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(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 43.21 C), 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
<br /> Mitigation Project Grant Agreement Page 12 of 29 City of Everett, D22-024 Revised
<br /> Form 4/17/2020
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