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Mitigation Project Grant Agreement Page 12 of 29 City of Everett, D22-024 Revised
<br />Form 4/17/2020
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<br />(PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination
<br />Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster
<br />Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2
<br />CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR
<br />Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12),
<br />State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State
<br />Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
<br />for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
<br /> DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
<br />accordance with all the applicable current federal, state and local laws, rules and regulations.
<br /> In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
<br />applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
<br />cancel, or terminate the Agreement in whole or in part in its sole discretion.
<br /> The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable
<br />laws, regulations, executive orders, OMB Circulars or policies.
<br />A10. CONFLICT OF INTEREST
<br /> No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
<br />or its designees or agents; no member of the governing body of the jurisdiction in which the project is
<br />undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
<br />responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
<br />gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
<br />performed in connection with the project assisted under this Agreement. The SUBRECIPIENT shall
<br />incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
<br />interest pursuant to this provision.
<br />A.11 CONTRACTING & PROCUREMENT
<br />a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award
<br />of any contracts with contractors or sub-contractors that are entered into under the original
<br />contract award. The procurement process followed shall be in accordance with 2CFR Part
<br />200.318 General procurement standards through 200.326 Contract Provisions.
<br />As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT
<br />under this Agreement must include the following provisions, as applicable:
<br />1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is
<br />the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
<br />Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
<br />address administrative, contractual, or legal remedies in instances where contractors violate or
<br />breach contract terms, and provide for such sanctions and penalties as appropriate.
<br />2) All contracts in excess of $10,000 must address termination for cause and for convenience by
<br />the non-Federal entity including the manner by which it will be effected and the basis for
<br />settlement.
<br />3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
<br />contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
<br />1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
<br />with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
<br />1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
<br />11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
<br />60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
<br />Department of Labor.”
<br />4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
<br />legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
<br />must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
<br />3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
<br />Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
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