A TRUE COPY
<br />'.'ER T IFICATION ON LAST PAGE
<br />HN L. BUTLER, CLERK
<br />V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
<br />Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
<br />1973);
<br />vi. United States Executive Order (EO) 13166 (federal agencies required to ensure that recipients of federal
<br />financial assistance take reasonable steps to provide meaningful access to their programs and activities
<br />by Limited English Proficiency (LEP) persons).
<br />vii. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.),
<br />including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
<br />pregnancy, national origin, age, handicap, or marital status).
<br />c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
<br />d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
<br />any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
<br />Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
<br />responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
<br />Agreement.
<br />24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
<br />This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
<br />Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
<br />there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
<br />or after expiration of the waiver.
<br />If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
<br />infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
<br />following provisions:
<br />a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
<br />from the initial melting stage through the application of coatings, occurred in the United States;
<br />b. All manufactured products used in the project are produced in the United States -this means the manufactured
<br />product was manufactured in the United States; and the cost of the components of the manufactured product
<br />that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
<br />components of the manufactured product, unless another standard for determining the minimum amount of
<br />domestic content of the manufactured product has been established under applicable law or regulation; and
<br />c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
<br />the construction material occurred in the United States.
<br />The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
<br />into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
<br />temporary scaffolding, brought to the construction site and removed at or before the completion of the
<br />infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
<br />chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
<br />are not an integral part of the structure or permanently affixed to the infrastructure project.
<br />25. Investing in America
<br />Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
<br />Inflation Reduction Act, including the following provision:
<br />a. Signage Requirements
<br />a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
<br />sites supported in whole or in part by this award displaying the official Investing in America
<br />emblem and must identify the project as a "project funded by President Biden's Bipartisan
<br />Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
<br />applicable. The sign must be placed at construction sites in an easily visible location that can be
<br />directly linked to the work taking place and must be maintained in good condition throughout the
<br />construction period.
<br />The recipient will ensure compliance with the guidelines and design specifications provided by
<br />EPA for using the official Investing in America emblem available at:
<br />h!Ms://www.0a.gov/invest/investing-america-signage.
<br />b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
<br />recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
<br />Attachment 1-C
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<br />Rev. 3/21/2025
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