2021/10/27 Council Agenda Packet

Federal Transit Administration Clauses 36. CONTRACTOR'S RESPONSIBILITY TO EXTEND FEDERAL REQUIREMENTS TO LOWER TIER PARTICIPANTS In certain circumstances, the Contractor's compliance with specific federal requirements depends on compliance by its lower tier participant(s) and therefore: A. General. The Contractor agrees to ensure that its lower tier participant(s) will comply with applicable federal requirements and follow applicable federal guidance. B. Performance of the Contractor's Responsibilities. If a lower tier participant is expected to fulfill any responsibilities typically performed by the Contractor, the Contractor agrees to ensure that the lower tier participant will carry out the Contractor's responsibilities in compliance with federal requirements, and provide enough information to each lower tier participant so that they understands that they will be expected to follow federal guidance. C. Risk. As provided in 2 CFR Part 1201, which incorporates by reference 2 CFR Part 200, the Contractor agrees to evaluate the risk involved before awarding an underlying agreement to any entity. D. Lower tier agreements. To comply with federal requirements, the Contractor agrees to enter into a written agreement with each lower tier participant in its underlying agreement and must include all appropriate provisions stating the lower tier participant's responsibilities to assure the Contractor's capability to comply with applicable federal requirements and guidance and specifying the responsibilities that the lower tier participant will fulfill on the Contractor's behalf. E. Notice to lower tier participants. The Contractor agrees to include notice in each lower tier agreement that: Federal requirements that apply to the Contractor or are included in the Contract/Task Order, the accompanying underlying agreement, and any amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in this Contract/Task Order or the Contractors underlying agreements including any information incorporated by reference and made part of that underlying agreement; and Applicable changes to those federal requirements will apply to this Contract/Task Order and the Contractor's underlying agreements and parties thereto at any tier. 37. TRAFFICKING OF PERSONS a. Contractor agrees to comply and assures the compliance of each Lower Tier Participant with: Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended, 22 U.S.C. § 7104(g); and the terms of this section, which have been derived from U.S. OMB regulatory guidance, "Award Term for Trafficking in Persons," 2 CFR Part 175, per U.S. OMB's direction. b. Contractor further agrees that it and its employees that participate in this Contract/Task Order shall not: 27