RUS Bulletin, 1780-12, Grant Agreement

RUS Bulletin 1780-12

Water and Waste System Grant Agreement
United States Department of Agriculture
Rural Utilities Service

THIS AGREEMENT dated _______________ , _______, between
_________________________________________________________________________________________
a public corporation organized and operating under
_________________________________________________________________________________________
(Authorizing Statute)
herein called ``Grantee,'' and the United States of America acting through the Rural Utilities Service, Department
of Agriculture, herein called ``Grantor,'' WITNESSETH:
WHEREAS
Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement
of a (water) (waste) system to serve the area under its jurisdiction at an estimated cost of $ _________________
and has duly authorized the undertaking of such project.
Grantee is able to finance not more than $ ________________________ of the development costs through
revenues, charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user
charge.
Said sum of $ __________________________ has been committed to and by Grantee for such project
development costs.
Grantor has agreed to grant the Grantee a sum not to exceed $_________________________ or _____ percent
of said project development costs, whichever is the lesser, subject to the terms and conditions established by the
Grantor. Provided, however, that the proportionate share of any grant funds actually advanced and not needed
for grant purposes shall be returned immediately to the Grantor. The Grantor may terminate the grant in whole,
or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to
comply with the Conditions of the grant.
As a condition of this grant agreement, the Grantee assures and certifies that it is in compliance with and will
comply in the course of the agreement with all applicable laws, regulations, Executive orders and other generally
applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incorporated into this
agreement by reference, and such other statutory provisions as are specifically set forth herein.
NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to
Section 306(a) of The Consolidated Farm and Rural Development Act for the purpose only of defraying a part
not to exceed _______ percent of the project development costs, as defined by applicable Rural Utilities Service
instructions.
Grantee Agrees That Grantee Will:
A. Cause said project to be constructed within the total sums available to it, including said grant, in
accordance with the project plans and specifications and any modifications thereof prepared by Grantee and
approved by Grantor.

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B. Permit periodic inspection of the construction by a representative of Grantor during construction.
C. Manage, operate and maintain the system, including this project if less than the whole of said system,
continuously in an efficient and economical manner.
D. Make the services of said system available within its capacity to all persons in Grantee's service area
without discrimination as to race, color, religion, sex, national origin, age, marital status, or physical or mental
handicap (possess capacity to enter into legal contract for services) at reasonable charges, including
assessments, taxes, or fees in accordance with a schedule of such charges, whether for one or more classes of
service, adopted by resolution dated _________________, _____, as may be modified from time to time by
Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such
modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory.
E. Adjust its operating costs and service charges from time to time to provide for adequate operation and
maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves.
F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in
the area within its jurisdiction.
G. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its
operations by a representative of the Grantor.
H. To execute any agreements required by Grantor which Grantee is legally authorized to execute. If
any such agreement has been executed by Grantee as a result of a loan being made to Grantee by Grantor
contemporaneously with the making of this grant, another agreement of the same type need not be executed in
connection with this grant.
I. Upon any default under its representations or agreements set forth in this instrument, Grantee, at the
option and demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated
herein above with the interest at the rate of 5 percentum per annum from the date of the default. Default by the
Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the
grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to
prior waivers by it previous defaults of Grantee, by judicial proceedings to require specific performance of the
terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as
may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the
laws and regulations under which this grant is made.
J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually
advanced and not needed by Grantee for approved purposes.
K. Use the real property including land, land improvements, structures, and appurtenances thereto, for
authorized purposes of the grant as long as needed.
1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the
real property for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other
projects when the Grantee determines that the property is no longer needed for the original grant
purposes. Use in other projects shall be limited to those under other Federal grant programs or programs
that have purposes consistent with those authorized for support by the Grantor.

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3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request
disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency
shall observe the following rules in the disposition instructions:
(a) The Grantee may be permitted to retain title after it compensates the Federal Government in
an amount computed by applying the Federal percentage of participation in the cost of the original
project to the fair market value of the property.
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor
agency. When the Grantee is authorized or required to sell the property, proper sales procedures
shall be established that provide for competition to the extent practicable and result in the highest
possible return.
[Revision 1, 04/17/1998]
(c) The Grantee may be directed to transfer title to the property to the Federal Government
provided that in such cases the Grantee shall be entitled to compensation computed by applying
the Grantee's percentage of participation in the cost of the program or project to the current fair
market value of the property.
This Grant Agreement covers the following described real property (use continuation sheets as necessary).

L. Abide by the following conditions pertaining to equipment which is furnished by the Grantor or acquired
wholly or in part with grant funds. Equipment means tangible, non-expendable, personal property having a
useful life of more than one year and an acquisition cost of $5,000 or more per unit. A grantee may use its own
definition of equipment provided that such definition would at least include all equipment defined above.
[Revision 1, 04/17/1998]
1. Use of equipment.
(a) The Grantee shall use the equipment in the project for which it was acquired as long as needed.
When no longer needed for the original project, the Grantee shall use the equipment in connection
with its other Federally sponsored activities, if any, in the following order of priority:
(1) Activities sponsored by the Grantor.
(2) Activities sponsored by other Federal agencies.
(b) During the time that equipment is held for use on the property for which it was acquired, the
Grantee shall make it available for use on other projects if such other use will not interfere with the
work on the project for which the equipment was originally acquired. First preference for such other
use shall be given to Grantor sponsored projects. Second preference will be given to other
Federally sponsored projects.

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2. Disposition of equipment. When the Grantee no longer needs the equipment as provided in paragraph
(a) above, the equipment may be used for other activities in accordance with the following standards:
(a) Equipment with a current per unit fair market value of less than $5,000. The Grantee may use
the equipment for other activities without reimbursement to the Federal Government or sell the
equipment and retain the proceeds.
(b) Equipment with a current per unit fair market value of $5,000 or more. The Grantee may retain
the equipment for other uses provided that compensation is made to the original Grantor agency or
its successor. The amount of compensation shall be computed by applying the percentage of
Federal participation in the cost of the original project or program to the current fair market value or
proceeds from sale of the equipment. If the Grantee has no need for the equipment and the
equipment has further use value, the Grantee shall request disposition instructions from the original
Grantor agency.
The Grantor agency shall determine whether the equipment can be used to meet the agency's
requirements. If no requirement exists within that agency, the availability of the equipment shall be
reported, in accordance with the guidelines of the Federal Property Management Regulations
(FPMR), to the General Services Administration by the Grantor agency to determine whether a
requirement for the equipment exists in other Federal agencies. The Grantor agency shall issue
instructions to the Grantee no later than 120 days after the Grantee requests and the following
procedures shall govern:
(1) If so instructed or if disposition instructions are not issued within 120 calendar days after
the Grantee's request, the Grantee shall sell the equipment and reimburse the Grantor
agency an amount computed by applying to the sales proceeds the percentage of Federal
participation in the cost of the original project or program. However, the Grantee shall be
permitted to deduct and retain from the Federal share ten percent of the proceeds for
Grantee's selling and handling expenses.
(2) If the Grantee is instructed to ship the equipment elsewhere the Grantee shall be
reimbursed by the benefiting Federal agency with an amount which is computed by applying
the percentage of the Grantee participation in the cost of the original grant project or
program to the current fair market value of the equipment, plus any reasonable shipping or
interim storage costs incurred.
(3) If the Grantee is instructed to otherwise dispose of the equipment, the Grantee shall be
reimbursed by the Grantor agency for such costs incurred in its disposition.
3. The Grantee's property management standards for equipment shall also include:
(a) Records which accurately provide for: a description of the equipment; manufacturer's serial
number or other identification number; acquisition date and cost; source of the equipment;
percentage (at the end of budget year) of Federal participation in the cost of the project for which
the equipment was acquired; location, use and condition of the equipment and the date the
information was reported; and ultimate disposition data including sales price or the method used to
determine current fair market value if the Grantee reimburses the Grantor for its share.
(b) A physical inventory of equipment shall be taken and the results reconciled with the equipment
records at least once every two years to verify the existence, current utilization, and continued need
for the equipment.

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(c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or
theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully
documented.
(d) Adequate maintenance procedures shall be implemented to keep the equipment in good
condition.
(e) Proper sales procedures shall be established for unneeded equipment which would provide for
competition to the extent practicable and result in the highest possible return.
This Grant Agreement covers the following described equipment(use continuation sheets as necessary).

M. Provide Financial Management Systems which will include:
1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting
will be on an accrual basis.
2. Records which identify adequately the source and application of funds for grant-supported activities.
Those records shall contain information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
3. Effective control over and accountability for all funds, property and other assets. Grantees shall
adequately safeguard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
N. Retain financial records, supporting documents, statistical records, and all other records pertinent to
the grant for a period of at least three years after grant closing except that the records shall be retained beyond
the three-year period if audit findings have not been resolved. Microfilm or photo copies or similar methods may
be substituted in lieu of original records. The Grantor and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any books, documents, papers, and records of the
Grantee's government which are pertinent to the specific grant program for the purpose of making audits,
examinations, excerpts and transcripts.
O. Provide information as requested by the Grantor to determine the need for and complete any
necessary Environmental Impact Statements.
P. Provide an audit report prepared in accordance with Grantor regulations to allow the Grantor to
determine that funds have been used in compliance with the proposal, any applicable laws and regulations and
this Agreement.
Q. Agree to account for and to return to Grantor interest earned on grant funds pending their
disbursement for program purposes when the Grantee is a unit of local government. States and agencies or
instrumentality’s of states shall not be held accountable for interest earned on grant funds pending their
disbursement.

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R. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or
acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in
item K above.
S. To include in all contracts for construction or repair a provision for compliance with the Copeland
``Anti-Kick Back'' Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3).
The Grantee shall report all suspected or reported violations to the Grantor.
T. To include in all contracts in excess of $100,000 a provision that the contractor agrees to comply with
all the requirements of the Clean Air Act (42 U.S.C. §7414 ) and Section 308 of the Water Pollution Control Act
(33 U.S.C. §1318) relating to inspection, monitoring, entry, reports, and information, as well as all other
requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act
and all regulations and guidelines issued thereunder after the award of the contract. In so doing the Contractor
further agrees:
[Revision 1, 11/20/1997]
1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from
the Environmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of
the contract is under consideration to be listed on the EPA list of Violating Facilities. Prompt notification is
required prior to contract award.
2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is
not listed on the EPA list of Violating Facilities pursuant to 40 CFR Part 32 as of the date of contract
award.
[Revision 1, 11/20/1997]
3. To include or cause to be included the above criteria and the requirements in every nonexempt
subcontract and that the Contractor will take such action as the Government may direct as a means of
enforcing such provisions.
As used in these paragraphs the term ``facility'' means any building, plan, installation, structure, mine, vessel or
other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator,
contractor, or subcontractor, to be utilized in the performance of a grant, agreement, contract, subgrant, or
subcontract. Where a location or site of operation contains or includes more than one building, plant, installation,
or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal
Activities, Environmental Protection Agency, determines that independent facilities are co-located in one
geographical area.
Grantor Agrees That It:
A. Will make available to Grantee for the purpose of this Agreement not to exceed
$__________________ which it will advance to Grantee to meet not to exceed _______ percent of the project
development costs of the project in accordance with the actual needs of Grantee as determined by Grantor.
B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems
appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer
and water and with any State or area plans for the area in which the project is located.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release,
satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration,
upon such terms and conditions as Grantor may determine to be (1) advisable to further the purpose of the grant
or to protect Grantor's financial interest therein and (2) consistent with both the statutory purposes of the grant
and the limitations of the statutory authority under which it is made.

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Termination of This Agreement
This Agreement may be terminated for cause in the event of default on the part of the Grantee as
provided in paragraph I above or for convenience of the Grantor and Grantee prior to the date of completion of
the grant purpose. Termination for convenience will occur when both the Grantee and Grantor agree that the
continuation of the project will not produce beneficial results commensurate with the further expenditure of funds.
In witness whereof Grantee on the date first above written has caused these presence to be executed by
its duly authorized
_________________________________________________________________________
attested and its corporate seal affixed by its duly authorized
_________________________________________________________________________
Attest:
_________________________________________________________________________
By _____________________________________________________________________
(Title) ___________________________________________________________________
By ______________________________________________________________________
(Title) ___________________________________________________________________
UNITED STATES OF AMERICA
RURAL UTILITIES SERVICE
By _____________________________________________________________________
(Title)