Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 27 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: 1. 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. 38. 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: 1. Engage in severe forms of trafficking in persons during the contract period, including all extensions or while Contract/Task Order is in effect, 2. Procure a commercial sex act during the Contract or Task Order period, including all extensions, or 3. Use forced labor in the performance of Contract or Task Order or any sub agreements thereunder. 39. FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS This flows down to all third-party participants regardless of tier or value of the sub agreement. Transactions Prohibited: A. The Contractor agrees to certify that, prior to entering into this Contract or any Lower Tier Agreement with any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the Contractor will obtain from the prospective Lower Tier Participant a certification that the Lower Tier Participant — 1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a