HomeMy WebLinkAboutR05-Economic Development ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: Barbara J. Lindseth Subject: SEVERE ECONOMIC DISLOCATION
Acting Director IMPLEMENTATION GRANT
Date: March 14, 1995
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Synopsis of Previous Commission/Council/Committee Action(s):
In 1993, the Mayor and Common Council adopted a Resolution submitting
an application for an Economic Development Administration Title IX
Sudden and Severe Economic Dislocation Implementation Grant.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE
APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION TO AMEND A GRANT TO
FINANCE STREET IMPROVEMENTS AND CONSTRUCTION OF A PARKING LOT
ON NORTON AIR FORCE BASE.
Administrator Barbara J. Lindseth
Acting Director
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Contact Person(s) : Tim Steinhaus/Barbara Lindseth Phone: 5081
Project Area(s): IVDA Ward(s) : First
Supporting Data Attached: Staff Report; Resolution
Funding Requirements: Amount: N/A Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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BJL:2043A COMMISSION MEETING AGENDA
Meeting Date: 3/20/1995
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
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Severe Economic Dislocation Implementation Grant
The City of San Bernardino and the Inland Valley Development Agency
(IVDA) have previously applied for an Economic Development
Administration, Title IX Sudden and Severe Economic Dislocation
Implementation Grant, which as awarded provided for 75% funding of
certain street improvements on Norton Air Force Base including
Tippecanoe and the Del Rosa connection into Norton. The IVDA is
providing the 25% local match portion.
The San Bernardino International Airport Authority has the opportunity
to receive an additional $2,558,660 from the Federal Economic
Development Administration to fund additional street improvements on
the aviation portions of Norton, which are within the control of the
Airport Authority. This would also include the construction of a
terminal road and a parking lot, which would serve the proposed Norton
terminal. The Airport Authority would provide the 25% local match
portion for this aspect of the grant.
The attached Resolution for the Mayor and Common Council is similar to
the one adopted in 1993, and authorized the Mayor to submit necessary
documents and the application to the Federal Economic Development
Administration for the additional grant amounts as an amendment to the
existing grant to the IVDA.
Staff recommends adoption of the form motion.
Barbara Lindseth, Acting Director
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BJL:2043A COMMISSION MEETING AGENDA
Meeting Date: 3/20/1995
Agenda Item Number: c �
1 RESOLUTION N0.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE APPLICATION TO THE UNITED STATES DEPARTMENT OF
4 COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION TO AMEND A
GRANT TO FINANCE STREET IMPROVEMENTS AND CONSTRUCTION OF A
5 PARKING LOT ON NORTON AIR FORCE BASE.
6 WHEREAS, The City of San Bernardino, California (the
7 "City") is a municipal corporation and a charter city duly created
8 and existing pursuant to the Constitution and the laws of the State
9 of California; and
10 WHEREAS, the Community Development Commission of the City
11 of San Bernardino (the "Commission"), on behalf of the Redevelopment
12 Agency of the City of San Bernardino (the "Agency"), is a
13 redevelopment agency, a public body, corporate and politic of the
14 State of California, organized and existing pursuant to the
15 Community Redevelopment Law, Health and Safety Code Section 33000
16 (the "Act") ; and
17 WHEREAS, the City and the Inland Valley Development Agency
18 ("IVDA") desire to prepare and submit as joint applicants an
19 application to amend the Title IX Sudden and Severe Economic
20 Dislocation ("SSED") Implementation Grant 07-49-02680 (the "Grant")
21 to the Economic Development Administration of the United States
22 Department of Commerce ("EDA") attached hereto as Exhibit "A" and
23 incorporated herein by this reference; and
24 WHEREAS, the application for amendment of the Grant is
25 necessary to provide financing for seventy-five percent -(75%) of the
26 costs of certain street improvements and construction of a parking
27 lot located on Norton Air Force Base.
28
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE
APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC
DEVELOPMENT ADMINISTRATION TO AME ND A GRANT TO FINANCE STREET
3 IMPROVEMENTS AND CONSTRUCTION OF A PARKING LOT ON NORTON AIR FORCE
BASE.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
5
6 OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE
7 AND ORDER AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
g hereby authorized and directed to execute the application to amend
9
10 the Grant (Exhibit "A").
SECTION 2. The City of San Bernardino hereby designates
11 the IVDA as the lead agency which shall prepare and submit the joint
12
13 application for the Grant to the EDA.
SECTION 3. The findings and determinations herein shall
°? f 14 be final and conclusive. This Resolution shall take effect upon the
�tr
15
date of its adoption.
16 I HEREBY CERTIFY that the foregoing Resolution was duly
17 adopted by the Mayor and Common Council of the City of San
1g Bernardino at a meeting thereof, held
19 on the day of , 1995, by the following
20
21 vote, to wit:
22
23
24
25
26
27
28
j3
i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE
2
APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC
DEVELOPMENT ADMINISTRATION TO AMEND A GRANT TO FINANCE STREET
3 IMPROVEMENTS AND CONSTRUCTION OF A PARKING LOT ON NORTON AIR FORCE
BASE.
4
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
CURLIN
7 HERNANDEZ
OBERHELMAN
8 DEVLIN
POPE-LUDLAM
9 MILLER
10
City Clerk
11
The foregoing resolution is hereby approved this day
12 of , 1995.
13
14
Tom Minor, Mayor of the
15 City of San Bernardino
16
Approved as to form and legal content:
17 JAMES F. PENMAN
City Attorney
18
/By-
20 19
21
22
23
24
25
26
27
28
EXHIBIT "A"
APPLICATION TO AMEND TITLE IX SUDDEN AND SEVERE
ECONOMIC DISLOCATION (SSED) IMPLEMENTATION
GRANT 07-49-02680
q"AV41 OFco�Vs U.S. DEPARTMENT OF COMMERCE r
kv-1 1114 �C, Economic Development Administration
Jackson Federal Building, Room 1856
915 Second Avenue
Seattle, Washington 98174
s,.47.[S°f Fax: (206) 220-7669
RECD M A R - 6 19 9 5
Mr. William L. Bopf
Executive Director
Inland Valley Development Agency
201 North "E" Street, Third Floor
San Benardino, California 92401-1507
and
Mayor and Members of the City Council
City of San Bernardino
300 North "D" Street
San Bernardino, California 92481
Ladies and Gentlemen:
This letter is a formal invitation to submit to the Economic
Development Administration (EDA) the enclosed documents to amend
the Title IX Sudden and Severe Economic Dislocation (SSED)
Implementation Grant 07-49-02680. This project is located on
Norton Air Force Base in the City of San Bernardino, San
Bernardino County, California.
The amended project components are extension of construction
improvements to the roads and the construction of a parking lot.
The proposed project amendment requires approximately $2 ,558, 660
of EDA funds. This amount will bring the EDA Defense Adjustment
funding for Award 07-49-02680 to a total of $9,383, 660, which is
a 75 percent participation by EDA in the total estimated project
costs of $12, 511, 546. Please be aware that if this project
amendment is approved, the project will need to be bid
competitvely.
Submit the completed application documents and supplemental
exhibits on or before April 7 , 1995, to your Economic Development
Representative (EDR) , Charles Oaks. His address is Economic
Development Administration, 297 Marengo Avenue, First Floor,
Pasadena, California 91102-6020. Include an original and two
copies of the application and all required Exhibits. Also,
please include a 3 . 5 inch floppy disk for any application
narrative exhibits that were created with a word processor.
Application processing begins with a thorough initial review by
your Economic Development Representative. If your application is
complete, the EDR will forward it to the Project Officer,
JoAnn Smith, in the Seattle Regional Office. Ms. Smith will
conduct another preliminary review, within approximately two
weeks of application receipt, and notify you of any deficiencies
identified.
Grant Amendment
Page 2 Norton Air Farce Base
This invitation to apply for an amended grant is not an
indication EDA will approve your application. Each year EDA
invites applications which collectively exceed available funds.
Therefore, your project will be in competition for approval with
many other worthwhile projects.
If you have any questions, call your EDR, Charles Oaks, at
(818) 583-6955, or your Project Officer, Ms Smith, at (206)
220-7689.
Sincerely,
eonard S ith
gional Director
Enclosures
Copy: Charles W. Oaks, EDR
_i
Amendment to EDA Award No. 07-49-02680
ENCLOSURES
1. Page 1 of the 101A (2 copies) . One to be completed by
Inland Valley Development Agency and the other by the City
of San Bernardino, signed by Mayor.
2 . Budget pages 15 and 16
3 . Form, ED-152 (legal description of new project site) to be
completed by engineer
14. Title Opinion Letter of new site to be completed by attorney
5. Form ED-536, Environmental Certification clause (2 copies)
to be completed by IVDA and the City
6. Environmental Narrative, with particular attention to how
runoff (surface water) will be handled and any enviromental
issues that are not addressed in narrative.
7 . Assurances (2 copies)
8 . Information on selection of an engineering firm.
Other information to be submitted to EDA.
. Copy of State Historic Preservation Officer (SHPO) comments
or notification letter.
Please provide the number of days for start of construction
and construction period.
Submit an engineering report
FORM ED-540(Rev. 7/92) OMB Approval No.0810-005a
APPLICATION FOR APDra�at Expires August 31,199
FEDERAL ASSISTANCE :.DATE wewmEO Applicant Identifier
1. TYPE OF SUBMISS1Orl 1 DATE RECSIVEO BY STATE State
Application Preapplication Appliutgn Identifier
Application
Construction ❑ Construction
a.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
❑ Non-C�oostruction ❑ NpnJC-0 uctlon
L APPLICANT INFORMATION
Legal Name. Organizational Unit:
Address(give city,county,state,and Zip code): Name and telephone number of the person to be contacted on matters involving
this application (give area Code)
• EMPLOYER tOENTIFicAnoN NUMBER(EINk Y. TYPE OF APPLICANT:(enter appropriafe Niter in Doi)
W a
_ a State H.Independent school Dist.
B. County I. State Controlled Institution of Higher Learning
• TYPE OF APPL)CATION: C. municipal J. Private University
D. Township K Indian Trine
New ❑ Continuation ❑ Revision E Interstate L Individual
F. lntermunicipal M Profit Organization
It Revision, enter appropriate letter(s)in box(es): ❑ ❑ 0.Special District N.Other(Specity)
A.Increase Award B.Decrease Award C.Increase Duration
0 Decrease Duration Olhw(specify): a. NAME OF FEDERAL AGENCY:
U. S . Department of Commerce
Economic Development Administration
to CATALOG Of NUMB DOMESTIC 1 1 e 3 Q '� 11. DESCRIPTIVE TITLE&APPLICANT'S PROJECT:
TTTLE: IX Econcmi.c Adjustment Assistance
PWEDA of 1965, as amended
12. ARE"AFFECTED BY PROJECT(cities,counties, stares,etc.):
13. PROPOSED PROJECT: la. CONGRESSIONAL DISTRICTS OF:
Start Date Ending Date a Applcant :p.Project
15.ESTIMATED FUNOINQ ti.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. Federal = ,00 a YES. THIS PRF_VPLICATIONlAPPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant = -'00 DATE
C. State = ,00
b NO. ❑ PROGRAM IS NOT COVERED BY EO. 12372 a
t
d.Local = ,00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e.Other S ,00
1. Program Income = .00 17. K THE APPLICANT DELINOUENT ON ANY FEDERAL DEBT7
g. TOTAL = 00 ❑ Yes N'Ye:.*attach an a+rplanstion. ❑ No
1s. TO THE BEST OF MY XNOWLEDGE AND BELIEF.ALL DATA IN THIS APPLICA,TIONPREAPPLICATION ARE TRUE AND CORRECT.THE DOCUMENT NAS BEEN DULY
AUTHORIZED By THE GOVERNING BODY Oft THE APPLICANT AND THE APPLICANT w1LL COMPLY w1TH THE ATTACHEO ASSURANCES IF THE ASSISTANCE IS AWARDED
a. Typed Name of Authorized RepresentatM b.Title
c Telephone number
d S-gnature pf Authorized Representative a Date Signed
previous Editions Not Usable Standard rpm 424 IREV 4.88)
prescr,bed oy OMB CgCular A•102,,
FORM ED-540(Rev. 7/92) OMB Approval No.0810-0058
APPLICATION FOR Approval Expires August 31,1"4
FEDERAL ASSISTANCE :.DATE war.mED Applicant Iaentiri•r
I. TYPE Of weaaIS310N: >.DATE RECEIVED BY STATE
Application PrVatpplication S4te Application Identifier
KX Construction ❑ Construction El
t.DATE RECErYED BY FEDERAL AGENCY Federal Identifier,
❑ Non-Construction ❑ No-Constructbn
L APPLICANT INFORMATION
Legal Name. Orgarnzational Unit:
Address(give city.county.state,and rip code). Name and telephone number of the person to be contacted on matters imv ng
this application (give area code)
• EMPLOYER IDENTIFICATION NUMBER IEIN): T. TYPE OF APPLICANT:(enter appropriate Niter in pox)
a A. State H. Independent School Otst.
B. County I. State Controlled Institution of Higher Learning
• TYPE OF APPLICATION: a Municipal J. Private University
0. Township K. Indian Tribe
New ❑ Continuation ❑ Revision E interstate L. Individual
F. Intermunicipal M Profit Organization
h Revision,enter appropriate letter(s)in box(*$): ❑ ❑ G.Special District N.Other(Specify)
A Increase Award S.Decrease Award C. Increase Duration
0,Decrease Duration Other(specify): fL NAME OF FEDERAL AGENCY:
U. S. Department of Commerce
Economic Development Administration
CATAL
1 AG Of NUMERAL DOMESTIC 1 1 e 3 0 � 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
TITLE: IX Econanic Adjustment Assistance
PWEDA of 1965, as amended
12. AREAS AFFECTED BY PROJECT(Cities,Counties.states.etc.):
ti PROPOSED PROJECT: 11. CONGRESSIONAL DISTRICTS Of:
Start Date Ending Date a.Applicant :b.Project
s
1S.ESTIMATED FUNDING: 19.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12772 PROCESS?
a. Federal .00 a YES. THIS PREAPPUCATKWAPPUCATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant = •.00
DATE
c. State = .O0
b '.NO. ❑ PROGRAM IS NOT COVERED BY EO. 12372
d.Local = .00
❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e.Other : .00
I. Program Income = ,00 17. 13 THE APPLICANT DELINOUENT ON ANY FEDERAL DEBT?
g TOTAL = .00 ❑ Yes U'Yes.'attach an explanation. ❑ No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF.ALL DATA IN THIS APPLICATION PREApPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WIT"THE ATTACHED ASSURANCES IF THE ASSISTANCE 13 AWARDED
a. Typed Name of Autfnorited Repr•sentatrw b.Titse c Telephone number
d. Signature pl Authorized Representative • Oate Signed
rev ous Editions Not Usable tandard Fotrn 424 1PEV 1881
Prescribed by Oti19 C'rCular A-102 _
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Part III - BUDGET INFORMATION--Construction Programs
(figures
COST CLASSIFICATION (Elements from ED- 5 40 frcan pg 15)
Sub-element Breakdown) Breakdown T 0 T A L
1. Administrative and legal expenses $
A. Travel $
B. Legal
a. Legal Fees $
b. Bond Counsel
c. Printing and adv. of debt oblig.
C. Preparation for advertised sale
D. Rental of vehicles
E. Interest during
a. Construction
b. Development
F. Other: e.g.: Bonding Exp. Builders risk ins.
for Force Account only; Exc. (Identify)
2. Land, structures, rights-of-way, appraisals, etc.
A. Land
B. Structures
C. Rights-of-way
D. Appraisals (in kind land cc ntri utims)
3. Relocation expenses and payments*
A. Advisory assistance
B. Newly constructed (last resort)
C. Tenants
D. Owner-occupants
E. Businesses
F. Non-profit organizations
G. Farm operations
H. Relocation administration expenses
I. Costs incidental to land acquisition
J. Litigation expense
K. Appraisals (if not in 31 and if EDA is
participating in the cost of land)
4. Architectural and engineering fees
5. Other architectural and engineering fees
6. Project inspection fees
A. Audit cost
B. Resident inspection
8. Demolition and removal (only if under separate contract)
9. Construction (See pg 8 instructions Item 14
for requirements for Construction Cost Breakdown)
10. Equipment (only if under separate contract)
(Provide detailed list on separate sheet)
13. Contingencies (approximately f ive(5) percent depending on
type of project--if more or less, give justification)
16. Total Project Costs $
*P.L. 91-646 Relocation Assistance (See 49 CFR Part 24, Uniform
Relocation Assistance and Real Property Acquisition Regulation
for Federal and Federally Assisted Programs for explanation)
16 —
s F 10 AY ED•177 US.DEPARTMENT 09 COMM E ACE 0118 No.il•ar666
! T!1? .1Aa..11.10. ECONOMIC D EVaLOPMaNTAOMINIETAATION A9I10ealEylnofe►NAMr70,19r9
CERTIFICATE AS TO PROJECT SITE, RIGHTS-OF-WAY, AND EASEMENTS
�" Part Once
,p ry1•�°�w Cartifiata of Enginew
1,the undersigned Engineer,certify that I am familiar with the design of the
t air--•.
being constructed by the
rps 1r
as part of EDA
.cae 1 (No—of towaar)
i
Project Number and that all of such facilities will be constructed wholly within the land and
rights-of-way hereinafter described and existing public streets and roads.1 further artily that the land and righpof waY
being purchased as hereinafter described Is sufficient but not in excess of actual needs for this project as planned and
approved by the Owner.
1. Fee talk will be required for the following property(Describe land including area of acres presently owned and to be
1; -I
acquired):
,
2.The following easements and righu-of-way(Describe by courses and distances or by name of Owner,including area in
acres,however,omit existing public streets and roads):
5
ion..
3. The following railroad,highway or other permits(Describe location and name of permitter)will be required:
WITNESS MY HAND, this the day of 19--'
Registered,Professional Engineer
Address
City Sule
(TO BE COMPLETED BY ARCHITECT/EHGIHEER AND FORWARDED TO OWNER'S ATTORHEY)
^No opprueai.hall be{{teen to solicit eonnrucJon bids.nail the ann....bovorer has fu l.hed evidence udsf.aory to
the Government'how It has brained or con obtain all land,tiahu•ol•,sy,and casement seven ary m the completion of
the project. F.1)A Sund.td Tetras and Conditions putsuoot to 62 U.S,C. 101(x),aJ ID I(a),and 13 C.F.It.303.97.,
- - _ _ - uscouu.oc slsn•Irr .
..�.: .ry :�aNV.?1.r .+(�ee-V 'n'F! to i -�:�, StVaiv'{'..tY•4�}3'1Tf1f'Y .19!r'wTY 4�Y J�.`'.> T2-hH•4,e4y,'1F�\•r,7�'tKi •i•�.�rVM'�/'.:1lSNtf {"•��I4t1,fe�•(t4..l f�ba;YfaL:•`L<'§a,^;',�.
SAMPLE - ATTORNEY'S TITLE OPINION LETTER
(Revision No. 1, 1/8/92)
_ Economic Development Administration
915 Second Ave. , Room 1856
Seattle, Washington 98174
Re: EDA Project No. 07-
Dear Sir:
Please be advised that I am the attorney for applicant/cTrantee
I am familiar with certain real property consisting of approxi-
mately acres and for which applicant/grantee _ is
seeking a grant from your office to assist in description of
the EDA project This property, being all pro ert
the project will be situated or otherwise deemed necessary for
which
the project as determined by the engineer's letter/certificate
dated: , is more particularly described as follows:
Alternative A•
That property, easements or rights-of-way described in
the engineer's letter/certificate dated
hereto and incorporated herein by reference. attached
Alternative a:
(Insert legal property description here)
This will certify that I have examined the public records of
County, State of for a
period of time sufficient in my opinion to establish marketable
title. Based upon my exabination, I find that atipZicant/
grantee is vested with marketable, fee title to the above
described property and a valid ownership interest in the ease-
ments and rights-of-way described above, subject only to the
following liens, encumbrances and objections.
(List any liens, encumbrances or objections. If none, so
indicate.)
(Note: If any liens, encumbrances or objections are listed
here, the letter should state the following:
It is further my opinion that the above encumbrance(s) will
not adversely affect the project's purposes, the _applicant/
grantee 's ability to own, operate and maintain the project or
interfere with the project's contemplated construction.
Sincerely,
Attorney for
ACCEPTABLE
EXAMPLE TITLE OPINION LETTER
(Revision No. 1, 1/9/92)
Economic Development Administration
917 Second Ave. , Room 1856
Seattle, Washington 98174
Re: EDA Project No. 07-01-0000
Dear Sir:
Please be advised that I am the attorney for the City of Metro o-
lis in the above noted EDA project. p
I am familiar with certain real
property
mately 20 acres and for which the City ofcMetropolisois-seeking a
grant from your office to assist in developing said property into
an industrial park. This property, being all
property
the project will be situated or otherwise deemednecessarynforich
the project as determined by the engineer's certificate dated
December 25, 1991, is more particularly described as follows:
That property, easements or rights-of-way described in the
engineer's certificate dated December 25, 1991, a copy of
which is attached hereto and incorporated herein by
reference.
This will certify that I have examined the public records of the
Honolulu County, State of Hawaii for a period of time sufficient
in my opinion to establish marketable title [or have examined the
ALTA title insurance and title report dated October 1, 1991
issued by Title Title, Inc. for the above described real property
for a coverage amount of $500, 000 [grant amount] and which names
' the Economic Development Administration as insured, a copy of
which is attached] . Based upon my examination [Based upon the
title report] , ' I find that the City of Metropolis is vested with
marketable, fee simple title to the above described propet
a valid ownership interest in the easements and rights-ofrwayand
described above, subject only to the following encumbrance:
1. Easement in favor of The Electric Company for utilit
poses over the northern 100 feet of Lot 1. Y pur-
It is further my opinion that the above described easement will
not adversely affect the project's purposes, the City of Metropo-
lis' ability own, operate and maintain the
With the project's contemplated constructionroject or interfere
Sincerely,
Joe Blow,
Attorney for the City of Metropolis
ED-536 OMB Control Number 0610-0092
Expiration Date: 12/31/96
APPLICANT'S NAME:
PROJECT NUMBER:
Barden Hour_Staternent
This form be1'ow ss estzrrated:to take 20 hours to complete 2'ime'rgsZZ vary
depending upon the needs of the zrnaizvsdual case Atsy ommep#s on `:the
amount ';of tzte your regusre ';'to complete this form should be sent to the
Director, Complsanee Review Divzs�on, Enyxronmental Branch, Economic
Development Aimsnsstxatzan, Roam X7019 ;Department of Carrrmet' e, Washington,
D e 20230, and to the affsce of In. ormation and ReguZatoryt Affairs, ffsce
of ,2lanagement arias Budget, paperwork Reductsar� FzofeCt {06I0 0092
ashington, D C X0503 ::.. :.;;;.:::<.:.;;:::;::•.:.;.;;::.
APPLICANT CERTIFICATION CLAUSE
The Applicant represents and certifies that it has used due diligence to
determine that the description of the site described herein is accurate with
respect to the presence or absence of contamination from toxic or hazardous
substances. The term "site" includes the entire scope of the project, including
future phases of the project and all areas where construction will occur.
1. Is the site currently, or has it in the past fifty years,
been used for any of the following operations or
activities:
a) generation of hazardous substances and/or waste / /YES / /NO
b) treatment, storage (temporary or permanent),
or disposal of solid or hazardous substances
and/or waste / /YES / /NO
c) storage of petroleum products / /YES / /No
d) used/waste oil storage or reclamation units / /YES / /NO
e) research or testing laboratory / /YES / /NO
f) ordnance research, testing, production,
or storage / /YES / /NO
g) chemical manufacturing or storage / /YES / /NO
h) military weapons or ammunition training or
testing / /YES / /NO
i) iron works/foundry / /YES / /No
J) railroad yard / /YES / /No
k) industrial or manufacturing operation / /YES / /No
If any of the above operations ever occurred at the site, and appropriate
cleanup or other action was performed in accordance with the local, state
and Federal laws, provide documentation of such cleanup.
i
ED-536 PROJECT NUMBER:
2 -
2. Do wells draw water from an underlying aquifer to
provide the local domestic water supply? / /YES / /NO
3. Has a Federal, state or local regulatory authority
ever conducted an environmental assessment,
environmental impact statement, or a preliminary
assessment/site inspection, or similar environmental
survey or inspection report at the site? If yes,
provide copies of reports or result. / /YES / /NO
4. Have any environmental or OSHA citations or notices
of violation been issued to the facility? If yes,
provide copies. / /YES / /NO
5. Have any unpermitted releases of hazardous
substances occurred at the facility which
resulted in notification to the EPA's National
Response Center? If yes, what was the nature
of the release? / /YES / /NO
6. Is asbestos containing material currently in the
facility? If yes, describe. / /YES / /NO
7. Is there any equipment (electrical transformers,
etc.) containing polychlorinated biphenyls (PCB)
on the site? If yes, describe. / /YES / /NO
8. a. Are there underground storage tanks on the site? / /YES / /NO
b. If so, how many are there?
c. Have they been inspected for leaks within the
past year? If so, what were the results? / /YES / /NO
9. Has the facility been tested for radon?
If yes, provide results. / /YES / /NO
10. Have there been or are there now any environmental
investigations by Federal, state or local government
agencies on or which could affect the site in
question? If yes, provide available
information. / /YES / /NO
The applicant acknowledges that _th'is certification regarding hazardous
substances and/or waste is a material representation of fact upon which the
Government relies when executing this award.
The Government reserves'the right to terminate the award, if at any time
during the useful life of the project it becomes aware that hazardous substances
and/or waste are present thereon, or that such hazardous substances and/or waste
have been inappropriately handled thereon. Further, if it is determined at any
time that the presence of hazardous substances and/or waste, or inappropriate
handling thereof, has been misrepresented, the Government will utilize other
available legal remedies against the applicant.
Authorized Signature Title & Date
EXHIBIT VI-B-3b (a)
PRIMARY BENEFICIARIES ENVIRONMENTAL INFORMATION
Identify any existing businesses or major developments
that will benefit from the proposal, and those which
will expand or locate in the area because of the
project. These businesses or major developments
hereafter will be referred to as primary beneficiaries.
Provide information for each Primary Beneficiary using
following outline. Sampr responses are included.
1. Name, product and function of each beneficiary?
Sample Response: Woodcrafts, Inc. Assembly of pre-cut wood
products . Examples include: Produce crates ,
lattices desk drawers, and professional
standard easels. Materials are received
pre-cut and operations involve only assembly.
2. Indicate if new, existing or expanding location?
Sample Response : This is a new location. Woodcrafts has two
existing operations in the Tacoma and Portland
areas.
3. Type and quantities of air emissions associated with each
beneficiary and description of any equipment controlling air
emissions?
Sample Response: Air emissions involve only space heaters (two ,
rated at 30,000 BTU's each) that are fueled by
natural gas. No emissions controls are
required according to the State DNR. Some
particulate emissions will be generated by the
wood dust in the assembly and the storage area.
State regulations do-not require controls since
neither involve more than 100 lbs . of wood dust
per week. Storage is approximately 45 lbs. per
week, and pick up is. weekly by licensed hauler
who transfers it to the Podunk landfill which
is State approved (#4641) .
4. Type and quantities of waste water effluent and description of
any pre-treatment required?
29a -
EXHIBIT VI-B-3b (a) Continued
Sample Response : Waste water will include only domestic
strength effluent and once weekly cleaning of
assembly area. No process water is used.
Approximately 2 ,000 GPD of water will be used
except on cleaning (Friday) when an additional
500 GPD will be used. Podunk's sewage treatment
plant provides secondary treatment by means of
an aerated lagoon system. (NEPDS permit
#N-6585) . Mr. Davis (Ph. 555-5555) Podunk City
.engineer, has indicated .that the plant has an
excess capacity of 53,000 gpd, and that it can
adequately treat wood crafts effluent. No pre-
treatment is necessary according to Steve
$tevens, DNR, (555) 555-2222.
5. Type of quantities of solid waste and disposal method?
Sample Response: Some paper wastes from lunches and office
operations are the only solid wastes other than
those mentioned above (air emissions) . These
are also disposed of in the Podunk landfill.
6. Describe any toxic, hazardous , or radioactive substances which will
be used in operations or produced by the facilities; and describe
the manner in which these substances are stored, used, transported
or disposed? _
Sample Response: Some cleaning solvent (identify) is used to
pre -treat sections of wood used for easels.
Total 'amount will be about 10 gallons per day.
Storage is in the central storage cabinet.
No toxic or hazardous substances are produced.
The cleaning solvent is received monthly as a
routine part of materials shipments. (Office
supplies, etc. )
The State does not regulate this solvent in
quantities of less than 100 gallons.
29b -
�J
PART VI
INSTRUCTIONS FOR ENVIRONMENTAL EXHIBITS
Federal Agencies are required by law to independently assess the locate in the area because of the project. These businesses or
expected environmental impacts associated with proposed Fed- major developments hereafter will be referred to as primary
eral actions. It is extremely important that the information pro- beneficiaries. Identify the product and type of operation
vided be in sufficient detail to permit EDA to perform its evalua- performed or to be performed at the project location by each
tion. The information requested must be submitted with the primary beneficiary.
application. Failure to provide sufficient data will delay agency
review and a decision to formally review the application. If not (b) Area Description
previously submitted,include now. i. Describe the size, terrain, past and present land uses, cur-
There are no '"wrong'- answers that will jeopardize the project, so rent zoning and schedule for any future changes, as well as
please answer all items accurately. the adjacent land uses of the areas to be affected. Describe
properties on each boundary, giving approximate distance
This information request is designed to obtain an understanding of adjacent homes, schools, hospitals, residential or recrea-
of the area'5 present environmental condition and the project's tional facilities from boundaries. These areas include the
elements that will affect the environment. Should you believe that site(s) of construction activities, adjacent areas, and areas
an item does not apply to the project, consult with EDA's Eco- affected by the primary beneficiaries.
nomic Development Representative (EDR) for your area before
responding. In all cases when it is believed that an item is not it. A U.S. Geological Survey ""15 minute" (""7 1/2 minute" if
applicable,explain the reasons for this belief. available) topographic map which clearly delineates the area
and the location of the project elements as EXHIBIT VI-8-3
It is important to understand the comprehensive nature of the b(ii);
information rquested. Information must be provided for (a) the
site(s) where the project facilities will be constructed and the iii. The Federal Emergency Management Agency's floodplain
surrounding areas to be affected by its operation and (b) the areas map(s) for the project area as EXHIBIT VI-B-3b(iii) (If a
affected by any primary beneficiaries of the project. The amount floodplain map is not available, contact the EDR for addi-
of detail should be commensurate with the complexity and size of tional instructions relating to the requirements imposed by
the project, and the magnitude of the expected impact. Some the Floodplain Management Executive Order,);
examples are: ry Site photos as EXHIBIT VI-B-3b(tv);and
• A small community center project may not require detailed v. If available, an aerial photograph of the site as EXHIBIT
information on air emissions, meteorological conditions and VI-B-3b(v).
solid waste management.
• A water resource or industrial development project will require (c) Shorelines,Beaches and Dunes,Estuary,Wetlands
detailed information. Identify any shorelines, beaches, dunes, estuaries or wetlands
Item 1. Self explanatory. located within or adjacent to the project sites) Contact the
EDR for instructions relating to the requirements imposed by
Item 2a—A "designated flood hazard area" is an area identified the Floodplain Management and Wetlands Protection Execu-
by the Federal Emergency Management Agency (FEMA) as an tive Orders.
area having special flood hazards. (See Part V.**ASSURANCES" (d) Wildemess,Wild and Scenic Rivers
Number 12,for flood insurance requirements.)
i. Identify any wilderness, as designated or proposed under
Item 2b—If the project is located in a flood plain, attach as the Wilderness Act, located on or in the vicinity of the
EXHIBIT VI-B-2 a discussion of the project sites that were consid- project site(s).
ered as alternatives in order to avoid adverse effects and incom-
patible development in the flood plain and the practical measures it. Identify any wild or scenic river, as designated or proposed
that were taken consistent with State and Federal regulations for under the Wild and Scenic Rivers Act, located on or in the
floodproofing and flood protection in the design of the facility in vicinity of the project site(s).
order to minimize potential harm to the facility and the flood plain. (e) Air Quality
Item 3—Briefly describe the possible beneficial and/or harmful i. Provide available air quality data from the monitoring sta-
impact on the environment because of the proposed project in the tion(s) either within the project area or, if none exists, nearest
exhibits for this item. If an adverse environmental impact is antici- the project area.
pated, explain what action will be taken to minimize the impact.
Federal agencies are required by law to assess independently the it. Indicate the types and quantities of air emissions to be
expected environmental impacts associated with proposed Fed- produced by the project facilities and its primary beneficiaries.
eral actions. It is extremely important that the information pro- If odors will occur,indicate who will be affected.
vided be in sufficient detail to permit EDA to perform its evaluation. iii. Indicate if topographical or meteorological conditions hin-
Item 3b(1)—Environmental Impact Statement or Analysis der the dispersal of air emissions.
Compare the Environmental Impact Statement or Analysis with iv.Indicate the measures to be taken to control air emissions.
the information requested in the instructions for Item 3b(2) below (f) Water Quality
to be sure that every point is covered. Reference the location of
that information in the Statement for each item covered. Correct i. Provide available data on the water quality of surface or
any deficiencies/omissions in the information supplied and attach underground water in or near the project area.
to the document.
Item 3 document.
Environmental Narrative it. Indicate the source, quality, and available supply of raw
water and the amount of water which the project is designed
Provide responses to the following items in the order listed and to utilize.
attach as EXHIBIT VI-8-3b. "Environmental Narrative' iii. Describe all of the effluents or discharges associated with
(a) Primary Beneficiaries the project facilities and its primary beneficiaries Indicate
the expected composition and quantities of these discharges
Identify any existing businesses or major developments that prior to any treatment processes that they undergo and
will benefit from the proposal, and those which will expand or also prior to their release into the environment
FORM ED-540 (Rev. 7/92) 29 C
OMB Approval Expires August 31,1994
PART VI—INSTRUCTIONS—Continued
tv. Describe any treatment systems which will be used for (m) Construction
these effluents and indicate their capacities and their ade-
quacy in terms of the degree and type of treatment provid- Describe the methods which will be employed to reduce adverse
ed. Indicate all discharges which will not be treated. Describe impacts from construction, such as noise, soil erosion and
the receiving waters and their uses (e.g., recreational) for siltation.
any source of treated and untreated discharge.
v. If the treatment systems are or will be inadequate or (n) Toxic Substances
overloaded, describe the steps being taken for necessary i. Describe any toxic, hazardous, or radioactive substances
improvements,source of funding,and their completion dates. which will be utilized or produced by the project facilities
vi. Describe how surface runoff will be handled if not discussed in and its primary beneficiaries.
its above. ti. Describe the manner in which these substances will be
(9) Solid Waste Management stored,used,disposed or transported.
i. Indicate the types and quantities of solid wastes to be
produced by the project facilities and its primary beneficiaries. (o) Public Reaction
it. Describe methods for waste disposal plus remaining life of i.Describe any objections which have been made to the project.
landfills or receiving facility. ii. If a public hearing has been held, attach a Copy of the
iii. Indicate if recycling or resource recovery programs are or transcript as EXHIBIT VI-B-3o(ii). If not, certify that a hearing
will be used. was not held.
(h) Transportation iii. Indicate any other evidence of the community's awareness
i. Briefly describe the available transportation facilities serv- of the project, such as newspaper articles or public noti-
fication.
ing the project area.
u. Describe any new transportation patterns which will arise (p) Alternatives to the Proposed Project
because of the project. Provide a description of any of the following types of alterna-
iu. Indicate if any land uses, such as residential, hospitals, tives which were considered:
schools or recreational, will be affected by these new
patterns i. Alternative locations.
tv. Indicate if any existing capacities of these transportation ii.Alternative designs.
facilities will be exceeded. If so. indicate the increased iii.Alternative projects having similar benefits.
loads which the project will place upon these facilities,
particularly in terms of car and truck traffic. (q) Mitigation Measures
(t) Noise Describe any measures which will be taken to avoid or miti-
i. Indicate the major source of noise associated with the proj- gate any adverse environmental impacts associated with the ect facilities and its primary beneficiaries. project.
u.Indicate the land uses to be affected by this noise. (r) Permits
0) Historic/Archeological Properties i. Identify any permits of an environmental nature which are
i. Identify any known his resources within needed for the project.
the project area that are either listed on the National Register ii. Indicate the status of obtaining each such permit and attach
of Historic Places or considered to be of local and State as EXHIBIT VI-B-3r(ii)any that have been received.
significance and perhaps eligible for listing in the National
Register. Item 4—State Historic Preservation Officer
it. Attach as EXHIBIT Vf-B-3j(ii) any historic/archeological sur- Applicants are required to provide the State Historic
vey that has been conducted for the project area. Preservation Officer (SHPO) with (a) a narrative description
(k) Wildlife Resources of the Project's elements and its location, (b) a map of
the area surrounding the project which identifies the
t. Identify wildlife and wildlife refuges located in the project project site, adjacent streets and other identifiable objects,
area or its immediate vicinity. (c) line drawings or sketches of the project and, (d)
so. Indicate whether any endangered or threatened species or photographs of the affected properties if building demoli-
critical habitats have been identified in the project area or its tion or renovation is involved. This material should be
immediate vicinity, submitted to the SHPO prior to the submission of the
(1) Energy application to EDA. Additionally, the SHPO must be
requested to submit comments on the proposed project
i. Describe the energy supplies available to the project facilities to the appropriate EDA Regional Office. If the SHPO
and the primary beneficiaries. comments have been received, they should be attached
it, Indicate what portion of the remaining capacities of these as EXHIBIT VI-8-4.
supplies will be utilized. Item 5.Self explanatory.
30
FORM ED-540(Rev. 7/92)
OMB Approval Expires August 31,1994
PART V - ASSURANCES
NOTE: Certain of these assurances may be not be applicable to your project or
program. If you have questions, please contact the awarding agency. Further,
certain Federal 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 4. Will comply with the requirements
for Federal assistance, and the of the assistance awarding agency
institutional, managerial and with regard to the drafting,
financial capability (including review and approval of construc-
funds sufficient to pay the non- tion plans and specifications.
Federal share of project costs) to
ensure proper planning, management 5. Will provide and maintain competent
and completion of the project and adequate engineering super-
described in this application. vision at the construction site to
ensure that the completed work con-
2. Will give the awarding agency, the forms with the approved plans and
Comptroller General of the United specifications and will furnish
States, and if appropriate, the progress reports and such other
State, through any authorized information as may be required by
representative, access to and the the assistance awarding agency or
right to examine all records, State.
books, papers, or documents related
to the assistance; and will estab- 6. Will initiate and complete the
lish a proper accounting system in work within the applicable time
accordance with generally accepted frame after receipt of approval of
accounting standards or agency the awarding agency.
directives.
7. Will establish safeguards to pro-
3. Will not dispose of, modify the use hibit employees from using their
of, or change the terms of the real positions for a purpose that
property title, or other interest constitutes or presents the appear-
in the site and facilities without ance of personal or organizational
permission and instructions from conflict of interest, or personal
the awarding agency. Will record gain.
the Federal interest in the title
of real property in accordance with 8. Will comply with the Intergovern-
awarding agency directives and will smental Personnel Act of 1970 (42
include a covenant in the title of ; U.S.C. SS 4728-4763) relating to
real property acquired in whole or prescribed standards for merit
in part with Federal assistance systems for programs funded under
funds to assure nondiscrimination one of the nineteen statutes or
during the useful life of the regulations specified in Appendix
project. A of OPM's Standards for a Merit
System of Personnel Administration
(5 C.F.R. 900, Subpart F) .
FORM ED-540(Rev. 7/92) 21
OMB Approval Expires August 31.1994
9• Will comply with the Lead-Based drug abuse patient records; (h)
Paint Poisoning Prevention Act (42 Title VIII of the Civil Rights Act
U.S.C. SS 4801 et seq.) which pro- of 1968 (42 U.S.C. S 3601 et seq.)
hibits the u,se of lead based paint as amended, relating to non-
in construction or rehabilitation discrimination in the sale, rental
of residential structures. or financing of housing; (i) any
other non-discrimination provision
10. Will comply with all Federal in the specific statute(s) under
statutes relating to non- which application for Federal
discrimination. These include but assistance is being made; and (j)
are not limited to: (a) Title VI the requirements of any other non-
of the Civil Rights Act of 1964 discrimination Statute(s) which
(P.L. 88-352) which prohibits dis- may apply to the application.
crimination on the basis of race,
color or national origin; (b) Title 11. Will comply, or has already
IX of' the Education Amendments of complied, with the requirements of
1972, as amended (20 U".S.C. SS Titles II and III of the Uniform
1681-1683, and 1685-1686) which Relocation Assistance and Real
prohibits discrimination on the Property Acquisition Policies Act
basis of sex; and Section 112 of of 1970 (P.L. 91-646) and Title IV
P.L. 92-65 which prohibits sex of the Surface Transportation and
discrimination in PWEDA programs; Uniform Relocation Assistance Act
(c) Section 504 of the Rehabilita- of 1987 (P.L. 100-17) which pro-
tion Act of 1973, as amended (29 provides for fair and equitable
U.S.C. S 794) which prohibits treatment of persons displaced or
discrimination on the basis of whose property is acquired as a
handicaps; (d) the Age Discrimi- result of Federal and federally
nation Act of 1975, as amended (42 assisted programs. These require-
U.S.C. SS 6101-6107) which prohi- ments apply to all interests in
bits discrimination on the basis real property acquired for project
of age; (e) the Drug Abuse Office purposes regardless of Federal
and Treatment Act of 1972 (P.L. participation in purchases.
93-255) , as amended, relating to
non-discrimination on the basis of 12. Will comply with the provisions of
drug abuse; (f) the Comprehensive the Hatch Act (5 U.S.C. SS
Alcohol Abuse and Alcoholism Pre- 1501-1508 and 7324-7328) which
vention, Treatment and Rehabilita- limit the political activities of
tion Act of 1970 (P.L. 91-616) , as employees whose principal employ-
amended,- relating to nondiscrimina- ment activities are funded in
tion on the basis of alcohol abuse whole or in part with Federal
or alcoholism; (g) SS 523 and 527 funds.
of the Public Health Service Act
of 1912 (42 Q.S.C. 290 dd-3 and
290 ee-3) ,i as amended, relating to
confidentiality of alcohol and
FORM ED-540 (Rev. 7/92) 22
OMB Approval Expires August 31.1994
13. Will comply, as applicable, with Clean Air Act of 1955, as amended
the provisions of the Davis-Bacon (42 U.S.C. S 7401 et seq.) ; (g)
Act (40 U.S.C. SS 276a to 276a-7) , protection of underground sources
the Copeland Act (40 U.S.C. S 276c of drinking water under the Safe
and 18 U.S.C. S 874) , the Contract Drinking Water Act of 1974, as
Work Hours and Safety Standards amended, (P.L. 93-523) ; (h) pro-
Act (40 U.S.C. SS 327-333) tection of endangered species under
regarding labor standards for the Endangered Species Act Of 1973,
federally assisted construction as amended, (P.L. 93-205) ; (i)
subagreements. assurance of project compliance
with all existing environmental
14. Will comply, if possible, with the laws and policies in accordance
flood insurance purchase require- with the Environmental Quality
ments of Section 102(a) of the Improvement Act, as amended, (42
Flood Disaster Protection Act of U.S.C. 4374) ; (j) protection of
1973 (P.L. 93-234) which requires navigable waters, fish' and wildlife
recipients in a special flood under the Federal Water Pollution
hazard area to participate in the Control Act, as amended, (33 U.S.C.
program and to purchase flood 1251, et seq.) ; (k) improvement of
insurance if the total cost of solid and hazardous waste manage-
insurable construction and acquisi- ment in accordance with Resource
tion is $10,000 or more. Conservation and Recovery Act of
1976, as amended, (42 U.S.C. 6901) ;
15. Will comply with environmental (1) control of noise under the
standards which may be prescribed Noise Control Act of 1972, as
pursuant to the following: (a) amended, (P.L. 92-574) ; (m) provi-
institution of environmental sions for hazardous substances
quality control measures under the cleanup and emergency response
National Environmental Policy Act pursuant to the Comprehensive
of 1969 (P.L. 91-190) and Executive Environmental Response, Compensa-
Order (E.O.) 11514; (b) notifica- tion and Liability Act of 1980, as
tion of violating facilities amended, (42 U.S.C. 9601 et seq.) ;
pursuant to E.O. 11738; (c) protec- (n) conservation and management of
tion of wetlands pursuant to F.O. fish and wildlife, particularly
11990; (d) evaluation of flood nongame, under the Fish and
hazards in floodplains in accor- Wildlife Conservation Act, as
dance with E.O. 11988; (e) assur- amended, (16 U.S.C. 2901 et seg.) ;
ance of project consistency with (o) preservation of prime farmland
the approved State management pro- for agricultural g purposes under
gram developed under the Coastal the Farmland Protection Policy Act
Zone Management Act of 1972 (16 of 1981 (7 U.S.C. 4201 et seq.) ;
U.S.C. SS 1451 et seg.) ; (f) (p) protection of the natural
conformity of Federal actions to resources pursuant to the Coastal
State (Clean Air) Implementation Barrier Resources Act of 1982, as
Plans under Section 176(c) of the amended, (16 U.S.C. 3501 et seq.) ;
FORM ED-540 (Rev. 7/92) 23
OMB Approval Expires August 31,1994
(q) protection of marine environ- 20. Will require the facility to be
ment under the Marine Protection, designed to comply with the
Research and Sanctuaries Act of "American Standard Specifications
1972, as amended, P.L. 92-532; (r) for Making Buildings and Facilities
regulation of testing and proces- Accessible to, and Usable by, the
sing of chemicals under the Toxic Physically Handicapped," Number
Substances Control Act, as amended, A117.1-1961, as modified (41 CFR
P.L. 94-469; and (s) protection of 101-17.703) . The applicant will
all species of Wildlife resources be responsible for conducting
and their habitat under the Fish inspections to insure -compliance
and Wildlife Coordination Act, as with these specifications by the
amended, P.L. 89-72. contractor.
16. Will comply with the Wild and 21. (Not applicable to State and Local
Scenic Rivers Act of 1968 (16 Governments)
U.S.C.' SS 1271 et seq.) related to In consideration of EDA making a
protecting components or potential grant and/or loan requested by an
components of the national wild Applicant which is a business
and scenic rivers system. enterprise, for this project, it
agrees that for a period of two
17. Will assist the awarding agency in years after disbursement by EDA of
assuring compliance with Section said grant and/or loan or any part
106 of the National Historic Pre- thereof, it will not employ or
servation Act of 1966, as amended tender any office or employment
(16 U.S.C. 470) , E.O. 11593 to, or retain for professional
(identification and preservation services, any person who, on the
of historic properties) , and the date of such disbursement, or
Archaeological and Historic within one ear
y prior to said
Preservation Act of 1974 (16 date, shall have served as an
U.S.C. 469a-1 et seg.) . officer, attorney, or agent or
employee of EDA occupying a
18. Will cause to be performed the position or engaged in activities
required financial and compliance which EDA has determined involves
audits in accordance with the discretion with respect to the
Single Audit Act of 1984. granting of assistance under the
Public Works and Economic Develop-
19. Will operate and maintain the ment Act of 1965, as amended.
facility in accordance with the
minimum standards as may be 22. Will comply with P. L. 93-348
required or prescribed by the regarding the protection of human
applicable Federal, State and subject invovled in reseach,
local agencies for the maintenance development, and related activities
and operation of such facilities. supported by this award of assis-
tance.
FORM ED-540(Rev. 7/92) 24
OMB Approval Expires August 31,1994
23. Will comply with the Laboratory laws, Executive Orders, regulations
Animal Welfare Act of 1966 (P.L. and policies governing this
89-544, as amended, 7 U.S.C. 2131 program.
et seq.) pertaining to the care,
handling, and treatment of warns 25. Will comply, or has already
blooded animals held for research, complied, with the Drug-Free
teaching, or other activities Workplace Act of 1988, P.L.
supported by this award of assis- 100-690, Title V, Subtitle D,
tance. and 15 CFR Part 26 (54FR 4946,
January 31, 1989, 54 FR 6363,
24. Will comply with all applicable February 9, 1989) .
requirements of all other Federal
S!GNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
FORM ED-540(Rev. 7/92) 25
OMB Approval Expires August 31.1994
TITLE IX SUPPLEMENTAL ASSURANCES
FOR GRANT UNDER TERMS OF TITLE IX OF THE
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED,
HEREINAFTER KNOWN AS THE "ACT"
THE APPLICANT ASSURES THAT:
The grant will not have the purpose and effect of replacing the
efforts of the Economic Adjustment Program of the Department of
Defense.
Each project to be funded under Title IX is consistent with the
purpose of Title IX of the Act.
The projects included in the plan will be properly and
efficiently administered, operated, and maintained.
Assistance under the Act does not reduce or diminish the total or
proportional amount of any other federal assistance to which the
applicant is entitled.
Any plan developed under this grant shall be consistent with
planning goals and objectives which may have been developed under
Section 302 of the Act.
If the Grantee is redistributing a grant to a private profit
making entity, no part of that grant will be distributed to such
private profit making entity in the form of a subgrant.
The project is not primarily or essentially designed to serve a
particular firm or industry. Approval will not violate Section
702 of the Act.
This project will not include facilities for the generation,
transmission, or redistribution of electrical energy for the
production and transmission of gas.
Any building or facility financed in whole or in part by any
funds provided under Title IX will be designed, constructed, or
altered so as to assure ready access to and use of such building
or facility by the physically handicapped.
The project to be funded will be adequately safe from flood
damage.
No federal funds are included in the 25% or more non-federal
grantee share.
26a -
TITLE IX SUPPLEMENTAL ASSURANCES
Page 2
If the grant is to be used to fund public facilities, either
directly or through redistribution, the public facility must be
reasonably related to the purpose of Title IX.
If the grant is to be used to fund business development, either
directly or through redistribution, the business development must
be reasonably related to the purpose of Title IX.
If the grant is to be used to fund planning, research, and
techiiical assistance, either directly or through redistribution,
these activities must be reasonably related to the purpose of
Title IX.
If grant funds are redistributed through loans, the proceeds from
the repayment of the loans will be used for economic adjustment
in a manner consistent with Title IX.
The grant will not be used for assisting enterprises to relocate
from one labor area to another.
Pertinent past or ongoing research has been used in evaluating
the merits of and need for the proposed project.
The project is not designed primarily or essentially to serve
establishments engaged in the apparel or garment trades within
the textile industry or in similar highly mobile, intensely
competitive industries.
Funds for the project will not be used to cover the costs of work
performed or services provided prior to the effective date of the
grant.
The grant and project are not to be of substantial proprietary
benefit to a private individual , for-profit corporation, or other
business organization.
The application is not also being considered by another
organization or Federal agency; and full disclosure has been made
of any other financial assistance which was received or is being
sought from other agencies, organizations, groups, or other
bodies for the same or a closely related proposal.
The project is not directed toward an increase in the productive
capacity for goods or services by a specific identifiable
enterprise (either existing or proposed) where there is npt
sufficient demand for such goods or services to employ the
efficient capacity of other existing competitive commercial or
industrial enterprises.
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TITLE IX SUPPLEMENTAL ASSURANCES
Page 3
The application has been reviewed by the appropriate state,
district, or area economic development organization.
Applicant Name
Signature and Title of Official Date of Signature
Authorized to Bind Applicant to
these Assurances
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