Laserfiche WebLink
Name of Recipient <br /> Agreement No.: XX-XXX-550 <br /> Project No.: C-06-XXXX-XXX <br /> EXHIBIT Eā€”FEDERAL CONDITIONS & CROSS-CUTTERS <br /> The Recipient agrees to comply with the following conditions required by USEPA: <br /> 1. Architectural and engineering contracts. Where the Recipient contracts for program <br /> management, construction management, feasibility studies, preliminary engineering, design, <br /> engineering, surveying, mapping, or architectural related services, the Recipient shall ensure that <br /> such any such contract is negotiated in the same manner as a contract for architectural and <br /> engineering services is negotiated under chapter 11 of title 40, United States Code, or an <br /> equivalent State qualifications-based requirement as determined by the State Water Board. <br /> 2. GAAP. The Recipient must maintain project accounts according to Generally Accepted <br /> Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board <br /> (GASB). The Recipient shall maintain GAAP-compliant project accounts, including GAAP <br /> requirements relating to the reporting of infrastructure assets. <br /> 3. Fiscal sustainability. The Recipient certifies that it has developed and is implementing a fiscal <br /> sustainability plan for the Project that includes an inventory of critical assets that are a part of the <br /> Project, an evaluation of the condition and performance of inventoried assets or asset groupings, <br /> a certification that the recipient has evaluated and will be implementing water and energy <br /> conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, <br /> replacing the Project and a plan for funding such activities. <br /> 4. American Iron and Steel. Unless the Recipient has obtained a waiver from USEPA on file with <br /> the State Water Board, the Recipient shall not purchase"iron and steel products" produced <br /> outside of the United States on this Project. Unless the Recipient has obtained a waiver from <br /> USEPA on file with the State Water Board, the Recipient hereby certifies that all "iron and steel <br /> products" used in the Project were or will be produced in the United States. For purposes of this <br /> section, the term "iron and steel products" means the following products made primarily of iron or <br /> steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, <br /> tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, <br /> and construction materials. <br /> 5. DUNS. No Recipient or subrecipient may receive funding under this Agreement unless it has <br /> provided its DUNS number to the State Water Board. <br /> 6. Executive Compensation. Where the Recipient received 80 percent or more of its annual gross <br /> revenues from federal procurement contracts (and subcontracts) and $25,000,000 or more in <br /> annual gross revenues from federal procurement contracts(and subcontracts), the Recipient <br /> agrees to notify the State Water Board. The Recipient agrees to provide information regarding <br /> executive compensation to the State Water Board upon request, in order for the State Water <br /> Board to comply with USEPA requirements. <br /> 7. Trafficking in Persons. The Recipient, its employees, contractors and subcontractors and their <br /> employees may not engage in severe forms of trafficking in persons during the term of this <br /> Agreement, procure a commercial sex act during the term of this Agreement, or use forced labor <br /> in the performance of this Agreement. The Recipient must include this provision in its contracts <br /> and subcontracts under this Agreement. The Recipient must inform the State Water Board <br /> immediately of any information regarding a violation of the foregoing. The Recipient understands <br /> that failure to comply with this provision may subject the State Water Board to loss of federal <br /> funds in the amount of$101,065,000. The Recipient agrees to compensate the State Water <br /> Board for any such funds lost due to its failure to comply with this condition, or the failure of its <br /> contractors or subcontractors to comply with this condition. The State Water Board may <br /> unilaterally terminate this Agreement and full payment will be due immediately, if a Recipient or <br /> E-1 <br /> G.9,lc,e,5 <br />