AGENDA
ITEM
14 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 15, 2025
TO: Mayor and City Council
APPROVED BY: Benjamin Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director JU
PREPARED BY: Jesus Villegas, Public Works Director/City Engineer SUBJECT: Ratification of a Resolution Authorizing the City Manager or his Designee to Execute Grant Award Agreement and/or any Documentation Pertaining to Grant: No. SBRC25417CA with The Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
Recommendation:
Ratification of a Resolution Authorizing the City Manager or his Designee to Execute Grant Award Agreement and/or any Documentation Pertaining to Grant No. SBRC25417CA with The Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
Background:
Back in April 2025, the City of Calexico Public Works Department submitted the following three (3) pre-grant application to The Southwest Border Regional Commission - Economic and Infrastructure Development (EID) Grant Program:
1. New Clarifier for Water Treatment Plant
2. Sewer Lift Station No. 9 and 11, Sewer Collection and Water Distribution System Improvement Project
3. La Jolla Palms Boulevard Extension to East Cole Road On July 16, 2025, Public Works staff was notified that only one (1) pre-application was approved to move forward to the second phase of said program which was New Clarifier for Water Treatment Plant.
Discussion and Analysis:
On September 17, 2025, Public Works staff received Grant Award Agreement No.
SBRC25417CA with the Southwest Border Regional Commission for New Clarifier at Water Treatment Plant in the amount of $1,000,000.00. To receive the above-mentioned funds, the City of Calexico needs to execute grant award agreement and/or any necessary documentation to claim the funds. Therefore, Public Works staff is requesting City Council authorization to delegate authority to the City Manager or his designee to execute Grant Award Agreement and/or any Documentation Pertaining to Grant No. SBRC25417CA with the Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
Fiscal Impact:
Revenue - Federal Grant $1,000,000.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Attachments):
1. Resolution No. 2025__ of the City Council of the City of Calexico authorizing the City Manager or his designee to execute Grant Offer Agreement and/or any documentation pertaining to Grant No. SBRC25417CA with The Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
2. Grant Award Agreement between The Southwest Border Regional Commission and City of Calexico.
ATTACHMENT NO. 1
RESOLUTION NO. 2025-_
RATIFICATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALEXICO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
GRANT AWARD AGREEMENT AND/OR ANY DOCUMENTATION PERTAINING TO GRANT NO. SBRC25417CA WITH THE SOUTHWEST BORDER REGIONAL COMMISSION.
WHEREAS, the City of Calexico received Economic and Infrastructure Development Grant funds from the Southwest Border Regional Commission for Water Treatment Plant improvement projects; and
WHEREAS, Grant Award Agreements and any documentation pertaining to Grant No.
SBRC25417CA need to be executed with The Southwest Border Regional Commission before such funds could be claimed; and
WHEREAS, the City of Calexico wishes to delegate authorization to execute these Agreements and any amendments thereto to the City Manager or his designee be authorized to execute Grant Award Agreements and/or any documentation pertaining to Grant No. SBRC25417CA with The Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AND ORDER AS FOLLOWS:
1. The City Manager or his designee is authorized to execute Grant Offer Agreement and/or any documentation pertaining to Grant No. SBRC25417CA with The Southwest Border Regional Commission for New Clarifier at Water Treatment Plant.
PASSED, APPROVED AND ADOPTED this 15" day of October 2025.
Diana Nuricumbo, Mayor
Attest:
Veronica L. Alvarado, City Clerk
Approved as to Form:
Carlos Campos, City Attorney
State of California)
County of Imperial) ss.
City of Calexico )
1, Veronica L. Alvarado, City Clerk of the City of Calexico do hereby certify the above Resolution No. 2025-_ was approved at a regular City Council meeting held on the 15'' day of October 2025, by the following vote to-wit:
AYES:
NOES:
ABSTAIN:
Veronica L. Alvarado, City Clerk
ATTACHMENT NO. 2
SOUTHWEST BORDER
Grant Award Agreement
Between
The Southwest Border Regional Commission (Agency)
and
City of Calexico
Section Field
Federal Award Identification Number (FAIN) SBRC25417CA
Federal Award Date 9/11/2025
Program Name (if applicable) Economic and Infrastructure Development Grants Statutory and Regulatory Authority 40 US Code Subtitle V US Code 15101-15902 Assistance Listing (CFDA) Number & Title 90.900
Type of Award (Grant/Cooperative Agreement/Research) Grant Research & Development Grant (Yes/No) No
Recipient Name CITY OF CALEXICO
Recipient Unique Entity Identifier (UEI) QGR7KQG4JKR6
Recipient Employer Identification Number (EIN) 956000684 Recipient Address 608 Heber AVE
Calexico, California
92231-2840, United States
Authorized Official Name & Title
Authorized Officia's Emall
Authorized Officia's Phone Number
Application Number SBRC25417CA
Funding Information
riod of Performance Start Da 9/22/2025
riad of Performance End Da 9/22/2028
rudget Period (if different Same as performance period
otal Federal Funds Obligated by this actior $1,000,000.00 Total Federal Funds in Project $1,000,000.00
Total Non-Federal Cost Share $6,000,000.00
Total Project Cost (Federal Obligation + Cost Share) $7,000,000.00 Project Description The City of Calexico, an economically distressed area, will utilize funds to construct a new 80-foot diameter clarifier at Its Water Treatment Plant to meet current and future demand. The facility's single existing clarifier Is fully utilized, leaving no capacity for residential, commercial, or industrial growth and creating a single point of failure for water service. The new clarifier will expand capacity to support economic development, while enhancing reliability and resilience in the event of equipment failure or natural disaster by providing critical sytem redundancy. This investment will ensure continuous water service for 40,073 residents and strengthen long-term economic growth in the region.
Indirect Cost Rate (if applicable) federal de minimis rate of 15% Project Type (Constration / Non-Construction) Construction Project Scope As submitted to FY25 EID Program under application number listed in this document.
Award Terms & Conditions
Applicable Regulations (e.g., 2 CFR Part 200) Addendum A - Grant Agreement terms & Conditions Program-specific Requirements Attachment B- Approved Work Plan and Budget.
Signatures
Awarding Agency Authorized Official (Name) Juan Sanchez Title (Agency) Federal Co-Chair
ate (Agenc 9/11/2025
ontact Information (Agenc 3655 Research Drive, Genesis Center-C NMSU.
Las Cruces, NM 88003
Email: [email protected]
ittps:/sbrc.gov/
Signature:
Recipient Authorized Official (Name)
Title (Reciplent)
Date (Recipient)
Signature:
Notice: The obligation of federal funds does not allow a grantee to begin to commit or expend BRC funds or match/cost share funds. A grantee must have a Notice to Proceed to expend funds. *
SOUTHWEST BORDER
REGIONAL COMISSION
Award Agreement between the Southwest Border Regional
Commission (SBRC and The Awardee
The Following Conditions Apply to all SBRC Projects
Order of This Agreement is subject to the provisions of the 40 US Code Precedence: Subtitle V US Code 15101-15902, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards at 2 CFR Part 200, as currently updated and the applicable Administrative Program Manual for awards granted by the Southwest Border Regional Commission and this Agreement as well as incorporated supplements, if any. Any conflict among these provisions shall be resolved giving precedence to these authoritie n the order which thev are listed in. The awardee acknowledges that no such provisions or any interpretations thereof shall be deemed to diminish the rights of SBRC. SBRC may at its option, exhaust its remedies here under and under other documents, either concurrently or independently, and in such order as it may determine.
Deadline: The Commission may revoke or revise its approval, at its discretion of any project if work intended to be performed is not underway within 12 months after the date of this Agreement.
Awardee's The awardee shall comply fully with all applicable laws, regulations, Compliance with all and executive orders. The awardee shall protect his or her laws and mployees under all such laws, and regulations including, but not regulations: imited to. Executive Order 11246, Sections 503 and 504 of the Rehabilitation Act of 1973, Title VI and VIl of the Civil Rights Act of 1963, The Family and Medical Leave of 1993, and applicable workers' compensation laws of the awardee's state.
Compliance with 2 The awardee shall adhere to 2 CFR Part 200, incorporate in this CFR Part 200 agreement by reference and including but not limited to: Financial Management (S§200.300-309): Maintain effective internal controls, 1 ensure payments are for authorized purposes, document cost sharing, and obtain prior approval for budget revisions. Property Standards (S$200.310-.316): Maintain and insure property acquired with federal funds and use or dispose of such property in accordance with federal requirements.
Procurement Standards (SS200.317-.327): Follow fair and open competition, approved procurement methods, and reasonable contract cost and price determinations.
Performance and Financial Reporting (S$200.328-.329): Monitor programmatic and financial performance and submit required reports, including Federal Financial Reports (SF-425).
Subrecipient Monitoring and Management (S$200.330-.332):
Conduct risk assessments, provide required federal award information in subawards, and monitor subrecipient compliance.
Record Retention and Access (S$200.333-,337): Retain records for a minimum of three years and provide access to federal agencies, Inspectors General, and auditors.
Remedies for Noncompliance (S§200.338-.342): Recognize that noncompliance may result in suspension, termination, withholding of payments, disallowance of costs, or recovery of funds.
Closeout (S$200.343-.344): Submit all final financial, performance, and other required reports within 120 days after the close of the period of performance, subject to post-closeout adjustments and recoveries.
SBRC Under Run If the project contains only SBRC funds, (and a non-federal share, Policy: where applicable), the SBRC funds shall be returned to the SBRC in the event of an under run. If the project contains both SBRC funds and other agency ies) funds, the funds shall be returned proportionately.
Additional Funds: It is understood that if the awardee receives additional funding from any new source towards the eligible cost of this project after SBRC approval, these funding sources shall not be used to reduce the amount of local funds pledged. If new funds are available for this project, the SBRC and the basic federal agency, if any, should be notified immediately as the SBRC reserves the right to reconsider the level of its funding approval should this occur. In affirming this award, the awardee certifies that the additional funds are committed and available as needed for the project and that the additional funds will not affect ownership of, or title to, the project facilities. If the additional funds are de-committed for whatever reason, SBRC reserves the right to demand return of all award proceeds and to terminate and /or revoke the project.
Change in Scope: It is understood that a change in scope should not be implemented without prior written approval from SBRC and the basic federal agency, if any. A change of scope includes, but is not limited to, the project design, the type of project to be completed, capacity of the system, size of project, the number and/or type of customers served, equipment items or other property purchased.
Close Working Pursuant to the 40 US Code Subtitle V US Code 15101-15902, It 15 Relationship with expressly understood that the intent of this Agreement is that the Administering awardee must work in conjunction and closely with the Agency: administering agency, if any, and follow bidding and contract award procedures to ensure that all pertinent state and federal laws are complied with. Coordination with the administering agency begins with the filing of an application and continues throughout the project until completed.
Restrictions on Pursuant to the 40 US Code Subtitle V US Code 15101-15902, SBRC Assistance: funds should not be used for any form of assistance to relocate industries within the SBRC region; recruitment activities which place a SBRC state in competition with another SBRC state; and projects to promote unfair competition between businesses within the SBRC region and as set forth in the applicable Administrative Program Manual.
Project Account: The Awardee shall be required to produce to SBRC, copies of all bank statements of the project account upon request of SBRC.
Bonding or The Awardee must provide evidence of adequate insurance and Insurance: fidelity or employee dishonesty bond coverage.
Audit: Audit requirements only apply to the year(s) in which the Agency awarded funds are expended. Awardees expending $750,000 or more of federal assistance per year must submit an audit in accordance with the requirements of The Office of Management and Budget (OMB) circular A-133 as codified in 2 CFR 200. Awardees that expend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year except as noted in 2 CFR 200, but the records must be available for review or audit by appropriate officials of the SBRC, administering agency and/or the General Accounting Office.
3 Interest: The Awardee will remit interest earned on award funds deposited in an interest-bearing account in accordance with 2 CFR 200 to SBRC.
Cost Incurred Prior Prior to the initial disbursement of award funds, the awardee shall to Approval: provide acceptable documentation to the SBRC for costs incurred prior to the award to determine their eligibility in accordance with the requirements of the cost principles contained in 2 CFR 200.
SBRC reserves the right to deny all costs incurred prior to the approval of this award.
Quarterly & Quarterly reports are due to the SBRC on the 15th of the month Monthly Reports: following each calendar quarter, executed by the proper signatory.
It is the responsibility of the awardee, not the administering agency, to write a complete report and timely send the same to the SBRO central office. A delinquent quarterly report will result in the withholding of funding requests. The SBRC requires monthly project performance and status reports to accompany requests for advance payment or reimbursement.
Final Report: Within one month after the period of performance, the awardee shall prepare and submit to SBRC for approval a final report of all work accomplished under this award including recommendations and conclusions based on the experience and results obtained. After SBRC's review of the final report, SBRC will either accept the report and associated outcomes, return to the awardee the approved report with such comments, including any requirements,
suggestions, or modifications as deemed necessary, or require resubmission of the final report if deemed necessary, in which case the awardee shall, within 15 days, submit another final report for review and comment.
Budget: Costs will be determined in general accord with the budget produced in the awardee's application subject to the terms of this Agreement and to pertinent SBRC Code provisions.
Hold Harmless: Awardee will carry out the program under this Agreement as an independent contractor and not as an agent of the SBRC. Awardee assumes sole and complete responsibility for the conduct of the program in such a manner as to assure the safety and welfare of all persons participating in or any way involved in, affected by, any activities conducted under this Agreement. The SBRC, through its provision of funds for this project, undertakes no responsibility in this regard. Notwithstanding any state or federal law to the contrary, the awardee shall indemnify and save harmless the SBRC, its agents, officers and employees, from and against any and all 4 claims, demands, suits, judgments, settlements, etc., for sums of money for, or on account of personal injuries, property damage, or loss of life or property of any persons arising from, or in any way, connected with the performance of the project covered by this Agreement. Further, the awardee expressly releases the SBRC from any liability for any losses or damages suffered by awardee, directly or indirectly, from or in any way connected with the performance of this Agreement unless state or federal law does not allow such release.
Subcontracting: The awardee may enter into subcontracts for the work contemplated under this Agreement, subject to the conditions and provisions as the SBRC may deem necessary, to protect the interests of the SBRC including, but not limited to, the right to disallow the use of sub-contractors and to review all sub-contracts. Provided further however, that no provision of this article and no such approval by the SBRC of any subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the SBRC in addition to the total amount and the SBRC shall not be responsible for the fulfillment of the awardee's obligations to the subcontractors. Provided, further, that no subcontracting shall be deemed to relieve the awardee of any obligations under this Agreement:
Project Personnel: The SBRC reserves the right to approve or disapprove the selection or continued participation of any personnel supported with the funds made available under this Agreement.
Suspension/ The SBRC shall have the right, upon written notice to the awardee, Termination/ to suspend or terminate this Agreement for cause, whenever the Collection: Federal Co- Chairman determines there is reasonable basis to believe there has been malfeasance, embezzlement,
misappropriation, unauthorized application of federal funds or materially false statement in the conduct of this Agreement or any other SBRC award agreement and begin collection proceedings by unilateral election. This Award Agreement may also be terminated and/or suspended for a violation of any law, rule, applicable SBRC Administrative Program Manual(s) and/or regulation of SBRC or other applicable laws.
Termination for The SBRC may, by written notice to the awardee, terminate this Convenience: Agreement in whole or in part for convenience of the SBRC, whenever the SBRC determines that such action is in its best interest.
5 Award Related It will be the responsibility of the awardee to include the Southwest Communications: Border Regional Commission in any award-related communications from your office. Specifically, all SBRC funded, or partially funded projects shall include proper acknowledgement of SBRC award funding to include but not be limited to project announcements, press releases, news articles, ribbon- cutting ceremonies, check presentations, radio and/or television advertisements and the like.
Whether written or verbally communicated, the awardee agrees to recognize SBRC for its participation within a week from the event to happen. Additionally, those written communications will include the SBRC logo and website. A jpeg file of the SBRC seal shall be available by the SBRC to assist with any of these communications.
Cornerstone,
Plaque or Sign:
the SBRC program, unless waived by the SBRC; provided that such an item not be required if it would be prohibited as an eligible project cost under the basic federal program through which the SBRC assistance is provided.
Operation and If the awardee will not operate and maintain the project, then prior Maintenance to the initial disbursement, the awardee shall provide to the SBRC Agreement: an executed copy of an agreement with the party responsible for the operation and maintenance of the project. Such agreement must be consistent with the SBRC policies including, but not limited to, non- discrimination, environmental requirements, and adequate consideration. The agreement must also set forth that prior to occupancy, the occupant of any part of the land acquired or improved by this project must furnish to the awardee, for transmittal to SBRC, properly executed SBRC forms evidencing assurance of compliance with all applicable requirements.
Project Start and The project start date shall be the date of the official Notice to Ending Dates: Proceed from SBRC. The project end date shall be calculated, accounting for original time requested to complete the project, from the date of the Notice to Proceed. The obligation of federal funds does not allow an awardee to begin to commit or expend SBRC funds or match/cost share funds. A awardee must have a written Notice to Proceed to expend funds.
Financial The award proceeds will be administered in accordance with 2 CFR Procedure: part 200 and generally accepted financial accounting procedures and standards. Should the awardee fail to follow such procedures 6 and standards, SBRC reserves the right to collect, suspend, terminate, and/or collect said funds as referenced herein.
Certification The awardee certifies that no federal appropriated funds have been Regarding paid, or will be paid, by or on behalf of the awardee to any person or Lobbying: any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of this award and the entering into any and all agreements to effectuate this transaction. The awardee further agrees to comply with applicable statutory provisions prohibiting use of Federal assistance funds for activities designed to influence any legislation or appropriations except through proper, official channels.
Return of Award The awardee acknowledges that all award proceeds, until they are Proceeds: spent for the purposes of the award and in accordance with the award application and this Agreement, shall remain the property of SBRC and, if not expended for the purposes of the award and in accordance with the award application and this Agreement, will be returned to SBRC within 30 days after the final date on which the award proceeds were scheduled to be spent under the terms of the award application and this Agreement
Licenses and The awardee and its employees, agents, and advisors, and not the Permits: SBRC, are responsible for obtaining necessary licenses and permits, if any, for insuring that all aspects of the project comply with all applicable statutes, regulations, ordinances, and codes, and for all costs of the project in excess of the amount of the approved award.
Notices: Any notice shall be conclusively deemed to have been received by a party hereto and be effective earlier of the day on which delivered to such party or on the third business day after the day on which mailed, addressed to such party. Such notice to SBRC shall be sent to its central office address of 3655 Research Drive, Genesis Center-C New Mexico State University Las Cruces, NM 88003-8001. Any notice to the awardee shall be sent to the address set forth in the award application.
Waiver/Cumulative Neither any failure nor any delay on the part of SBRC or any administering agencies in exercising any right, power, or privilege here under or under the laws of the applicable jurisdiction shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any other right, power, or privilege. No modification, amendment or waiver of any provision of this Agreement or other documents, nor consent to any departure by the awardee or any other person therefrom shall in any event be effective unless the same shall be in writing and signed by an SBRC authorized representative and then such waiver or consent shall be effective only in the specific instance and for the specific purpose which given. No notice to or demand on the awardee or any other person in any case shall entitle such person to any other or further notice or demand in the same, similar, or other circumstances. Any remedies herein provided are cumulative and not exclusive of any remedies provided by law or of any remedies provided by any other document.
General All SBRC awards shall be administered in accordance with 2 CFR Procedures: 200; and any other applicable Federal regulations. The documentation in support of each action in the accounting records shall be filed in such a manner that it can be readily located.
Awardee shall maintain custody of time records, payrolls, and any other records as appropriate to substantiate all services reported to SBRC and/or the administering agency, if any.
Successors and/or All general provisions herein shall be applicable to the awardee's Assigns: representatives, agents, successors, and/or assigns.
Contracting In contracting for services and/or purchasing equipment under this Procedures: Agreement, awardee shall adhere to procurement standards in 2 CFR part 200 and assure that (1) all contracting shall be at prices and on terms most advantageous to the awardee and to the project; and (2) all interested parties shall have a full and fair chance at doing business with the awardee. Awardee shall arrange for all contracting through competitive bidding, or, if permitted by state law, other negotiating and contracting procedures that will assure compliance with (1) and (2) above.
Coordination and In carrying out the project under this Agreement, awardee shall Non-Duplication: assure that the planning, design work and implementation of activities are coordinated with the activities conducted by the awardee under other related SBRC awards, if any, and shall assure that there shall be no duplication of effort or funding under this Agreement of any work or payments under those awards.
Compliance with Awardee shall assure that all provisions of applicable federal, state, Applicable laws: and local laws shall be complied with in the conduct of activities under this Award Agreement. The SBRC reserves the right to suspend or terminate this Agreement in the event that applicable federal, state, and local laws and regulations are not complied with. 8 Such right shall not be exclusive and does not affect rights and remedies provided elsewhere by law, regulation, or agreement.
Progress Awardee may receive progress payments on the basis of worked Payments: performed. SBRC and the administering agency, if any, must concur as to the reasonableness of costs upon review of the submitter Form SF 270 (Request for Advance or Reimbursement). SBR and/or the administering agency, if any, reserve the right to determine that the requirements of this Agreement are being met before making such payments.
Advance Payments: Awardee may receive advances of funds subject to the approval of the executive director, or the Federal Co-Chair at his or her discretion, in amounts sufficient to meet scheduled payroll costs and other related costs, including payments to subcontractors on the following basis: (a) awardee's certification that a firm commitment has been obtained from each employee appointed under this Agreement, or that firm, formal subcontracts have been executed which will require payments for goods and services to be delivered during the period for which advance is sought; (b) upon submission of Form SF 270 (Request for Advance or Reimbursement) and on the basis of the costs estimates approved by the SBRC and /or administering agency, if any; and (c) awardee's certification that any previous advance has been exhausted (if previous advance has not been exhausted, this remainder must be used to meet scheduled expenses payable during the next period).
Disbursements: All disbursements shall be for obligations incurred, after the effective date, in the performance of this Agreement, and shall be supported by contracts, invoices, vouchers and other data, as appropriate and as determined by SBRC, evidencing the
disbursements. SBRC intends to make disbursements in proportion to SBRC's percentage of the project budget.
EIN and SBRC All payment requests must show the nine-digit taxpayer Project Numbers: identification numbers assigned by the Internal Revenue Service and the project number assigned to this project by SBRC System for Award The awardee shall comply with 2 C.F.R. Part 25, by maintaining an Management active System for Award Management (SAM.gov) registration and (SAM.gov) and valid Unique Entity Identifier (UED for the duration of thi Unique Entity
Identifier (UEI) ensure subrecipients provide a UEl before receiving funds.
Rebates and Awardee agrees that any refunds, rebates or credits, or other Discharges from amounts (including interest earned thereon) received by the Liability: awardee shall be paid to SBRC to the extent that they are properly allocated to costs for which the awardee has been reimbursed.
Awardee will, when requested, assign such amounts to SBRC and execute such releases as may be appropriate to discharge the, its officers and agents from liabilities arising out of this Agreement.
Official not to No member or delegate to Congress or any local official, shall Benefit: directly benefit from any SBRC award.
Covenant Against The awardee warrants that no person or selling agency has been Contingent Fees: employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the awardee for the purpose of securing business. For breach or violation of this warranty, the SBRC shall have the right to annul this Agreement without liability or in its discretion to deduct from the award amount or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
Certification Awardee certifies that it is not presently debarred, suspended, Regarding proposed for debarment, declared ineligible, or voluntarily excluded Debarment: by any federal department or agency.
Fraud: The awardee certifies that it has not within a three-year period preceding the submission of the award application been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public, whether it be federal, state, or local, transaction or contract under a public transaction or violated federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
Indicted: The awardee certifies that it is not presently indicted for or otherwise criminally or civilly charged by a government entity, whether federal, state, or local, with commission of any offenses.
Termination of The awardee certifies that it is not within a three-year period Public Transaction: preceding this award application had one or more public transactions, federal, state, or local, terminated for cause or default. 10 Conflicts of The awardee certifies that it has not violated the provisions of 40 Interests: US Code 15306 dealing with the conflicts of interest statute of the 40 US Code Subtitle V 15101-15902.
Certification The awardee certifies that it will provide a drug free workplace.
Regarding Drug
Free Workplace:
Errors and The awardee agrees to fully cooperate and adjust for clerical errors Omissions missions in executing any of the documents in connection with thi Compliance award within 30 days from the date of mailing said reques! Agreement:
Basic Agency: If the servicing of this award is transferred to a Basic Agency, all fees, expenses, or other charges for such servicing will be paid from the award funds by SBRC.
Percentage If the project budget is funded by any other source towards the Payments: ligible cost of this project, SBRC shall only pay a percentage of th ill, contract, invoice, or voucher presented. This amount shall b equal to the percentage of SBRC's funds for the overall project.
Free and Clear of The awardee will keep the project free and clear of any liens, Liens: adverse claims, deeds of trust, mortgages, security interest, other charges, and/or encumbrances.
Immigration Laws: The awardee certifies that it is not in violation of the Federal Immigration and Nationality Act set forth in 8 U.S.C. 1324 whereby it is unlawful to hire an undocumented immigrant, to recruit an undocumented immigrant, or to refer an undocumented immigrant for a fee. The awardee further certifies that it has complied with all employment eligibility verification requirements, which include examination of identity documents and completion of Form 1-9 fo every employee hired
Conveyance: The awardee represents and warrants that it shall not convey, transfer or assign any or all of its interest in and to the project.
Non- It is the general policy of the SBRC that an awardee assisted under Discrimination: its grant programs shall carry out all programs and activities in compliance with all federal laws prohibiting discrimination, and in such a manner that no person shall, on the grounds of race, ethnicity, citizenship status, national origin, ancestry, gender, sexual orientation, age, weight, religion, creed, physical or mental disability, marital status, veteran status, and/or political affiliation be excluded from participation in, be denied the benefits of, or be 11 subjected to discrimination with respect to any such programs or activities. The awardee shall afford equality of opportunity in all their employment practices. The SBRC is committed to the principles of equal opportunity and the elimination of all vestiges of discriminatory practices that might exist.
Certification of In- Should the award include in-kind contributions by the Awardee, the Kind Awardee shall forward all receipts, invoices, time sheets, or other Contributions: ocumentation satisfactory to SBRC verilying and confirming the in ind contribution(s). The in-kind contributions must be verifiabl from the Awardee's records. The in-kind contributions must be allowable under the applicable cost principles. The in-kind contributions may not be paid by the Federal funds in excess the SBRC's allowed matching limits listed in 40 US Code Subtitle V. The in-kind contributions must be set forth in the approved budget.
Additional Funding If the application submitted by the Awardee and approved by SBRC Sources: was conditioned upon the Awardee providing funds from other funding sources and the Awardee represented and warranted in it:
application that certain additional funds would be provided fron additional funding sources in order to complete this project, but at the time of closing of the award, the additional funds to complete the project had not been received, then the Awardee understands, knowledges and agrees that six months after the date of th ward Letter, all of the award proceeds for the Awardee may b rescinded by SBRC, unless the additional sources of funding have been received by the Awardee at that time, all at the discretion of Eligible Expenses: The Awardee understands, acknowledges, and agrees that the funding of this project shall be used for the eligible expenses outlined in the approved application documentation. However, should the Awardee wish to use these funds for other expenses associated with this Project, the Awardee may request from SBRC in writing which portion of the project the Awardee wishes to fund and the reasons for doing so as such.
Award Amount: If the award amount is for a lower amount than was requested by the Awardee in the application, then the Awardee states, acknowledges, and agrees that the project described in the application will begin on the date set forth therein and can move the project forward to completion, despite this lower amount approved or as revised and approved by the SBRC.
12 Attorney's Fees: The Awardee does hereby guarantee the prompt performance of the obligations according to the terms and provisions of this Agreement.
The Awardee further agrees it shall pay all costs and expenses including attorneys' fees incurred in the enforcement of this Agreement or to protect the interests of SBRC, should this Agreement be placed in the hands of an attorney, by suit or otherwise.
Bankruptcy: If the Awardee becomes insolvent or applies for, consents to or acquiesces in the filing of a bankruptcy proceeding, or the appointment of a trustee or receiver or other proceedings under any bankruptcy or insolvency law or any dissolution or liquidation proceedings are instituted by or against it, the Awardee shall be in default and shall return all SBRC funds.
Previous Should the award include spending funds on a project that has Construction: involved construction, the Awardee states and affirms that all of the persons, firms and corporations, including the general contractor and all subcontractors who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction, repair, or renovation of the subject property described in the accompanying award application, have been paid in full and that such work has been fully completed and accepted by the owner. The Awardee states and affirms that no claims have been made to the Awardee by, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages, conditional bills of sale, retention of title agreements, security agreements, financing statements, or personal property leases have been given or are outstanding as to any fixtures, appliances, or equipment which are now installed in or upon the subject real property, or the improvements thereon. The Awardee states and affirms that there are no outstanding deeds of trust, mortgages, judgment liens, mechanics, or materialmen liens filed of record or unfiled claims or any other liens or encumbrances of any kind. Awardee further agrees and guarantees to hold SBRC harmless against any liens, claims or suit of or by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, conditional bills of sales, retention of title agreements, security agreements, financing statements, or personal property leases in connection with the construction, repair, or renovation of the subject property.
13 Construction Should the award include spending funds on construction, the Projects: Awardee states and affirms that all of the persons, firms and corporations, including the general contractor and all
subcontractors who will furnish services, labor or materials according to plans and specifications, or extra items, used in the construction, repair, or renovation of the subject property described in the accompanying award application, will be paid in full.
Administrative This Agreement will become effective when signed by the Parties.
Provisions
Either Party may terminate this Agreement by providing thirty (30) days written notice to the other Partv. If the Awardee cancels this Agreement, SBRC is authorized to collect unexpended costs incurred prior to cancellation of this Agreement plus any termination costs.
Should disagreements arise on the interpretation of the provisions of this Agreement or amendments and /or revisions thereto, the area(s) of disagreement shall be stated in writing by each Party and presented to the other Party for consideration. If agreement or interpretation is not reached within 90 days, the Parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.
As allowed by federal statute this Agreement may be amended, extended, or modified through an exchange of correspondence and upon full agreement by both signatory agencies.
The Parties agree that nothing in this Agreement requires SBRC to expend its funds to assist Awardee projects, and that SBRC will do so only through the authority for its programs, including applicable appropriations acts, and in accordance with the terms of this Agreement.
14 ENVIRONMENTAL DECLARATION AND INDEMNITY
FOR AND IN CONSIDERATION of the Award provided to (the "Awardee") by Southwest Border Regional Commission, its successors and assigns ("SBR"), and other good and valuable consideration, the receipt and sufficiency all of which is hereby acknowledged, the undersigned Awardee, being the owner, operator and/or occupier of the real property described in the accompanying award application ("Property"), hereby declares, covenants, represents, and warrants unto SBRC as follows:
1. Awardee represents and covenants that, except as disclosed by Awardee to SBRC in writing on or prior to the date of this agreement, (i) the Property has at all time during Awardee's ownership, occupancy and control thereof and is presently free of contamination from any substance or material presently identified to be toxic or hazardous according to any applicable federal, state or local statute, rule or regulation (collectively, the "Law"), including without limitation, any asbestos, PCB, radioactive substance, methane, volatile hydrocarbons, industrial solvents or any other material or substance which has in the past or could presently or at any time in the future cause or constitute a health, safety or other environmental hazard to any person or property; (ii) Awardee has not caused or suffered to occur, and Awardee will not hereafter cause or suffer to occur, a discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum or chemical liquids or solids, liquid or gaseous products or hazardous waste (a "spill"), or hazardous substance at, upon, under or within the Property or any contiguous real estate; (iii) neither Awardee nor any other party has been, is or will be involved in operations at or near the Property which could lead to the imposition on Awardee or any other owner of the Property of liability or the creation of a lien on the Property, under the Law or under any similar applicable laws or regulations; and (iv) Awardee has not permitted and will not permit any tenant or occupant of the Property to engage in any activity that could lead to the imposition of liability on such tenant or occupant, Awardee or any other owner of any of the Property, or the creation of a lien on the Property, under the Law or any similar applicable laws or regulations; and (v) no friable asbestos, or any substance containing asbestos deemed hazardous by federal or state regulations on the date of this Agreement, has been installed in or on the Property. The terms "hazardous substance" and "release" as used in the Agreement shall have the meaning specified in CERCIA, and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in RCRA; provided, in the event that the applicable laws of the applicable jurisdiction establish a meaning for "hazardous substance," "release," "solid waste," or "disposal" which is broader than that specified in either CERCLA or RCRA, such broader meanings shall apply.
2. Awardee shall comply strictly and in all respects with the requirements of the Law and related regulations and with all similar applicable laws and regulations and shall notify SBRC promptly in the event of any spill or hazardous substance upon the Property, and shall promptly forward to SBRC copies of all orders, notices, permits, applications or other communications and reports in connection with any such spill or hazardous substance or any other matters relating to the Law or related regulations or any similar applicable laws or regulations, as they may affect the
3. Awardec, promptly upon the written request of SBRC from time to time, shall provide SBRC with an environmental site assessment or environmental audit report, or an update or such an assessment or report, all in scope, form, and content satisfactory to SBRC. 15 4. In consideration of the award, Awardee shall indemnify SBRC and hold SBRC and its directors, officers, agents and employees harmless from and against all claims, demands, causes of action, loss, liability, damage, costs and expense, including, without limitation, attorneys' fees, costs of suit and fees of expert witnesses, suffered or incurred by SBRC, whether as holder of a mortgage, as mortgagee in possession or as successor in interest to Awardee as owner of the Property by virtue of a foreclosure or acceptance of a deed in licu of foreclosure (i) under or on account of the Law or related regulations or any similar applicable laws or regulations, including the assertion of any lien thereunder; (ii) with respect to any spill or hazardous substance affecting the Property whether or not the same originates or emanates from the Property or any such contiguous real estate, including any loss or value of the Property as a result of a spill or hazardous substance; and (iii) with respect to any other matter affecting the Property within the jurisdiction of the U.S. Environmental Protection Agency or any similar state or local agency. The foregoing indemnity shall further apply to any residual contamination on or under the Property, or affecting any natural resources, and to any contamination of the Property or natural resources arising in connection with the generation, usc, handling, storage, transport or disposal of any such hazardous substances or solid wastes, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes and ordinances.
Without prejudice to the survival of any other agrcements of Awardee hereunder, this indemnity shall survive the closing of the Award and shall continue thereafter in full force and effect.
5. In the event of any spill or hazardous substance affecting the Property, whether or not the same originates or emanates from the Property or any such contiguous real estate, and/or if Awardee shall fail to comply with any of the requirements of the Law or related regulations or any other environmental law or regulation, SBRC may at its clection, but without the obligation so to do, give such notices and/or cause such work to be performed at the Property and/or take any and all other actions as SBRC shall deem necessary or advisable in order to remedy said spill or hazardous substance or cure said failure of compliance and any amounts paid as a result thereof, together with interest thereon at the legal rate from the date of payment by SBRC shall be due and payable by Awardee to SBRC within fifteen (15) business days of demand therefore, and until paid shall be added to and become a part of the indebtedness and shall have the benefit of any lien hereby created as a part thereof:
6. Awardee shall permit any officer, employee or agent of SBRC to visit and inspect the Property, examine the books of record and accounts of Awardee, take copies and extracts therefrom, and discuss the application of any Applicable Environmental Laws to the Property with Awardee's officers, consultants and employees, all at such reasonable times and on reasonable notice and as often as SBRC may reasonably desire. In addition to this right of inspection, Awardee hereby awards to SBRC an easement upon personal servitude of right of use of the Property for environmental inspection. As used in this section, the term "environmental inspection" shall mean any visitation to or inspection of the Property (including obtaining underground soil samples), or interview with Awardee or its consultants or employces, to determine the continuing accuracy of the environmental representations state in this Agreement.
SBRC may exercise this right of use at any time during normal business hours of Awardee. The easement shall continue until termination of the transaction provided in the award, and shall automatically be transferred with any transfer of rights under the award. 16 The Commission does not require a resolution. If state or local authority requires a resolution, the sample resolution provided herein may be used for guidance. The Commission requires execution of the award agreement and all applicable assurances by an Authorized Representative.
RESOLUTION - SAMPLE LANGUAGE
WHEREAS, the Southwest Border Regional Commission (hereinafter "SBRC") was created by Congress and codified under 40 US Code Subtitle V US Code 15101-15902, as a federal/state partnership now comprised of 103 countics within the four states of Texas, New Mexico, Arizona and California in order to remedy severe and chronic economic distress by stimulating economic development and fostering partnerships that will have a positive impact on the SBRC region's economy;
WHEREAS, the (add name of Awardee here, acting by and through its (add whatever entity it acts through - board of alderman, supervisors, police jury, ctc.)) proposes to apply for an award with SBRC for the Fiscal Year 2025 federal award program cycle; WHEREAS, SBRC requires that a person be designated, appointed, and given the authority to perform certain duties and administration of said award for and on behalf of the Awardee;
WHEREAS, the . (put name of acting body) met in a regular session on (add date) whereby . (name of those present) were present, constituting a quorum;
WHEREAS, a motion was made by (add name of person making motion) was seconded by (add name of person) to designate and appoint name of person) to perform all duties and administration of said award, which carried unanimously by voice vote and was recorded on the minutes; WHEREAS, a motion was made by , (add name of person making motion) was seconded by , (add name of person) to provide additional funds in the amount of S to said award which carried unanimously by voice vote and was recorded on the minutes; WHEREAS, a motion was made by → (add name of person making motion) was seconded by _ (add name of person) to make an in-kind contribution of (add description of goods or services contributed) with a fair market value of $ (add fair market valuc of in-kind contribution) to said award which carried unanimously by voice vote and was recorded on the minutes; and
WHEREAS, a motion was made by. , (add name of person making motion) was seconded by - (add name of person) that in the event of an administration change, the new (title) shall continue to have such authority under this Resolution.
NOW THEREFORE, BE IT RESOLVED THAT, by the of , as follows:
17 THAT, (person who is signing), be and is hereby designated and appointed to perform on behalf of (name of Awardec) and has the authority to make those acts and assume any and all duties in dealing with the award with SBRC for the Fiscal Ycar - 2013 federal award program cycle;
THAT, (person who is going to be acting on behalf of Awardee) is hereby authorized to execute and submit any and all documents including, but not limited to, applications, award closing documents, request for funds, status reports to SBRC for the Fiscal Year - 2013 federal award program cycle;
THAT, the Awardee agrees to provide additional funds in the amount of $ _ to said award;
THAT, the Awardee agrees to make an in-kind contribution of (add description of goods or services contributed) with a fair market value of $ _ (add fair market value of in-kind contribution) to said award; and
THAT, in the event of an administration change, the new (title) shall continue to have such authority under this Resolution.
READ AND ADOPTED, this the day of , 20_
ATTEST
18
All awardee must comply with the Infrastructure Investment and Jobs Act (DJA) and the Build America, Buy America Act (the Acf), Pub. L. No. 117-58, S$ 70901-52., including the implementing requirements at 2 CFR Part 184 and M-24-02
BUY AMERICA AGREEMENT
THIS AGREEMENT is made and entered into by and between "Awardee" and the Southwest Border Regional Commission (hereafter "SBRC").
WITNESSETH
WHEREAS, the Infrastructure Investment and Jobs Act hereinafter "IJA"), which includes the Build America, Buy America Act (hereinafter "the Act"), in order to bolster America's industrial base, protect national security, and support high-paying jobs; and
WHEREAS, the Act requires that the head of each covered Federal agency ensure that "none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States;" and
WHEREAS, the Act affirms, consistent with Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers (hereinafter "the Executive Order"), the SBRC's priority to "use terms and conditions of Federal financial assistance awards to maximize the use of goods, products, and materials produced in, and services offered in, the United States;," and WHEREAS, the Office of Management and Budget issued a mcmorandum dated April 18, 2022, to provide implementation guidance to Federal agencies on the application of the above, and in order to comply with the above, SBRC will require the Awardee to use the federal financial assistance received from SBRC for infrastructure as agreed to herein.
NOW THEREFORE, in consideration of the foregoing, of mutual promises of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Awardee hereby agrees to the following:
All iron and steel used in the project will be produced in the United States- -this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and
2. All manufactured products used in the project are to be produced in the United States- this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 19
3. All construction matcrials (excluding cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives) are to be manufactured in the United States-this means that all manufacturing
processes for the construction material occurred in the United States, but this Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project; but
4. This Agreement does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project, nor does it apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 20 Grant Agreement
By signing this agreement, the awardee acknowledges and agrees that accountability is vital to the success of SBRC investment projects and for the continucd partnerships, and to abide by all conditions and safeguards set forth in this Agreement and the associated SBRC Compliance Manual. The awardee confirms that if any part of the award shall be held to be invalid, the remaining portions shall remain valid.
Furthermore, the awardee documents attest that the SBRC shall reserve the right to access, without hindrance, award related communications, physical sites, financial reports, contracting procedures and any information deemed pertinent, with or without notification. By signing below, the Authorized Representative certifies that they are duly authorized to enter into this Agreement on behalf of the Awardee and to comply with terms and conditions of this herein.
Organization:
Authorized
Representative
Name:
Signature:
Date:
Federal Award
Identification
Number
(FAIN):
21 OMB Number: 4040-0009
ASSURANCES - CONSTRUCTION PROGRAMS Expiration Date: 06/30/2028 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Cerlain of these assurances may not be applicable to your project or program. If you have questions, please contact the NOTE: Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C. U.S.C.S§4728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F).
Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
2. of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §54801 et seq.) which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b) Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. S§1681 from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination interest in the title of real property in accordance with on the basis of sex; (c) Section 504 of the awarding agency directives and will include a covenant Rehabilitation Act of 1973, as amended (29) U.S.C. in the title of real property acquired in whole or in part §794), which prohibits discrimination on the basis of with Federal assistance funds to assure handicaps; (d) the Age Discrimination Act of 1975, as nondiscrimination during the useful life of the project. amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse
4. Will comply with the requirements of the assistance Office and Treatment Act of 1972 (P.L. 92-255), as awarding agency with regard to the drafting, review and amended relating to nondiscrimination on the basis of approval of construction plans and specifications. drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to Act of 1970 (P.L. 91-616), as amended, relating to ensure that the complete work conforms with the nondiscrimination on the basis of alcohol abuse or approved plans and specifications and will furnish alcoholism; (g) §§523 and 527 of the Public Health progressive reports and such other information as may be Service Act of 1912 (42 U.S.C. S5290 dd-3 and 290 ee required by the assistance awarding agency or State. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIll of the
6. Will initiate and complete the work within the applicable Civil Rights Act of 1968 (42 U.S.C. S§3601 et seq.), as time frame after receipt of approval of the awarding agency. amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
7. Will establish safeguards to prohibit employees from nondiscrimination provisions in the specific statues) using their positions for a purpose that constitutes or under which application for Federal assistance is being presents the appearance of personal or organizational made; and (i) the requirements of any other conflict of interest, or personal gain. nondiscrimination statue(s) which may apply to the application.
Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Previous Edition Usable Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the Federal actions to State (Clean Air) implementation requirements of Titles Il and Ill of the Uniform Relocation Plans under Section 176(c) of the Clean Air Act of Assistance and Real Properly Acquisition Policies Act of 1955, as amended (42 U.S.C. S§7401 et seq.); (g) 1970 (P.L. 91-646) which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h) protection of programs. These requirements apply to all interests in real endangered species under the Endangered Species properly acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1968 (16 U.S.C. S$1271 et seq.) related to protecting S51501-1508 and 7324-7328) which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. 9470), EO 11593 (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and Work Hours and Safely Standards Act (40 U.S.C. §5327- the Archaeological and Historic Preservation Act of 333) regarding labor standards for federally-assisted 1974 (16 U.S.C. §5469a-1 et seq). construction subagreements.
18. Will cause to be performed the required financial and Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a) of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No. A-133, (P.L. 93-234) which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Will comply with the requirements of Section 106(g) of Environmental Policy Act of 1969 (P.L. 91- the Trafficking Victims Protection Act (TVPA) of 2000, as 190) and Executive Order (EO) 11514; (b) notification amended (22 U.S.C. 7104) which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect (2) Procuring a commercial with EO 11988; (e) assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or (3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
SF-424D (Rev. 7-97) Back