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HomeMy WebLinkAbout7047RESOLUTION NO. 7047 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE RESEARCH, PLANNING, AND DESIGN FIRM OF RRC ASSOCIATES AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION 302(a) PLANNING PROGRAM, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME that: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, SECTION 1: An agreement dated December 28, 1992, between the Research, Planning, and Design firm of RRC Associates and the City of Pueblo, a Municipal Corporation, to provide professional services in connection with the Assessment of the Tourism Market and Related Economic Development Opportunities for Downtown Pueblo, Colorado, in conjunction with the Economic Development Administration 302(a) Planning Program, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: City funds for these services are available in Account No. 144 - 1992 -37- 040 -20 in the amount of $14,000. SECTION 3: The President of the City Council is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED: DECEMBER 28, 1992 BY: JOYCE LAWRENCE COUNCIL PERSON APPROVED: ATTEST: C TY CLERK PRES DENT OF THE CITY COUNCIL AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made this 28th day of December, 1992, between the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City"), whose address is #1 City Hall Place, Pueblo, Colorado 81003, and RRC Associates, a professional consulting firm, (hereinafter referred to as the "Contractor "), whose address is 4875 Pearl East Circle, Suite 301, Boulder, Colorado 80301, for the purpose of providing professional consulting related to an assessment of the tourism market and related economic development opportunities for downtown Pueblo (hereinafter referred to as the "Tourism /Economic Development Opportunities Evaluation "). In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL SCOPE OF WORK 1.1 Contractor shall satisfactorily perform professional services for the Tourism /Economic Development Opportunities Evaluation project as indicated below. 1.2 In performing the professional services, the Contractor shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this Agreement which are applicable to the agreed -upon professional services. 1.3 Professional services shall be performed under the direction and supervision of Chris Cares, Project Manager. 1993. 1.4 All work on the evaluation and the associated report shall be completed by April 30, 1.5 Additional services, if required by Owner, shall be provided by a work release (Appendix "D "). 1.6 Consultant shall adhere to and comply with the provisions of Appendix "E" EDA Standard Terms and Conditions. SECTION 2. PROFESSIONAL CONSULTING SERVICES 2.1 The Contractor shall perform the following services: (a) Consult with City representatives to determine requirements for the Project and review available data. (b) Provide special analyses of downtown economic conditions and opportunities through a review of available data including past studies. (c) Prepare a report with appropriate exhibits indicating the results of the Tourism /Economic Development Opportunities Evaluation effort and setting forth findings and conclusions based on the survey in a "business plan" format. 1 (d) Furnish 12 copies of the report and present and review it in person with the City- designated review group. (e) Discuss and share the results of the Pueblo Downtown Strategic Business Plan and coordinate the work schedule and public meetings with the other consultants inolved in the 302(a) planning process. SECTION 3. TIME FOR PERFORMANCE 3.1 Contractor's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. In no case shall the Tourism /Economic Development Opportunities Evaluation effort extend beyond April 30, 1993 without mutual agreement of the City and the Contractor. SECTION 4. COMPENSATION AND PAYMENT 4.1 Contractor shall be reimbursed for professional and staff time spent on the work covered in the Scope of Services at hourly billing rates. Under no circumstances shall the total charges payable under this agreement exceed the sum of fourteen thousand dollars ($14,000) unless agreed upon by both parties. The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B - Fee Schedule. 4.2 Contractor shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, the City shall pay Contractor for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that the City will not be required to pay more than 90 percent of the maximum amount unless the agreed -upon services on the Project phases for which this Agreement is applicable have been completed to the City's satisfaction and all required submittals have been provided. 4.3 No compensation shall be paid to Contractor for services required and expenditures incurred in correcting Contractor's mistakes or negligence. SECTION 5. TERMINATION 5.1 The City reserves the right to terminate this Agreement and Contractor's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Contractor shall cease all work and stop incurring expenses, and shall promptly deliver to the City all data, drawings, specifications, reports, estimates, calculations, summaries and all other information, and materials as Contractor may have accumulated in performing this Agreement, together with all finished work and work in progress. 5.2 Upon termination of the Agreement for events or reasons not the fault of Contractor, Contractor shall be paid at the rates specified in Appendix B - Fee Schedule for all services rendered 2 and reasonable costs incurred to date of termination; together with any reasonable costs incurred within ten days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to City or Contractor. SECTION 6. GENERAL PROVISIONS 6.1 Ownership of Documents All survey results, analysis and other documents or other instruments procured or produced by the Contractor in the performance of this Agreement shall be the sole property of the City and the City is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Contractor agrees that the City shall have access at all reasonable times to inspect and make copies of all notes, survey results, and all other technical data pertaining to the work to be performed under this Agreement. 6.2 Insurance and Indemnity (a) Contractor agrees that he has procured and will maintain during the term of the Agreement such insurance as will protect him from claims under workmen's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Contractor shall obtain and keep in force is as follows: (i) Workmen's Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Five Hundred Thousand and No /100 Dollars ($500,000) per person and occurrence for personal injury, including but not limited to death and bodily injury, Five Hundred Thousand and No /100 Dollars ($500,000) per occurrence for property damage, and Two Million and No /100 Dollars ($2,000,000) for excess umbrella liability. 6.3 Entire Agreement This instrument contains the entire agreement between the City and the Contractor respecting the project, and any other written or oral agreement or representation respecting the Project or the duties of either the City or the Contractor in relation thereto not expressly set forth in this instrument is null and void. 6.4 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns. Provided, however, neither this Agreement, nor any part hereof, nor any monies due or to become due hereunder to the Contractor may be assigned by him without the written consent of the City. 6.5 Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Contractor and by City's duly authorized representative. 6.6 Choice of Law The Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 6.7 Equal Employment Opportunity In connection with the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap or age. Contractor shall endeavor to insure that applicants are employed, and that employees area treated during employment without regard to their color, religion, sex, national origin, handicap or age. SECTION 7. DISPUTES 7.1 Any dispute or disagreement between Contractor and City arising from or relating to this Agreement or Contractor's services or right to payment hereunder shall be determined and decided by the City's representatives whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 7.2 Pending resolution of any dispute or disagreement, or judicial review, Contractor shall proceed diligently with performance of his work under this Agreement. SECTION 8. APPENDICES 8.1 The following Appendices are attached to and made part of this Agreement: Appendix A - Scope of Services Appendix B - Fee Schedule consisting of two pages Appendix C - Firm Background Appendix D - Work Release Appendix E - EDA Standard Terms and Conditions IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO B! 0 Title:_ CONTRACTOR By r w Title: °7 L k rd APPENDIX "A" -- SCOPE OF SERVICES The Pueblo Downtown Strategic Business Plan Environmental Scan The RRC team will conduct an initial evaluation of current and projected visitation patterns to the City of Pueblo using a variety of current studies and surveys from local, state, and other regional sources (regional Tourism Board, etc.). Visitor /tourism markets will be identified and synthesized for discussion at a work session on January 11th 1993. It is anticipated that one field trip to Pueblo would be conducted by Melanie Rees during this preliminary phase of the study but the general approach would be to use and review information that currently exists. Where deficiencies are noted RRC anticipates using its best judgment concerning patterns of activity or levels of visitation, both current and anticipated. The primary focus of the data collection and evaluation will be the Downtown Area as defined on the attached map. However, information will be collected from an area -wide level since visitors to area attractions are potential visitors to downtown. Short-term benefits of this phase will be the identification of current tourism markets. Long -term benefits will be an understanding of the potential visitor /tourism market on which a future economic development plan for Pueblo can be created. Resource Audit Based upon discussions at the January workshops, the environmental scan, and direction from the City of Pueblo Planning Department, RRC will perform a Resource Audit. The Resource Audit will include a professional analysis of Pueblo's transportation, promotion information, attractions, and facility and service infrastructures as they relate to the tourism industry. This will provide the community with an existing baseline inventory. This phase of the work program will also include several "discussion sessions" with various local leaders and representatives, as well as a number of one -on -one interviews to obtain information on existing conditions and the potential future(s) for Pueblo. Interviews will reveal the committee's present visitor /tourism image of itself and what image Pueblo should work towards in the development of future strategies. This process will determine the degree of support and consensus toward strategic or "visionary" programs. Ideas will be probed, and the expected effects associated with pursuing various economic development strategies will be systematically evaluated. Team members will be prepared to discuss and share the results of the Resource Audit and coordinate their work schedule and public meetings with other consultants involved in the 302(a) planning process. The Resource Audit phase of the study will involve multiple trips to Pueblo by Melanie Rees to conduct fieldwork and local discussions, as well as a public meeting(s). There will be ongoing consultation with Carl Aibaudo of the Strategic Marketing Group. The results of this phase of the work program will be summarized in a short written report suitable for local review and use. Short- term benefits will be an overall inventory and analysis of tourism support systems and the evolution of Pueblo's image to be used in marketing its overall economic redevelopment efforts. Long term benefits will be public discussions concerning the Downtown and its long -term economic potential and positioning. Gap Analysis and Final Synthesis of Results The team will prepare a written series of recommendations to both maximize short-term opportunities and address the "gap" between the unidentified market potential for the downtown area and current activity levels. The report will make recommendations for future strategic actions required to achieve the tourism potential for the Downtown area. The report will consider the tourism potential for the Downtown area and provide aggregated primary and secondary employment opportunities and income levels for the recommended development plan. This and other economic impacts of alternative programs or strategies will be presented in a "business plan" format for Downtown Pueblo. One field trip will then be made to present the recommendations for local prioritization. Based upon the decisions made, an implementation schedule and work plan is expected to be developed which allocates resources, defines timelines, suggests financing mechanisms and assigns responsibility for tasks needed to successfully accomplish priority improvements. RRC will provide advice and general participation in all phases of the study through the final presentation which will be geared toward programs and alternatives that can be accomplished by the City of Pueblo. Although the implementation plan is beyond the scope of services, RRC may be retained to prepare the implementation phase of the 302(a) plan. The entire process is designed to identify activities and actions which will have a high likelihood for direct job creation in the downtown area. ► ► 0 m r r a m m r 0 Zj --------------- El I ° ► ITT 0/ c F I L r� - F-F.1 LF! HE HP pin HE ► F F F1711 r. li v D a 1 -;M z - - - -- ------------ vi - - - - - - - - t, 01, 0 APPENDIX "B" - FEE SCHEDULE RRC will perform the Scope of Services for an agreed -upon lump sum of $14,000 which shall include all fees for consultants, subconsultants, and reimbursable expenses, with payments according to the schedule in the Agreement. The fees would include the following: Environmental Scan including fieldwork in Pueblo and review of available data Resource Audit including the January work session with up to three RRC representatives, two additional working trips to include meetings and on -site interviews and discussion groups; a review of available data and a thorough evaluation and short written report Gap Analysis including a synthesis of the local situation and a series of recommendations in a "business plan" format RATES Principal, Community Planning and Development Principal, Research and Planning Principal, Geographic Mapping /Modeling Technical I Level Technical V Level Non - Technical Subconsultants: REIMBURSABLE EXPENSES HOURLY $105.00 $85.00 $75.00 $60.00 $28.00 $10.00 $ 3,300 6,600 4,100 $14,000 DAILY $840.00 $680.00 $600.00 $480.00 $176.00 $80.00 Billed directly at subconsultants' regular rates. 1) Air travel, lodging, meals, car rental and related travel /subsistence out -of- pocket expenses are billed at direct cost. 2) All travel time is considered a reimbursable expense. All travel time will be billed at one -half the hourly rate from portal to portal. 3) Mileage is billed at 27.5 cents per mile. 4) Long distance telephone calls are billed at direct cost. 5) All other reimbursable expenses, including reproduction machine copies, postage, supplies, film, photos, etc. are billed at direct cost. 6) Custom report preparation and publication, and special presentations, (models, photographs, renderings, slide shows, etc.), are considered reimbursable expenses and are separately negotiated with the client in accordance with his special requirements. 7) Photocopies that are contracted out are billed at direct cost. Photocopies that are done in -house are billed at 15 cents per page. APPENDIX "C" -- FIRM BACKGROUND RRC has traditionally committed itself to full utilization of computer and related technologies as a means of providing its clients with the highest possible level of services at the lowest possible cost. The firm uses microcomputers and peripheral equipment for all production tasks from accounting to planning, design, and research. Presently RRC utilizes approximately fourteen microcomputers on a local area network (LAN). The firm uses SPSS, PC ARC /INFO, MapInfo, IDRISI, and AutoCAD software for geographic mapping and modeling and for general CAD drafting operations. Advanced computer peripherals include CD -ROM, an HP Laserjet III printer, HP Laserjet FAX, several dot matrix printers, modem facilities, and a Calcomp 24 "06" digitizer. Of particular interest to Pueblo may be the ability for RRC to "pass on" any data bases that are developed as a part of this study. KEY PERSONNEL Firm principals have been actively involved in planning and tourism research in Colorado for nearly twenty years, both with the public sector and as private consultants, and have participated actively in various volunteer groups and professions organizations at the local and state level. The firm members who will be primarily involved with the project - -- Nolan Rosall and Chris Cares -- bring unique and relevant experience which will be helpful and effective in understanding and analyzing existing conditions in Pueblo. Each is a founding member of RRC. Chris Cares would serve as project manager for Pueblo. Chris specializes in practical applications of research techniques, including survey research and statistical and computer analysis for problem solving. His research efforts and recommendations have helped to shape the marketing and development strategies of a large number of public and private clients. Market feasibility studies and housing needs assessments are a particular area of specialization. He has conducted numerous tourism research programs for clients throughout Colorado and the West. Nolan Rosall has an extensive background in both public and private sector planning and analysis. He was director of the Boulder municipal planning /community development program from 1974 -79, and prior to that time directed the efforts of a redevelopment agency in Reading, Pennsylvania. While with the City of Boulder, Nolan oversaw the development of the city's comprehensive plan and coordinated development of the downtown mall, a project that has been both a tourism and an economic success. He was also involved in the early stages of the organization of the Boulder Urban Renewal Agency. As a private consultant, he has assisted communities in the preparation of tourism studies and with development /redevelopment efforts. Nolan's long -time involvement in the Colorado community and his extensive knowledge of local development conditions will greatly assist the urban renewal authority in establishing strategies for the downtown Pueblo area. Carl Ribaudo, Principal of The Strategic Marketing Group, brings an extensive background in marketing and research to the issue of developing effective solutions and strategies for clients. Prior to founding The Strategic Marketing Group, Carl was for six years Director of Marketing for the Lake Tahoe Visitors Authority, where his responsibilities included marketing research, market planning, advertising and promotions. Carl possesses a thorough understanding of the travel and tourism industry, with particular experience in the field of marketing research and planning and advertising and promotions. Carl also has extensive background in developing media plans using TV, radio, print, outdoor, and direct mail. Melanie Rees has extensive economic and community development background combined with private business experience, bringing the skills needed for in -depth economic, financial and market analysis projects. Prior to joining RRC Associates, she had over ten years of experience involving project planning, design, financing and implementation management. During her five years with the State of Colorado, she promoted rural economic development activities and rose to head the Governor's financial incentives program. Melanie's skills include the ability to analyze market size and trends, develop comprehensive financial pro formas, critique financing options, assess needs and prepare strategic plans. APPENDIX P WORK RELEASE DATE: CLIENT: PROJECT: ADDITIONAL WORK DESCRIPTION: Fee: Expenses: CHANGE TO THE EXISTING CONTRACT: Original Contract Total: NEW CONTRACT AMOUNT: THIS WORK RELEASE HAS BEEN REVIEWED AND ACCEPTED BY: THE CITY OF PUEBLO RRC ASSOCIATES Title: am Title: Date: Date: B. General RequIrc'me 'It s - 3 - 1. PERSONNEL LIMITS AND APPROVAI,S: Unless explicitly authorized by EDA, the Recipient shall limit both the number of its employees and the funds spent therefor to the number of its employees and amounts set forth in the budget. This limitation shall not apply to additional employees not in any way compensated from Federal -state funds or recipient contributions made available under this award. Prior to hiring any employees who shall be paid with award funds, the Recipient must submit a staffing plan and have it approved by the Federal Program Officer (FPO). The staffing plan shall indicate (1) the salary level, (2) the nature of work to be performed, (3) knowledge, abilities, and skills required, and (4) education and experience required for each position. Any substantive changes in the approved staffing plan must be resubmitted for approval by the FPO. Any increases in individual salary L -evels which equal 10 percent or more must have prior approval of the FPO. 2. USE OF CONSULTANTS /CONTRACTORS: For all proposals and contracts where costs are expected to exceed $10,000, the scope of work (request for proposal) and the cost of such must be submitted to and approved by EDA prior to employment of such consultants or contractors. Recipients will ensure that any consultant or contractor paid from. funds provided under this award is bound by all applicable award terms and conditions. EDA shall not be liable hereunder to a third party nor to any party other than the Recipient.' 3. PROGRAM PERFORMANCE: The Recipient shall inform EDA as soon as the following types of conditions become known: a. Problems, delays, or adverse conditions that materially affect the ability to attain program objectives, prevent the meeting of time schedules or 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, or contemplated, and any EDA assistance needed to resolve the situation. b. Favorable developments or events that enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. 4. DUPLICATION OF WORK: The purpose and scope of work for which this award is made shall not duplicate programs for which ,monies have been received, committed, or applied for from other sources, public or private. The Recipient shall submit full information about related programs that may be initiated within the award period. - 2 - b, The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et se g.); c, The Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et se q.); d. The National Historic Preservation Act (16 U.S.C. 470, et se .); e. Executive Order 11988, Floodplain Management (May 24, 1977); f. Executive Order 11990, Protection of Wetlands (May 24, 1977); g, The Endangered Species Act, as amended (16 U.S.C. 1531, et se q.); h. The Historical and Archeological Data Preservation Act, as amended (16 U.S.C. 469x, et seq .); i. The Safe Drinking Water Act of 1972, as amended (42 U.S.C. 300f -j9); j. The Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271, et seg .); k. The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4002, et seq .); 1. The Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901); and m. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et seg. ) - 4. HATCH ACT: Recipient will comply with the provisions of the Hatch Act (5 U.S.C. section 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment is funded in whole or in part with Federal funds. If doubt exists in particular cases, the Recipient should contact the U.S. Office of Special Counsel, Merit Systems Protection Board, Washington, D.C., .for guidance. S. PATENT POLICY: The policy and procedures set forth in the DOC regulations (37 CFR 401), "Rights To Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," published in the Federal Register on March 18, 1987, shall apply to all award agreements made for which the purpose is experimental, developmental or research work. S, ItORK STARTED OR COMPLETED: No funds provided under this award shall be used to pay for cost of any work started or completed prior to the effective date of this award. 6. OTHER FUNDING SOURCES: Federal -share funds budgeted or awarded for this program shall not be used to replace any financial support previously provided or assured from any other source. The Recipient agrees that the general level of expenditure by the Recipient for the benefit of program area and /or program designated in the Special Terms and Conditions of this award, or any amendment or modification thereto, shall be maintained and not reduced as a result of the Federal -share funds received under this program. 7. REIMBURSEMENT FOR TRAVEL: Use of award funds for travel, which is determined as being necessary to the program for which the award is established, may be subject to the travel policies of the Recipient in situations if they are uniformly applied regardless of source of funds in determining the amounts and types of reimbursable travel expenses of recipient staff and consultants. When the recipient institution does not have specific policies uniformly applied, the U.S. Standard Governmental Travel Regulations shall apply in determining the amount charged to the award. Any travel by the Recipient confined to the EDA region(s) within which that Recipient is operating and /or to Washington, D.C., for purposes related to the award program, does not need prior approval, as long as budgeted travel funding levels are not exceeded. All other travel not in an approved work schedule plan must have prior approval of the FPO. 8. RECIPIENT CONTRIBUTIONS: When the Recipient shall have claimed credit for contributions -in -kind to the total cost of allowable expenses, the evaluation of such contributions - in -kind shall be subject to reevaluation by EDA at any time, and any deficiency so determined by EDA shall be compensated by supplemental contributions by the Recipient as a condition for further disbursements by EDA. 9. AVAILABILITY OF INFORMATION: The Recipient agrees that all nonconfidential information resulting from its activities shall be made freely available the general public on an equal basis. 10. BONDING AND PAYMENT OF FUNDS: Prior to payment of funds hereunder, the Recipient shall inform the FPO as to what provision it has for fidelity bond coverage of persons authorized to handle funds under this award. This is to assure the FPO that the Government's interest is protected. - S - 11. COPYRIGHTS: Recipient shall comply with 1S CFR 24,34 ([or awards to state and local governments) or OM5 Circular A -110, Attachment N (for awards to institutions of higher education, hospitals, and other nonprofit organizations), as appropriate. 12. For awards subject to OMB Circular A -110, the Recipient agrees to the revision of that circular which was published in the Federal Re ister on February 10, 1987, requiring recipients of Federal financial assistance to maintain advances of Federal funds in interest bearing accounts. Interest earned on Federal advances deposited in such accounts (with the exception of $100 per year which may be retained for administrative expenses) shall be remitted promptly, but no less frequently than quarterly. All checks submitted should be made out to the Economic Development Administration and should identify on their face the EDA project number followed by the word INTEREST in order to identify the check in question as remittance of interest income. The checks should be mailed to: ECONOMIC DEVELOPMENT ADMINISTRATION P. 0. BOX 100202 ATLANTA, GEORGIA 30384 Notification of the submission of these interest payments should be sent to the FPO. 13. The Recipient hereby agrees that the Government may, at its option, withhold disbursement of.any award funds if the Government learns, or has knowledge, that the Recipient has failed to comply in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected to the Government's satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs which were paid from award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the amount of such ineligible costs from any undisbursed funds held by the Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the project and paid from the award including, but not limited to, those costs determined to be ineligible if the Government learns of any violations after all funds have been disbursed. - b - 14. The Recipient hereby agrees that no funds made available from this grant shall be used, directly or indirectly, for paying attorneys' or consultants' fees in connection with securing this grant or other grants or cooperative agreements from For + example, funds could not be used for paying attorneys or consultants to prepare the application for this or other EDA assistance. However, attorneys' or consultants' fees incurred for meetin rant requirements may be eligible project costs an may a pal out o un s made available from this grant, provided such costs are otherwise eligible. 15. RESTRICTIONS ON LOBBYING: This award 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 Department of Commerce in an "Interim Final Rule," 15 CFR Part 28, published in 55 FR 6736 -6748, February 26, 1990. The Recipient of this award and subrecipients are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this award. The Recipient shall require each person who requests or receives from the Recipient a subgrant, contract, or subcontract exceeding 100,000 at any tier under this award, to file a "Certification Regarding Lobbying" and, if applicable, a "Disclosure of Lobbying Activities" form regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient, who shall forward all disclosure forms to the Government. The Recipient shall file and shall further require each subrecipient, 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 which would otherwise be subject to the prohibitions in and to the` Certification and Disclosure requirements of section 319 of Public Law No. 101 -121. 16. Recipient shall not knowingly do business under a covered transaction with a person who is debarred or suspended, or who is ineligible for or excluded from that transaction, and Recipient, will comply with the provisions of 15 CFR Part 26, Governmcntwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants). 17. Recipient will comply with this Financial Assistance Award, subject to the other Special and Standard Terms and Conditions, which shall constitute an obligation to make such award. If the Recipient fails to affirm its intention to use the award in accordance with the terms and conditions of this Financial Assistance Award, it will be terminated without further cause. By signing and returning two of the original Financial Assistance Award documents within 45 calendar days from the date of approval by the Assistant Secretary, the Recipient hereby affirms that it intends to use the award in accordance with the terms and conditions as above - referenced. 18. DISCLOSURE OF FEDERAL PARTICIPATION: In order to use any amount of this award to finance the acquisition of goods or services (including construction services) for the project, the Recipient agrees to - -- (1) announce in any solicitation for offers to procure such goods or services (including construction services) the amount of Federal funds that will be used to finance the acquisition for which such offers are being solicited; and (2) express the amount announced pursuant to paragraph (1) as a percentage of the total costs 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. DECEMBER 1990 CL w t- a w t- U) 7J CL w F (1) 71 a W a w F- N O G •` O Q1 p U a t z• O a � � F- W Q Wa O w .H. a J to a CL ZE T A p U U G G C tl CZ c U • Cf _ CL o � z z N U N ¢ O o Ea CL J U U N 0 cc CL ¢ O o c w=o 0 z ct O O Q roc a a ao a a. ¢U w - O Q a u O IL ` ` L o.c C a Q O G •` O Q1 p U a t z• O a � � F- W Q Wa O w .H. a J to a CL ZE T A p U c aD E 0 c U n GA: --r z w U a � (n W O O > D - j O W a°'dw a O a O a a Z O C7 O w a w •> a w n NO � O ¢ z_ CC Z O Z O ¢ cL J a a c �c C . T3 7, I C o y T c E C v E c C) CO O CL , U E U G G E E CZ c U • Cf _ NU � w U N U N i C CL O U U N N a c o N E N y Q x o m¢ G ¢U U o p U ` ` o.c C on. Q N U Z p Z > cc 0 U C) C1 = E a6 U � ca a E G o H o E 0 a °- ° .ro C > C7 Z a o O GO O '0 C - n U � a d �a > 7 J c n. 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