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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />M. Drug Free Workplace. <br />Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the <br />Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. <br />N. American Rescue Plan Act (ARPA) of 2021. <br />If this Agreement relies on ARPA federal funds, then the following shall apply: <br />Recipients shall provide their Unique Entity Identifier (UEI) and any other financial <br />information requested in the sam.gov financial registration process to the Commission <br />prior to Agreement execution. <br />ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI -Committee of Finance <br />Subtitle M; Section 9901. <br />iii. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). <br />iv. Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). <br />V. US Department of Treasury, Compliance and Reporting Guidance State and Local <br />Recovery Funds, as amended. <br />O. Build America, Buy America (BABA) provision of the Infrastructure Investment and Jobs <br />Act (IIJA) of 2021. (117 P.L. 58). <br />If federal funds are awarded to be used in this Agreement for any project involving construction, <br />alteration, maintenance, or repair of infrastructure in the United States, and if the project involves <br />infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to roads, <br />highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; <br />intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, <br />including drinking water and wastewater systems; electrical transmission facilities and systems; <br />utilities; broadband infrastructure; and buildings and real property; then: <br />All iron and steel, manufactured products, and construction materials used in the project <br />must be produced in the United States. <br />ii. The BABA provision applies to all articles, materials, and supplies consumed in, <br />incorporated into, or affixed to an infrastructure project for federal awards on or after May <br />14, 2022. <br />iii. All subcontractors, successors, or assignees to this Agreement will be held to the same <br />requirements as the original Parties to this Agreement. <br />iv. The BABA provision does not apply to tools, equipment, and supplies brought to the <br />construction site and removed at or before completion of the infrastructure project. Nor <br />does the BABA provision apply to equipment and furnishings used at or within the <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 34 <br />