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HomeMy WebLinkAboutOrd.1535.05-26-1994 BILL NO. 94-115 ORDINANCE NO. i5•�� AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE U. S. ECONOMIC DEVELOPMENT ADMINISTRATION FOR A TITLE IX SPECIAL ECONOMIC ADJUSTMENT ASSISTANCE PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City hereby formally accepts a grant from the U. S. Economic Development Administration for Special Economic Adjustment Assistance funds for a flood disaster recovery project to elevate South Sprigg Street from Boundary Street to the Cape La Croix Creek bridge. ARTICLE 2 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute all documents necessary to effectuate the grant agreement and the project. A copy of said Agreement, Special Terms and Conditions and General Terms and Conditions, is attached to this ordinance and made a part hereof. ARTICLE 3 . Pursuant to Section 3 . 15 of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. PASSED AND APPROVED THIS , Cl� ��.. DAY OF ��'�Q.� , 19 � `� A. . Sp oling, III Mayor ATTEST: r- , 1 ayl L. Conrad Deputy City Clerk �°F�o �'�� � ��; UNITED STATES DEPARTMENT OF COMMERCE �,. � The Assistant Secretary for Economic Development '�''o�A ��� Washington, D.C. 20230 ,Ea In Reply Refer To: Project No. : 05-19-61055 City of Cape Girardeau 2 � ��R j994 401 Independence Street Cape Girardeau, Missouri 63701 Ladies and Gentlemen: This is to inform you that the Economic Development Administration (EDA) has approved an Economic Adjustment Assistance grant in response to your application for funding under Title IX of the Public Works and Economic Development Act of 1965, as amended. Enclosed are three copies of the Approval and Award of Grant, Special Terms and Conditions, and General Terms and Conditions, all of which govern the performance of the approved grant program. Any modification or other change in the approved program must have the prior written approval of EDA. If the provisions of this grant are acceptable, please sign two copies of the Approval and Award of Grant and attach a copy of the Special Terms and Conditions and the General Terms and Conditions to each. Return a full set of documents, properly executed, to the Director, Economic Adjustment Division, Economic Development Administration, U. S. Department of Commerce, 14th Street and Constitution Avenue, N.W. , Room 7327, Washington, D.C. 20230, and one to the Grant Administrator cited in the Special Terms and Conditions. These documents must be returned to EDA within forty-five (45) days of grant approval. The third set is for your files. You are cautioned not to make any commitments in reliance on this grant until you have carefully reviewed the Special Terms and Conditions and General Terms and Conditions and have determined that you are in compliance or an comply with them. Sin ely, ` Wil iam W. Gi sber Assistant Sec tar for Economic Development Enclosures RECEiVED D4VISIQN OF PLANNING SERUICES DATE s-��-��1 BY -,s; U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Approval and Award of Grant for Sudden and Severe Economic Dislocation Implementation Project No. 05-19-61055 The Assistant Secretary of Commerce for Economic Development, acting pursuant to the authority provided by Title IX, Section 903, of the amended Public Works and Economic Development Act of 1965 (Act) , hereby approves and awards to the City of Cape Girardeau, Missouri (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 implementing a comprehensive economic adjustment program to address an actual or threatened economic dislocation or other adjustment problem for the area (s) . 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 $425, 750 or seventy-five (75) 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. The Grantee agrees to execute the work in accordance with the approved application to the extent encompassed by this award. 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 termi- nated 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. � N � I Dated y da of � 1994 . . ♦ Willia W. Ginsberg Assistant Secretary for Economic Development -a- The Grantee hereby affirms that it intends to use.-the grant award in accordance with the terms and conditions as above referenced. Dated this day of , 1994 . Citv of Cape Girardeau Missouri Name of Grantee By� City Manager (Signature and Printed Name) (Title of Affirming Official) J . Ronald Fischer CERTIFICATION (By Official Other Than Affirming Official) The person signing this affirmation is so authorized by the Governing Body or Board of Grantee. Deputy City Clerk (Signature) (Title of Certifying Official) Gavle L. Conrad (Printed Name) (Date) U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION SPECIAL TERMS AND CONDITIONS For Econvmic Adjustment Assistance Grant under Title IX, Section 903 of the Public Works and Economic Development Act of 1965, as amended. Project No. 05-19-61055 TITLE: Title IX Sudden and Severe Economic Dislocation Implementation Grant GRANTEE: City of Cape Girardeau, Cape Girardeau County, Missouri GRANT ADMINISTRATOR: Steven R. Brennen, Regional Director Denver Regional Office U. S. Department of Commerce Economic Development Administration 1244 Speer Boulevard Room 670 Denver, Colorado 80204 I. TOTAL AUTHORIZED BUDGET: Federal Cash Contribution: $425,750 Grantee Contribution: 141,920 Total Authorized Budget: $567 670 Project No. 05-19-61055 SPECIAL CONDITIONS City of Cape Girardeau, Missouri Page 2 of 7 II . DETAILED BUDGET CATEGORIES Federal Grantee RudgPt �atPgQYIP_� �a�h �ach Tntal 1. Administrative and $ 375 $ 125 $ 500 Legal expenses 2 . Land, structures, 90, 750 30, 250 121, 000 rights-of-way, etc. 3 . Relocation expenses, 12 , 660 4 , 220 16, 880 and payments 4 . . Architectural and 21, 750 7, 250 29 , 000 engineering Fees 4 . Other architectural 1, 875 625 2 , 500 and engineering fees 5. Project Inspection Fees 10, 125 3 , 375 13 , 500 6. Construction 251, 015 83, 675 334 , 690 7 . Contingencies '�� , �n� i � � 4(ln a9 , tin0 TOTAL AUTHORIZED BUDGET $425, 750 $141, 920 $567, 670 Project No. 05-19-61055 SPECIAL CONDITIONS City of Cape Girardeau, Missouri Page 3 of 7 '" III . ADDITIONAL TERMS A. PROJECT DEVELOPMENT TIME SCHEDULE: The Grantee agrees to the following project development time schedule: Time allowed after Grantee affirmation of grant award for: Start of Construction. . . . . . . . . . . . . . . . . . . . . . . . . 355 days Construction Period. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 months Project Closeout - Al1 project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than ninety days. after the date the Grantee accepts the completed project from the contractor(s) . �The Grantee shall pursue diligently the development of the project so as to ensure completion of the project and submission of closeout documents within this time schedule. Moreover, the Grantee shall notify the Government in writing of any event which could delay substantially the achievement of the project within prescribed time limits. The Grantee further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the grant in accordance with the regulations set forth at 13 CFR 305 . 99 (b) and 15 CFR 24 . 43 (53 Fed. Reg. 8048-9 , 8102 , March 11, 1988) . B. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor requirements set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10, 000. The Grantee shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of this project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4 . The goal for the participation of women in each trade area shall be as follows: From April 1, 1981, until further notice: 6 . 9 percent Al1 changes to this goal, as published in the Federal Reqister in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4 . 6 , or any Project No. 05-19-61055 SPECIAL CONDITIONS City of Cape Girardeau, Missouri Page 4 of 7 other successor regulations, shall hereafter be incorporated by reference into these Special Terms and Conditions. Goals for minority participation shall be as prescribe by Appendix B-80, Federal Register, Volume 45, No. 194 , October 3 , 1980, or subsequent publications. The Grantee shall include the "Standard Federal Equal Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts of this project. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4 . 6 . C. DRUG-FREE WORKPLACE ACT: The Grantee understands that it is subject to the Drug-Free Workplace Act of 1988 , P.L. 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. Req. 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 "Certification Regarding Lobbying" and, if applicable, a "Disclosure of Lobbying Activities" form regarding the use of any nonfederal funds for lobbying. Project No. 05-19-61055 �PECIAL CONDITIONS City of Cape Gir.ardeau, Missouri Page 5 of 7 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. DISCLOSURE OF FEDERAL PARTICIPATION: No amount of this award shall be used to finance the acquisition of goods or services (including construction services) for the project unless the Recipient agrees to: (a) specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (b) express the amount announced pursuant to paragraph (a) as a percentage of the total cost of the planned acquisition. The foregoing requirements shall not apply to a procurement for goods or services (including construction services) that has an aggregate value of less than $500, 000 . G. NONRELOCATION - AREAWIDE UTILITY SYSTEM-INDUSTRIAL SITE: It has been determined that the proposed Project facilities involve the construction of an areawide utility system. Project No. 05-19-61055 SPECIAL CONDITIONS Gity of Cape Girdrdeau, Missouri Page 6 of 7 Also, it has been determined that the said areawide utility system has the purpose of permitting specific industrial property to be developed. The Grantee acknowledges its responsibility for determining that (1) employers, regardless of location, that use or are projected to use greater than ten percent (10%) of the increased capacity of the areawide utility system provided by this Project, and (2) all employers located or locating within the following Project boundaries, Project Boundaries: A 287 .5 acre tract of land in U. S. Private Survey 2202 , Township 30 North, Range 14 East of the Fifth Principal Meridian, as referenced on Page 342 of Book 547 in the office of the Cape Girardeau County Recorder of Deeds. are in compliance with EDA's Nonrelocation Regulation as set forth in 13 CFR 309.3 . These nonrelocation restrictions are in effect for the forty-eight (48) month period following Award approval. H. PROHIBITION OF ATTORNEYS' AND CONSULTANTS' FEES: The Grantee hereby agrees that no funds made available from this Award shall be used, directly or indirectly, for paying attorneys' or consultants' fees in connection with securing awards made by the Government, such as, for example, preparing the application for this assistance. However, attorneys' or consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible Project costs and may be paid out of the funds made available from this Award, provided such costs are otherwise eligible. I . GRANTEE AFFIRMATION OF AWARD: This Approval and Award of Grant, subject to the other Special Conditions and the General Terms and Conditions, shall constitute an obligation to make such Award. If the Grantee fails to affirm its intention to use the Award in accordance with the terms and conditions of this Approval and Award of Grant, it will be terminated without further cause. By signing and returning one of the original Approval and Award of Grant documents within 45 calendar days from the date of approval by the Assistant Secretary, the Grantee hereby affirms that it intends to use the Award in accordance with the terms and conditions as above- referenced. Project No. 05-19-61055 SPECIAL CONDITIONS City of Cape Girardeau, Missouri Page 7 of 7 J. EXPIRATION OF AVAILABILITY OF GRANT FUNDS: This Award is subject to Public Law 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 from the fiscal year of the grant award. This requires that the Project be physically and financially complete by September 30, 1999 . K. ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the Recipient shall submit to the Government for approval an architect/engineer agreement that meets the requirements of Section I of the EDA publication, "Requirements for Approved Projects, " as well as the competitive procurement standards of Department of Commerce Regulations at 15 CFR 24 . 36 or OMB Circular A-110, as applicable. The fee for basic architect/enqineering services shall be a lump sum or an agreed maximum and no part of the fees for other services shall be based on a cost-plus-a-percentage-of-cost or a cost using a multiplier. L. TITLE: Prior to the disbursement of funds by EDA, the Recipient shall provide evidence satisfactory to the Government that the Recipient has acquired good and merchantable title, free of all mortgages or other foreclosable liens, to all land, rights-of-way and easements necessary for the completion of the project. ADDENDUM to General Terms and Conditions dated March Y987, as revised 5/20/91 Indemnification General Condition The Recipient agrees to indemnify and hold the Government harmless from and against all liabilities that the Government may incur as a result of providing an award to assist, directly or indirectly, with the preparation of the project site or construction, renovation, or repair of any facility on the project site, to the extent that such liabilities are incurred � because of toxic or hazardous contamination of groundwater, surface, soil, or other conditions caused by operations of the Recipient or any of its predecessors on the property. February 4 , 1994 U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION • GENERAL TERMS AND CONDITIONS FOR CONSTRUCTION COMPONENTS OF TITLE IX IMPLEMENTATION GRANTS March 1987 Page 21 revised 5/20/91 , per 56 FR 15992-15998 , 4/19/91 - I ' � For the purpose of these General Terms and Conditions , (a ) the ' term "Government" refers to the Economic Development Administra- tion ; (b) the term "Assistent Secretary" refers to the Assistant Secretary of Commerce for £conomic Development ; and, (c) the term "Grantee" refers to the undersigned recipient of Governmental funds under the agreement to which this is an attachment made a part thereof. The work , the facilities and/or the property, real or personal, which is financed Wholly or in part by the Government hereby will be referred to as " the Project. " The Public works and Economic Development Act of 1965 , and its amendments are hereinafter referred to as P. L. 89-136, as amended. Some of the terms and co'nditions herein contain by reference or substance a summary of the pertinent statute or regulations published in the Code_ of Federal Requlations . To the extent that it is a summary, such term or condition is not in derogation of, or an amendment to, the statute or regulation . All statutes or regulations whether or not referenced herein are to be applied as amended on the date they are administered . A. Statutory Requirements The Government shall be under no obligation to disburse funds unless the Grantee is in compliance with the following requirements : 1. The Grantee shall comply, and require each of its contractors and 6ubcontractors employed in the completion of the project to comply with all applicable Federal , State , Territorial; and local laws , and in particular the following Federal laws and regulations issued thereunder : a , The Davis-Bacon Act , as amended (40 USC 276a (5) ; (42 USC 3222 , as amended) ) b. The Contract Work Hours Standards Act , as amended (40 USC 327-332) ; c. The Copeland "Anti-Kickback" Act , as amended . (40 USC 275 (�) ; 18 USC 879) ; d . Title VI of the Civil Rights Act of 1964 , as amended (92 USC 2000d-2000d-4 ) and Executive Orders 11114 , 11246 , and 11375 , and specifically the following : . � ' The Grantee vill incorporate or cause to be incorporate� into ' any contract for construction work , or modification 'thereof , as define� in the rules and regulations of the Presi�ent ' 6 Committee on Equal Opportunity , ,ahich is paid for in whole or in part with funds obta �ned from the Federal Government or borrower on the credit of the Federal Government pursuant to a grant , contcact, loan , insurance or guaranteP , or undertaken pursuant to any Federal proqram involving such grant � contract , loan , insurance or guarantee , the following equal opportunity clause : "D�ring the performance of this contract , the contractor agrees as follows : . ( 1 ) The contractor will not discriminate against any employee or Applicant for employment because of race , color , religion , sex , or national origin . The ' contractor will take affirmative action to ensure that applicants are employed , and that employees are treated during employment, without regard to their race , color , religion , sex or national origin . Such action shall inciude , but not be limited to the following: emp�oyment, upgrading , demotion , or transfer ; recruitment or recruitment advertising ; layofr or termination ; rates of pay or other forms of compensation � and selection for training , including apprenticeship. The contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nandiscrimination clause . (2? The co�tractor Will , in all solicit�tions or a�vertisement^ for employees placed by or on behalf of the cor.tractor , state that all qualified applicants will receive consid�ration for employment without regard to race , col�r , religion , sex or na�ienal origin . , (3 ) The cor,tractor will send to each labar union or representative of workers with which he has a collective bargaining agreement or o�her contract of understanding , a notice to be proviaed by the agency contrac�ing office: , advising the Iaboz ur, ion or workers ' representative of the contractor ' s commitment under Section 2f?2 of Executive Order ho . 11245 of September 24 , 196� , and shall post copies of the notices in conspxcuous places available to employees and applicants for employment. . ,, _ 3 _ (�1 ) The contractor Will comply with all provisions of rxecutive �rder N�. 11246 of S�ptember 24 , 1965 , an�3 of tt�e rules , regulations , and rnlevant orders , and amendments of the foregoing � of the Secretary of Labor . (5 ) The contractor will furnish all information �nc� reports required by Executive Or�3er No . t12�6 of Se�tember 24 , 1965 , and by the rul�s , regulations an�i orders , an� amen�ments of the Eoregoin� , of the Secretary of Labor , and will permit access to his books . records , and accounts by the Government and the Secretary of Lahor for purposes oE investigation to �ascertain compliance with such rules , regulations an� ocders . � (6) In the event of the contractor ' s non- compliance with the nondiscrimination clauses of this contract or with any of such rules , regulations , or vrders , this contract may be cancelled , terminated or suspended in whole or in part an� the contractor may be declared ineligible for further G�vernment contracts in accordance with proce�3ures authorized in �xecutive Order No. 11246 of September 24 , 1965 , and . such other sanctions may be imposed and remec3ies invokec3 as pro�ided in Executive Order No . 11246 of S�PtemSer 24 , 1955 , or �y rules , regulations , orders , and amendments of the foregoing , of the Secretary �f Labor , or as otherWise provide9 hy law . (7) The contractor Will inclu�e th� provisions of raragraph (1) throuq`� (G) in every subcontract �r purchase order untess ex�mpte� by rules , regulatio�s , �r o=ders of the Secreta:y of Labor issued pursuant to Secti�� 204 of Executive Order No. 11246 of Septem5er 24 , 1�365 , so tl�at such provisions Wil.l 5� binding upon each su'�contractor or vendor . The contractor �oill taye su:h action M�ith rPsppct to any subcontract or purchase order as the Government may �7irect as a m�ans of enforcing suc!� �rovi� ions including sanctions for noncompliance : Pr�vided , hoWever , that in the event that the contr.�ctor becomes involv�d in , �r is threatene� with , li �igation ��ith a subcontractor or vendor as a r�sult of such direction by the G��ernment , the contractor may reques� the Unit��3 Stat�s �o en�er into sucl� litigation to protect �he inte:est of �he United States . " . � � . - 4 - The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted (construction) work : Provi'ded that if the Grantee so participating is a State or local government; the above equal opportunity clause is not applicable to any agency , instrumentality or ' subdivision of such government Which does not participate in aork on or under the contract. The Grantee agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of � contractors and subcontractors with the equal opportunity clause and the rules , regulations, and relevant orders of the Government that it will furnish the Government such information as they may require ' for the supervision of such compliance , and that it will otherwise assist the Government in the discharge of its primary responsibility for securing compliance . The Grantee further agrees that it will refrain from ' entering into any contract or contcact modification subject to Executive Order 11246 of September 29 , 1965 , with a contractor debarred from, ot who has not demonstrated eligibility for , Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation cf the Equal Opportunity clause as may be imposed upon contractors and . subcontractors by the administering agency� or the Secretary of Labor pursuant to Part ZI , Subpart D af the Executive Order . In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings the Government may take any or all of the following actions : cancel , terminate , or suspend in whole or in part this grant; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future � compliance has been received from such Grantee ; and refer the case to the Department of Justice for appropriate legal proceedings. e . Prior to advertising for bids on the construction of the Project , the Grantee will submit a "Certifi- cation of Nonsegregated Facilities " as requiced by the . - 5 - May 9 , 1967 , order ( 32 F. R. 7439 , May 19 , •-1967) on Elimination of Segregated Facilities, by the Secretary of Labor , agreeing to provide prospective construction contractors on the Project with the following notice : "NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS . A certification of Nonsegregated Facilities , as required by the May 9 , 1967 , order (32 F. R. 7439 , May 19 , 1967) on Elimination of Segregated Facilities by the Secretary, of Labor , must be submitted prior to the award of a Federally assisted construction contract exceeding 510 ,000 which is not exempt from the pro�isions of the Equal Opportunity clause . � Contractors receiving Federal assisted construction contract aWards exceedinq �10 ,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed 510 ,000 and are not exempt from the provisions of the Equal Opportunity clause : NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREN�ENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A certification of Nonsegregated Facilities , as required by the May 9 , 1967 , order (32 F.R. 7439 , May 19 , 1967) on Elimination of Segregated Facilities by the Secretary of Labor , must be submitted prior to the award of a subcontract exceeding 510 ,000 which is not exempt from the provisions of the Equal Opportunity clause . Contractors receiving subcontract awards exceeding �10 ,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to • provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed �10 , 000 and are not exempt from the provisions of the Equal Opportunit� clause. " � � ! ' - 6 - f. If the Project includes sewer or other r+aste disposal facilities, no Government funds Will be disbursed unless the Environmental Protection Agency issues a certificate as required by Section 106 , P. L. 89-136 . g. The Grantee shall file the certification and aqreements required by Section 711 , P. L. 89-136, as amended , 13 CFR 309 . 7 , as amended. h . Public Law 90-480 , as amended, and the � rpgulations i'ssued thereunder (13 CFR 309 .14) , pre_scribing standards for the design and construction of any building or facility intended to be accessible to the public or which may result in the employment of handicapped persons therein. i . No person in the United States shall on the ground of sex be excluded from participating in, be denied the benefits of, or be otherwise subject to discrimination in connection with this Project (Section 112 of P. L. 92-65 , amended ; 13 CFR Part 311) . j . Pursuant to Section 504 of the Rehabilitation Act of 1973 , the 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 regula- � tion protects the rights of handicapped persons and establishes a mandate to end discrimination. � � k . The Grantee hereby covenants and agrees to be bound by Title 15 CFR Subtitle A, Part 8 (Non- Discrimination in Federally Assisted Programs , U. S . Department of Commerce) , as amended, and by Title 13 CFR Part 311 . ' 1. Age Discrimination Act: The Grantee agrees to abide by the regulation of the Department� of CommQrce 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 . � - � - � m. The Grantee hereby agrees that no funds made available from this grant shall be used , directly or indirectly , for paying attorneys ' or consultants ' fees in con�nection with securing grants made by EDA, such as , for example , prepar.ing the application for this assistznce . However , attorneys ' and consultants ' fees incurred for meeting grant requirements s�ch as , for example ► conducting a title search , or preparing plans and specifications , may be eligible project costs and may be paid out of' Eunds made available from this grant provided such costs are otherwise eligible . n. The Grantee agrees to comply with the requirements of the Uniform Relocation Assistance and Real �roperty �Acquisition Policies Act of 1970 , P .L. 91-646 � as amended (42 U. S . C. 4601 , et seq. ) ; and 49 CFR Part 24, o . ;he Grantee agrees to comply, and require each of its contractors and subcontractors to comply aith all applicable standards , orders , or regulations issued pursuant to the Clean Air Act, as amended (42 USC 1857) and Executive Order 11738 ; and the � - Federal Water Pollution Control Act, as amended ( 33 USC 1251 ) , and to report all violations thereof to the Environmental Protection Agency and to EDA and specifically to comply With the following : • • (1 ) For� the purpose of this paragraph , the o following definitions apply: • , (a) The .term "Recipient" means the Grantee . (b) The term "facility" mear�s (a) any building , plant , installation , structure , mine , vessel or other floating craft , location or site of operations (b) ovned , leased, or supervised (c) by the Recipient or its contractors and the latter ' s ' subcontractors ( d) for the constcuction , supply and service contracts entered into by the Recipient foc the purpose of accomplishing this Project. (2 ) The R�cipient agrees to comply with Fedetal clean air and Water standards during the accomplishment of this Project and specifically agcees to the following : Page Revision 8-1-90 . , � ) • - B - (a ) that any facility to be utilized in the accomplishment of this Project is not listed on the Environmental Protection Agency ' s (EPA) List Of Violating Facilities pursuant to 40 CFR, Part �15 . 20 ; (b) That in the event a facility utilized in the accomplishment of this Project becomes listed on the EPA List , the Government may , inter alia , cancel , terminate for default, or suspend for such failure , in whole or in part, the agreement; (c) �hat it will comply with all the • requ-irements of Section 114 of the Clean Air Act and ' Section 308 of the Fedetal Water Pollution Control Act relating to inspection , monitoring , entry , reports , and inform3tion, as well as all other requirements ' specified in Section 114 and Section 308 , respectively , and all regulations and guidelines issued thereunder ; (d ) that it will promptly notify the Government of the receipt of any notice from the Director , Office of Federal Activities , Environmental Protection Agency, indicating that any facilities utilized or to be utilized in the accomplishment of tris Project is under consideration for listing on the E?A List of Violating Facilities . (e) that it will insert in any of its ccrtracts and require insertion in subcontracts en�eced into for the purpose of accomplishing this P:o�ect , unless otherwise exempted pursuant to the EFA rngulations implementing the Air or Water Act (40 CFF, Part 15 . 5) , provisions which shall include the cc� �eria and requirements set forth in this paragraph , inciu�ing this subparagraph (e) ; ( f; that in the event thafi either the Recipient or its contractors or the latters ' subcontractors for the construction, supply and , service contacts ent�red into by the Reeipient for the purFose oF accemplishing this Project were exerrpted fro;� complying with the above subparagraphs under the provisions of 40 CFR, Part 15. 5 ( a) , the exemption shall be nul:��fied should the facility give rise t� a crimina� conviction (See 40 CFR , Part 15. 20) during • - 9 - the accomplishment of this Project . Furthermore , with the nullification of the exemption , the above sub- paragraphs shall be effective. The Recipient shall notify the Government, as soon as the Recipient ' s , its contractors ' or the latters ' subcontractor ' s facility is listed for having given rise to a criminal conviction noted in 40 CFR, Part 15 . 20. . p . The Grantee hereby agrees to comply with the requirements of all pertinent cules and regulations issued under and pursuant to the National Environ- mental Policy Act of 1969 (P. L. 90-190) ; the National Nistoric Preservation Act of 1966 (80 Stat. 915 , 16 USC 470) J Executive Order No . 11593 of May 31 , 1971 ; and the Wild and Scenic Rivers Act (P. L. 90-542) , as amended. q. The Project will not cause or be a hazard as a result of flood as required by Executive Order 11296 . The Grantee will fulfill any flood insurance require- ments under the Flood Disaster Protection Act of 1973 (P. L. 93-234 , 87 Stat. 975) , as amended, and any regulations issued thereunder by the U. S. Department of Housing and Urban Development and/or the Economic Development Administration (13 CFR 309 . 15) . r . The Project shall not include any facilities for the generation, transmission or distcibution of electrical energy or the production or transmission of gas (natural, manufactured or mixed) . s . The Grantee warrants that the Project will be properly and efficiently administered, operated and maintained as required by Section 604 , P. L. 89-136 . Prior to construction completion, the Grantee shall submit evidence satisfactory to the Government that s�fficient funds are available for requi6ite capital expenditures necessary to commence operations and to administer , operate and maintain the Project for its useful life . � • 2 . If compliance with any of the provisions of this Agree- ment would require the Grantee to violate any appli- cable Federal , State or Territorial law , the Grantee shall , as soon as possible , notify the Government, in 1 / � � _ 10 _ writing so that nppropriate action may be taken by the Government to allow, if possible , the Grantee to proceed as soon as possible with construction of the project. ' 3 . The e�nployment of all laborers and mechanics , including apprentices and trainees , as defined in Parts 3 , 5 , and Sa , Subtitle A, Title 29 , Code of Federal Regulations , as amended, shall be applicable to every invitation for bids , and to every negotiation , request for proposals , or request for quotations, for construction contracts and to every such contract entered into on the basis of such invitation or ' negotiation. Part Sa. 3 , Subtitle A, Title 29 , Code of Federal Regulations shall constitute the conditions of each contract in excess of $10 , 000 , and each Grantee and contractor shall include these conditions or provide for their inclusion, in each such contract. Parts Sa. 4 , Sa. 5, Sa. 6, and Sa. 7 shall also be included in each such contract for the information of the contractor . Apprentices and trainees shall be hired in accordance with the require- ments of Part Sa . B. GENERAL REQUIREMENTS 1. Prior to any solicitation of bids for construction work or whenever and so often as the Government requests: a. The Government may require the Grantee to obtain in addition to any other steps required by the Agtee- ment, approval by the Government of (i ) its final plans and specifications and (ii) the bidding proce- dures for all construction work and fcr all material and equipment acquisitions . b. The Government may require the Grantee to furnish evidence satisfactory to the Government that : . (1) the Project costs are reasonable ; (2) it has sufficient funds in addition to the funds provided by the Govetnment to complete the Project� including interim financing , if any ; � � - 11 - (3) i t has obtained , or can obtain , all land , rights-of-way , permits, franchises and all Pederal , State and local coordinations and approvals necessary to the completion of the Project, and in all other respects has complied with pertinent Federal , State or local laws ; and , t4 ) its agreement with an architect/engineer for design and other services specifies a fixed or maximum fee for Basic Services . Basic Services are described in the booklet, Requirements for Approved Ptojects , issued to all Grantees . 2 . Grantee expressly agrees to grant to EDA a first � priority unsubordinated lien against, or security interest in, the property acquired or improved in whole or in part with the funds made available through � this Award and Approval of Grant . This lien or security interest must be perfected in �ccordance r+ith local law. EDA will, in its sole discretion , determine whether the lien or security interest which has been granted to EDA is satisfactory, and it may require an opinion of counsel for the Grantee to substantiate that the lien or security interest has been properly recorded. The Grantee further agrees that in the event that it alienates in any manner , any interest in the real property acquired or improved with EDA grant funds , EDA shall be entitled to recover damages . EDA ' s requlation at 13 CFR 5314 . 4 provides that upon disposition of property acquired or improved with EDA grant funds , ED'A shall be entitled to a recovery based upon the ratio of the percentage of EDA ' s participation in the total cost of the project to the fair market value of the property at the time of the disposition . For the purposes of the lien, the amount of EDA' s damages shall be the full amount of EDA's grant, plus interest from the date of the � disposition . This lien must remain in effect through the useful life of the project as defined in 13 CFR �314 . 6 (a) . Alienation shall include, but not be limited to sale , lease , rent, option or mortgage . 3 . The Grantee shall perform all construction work and make all material , equipment, and any other property acquisitions by contracts or documents for which prior approval by the Government may be required. � � 1 . � - �z - 4 . The Grantee and Grantor shall accept an� apply the standar�3s and provisions , as applicable , set forth in Office of Management and Bu�get Circular No. A-102 , Revised (OMB Circular No. A-102) , "Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments , " and OBM Circular No. A-110, "Uniform Administrative Requirements : Grants and Agreements with Institutions of Higher Education , Hospitals and Other Nonprofit Organizations" . In the event of conflict betaeen the above OMB Circulars an� enabling legislation , the latter shall prevail . 5 . In accordance with OMB Circulnr No. A-102 , Attach- ment B, or OHB Circular No. A-110, Attachment B, the Grantee shall folloW its own requirements relating to bid guarantees , performance bonds , and payment bonds unless the construction contract cr subcontract exceeds �100, 000 . For those contracts or subcontracts exceeding 5100, 000, the Federal agency may accept the bonding policy and requirements of the Grantee provided the Federal agency has made a determination that the Government 's interest is adequately protected . If such a determination has not been made , the minimum requirements shall be as follows: a . A bid guarantee from each bidder equivalent to five percent of the bid price . The "bid guarantee" shall consist of a firm commitment such ns a bid bond , certified check , or other negotiable instrument accompanying a bid as assurance that the bidder Will , upon acceptance of his bid , execute such contractual documents as may be required within the time specified . b. A performance bond on the part of the contractor � for 100 percent of the contract price . A "performance bpnd " is one executed in connection with a contract to secure fulfillment of all the contractor ' s obligations under such contract . c. A payment bond on the part of the contractor for 100 percent of the contract price . A "payment bond" is one executed in connection With a contract to assure payment as required by law of all persons supplying labor an� material in the execution of the work provided for in the contract. � - 13 - 6 . The Grantee agrees that it will not► Without the prior written consent of the Government , order or permit any change in the final plans and specifications which would entail any substantial variance in the Project , or increase the cost thereof . 7 . The Grantee shall provide and maintain on its behaif competent and adequate architectural or engineering services to design and 6upervise the development and construction of the Project . 8 . The Grantee sha'll establish a Project bank account or accounts satisfactory to the Government, into which shall be deposited funds for the financing of the Project. Disbursements from the Project bank account (s) shall be for the purposes and within the amounts for each line item in the epproved project budget except as otherwise specifically authorized by the Government. The Government teserves the right to require the pr•ior approval of disbursements from the Project bank account. (Not applicable to State or local Governments . ) 9 . The Grantee shall cause to be erected at the site of the Project, and maintained during construction, signs satisfactory to the Government identifying the Project and indicating the fact that the Government is participating in the development of the Project. 10 . The Grantee agrees that it will not without the prior written consent of the Government, order or permit the total incurred cost to exceed any of the line items in the cost estimates approved by the Government for the Project. 11. The Grantee shall include in all contracts and subcontracts, in language acceptable to the Government, provisions requiring the maximum feasible employment of local labor for work which is or reasonably may be done as on-site Work and shall take reasonable steps to assure continuing compliance with such contract provisions . � . . � � � 1 � - �4 - 12 . The Grantee 6ha11 establish , maintain and preserve , and require each of its contractors and subcontractors to esteblish , maintain and preserve propecty � management, project performance , financial man'agement and reporting documents and systems , and such other books , records , and other data pertinent to the Project as the Government may require. While svch records shall be retained for a period of three years following receipt of final payment by the Grantee , detailed exceptians are stated in 13 CFR 309 . 9 . 13 . The Grantee shall require that each of its contractors . and subcontractors render to the Government and the � General Accounting Office the right to inspect and monitor all work , materials , payrolls , records and personnel , invoices and other relevant data nnd � records pertaining to the development and construction of the Project. 14 . The Grantee covenants that each of its officials or employees having custody of the Project funds during acquisition , construction , development and operation shall be bonded at all times in an amount at least equal to the total funds in his custody at any one time; provided that if the Grantee is a State or local unit of Government , the Bond shall be in such amount as normally required by such body . 15 . :he Grantee shall carry insurance , and require each contractor and subcontractor to carry insurance , ai suct-� types and in such amounts as the Government may specify, with insurance carriers acceptable to the Government; provided that if the Grantee is a State or local unit of Government the insUrance requiremerts r.ormally required by the State or local units of Government will prevail . 16 . The Government reserves the right to require the Grantee to submit, prior to the commencement of construction , an independent appraisal or appraisals by an appraiser or appraisers acceptable to the Government of the current fair market value of any or all of the land and facilities (including buildings , machinery and equipment) to be included as part of the aggregate cost of the Project . I � � � � - 15 - , 17 . The Government reserves the right to suspend the grant , and withhold further payments , or prohibit the Grantee from incutring additional obligations , pending c�crective action by the Grantee or a decision by the Govecnment to terminate the grant unless the Project is completed to the satisfaction of the Government. 18 . Costs for interest during the construction peciod shall not include any interest on borrowed funds in • excess of the .amount needed to pay current Project cos ts . • 19 . Funds xill be made available by way of a check draxn on the United States Treasury in accordance with all provisions of the grant and all applicablc requirements of the U. S. Government including particularly, but not limited to � OMB Circular No. A-102 � Revised or OMD Circular No. A-110 and OMB Circular No. A-87 . The Grantee agrees to request a Treasury Check only to meet actual immediate disbursement necds . Immediate disbursement needs are determined as of the latest practical point for the Grantee ' s payment of eligible costs . 20 . Disbursement of funds by the Government, does not constitute its acceptiance of any items • as an eligible Project cost until all Project costs have been audited and determined to be reasonable by. the Government. 21. If the actual costs of the Project are- less than the estimated cos ts , the grant will be reduced to the extent necessary to comply With the percentage limitation set forth in the Gtant Agreenent. 22 . The Grant Administrator (GRA) , ae named inr the Special Terms and Conditions , is responsible •foc the administration of the grant and liaison r�ith the Grantee . 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 the Grant Award and Terms and Conditions , including the approval of any and all reports and such Page Reyision 6/13/90 - ) � , , - 16 - other specific responsibilities as are stipulated in various terms of the grant . The GRA is not authorized to make any commitments , otherwise obligate the Government , or authorize any changes that affect the grant amount , terms or conditions . Such changes shall be made only with the expressed prior authorization of the Assistant Secretary for Economic Development , or his designated representative , to be accomplished by a written Approval and Award of Grant Amen9ment. 23 . The Grantee shall aubmit annual reports for each year that the assistance continues commencing the date this • Award is accepted and for one (1) year thereafter indicating the atatus of all activities funded by the grant ; the costs incurred for each completed and/or partially completed activity, and any operational costs of activitiesr the degree to which the activities have achieved theic goals ; and the overall effectiveness of the economic assistance provided in meeting the adjustment needs of the area . These reports shall be in accordance with the requirements of Attachments A and I of OMB Circular No. A-102 , as amended. Reports ehall be submitted to the GR.A at the address shown on page one of the Special Terms and Conditions . An information copy of all reports shall also be submitted to the Director, Economic Adjustment Division , Economic Development Administration, U. S. Department of Commerce , HCAB 7327 . 14th and Constitution Avenue, N. W. , Washington , D. C. 20230. In addition , the Grantee agrees to inform the Government if events occur Which have a significant impact upon the Project, whether positive or negative � ' in nature . 24 . A. The Government shnll have the right to terminate for cause all or any part of its obligation hereunder if : . (1 ) Any representation made by the Grantee to the Government in connection with the applic3tion for Government assistance shall be incorrect or incomplete in any material respect . (2 ) The Grantee fails to comply with the essential condition of this Agreement, or that it shall not diligently pursue the development of this � - 17 - Project to ensure completion . It is expressly understood and agreed that the Grantee shall notify the Regional Director in the event delays occur which substantially affect the accomplishment of the Project. (3) The intent and purpose of the Project is changed substantially so as to significantly affect the accomplishment of the Project as intended. (4) The Grantee has violated commitments made hy , it in its application and supporting documents or hes violated any of the terms or conditions of this Agreement. � (S) Any official , employee , architect, attorney , engineer or inspector of or for the Grantee or any Federal , State or local officia7, or tepresentative, becomes directly or indirectly interested financially in 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 with the Project, or in any benefit arising therefrom . (6) The Grantee fails to report immediately to the Government any change of authorized representa- tive (s) acting in lieu of or in behalf of the Grantee . 25 . B . The obligations hereunder may be terminated for convenience if: (1) Both the Grantee and the Government agree that continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds . (2) Both the Grantee and the Government shall agree upon the termination conditions , including the effective date and , in the case of partial ' terminations , the portion to be terminated. . • (3) The Grantee agrees to incur no new obligations for the terminated portion after the effective date and to cancel or satisfy all outstanding obligations as of that date . � . � � 1 . . � - 18 - � 26 . Prior to disbursement of any funds by the Government 'pursuant to this Awacd , the Grantee will arrange to have all facilities provided in this Project, which are financed in whole or in part by Fedecal fu'nds , covered by a covenant or covenants running with the land on which the facilities are located, binding on successors or transferees or assignees , guaranteeing that those facilities will provide service without discrimination to all persons without cegard to their race , color , religion, sex or national origin. 27 . The Grantee a'grees to comply with the provisions of 13 CFR Part 314 on property management and any amendments thereto, and with any requirements imposed by or pursuant to circulars issued by OMB and any amendments thereto . 28 . If the Prcject includes a water supply system and/or water facilities, no construction shall be commenced until it has been established to the satisfaction of the Government that the quality and quantity of Water available to the Project is sufficient for the puzposes of the Project; provided, however , that if the quality and quantity of water available cannot be determined without the construction of part of the Project, the Government may authorize the construction of such part prior to authorizing construction of the remainder of the Project. ', 29 . The Grantee hereby covenants that in the event it is authorized by the Government to lease any facilities ' constructed as part of this Project to concessionaires , or operators , it will obtain from such concession- aire (s ) or operator (s) and submit to the Government properly executed Forms (e .g. , Certificate of � Non-Relocation; Assurances of Compliance with The Department of Commerce Regulations under Title VI of the Civil Rights Act of 1964 ; and Assurance of Job Opportunities for The Unemployed) prior to completion of the lease agreement (s) . • 30 . The Government may, at its option , require the Grantee to include in the request for construction bids a reguirement that each responsive bidder will provide . , �• - 19 - 5ids on two schedules : (1 ) one based on continuing construction throughout the period of adverse weather , and ( 2) one based on the normal shutdown during the same period . The Grantee must reserve the right to award the construction contract on the basis of thc low bid on either schedule . Care must be taken to insure that all work performed during the periods of adverse weather are atructurally 6ound and as durable as work performed under favorable weather conditions . The requirement for work during adverse weather conditions shall be so stated that the contractor shall not be required to continue Work during actual conditions covered by the following weather warnings as issued by the U. S. Weather Bureau: (1) snow and/or heavy icing , (2) severe thunderstorms, (3) tornado , or (4 ) hurricane . � 31. Nonexpendable personal property acquired with Government funds will be retained until thece is no longer a need �to a ccomplish the purpose of the Project. After that time the Grantee 8ha11 first use such property in other Government projects or secondly in projects of other Federal Governmental agencies ; such other projects being those of the Grantee herein . When the Grantee is unable to use the property as aforesaid the regulations of the Government shall be applied per OMB Circulars A-102 , A-110 or other applicable legal requirements . Property records shall be maintained accurately and provide for : a description of the property, manufacturer ' s serial number or other identification number , percentage of funds used in the purchase of the property, location, use and condition of the property, and such other data as may be required per OMB Circulars A-102 , A-110 ar other applicable legal requirements . A physical inventory of the property shall be taken , and the results reconciled With the , property records , at least once every two years. A control system shall be in effect to insure adequate safeguards to prevent loss , damage or theft , any of Which shall be investigated and fully documented . 32 . If construction work is to be performed in a geographical area covered by bid conditions issued by the Office of Federal Contract Compliance , the Gcantee � 1 - � - 20 - shall include such bid conditions as part of its construction contract , or any modification thereof . In such areas , the Grantee shall also include �in contracts for construction work , or any modifi'cation thereof, provisions requiring the contractor to report its manpower utilization on a monthly basis using the latest Optional Form 66 , Monthly Manpower Utilization Repor t. 33 . Any program income earned by the Pro�ect between the date o£ approval and the date of completion shall be deducted from 'the total Project costs for the purpose • of determining the net costs on which the Federal � share of costs will be based ; or added to funds committed to the Project by the Government and the . Grantee and used to further eligible program objectives . 34 . The Grantee shall hnve the sole authority and full responsibility, without recourse to the Federal Government or any of its agencies , for the settlement and satisfaction of all contractual and administrative issues arising out of this grant. 35 . The Grantee shall submit quarterly performance reports to assure that time schedules are being met nnd that projected work units by time periods are being accomplished . Between required performance reporting dates , Grantee shall inform the Government of all problems , delays or adverse conditions which will ma�erially affect the ability to attain program objectives , prevent the meeting of time schedules and goals , or preclude the attainment of project work units by established time periods . This disclosure shall be accompanied by a statement of the action taken, er contemplated , and any Federal assistance needed to resolve the situation . 35 . The Gra^tee agrees to furnish a copy of the auditor engagement letter upon execution , and four copies� of the resu�tant audit report upon issuance , to the Office of Management and Budget (OMB) designated cognizant Federal audit agency . • 1 \ ' � L i � If �the Grantee has no OMB designated cognizant audit agency, the copies of the auditor engagement letter , and audit report 8hould be sent to the Department of Co�nmerce Regional/District Audit Office responsible for the area in r+hich the Grantee is located . In meeting its audit obligations the Grantee will assuce that: a. Audits are performed in accordance with the applicable requirements of OMB Circulars No. A-128 (15 CFR Part 8A) 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 . � b. Audits a�e made in accordance with the �' General Accountinq 0£fice Standards for Audit of Governmental _Orqanizations , Pro9rams , Act v ties and . Functions , the Guideline fot inancial and Com liance AUdits _of_ Federally Assisted Proqrams , a�y compl ance - eupplements approved by OHB , and genernlly accepted auditing standards established by the American ' Institute of Certified Public Accountants . ' c. Auditors engaged will meet the qualification requiremente set forth in the •General Accounting Office Standards for Audit of Governmental Or anizatons Pro rams Act vit es an Funct ons ,. n accor ance with the applicable �rocurement requ rements of Attachment 0 to OMB Circulars No. A-102 or A-110 .. blongovernmental auditora must be either independent. certified public . accountants or independent licensed ,public accountants liceneed on or before December 31 , 1970. d . The auditor vill retain the audit work papers and reports for at least three, years from the date of the audit report unless the auditor is notified in writing by the cognizant Pederal audit agency of the need to extend the reten tion period. The audit work papers Will be roade nvailable •upon request � to the cognizant Federal audit agency or its designees and the General Accounting Office or its designees . Page Revision 5-20-91 ** 15 CFR Parts 8a , 29a , and 29b. 56 FR 15992-15998 , 4/19/91 . • - � � � • , ' - 22 - e . As required by Department of Commerce Administration Order 213-5 , Audit Follow-up and Resolution , the Grantee is expected to reapond to any questioned costs and other audit findings and provide ' additional documentation to support such response within 30 days after the receipt of an audit report from the Office of Inspector General . EDA will consider any response or documentation received during this 30-day period in reaching its final determination concerning eligibility of costs ; any Grantee response or documentation received by EDA more than 30 days after Grantee receipt of the audit report, and before . EDA 's final determination , may be considered . EDA's � final determination shall be in writing and furnishe� 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 subject to appeal within EDA. f. A final management system will be maintained in accordance with the standards prescribed in OMB Circular No. 1�-102 , Attachments G and P or OMB Circular No. A-110, Attachment F� as applicable . g. Financial records will be retained 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. h . Financial reports will be submitted in accordance With the achedule contained in the Terrns and Conditions , and in accordance with Atta�hment H of OMB Circular No. A-102 or Attachment G of O�iB Circular No. A-110, as applicable . 37 . The Grantee shall notify the Government promptly whenever the amount of the authorized grant is expected to excee�3 the needs of the Grantee . 38. Except for such aspects as , but not limited to, zoning ' building permits , and recording requirements , this Grant shall be governed by and construed under Fe�eral law . • - 1.� - . ` `. 39. By affirming its intention to use the grant awarde� , the Grantee represents that it has not paid , and also, agrees not to pay , any bonus or commission for� the purpose of obtaining an approval of its application for this assistance . 40. The Grantee agrees to comply with P. L. 89-136 , •as amended, and all regulatior�s issued pursuant thereto , beginning at 13 CFR 301. 41. The Grantee agrees that the obligations of the Grantee hereunder shall also be made applicable to eny sub- grantee or borrower in eny agreement by the Grantee to subgrant or lend funds received by the Grantee under this agreement. 42. No obliqations 6ha11 be created by Recipient for any purpose pertaining to the operetion of the proqram or activities for which the funds were awarded where the obligation would require performance beyond the expiration date stipulated in the aaar�d 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 accordence with OMB Circulars No. A-110 or A-102, and for obligations properly created prior to the expiration date. • Verbal or Written as6urances of refunding shall not constitute authority to obligate funds for programmatic ectivities beyond the expitation date . Funds shall not be obligated unless or until an award document is received by the recipient from the Grant Officer .