ATTACHMENT NO. 13
ATTACHMENT NO. 13
ATTACHMENT NO. 13
ADDENDUM TO AMERICAN RESCUE PLAN ACT LOAN AGREEMENT
1. “Agreement Funds” shall mean funds provide d by the City to the Developer, under this Agreement, that are Federal grant funds.
2. Developer agrees to use Agreement Funds in compliance with all a pplicable White House Executive Orders (“Executive Orders” or “E.O .”), including but not limited to E.O. 14168, E.O. 14173, E.O. 14218, and E.O. 14332, and as further set forth herein.
3. To the extent applicable, Developer is not required to use Agreement Funds in compliance with Executive Orders that have been revoked or invalidated by court order, including but not limited to E.O. 14154 and E.O. 14008.
4. To the extent applicable, and as long as E.O. 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” is in effect, Developer agrees that Agreement Funds shall not be used to promote “gender ideology,” as defined in E.O. 14168.
5. To the extent applicable, and as long as E.O. 14182 “Enforcing the Hyde Amendment” is in effect, Developer agrees that Agreement Funds sh all not be used to fund or promote elective abortions.
6. To the extent required by applicable Executive Orders, Developer shall administer the Loan Agreement in accordance with all applicable immigration restrictions and requirements, including eligibility and verifica tion requirements that apply unde r title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601- 1646) (PRWORA), Executive Order 14218, or other Executive Orders or immigration laws.
7. To the extent required by applicable Executive Orders, for so long as such Executive Orders are in effect, and as required by the Pers onal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), Developer shall utilize the Systematic Alien Verification for Entitlements (SAVE) system, or an equivalent verification system approved by the Federal government, unless excepted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)(PRWORA).
8. To the extent applicable, Developer shall ensure that the use of Agreement Funds shall comply with Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964.
9. Developer agrees that pursuant to E.O. 14332, th e City may terminate the [Agreement]“if an award no longer effectuates the program goals or agency priorities” or, in the case of a partial termination by the City, if the federal granting agency “determines that the remaining portion of the Federal award will not accomplish the purposes for which the Federal award was made.”
10. Developer acknowledges that Executive Orders included in this Addendum may be subject to interpretation and decision by various fede ral courts which ma y be binding upon the Agreement.
11. Developer acknowledges that th is Addendum does not include an exhaustive list of current Executive Orders and that Executive Orders are subject to change and modification.
ATTACHMENT NO. 13
12. Developer is responsible for monitoring and being knowledgeable of all White House Executive Orders.
13. In executing the Agreement, Developer acknowle dges that 1) the City has not provided legal interpretation or advice relate d to this Addendum; and 2) De veloper has had the opportunity to consult with, and be advised by, and independent legal counsel regarding matters pertaining to this Addendum.
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