 Recipients are hereby notified that they are encouraged,to the greatest extent practicable,to purchase American-made equipment and products with funding providedunderthis Award. 7.The Recipient must furnish evidence satisfactory in form orsubstancetothe Government that title to realproperty(other than property of theUnited States and those limited cases as provided in 13 CFR 314.7(c)),is vested in the Recipient and that such easements,rights-of-way,state permits,or long-term leases,asare required for the project have been or will be obtained within an acceptable time as determined by the Government.All liens,mortgages,other encumbrances,reservations, reversionary interests,or other restrictions on title or the Recipient's interest in the property must be disclosed to EDA.No such encumbrances or restrictions will be acceptable if,as determined by the Government,the encumbrance or restriction will interfere with the construction,use,operation or maintenance ofthe project during its estimated useful life or except when a waiver has been granted by the Assistant Secretary or his\her designee. B.FINANCIAL REQUIREMENTS 1.Financial Reports a.The Recipient must submit an "SF-271,Outlay Report and Request for Reimbursement"(ED-113)no more frequently than quarterly to report outlays.A final SF-271 is to be submitted within 90 days after the expiration dateofthe award. b.The Recipient must submit a "Federal Cash Transactions Report"(SF-272)for each award where funds are advanced to Recipients.The SF-272 isdue 15 working days following the end of each calendar quarter for awards under $1 million;or 15 working days following the end of each month for awards over 81 million';or unless otherwise specified in a special award condition. c.All Recipients of an EDA grant award of nore than $100,000 whose grant has not been fully disbursed as of the end of eacr-reporting period are required to suomit a financial report to EDA annually on the status of unreimbursed obligations.The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient but not claimed for reimbursement as of the end of the reporting period.The report will be as of September 30 of each year and must be submitted annually until the final grant payment is made by EDA. The report will be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement will result in the suspension of EDA grant disbursements.Standard Form 269A,Financial Status Report,will be used for this purpose.Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. d.All financial reports are to be submitted-to the regional office. 2.Award Payments a.Unless otherwise specified in a special award condition,the method of payment forthe award will be through advance or reimbursement. b.The Recipient must submit an "Outlay Report and Request for Reimbursement, SF-271"(ED-113)no more frequently than monthly to request payment.The SF- 271isto be submitted tothe regional office. c.Payments will be made via electronic transfer which transfers funds directly to a Recipient's bank account.The Recipient must complete a payment information form and return it to the regional office.The award number must be included on thepayment information form. d Advances will be limited to the minimum amounts necessary to meet immediate disbursement needs.Advanced funds not disbursed in a timely manner w'll be promptly returned to EDA.Advances will be approved for periods not to exceed 30 days.The regional office determines the appropriate method of payment.If a Recipient demonstrates an unwillingness or inability to establish procedures wh«ch will minimize the time elapsing between the transfer of funds and disbursement or if the Recipient otherwise fails to continue to qualify for the acvance method payment,the regional office may change the method of payment to reimbursement only. 3.Federal and Non-Federal Sharing a Tre EDA participation in total eligible project costs will be limited to the EDA grant a-ount or the EDA share of total allowable project costs based on the area s gr=nt rate eligibility at the time of award,whichever is less. b T-e non-Federal share,whether cash or in-kind,is expected to be paid o.:at the same general rate as the Federal share and must be committed at the time of Award and available over the life of the Award.Cash or in-kind contributions, fa 1y evaluated by EDA,including contributions of space,equipment,and services may provide the non-Federa'share of the project cost.In-kind attributions must be eligible project costs and meet applicable Federal cost pnciples and uniform administrative requirements.Exceptions to this requirement may be granted by EDA based on sufficient documentation demonstrating previously determined plans for or later commitment of cas^or in ks "d contributions. 4.Budget Changes and Transfer of Funds Among Categories a Requests for budget changes to the approved estimated budget in accorcance wth the provision noted below must be submitted to the regional office for review and recommendation.EDA will make the final determination on such req-ests and notify the Recipient in writing. b.Transfer of funds by the Recipient among direct cost categories are permled with the writtenapprovalof EDA.Transfers will notbepermitted if such transfers would cause the Federal grant,or part thereof,tobe used for purposes other than these intended. c.The additionofanewlineitemto the approved budgetmustbe approved in writing by EDA.Such an addition presents a rebuttable presumption ofchange of scope. d.The Recipient isnot authorized at any time to transfer amounts budgeted for direct costs totheindirectcostslineitem and viceversa,except with the written prior approval of EDA. 5.Indirect Costs a.Indirect costs will notbe allowable charges against the award unless specifically includedasalineitem in the approved budget incorporated into the award. b.Excess indirect costs may not be used tooffset unallowable direct costs. c.If the Recipient has not previously established an indirect cost rate with a Federal agency,the negotiation and approval of a rate is subject to the procedures in the applicable cost principles andthe following subparagraphs: (1)The Office of Inspector General (OIG)is authorized to negotiate indirect cost rates onbehalfof EDA for those organizations for which DoCisthecognizant agency.The OIG will negotiate only fixed rates.The Recipient must submit tothe OIG within 90 daysofthe award start date,documentation (indirect cost proposal,cost allocation plan,etc.)necessary to establish such rates. The Recipient must provide the EDA regional office with acopyofthe transmittal letter to the OIG. (2)When an oversight or cognizant Federal agency other than DoC has responsibility for establishing an indirect cost rate,the Recipient must submit to that oversight or cognizant Grants Officer within 90 days of the award start date the documentation (indirectcost proposal,cost allocation plan,etc.) necessary to establish such rates.The Recipient must provide both the regional office and the DoC OIG with a copy of the transmittal letter to the cognizant Grants Officer. (3)If the Recipient fails to submit the required documentation to the OIG or other oversight or cognizant Grants Officer within 90 days of the award start date, the EDA regional office will amend the award to preclude the recovery of any indirect costs underthe award.If theDoC OIG or EDA determines there isa finding of good and sufficient cause to excuse the Recipient's delay in submitting the documentation,an extension of the 90-day due date may be approved by EDA. •(4)Regardless of any approved indirect cost rate applicable to the award at the time of award,the maximum dollar amount of allocable indirect costsfor which EDA will reimburse theRecipientsnail be the lesser of: (a)The line item amount for the Federal share of indirect costs contained in the approved budgetoftheaward;or (b)The Federal share of the total allocable indirect costs of the award based on the negotiated rate with the cognizant Grants Officer as established by audit ornegotiation. 6.incurring Costs or Obligating Federal Funds Beyond the Expiration Date a.The Recipient must not incur costs or obligate funds for any purpose pertaining to the operation of the project,program or activities beyond the expiration date stipulated <n the award.The only costs which are authorized for a period of up to 90 days flowing the award expiration date are those strictly associated with closeout activities.Closeout activities are limited tothe preparation of final reports. b.Any extension of the award period can only be authorized by the EDA Assistant Secretary or his/her designee.Verbal or written assurances of funding from other than EDA s Assistant Secretary or his/her designee does not constitute authority to obligate funds for programmatic activities beyond the expiration date. c.EDA has ro obligation to provide any additional funding. 7.Tax Refunds Refunds of FICA/FUTA taxes received by the Recipient during or after the award ceriod must be refunded or credited to EDA where the benefits were financed with Federal funds under the award.The Recipient agrees to contact the regional office immediately -pon receipt of these refunds.The Recipient further agrees to refund portions of FICA/FUTA taxes determined to belong to the Federal Government, including ref-nds received after the expiration of the award. 8.Incurring CostsPriortoAward Recipients that incurred any project costs prior to a grant award being made by EDA did soat the n'sk of not being reimbursed;however,EDA may,at its sole discretion, pay for project costs incurred prior to grant award.Such costs must included in the approved project budget and be allowable costs under Federal cost principles and the grant award. C.PROGRAMMATIC REQUIREMENTS 1.Reporting Requirements a.Financial and performance (technical)reports mustbesubmittedin accordance with the procedures in 15 CFRPart24or 15 CFR Part 14,as applicable,andthe schedule indicated below.Failureto submit required reports ina timely manner may result in the withholding of payments under this award or deferring the processingof new awards,amendments,or supplemental funding pending the receiptofthe overdue report(s),and/or establishing an accounts receivable for the difference between thetotalFederal share of outlays last reported andthe amount disbursed. b.Project performance reports are to be submitted for each calendar quarter.The project performance report will be due not later than January 15,April 15,July 15 and October 15 for the immediate previousquarter.Thereportsubmission dates are tobenomorethan30daysaftertheduedate,with aduedateof90 days after expiration of the award.This reporting requirement begins with the Recipient's acceptance of the award andends when the final project disbursement is approved.The project performance report should be submitted to the regional office. c.Recipients of awards which involve both Federal financial assistance valued at $500,000or more and procurement of supplies,equipment,construction,or servicesare required to submit the SF-334,"Minority Business Enterprise/Women Business Enterprise Utilization Under Federal Grants, Cooperative Agreements,and Other Federal Financial Assistance."Reports are to be submitted ona quarterly basis for the period ending March 31,June 30, September 30,and December 31.Reports are due no later than thirty (30)days following the end of the reporting period during which any procurement in excess of $10,000 is executed under this award.The report should be submitted in duplicate to the regional office.Any questions concerning this report should be directed to the regional office. d.Performance Measures:The Recipient agreesto report on program performance and project outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993 andP.L.105-393.The performance measures that apply to this project are included with and made a part of thegrant award package.EDA will advise the Recipient in writing,within a reasonable period prior to time of submission,in the event there areany modifications intheperformancemeasures. 2.Unsatisfactory Performance a.Recipient will comply with the administrative,procedural and policy requirements contained in applicable EOA regulations in effect at time of their application. b.The Government reserves the right to suspendthe award and withhold further 10 payments,or prohibit the Recipient from incurring addtional obligations,pending corrective action by the Recipient or a decision by the Government to terminate the award unless the project iscompletedtothe satisfaction of the Government c.The Government hasthe right to terminate for cause a;!or any part ofits obligation hereunder if: (1)Any representation made by the Recipient to the Government in connection with the application for Government assistance is incorrect or incomplete in anymaterial respect. (2)The intent and purpose and/or the economic feasibility of the project is changed substantially so as to affect significant/the accomplishment of the project asintended. (3)The Recipient has violated commitments it made in its application and supporting documents or has violated any of the terms and conditions of this award. (4)Any official,employee or agent,member of immediate family,partner,or an organization which employs or is about to employ any of the above of the Recipient becomes directly interested financial yin the acquisition of any materials or equipment,or in any construction for the project,or in the furnishing of any service to or in connection wr the project,or any benefit arisingtherefrom. (5)The Recipient fails to report immediately to the Government any change of authorizec -epresentative(s)acting in lieu of or :n behalf of the Recipient. d.The coligations hereunder may be termirated for convenience if: (1)Both the Recipient and the Government agree rat continuation of the project would not produce beneficial results commens^'ate with the further expenditure of funds. (2)Both the Recipient and the Government agree upon the termination conditions,including the effective date,and in ne case of partial termination, the portion tobe terminated. (3)The Recipient agrees to incur no new obligations ?:r the terminated portion after the effective date and to cancel or satisfy all outstanding obligations as of that date. e The Recipient has the sole authority and full responsbility,without recourse to the Federal Government or any of its agencies,for the settlement and satisfaction of all conractual and administrative issues arising out of itvs award. 11 f.The Recipient hereby agrees that the Government may,at its option,withhold disbursement of any award funds if the Government learns or has knowledge,that the Recipient has failed to comply in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected tothe Government's satisfaction.The Recipient further agrees to reimburse the Government for any ineligible costs which were paid from award funds,or if the Recipient fails to reimburse the Government,the Government shall have the right to offset the amount of such ineligible costs from any undisbursed award funds held by the Government The Recipient agrees to repay the Government for al)ineligible costs incurred in connection with the project and paid from the award including,but not limited to,those costs determined to be ineligible if the Government learns of any award violations after all award funds have been disbursed. g The Recipient hereby agrees,in the event a beneficiary of the EDA assisted project fails to comply in any manner with certifications,assurances,or agreements that such beneficiary has entered into in accordance with EDA requirements,that the Recipient will reimburse the Government the award amount or an amount to be determined by the Government pursuant to 13 CFR Part 314. Where the Government determines that the failure of the beneficiary to comply with EDA requirements affects a portion of the property benefitted by the award,the Recipient will reimburse the Government proportionately. h If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute,regulation,assurance,application,or notice of award,the Grants Officer may,in addition to imposing any of the special conditions outlined in 15 CFR §14.14,take one cr more of the following actions,as appropriatein the circumstances: (1)Temporarily withhold payments of funds pending correction of the deficiency by the recipient or more severe enforcement action by the Grants Officer after coordinationwith the DoCoperating unit. (2)Disallow (that is,deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3)Wholly or partly suspend or terminate the current award. (4)Withhold further awards for the project or program. (5)Take other remedies that may be legally available. 3.Programmatic Changes 12 a.The Recipient must not make any programmatic changes to the award without prior written approval by EDA. b.Any requests by the Recipient for programmatic changes must be submitted to EDA for review and approval.The Assistant Secretary or hi&'her designee will make the final determination and notify the Recipient in writing. 4.Other Federal Awards withSimilar Programmatic Activities The Recipient must immediately provide written notification to EDA in the event that, subsequent to receipt of the EDA award,other Federal financial assistance is received relative tothe scope of work ofthe EDA award. 5.Program Income a For projects that create long-term rental revenue,i.e.,builcfings or real property constructed or improved for the purpose of renting or leasing space (e.g.,building sites),the Recipient agrees to use such income generated from the rental or lease of the project facility(ies),in the following order of priority: (1)Administration,ooeration,maintenance and repair of the project facilities for their useful life (as determined by EDA)in a manner consistent with good property management practice and in accord with the established building codes.This includes,where applicable,repayment of indebtedness resulting from any legal encumbrance (e.g.,approved mortgage)on the EDA assisted facility. (2)Economic development activities that are authorizec 'or support by EDA, provided such acdvities are within the EDA eligible area. b Prior to the final disbursement of grant funds,the Recipient will develop and furnish to EDA for approval,ar income reutilization plan that demonstrates that the funds generated from the EDA project will be expended for the purposes established above.Any changes rade to the plan during the useful lite of the project must alsobe submitted to EDA for its review and approval. 6.Useof Third Parties to Solicit or Secure This EDA Award Unless otherwise specifiec in the Special Conditions to the EDA grant award,the Recipient warrants that no oerson or selling agency has been employed or retained to solicit or secure this award upon an agreement or understand for a commission, percentage,brokerage,or contingent fee,excepting bona fide employees,or bona fide established commertial or selling agencies maintained by the Recipient for the purpose of securing business.For breach or violation of the warrant,the Government 13 hasthe right to annulthisaward without liability,cr atitsdiscretion,todeduct from the award sura orotherwiserecover,the full amount of such commission,percentage, brokerage,or contingent fee. 7.Consultant and Attorney's Fees TheRecipient hereby agrees that nofundsmade available fromthis Award will be used,directlyorindirectly,forpaying attorneys'or consultants'fees in connection with securing awards made bythe Government,suchas,forexample,preparingthe application for this assistance.However,attorneys'and consultants'feesincurred for meeting Award requirements,such as,for example,conducting atitle search or preparing plans and specifications,maybe eligible project costs and may be paid out ofthefunds nade available fromthis Award,provded such costs are otherwise eligible. 8.Member of Congress/Resident Federal Commissioner Restriction No member ofor delegate to Congress or resident Federal Commissioner will be admitted toany share or part ofthisawardortoany benefit that may arise therefrom; but this provision will not be construed to extend to this award if made toa corporation,education,or nonprofit institution forits general benefit. 9.Hold Harmless Requirement To the extent permitted bylaw,the Recipient agrees to indemnify and hold the Government harmless from and against allliabilities that the Government mayincur asa result c*'providing an award to assist,directly or indirectly,preparation of the project site c construction,renovation,orrepa.rcf any facilityon the project site,to the extent that such liabilities are incurred because of toxic or hazardous contaminate or groundwater,surface water,soil or other conditions caused by operations ofthe Recipient or any ofits predecessors (other than the Government or its agents)on the property. 10.Alienation Restriction Notwithstancngany other provisionofthe award,the Recipient will not transfer, pledge,mortgage,or otherwise assignthe award,or any interest therein,or any claim arisingthereunder,toany party orparties,banktrust companies,orotherfinancingor financial insttJtions. 11.Taxpayer Identification Number Requirement A Recipient dassified fortax purposes as an individual,partnership,proprietorship,or medicalcorporationis required tosubmitataxpayer identification number (TIN)(either socialsecurity number or employer identification number as applicable)onForm W-9. 14 "Payer'sRequest for Taxpayer Identification Number."Tax-exempt organizations and corporations (with the exception of medical corporations)are excluded from this requirement.Form W-9 istobe submitted tothe regional office within 60days of the award start date.The TIN will beprovidedto the IRS by EDA on Form 1099-G, "Statementfor Recipients of Certain Government Payments."Applicable Recipients who either fail to provide their TIN or provide an incorrect TIN may have funding suspended until the requirement is met.Disclosure of a Recipient's TIN is mandatoryfor Federal income tax reporting purposes under the authority of26 U.S.C,Section 6011 and 6109(d),and 26 CFR,Section 301.6109- 1.Thisisto ensure theaccuracyof income computation by IRS.This information will beusedto identify an individual who is compensated with DoC funds or paid interest under the Prompt PaymentAct. D.NONDISCRIMINATION REQUIREMENTS No person in the United States can.on the ground of race,color,national origin, handicap,religion,or sex,be excluded from participation in,be denied the benefits of, cr be subject to discrimination under any program or activity receiving Federal f nancial assistance.The Recipient agreesto comply with the nondiscrimination -equipments below and any statutes,regulations,and EOs whether or not referenced herein tobeapplied on thedate they are administered: 1.Statutory Provisions a.Title VI of the Civil Rights Act of 1964 (42 U.S.C.P.L.105-393§2000d et seq.)and DoC implementing regulations put ished at 15 CFR Part 8 which prohibit discrimination on the grounds of race,color,or national origin under programs or activities receiving Federal financial assistance; b.Title IX ofthe Education Amendments of 1972 (20 U.S.C.§§1681 etseq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; c.Section504of the Rehabilitation Act of 1973,as amended (29 U.S.C.§794) and DoC implementing regulations published at 15 CFR Part 8b prohibiting discrimination on thebasis of handicap underany program or activity receiving or benefitting from Federalassistance; d.The Age Discrimination Act of 1975,as amended (42 U.S.C.§§6101 et seq.) and DoC implementing regulations published at 15 CFR Part 20 prohibiting discrimination on thebasis of age in programs or activities receiving Federal financial assistance; e.The Americans with Disabilities Act of 1990 (42 U.S.C.§§12101 etseq.) prohibiting discrimination on the basis of disability under programs,activities,and 15 services providedor made available by state and local governments or instrumentalities or agencies thereto,as well as publicor private entities that provide public transportation;and f.Any other nondiscriminationprovisionsofstatutory law. 2.Other Provisions a.Executive Orders 11114,11246,11375,and 12086; b.Construction Contractors Affirmative Action Requirements,41 CFR Part60-4;and c.13 CFR Part 317,evil rights requirements for Recipents. E.AUDITS UndertheInspectorGeneralActof 1978,asamended,5 U.S.C.App.I,section 1et seq., anauditoftheaward may be conducted atany time.The Inspector General ofthe DoC, or any ofhisorher duly authorized representatives,hasaccesstoanypertinent books, documents,papers andrecordsofthe Recipient,whether written,printed,recorded, producedor reproduced byany mechanical,magnetic or other processor medium,in order tomake audits,inspections,excerpts,transcripts or other examinations as authorized by law.When the OIG requiresa project auot,the OIG will usuallymakethe arrangements toaudittheaward,whether theauditis performed by OIG personnel,an independent accountant under contract with the DOC,oranyother Federal,state orlocal audit entity. 1.Organization-Wide,Program Specific,and Project Audits a.Organization-wide or program-specific audits will oe performed in accordance with theSingle Audit Act Amendments of1996,as impemented by OMB Circular A- 133,"Auditsof States,Local Governments,and Non-Profit Organizations." Recipients thatare subject to the provisions of OMB Circular A-133 and that expend $300,000 or more ina year in Federal awards will have an audit performed in accordance with the requirements contained in OMB Circular A-133. Additionally,when required under a special award condition,a project audit will be performedin accordance withFederalGovernmert auditing standards. b.The Recipient must submit copies ofauditsto each GrantsOfficer that directly provides funds.Audits must be submitted to the DoC OIGat the following address witha copy ofthe transmittal letter tothe EDA regona!office. Officeof Inspector General U.S.Department of Commerce Atlanta Regional Officeof Audits 401 West Peachtree,NW,Suite 2742 _0 Atlanta,Georgia 30308 c.Recipients expendingFederal awarcs over $300,000 ayearandhavingaudits conducted in accordance withOMB Circular A-133 must also submit acopyof organization-wide or program specific audits tothe Bureau of the Census,which has been designated by OMB as a central clearinghouse.The address is: Federal Audit Clearinghouse Bureau of the Census 1201 E.10th Street Jeffersonville,IN 47132 2.Audit Resolution Process a.An auditoftheaward may result in me disallowanceofcostsincurred by the Recipient andthe establishment of a debt (account receivable)due EDA For this reason,the Recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b.ARecipient whose award is auditec nas the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: (1)Unless the Inspector Genera!jetermines otherwise,the Recipient has30 days from the date of the transmittal of the draft audit report to submit written comments and documentary evidence. 2)The Recipient has 30daysfr:nthedateofthe transmittal ofthe final audit report to submit written comments and documentary evidence.There will be no extension of this deadline. (3)EDA will review the documentary evidence submitted by the Recipient and notify the Recipient of the resets in an Audit Resolution Determination Letter. The Recipient has 30days from thedateof receipt of the Audit Resolution Determination Letter to submit a written appeal.There will benoextension ofthisdeadline.Theappealsthelast opportunity for the Recipient to submit written comments and documentary evidence that dispute the validity of the auc:resolution determination.In addition,an appeal does not preclude the Recipient's obligation to pay a debt that may be establishednordoesthe appeal preclude the accrual of interest on adebt. (4)EDA will review the Recipients appeal and notify the Recipient of the results in an Appeal Determination Letter..After the opportunity to appeal has expired or after the appeal determination has been rendered,EDA will not accept any further documenta7 evidence from the Recipient.There will be 17 noother administrative appeals available in EDA. F.DEBTS 1.Paymentof Debts Owed the Federal Government Any debts determined to be owed the Federal Government must be paid promptly by the Recipient.Adebt will be considered delinquent if it is not paid within 15 days of theduedate.Failure to pay adebtbythedue date shall result in the imposition of late payment charges as noted below.In addition,failure to pay the debt or establish a repayment agreement by the due date will also result in the referral of the debt for collection action and may result in DoC taking further action as specified in the standard term and condition entitled "Unsatisfactory Performance.M The Recipient may also be suspended or debarred from further Federal financial and non-financial assistance andbenefits,as provided in 15 CFR Part26, "Governmentwide Debarment andSuspension (Nonprocurement)and Governmentwide Requirements for Drug-Free Workplace (Grants)"until the debt has been paid in full or until a repayment agreement has been approved and payments are made in accordance with the agreement.Payment of a oebt may not come from other Federally sponsored programs.Verification that other Federal funds have not been used will bemade during futureprogram visits and audits. 2.Late Payment Charges a.An interest charge wi:i beassessed on the delinquent de:t (over 15 days)as established by the Debt Collection Act of 1982,as amenoed.The minimum annual interest rate tobe assessed isthe Department ofthe Treasury's Current Value of Funds Rate.This rate is published in the Federal Register by the Department of the Treasury.Theassessedrate remains fixed for the oration of the indebtedness. b.A penalty charge will oe assessed on any portion of a de:t that is delinquent for more than 90 days,a though the charge will accrue and ce assessed from the date the debt became delinquent. c.An administrative charge will be assessed to cover processing and handling the amount due. d.State and local governments are not subject to penalty and administrative charges. G.NAME CHECK ATiame check review must be performed by the OIG on key individuals associated with nonprofit organizations,unless an exemption has been authorized by the Inspector 18 General.Both officials of state and local governments and officials of accredited colleges and universities who areactingon behalf of their respective entitiesin applying for assistance are exempt from the name check requirement.In addition,all elected officials of stare and local governments who are serving in ex officio capacities when applying for assistance are exempt. 1.Results of Name Check EDA reserves the right to take any of the actions described in G.2.below if any of the following occurs as aresultofthe name check review: a.Akey individual fails to submit the required form "Identification -Applicant for Funding Assistance"(CD-346). b.Akey individual made an incorrect statement or omitted a material fact on the CD- 346;or c.The name check reveals significant adverse findings that reflect on the business integrity or responsibility of the Recipient a-d/or key individual. 2.Actlon(s)Taken as aResultof Name Check Review If any situation noted in G.1.above occurs,EDA,at its discretion,may take one or moreofthefollowing actions: a.Consioer termination for cause of the award: b.Require the removal of any key individual ~om association with the management of and orimplementationoftheaward;ancor c.Make appropriate provisions or revisions at EDA's discretion with respect to the method ofpaymentand/or financial report-g requirements. H.LOBBYING RESTRICTIONS 1.Statutory Provisions The Reccent must comply with the provisions of Section 319 ofP.L 101-121,which added Section 1352 to Chapter 13 of Title 31 of the United States Code,and DoC implementing regulations published at 15 CFR Part 28,"New Restrictions on Lobbying."These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal government in connection with the award,and require the disclosure of the use of non-Federal funds for lobbying. 2.Disclosure of Lobbying Activities 19 The Recipient receiving inexcessof $100,000 inFederalfunding must submit a completed "Disclosureof Lobbying Activities"(SF-LLL)regarding the use ofnon- Federal funds forlobbying.TheSF-LLL must be submitted within 30 days followingtheendofthe calendar quarter inwhichthereoccursanyevent that requires disclosure or that materiallyaffects the accuracy oftheinformation contained in any disclosure form previously filed.The Recipient must submit the SF- LLLs,including those received from subrecipients,contractors,and subcontractors,to the regional office. An Indian tribe or organization thatis seeking an exclusion fromCertification and Disclosure requirements must provide (preferably inan attorney's opinion)EDAwith the citation of the provisionor provisions of Federal lawuponwhichit relies to conduct lobbyingactivitiesthatwould otherwise be subject tothe above provisions. 3.Subaward,Contract,and Subcontract a.Applicabilityof Award Provisionsto Subrecipients The Recipient must require all subrecipients,includinglowertier subrecipients, under the award to comply with the provisions ofthe award including applicable costprinciples,administrative,and auditrequirements. b.Applicability ofProvisionsto Subawards,Contracts,andSubcontracts (1)The Recipientmustindudethe following notice in each requestfor applications orbids: Applicants/biddersforalowertier covered transaction(exceptfor goods and services under the $100,000 small purchase threshold and wrere the lower tierRecipient will have no critical influenceonorsubstantive control over the award)are subject to 15 CFR Part 26,Subparts AthroughE, Governmentwide Debarment and Suspension (Nonprocurement).In addition, applicants/biddersfora lower tier covered transactionforasubaward, contract,or subcontract greater than $100,000 of Federal fundsat any tier are subject to 15 CFRPart28,"NewRestrictionson Lobbying."Applicants/ bidders should familiarize themselves with these provisions,including the certification requirements.Therefore,applicationsfora lower tier covered transaction mustincludea "Certifications RegardingDebarment,Suspension, Ineligibility and Voluntary Exclusion-LowerTier Covered Transactions and Lobbying"(CD-512)completedwithout modification. (2)The Recipient mustindudea statement in all lower tier covered transactions (subawards,contracts,and subcontracts),thattheawardissubjectto Executive Order 12549,"Debarment and Suspension"and DoC implementing 20 regulations publishedat 15 CFR Part 26,Subparts A through E, "Governmentwide Debarment and Suspension (Nonprocurement)." (3)The Respient mustincludea statement in all lower tiercovered transactions (subawards,contracts,and subcontracts)exceeding $100,000 in Federal funds,thatthe subaward,contract,or subcontract issubjectto Section 319 of Public Law 101-121,which added Section 1352,regarding lobbying restrictions,to Chapter 13 of Title 31 ofthe United States Codeas implemented at 15 CFR Part 28,"New Restrictions on Lobbying."The Recipient must further require the subrecipient,contractor,or subcontractor to submit a completed "Disclosure of Lobbying Activities"(SF-LLL)regarding the useofnon-Federalfunds for lobbying.The SF-LLL mustbe submitted within 15 days following theend of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information containedinany disclosure form previously filed.The SF-LLL mustbesubmittedfromtierto tier until received bytheRecipient.The Recipient must submit all disclosure forms received,including those that report lobbying activity on its own behalf,to the regional office within 30 days following the end of the calendar quarter. I.MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE EDA encourages Redpients to utilize minority and women-owned firms and enterprises in contracts awarded under financial assistance awards.The Minority Business Development Agency will assist Recipients in matching qualified minority and women- owned enterprises with contract opportunities.For further information contact: U.S.Departmentof Commerce Minority Business Development Agency Herbert C.Hoover Building 14th Street and Constitution Avenue,NW Washington,D.C.20230 J.SUBAWARD AND/OR CONTRACTTOA FEDERAL AGENCY 1.The Recipient,subrecipient,contractor,and/or subcontractor must not sub-grant or sub-contract any part of the approved project to any agency of the DoC and'or other Federal department,agency or instrumentality,without the prior written approval of EDA. 2 Requests for approval of such action must be submitted to the regional office which will review and make the final determination with the concurrence of legal counsel of EDA and legal counsel of the other Federal department,agency or instrumentality 21 receiving the subaward and/or contract The Government will notify theRecipientin writingof the final determination. K.PROPERTY MANAGEMENT 1.Standards The Recipient must complywith the pertinent property management standards as stipulated in the applicable uniform administrative requirements,and 13 CFR Part 314.Any inventory listings stipulated under the applicable uniform administrative requirements must be submittedonthe "Report of Government Property in Possession of Contractor"(CD-281).The CD-281 must be submitted in duplicate (an original and one copy)totheregional office. 2.Retention of Title a.The Government determines who retains title toall nonexpendable personal propertyin accordance with 15 CFR Part24or15CFRPart 14 as applicable. Use,management,and disposition ofthe property will bein accordance with the applicablerulesat 15 CFR Part24or14and EDA regulations at 13 CFR Part314. b.Title torealproperty (whether acquired partlyor wholly with Federal funds)will vest with theRecipientsubjecttothe condition that the Recipient uses the real property for the authorized purpose of the project. 3.Disposal of Real Property a.When EDA and theRedpient determine that propertyacquiredor improved in whole orinpart with grant assistance isnolongerneeded for the purpose ofthe original project,the Recipient must obtain prior approval from the Government for theuseofthereal property in other Federalgrant programs,or programs thathave purposesconsistent with those authorized for support by EDA. b.When propertyisno longer required asprovidedabove,the Government determines final disposition and must becompensated by the Recipient for the Federal share ofthevalueofthe property,plus costs andinterest,ascontainedin 13 CFR Part 314.5. 4.EDA's Interest in Award Property a.Recording EDA'sInterestin Property: 22 (1)For projects involving the acquisition,construction cr improvement of a building,the Recipient expressly agrees to declare and furnish to the Government,prior to initial Award disbursement,a lien,covenant or other statement,satisfactory to EDA in form and substance,of EDA's interest in the property acquired or improved in whole or in part with the funds made available under this Award.The statement must specify in yearsthe estimated useful life ofthe project and shall include,but not be limited to disposition,encumbrance,and compensation of Federal share. (2)This lien,covenant or other statement of the Government's interest must be perfected and placed of record in the real property records of the jurisdiction in which the property is located,all in accordance with local law.EDA may require an opinion of counsel for the Recipient to substantiate that the documenthasbeenproperlyrecorded. (3)Facilities in which EDA investment is only a small part of a large project,as determined by EDA,may be exempted from the requirements of this paragraph a.,but the property remains subject to the remaining provisions of section K.4. The Recipient acknowledges that the Government retains an undivided equitable reversionary interest in the property acquired or improved in whole or in part with the funds made available through this Award throughout the useful life (as determined by EDA)of the property,except in those instances listed in 13 CFR 314.7(c). The Recipient agrees that in the event it disposes of,or alienates in any manner any interest In,the property during its useful life,without EDAs written approval, the Government will be entitled to recover the Federal share of the value of the property When during its useful life property is no longer needed for the purpose of the Award,as determined by EDA,EDA may permit its use for other acceptable purposes consistent with those authorized for support by EDA. For purposes of any lien or security interest the amount of the Government's share "shall be the full amount of the EDA Award.However,the Federal share to which the Government is entitled (as stated in paragraph c,above)may be more or less than the Award. »Alienation of Award property includes sale or other conveyance of the Recipient's "interest,leasing or mortgaging the property,or granting an option for any of the foregoing.During the useful life of the property,EDA ordinarily will approve the alienation of Award property without requiring recovery of the Federal share of its value only where such alienation is intended in the original Award,except that EDA may approve mortgaging of the property as provided by regulation (13 CFR Part 314). 23 5.Leasing Restrictions Leasing or renting of the facilities is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or rerjng of the facilities involved in this project will be subject to the following:that said lease arrangement is consistent with the authorized general and special purpose of the Award;that said lease arrangement is for adequate consideration;and that said lease arrangement is consistent with applicable EDA requirements concerning,but not limited to,nondiscrimination and environmental compliance.