2023/05/10 Council Agenda Packet

The following clauses and certifications (collectively, "ARPA Contract Clauses") will be incorporated into contracts under the requirements of the American Rescue Plan Act ("ARPA"). The term "Contract" shall refer to a purchase order agreement between the City of Everett ("City") and Contractor, including without limitation the Standard Terms and Conditions and the ARPA Contract Clauses. In case of conflict between these ARPA Contract Clauses and the Standard Terms and Conditions, the ARPA Contract Clauses shall take precedence. 1. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS• A. Contractor agrees to comply with the requirements of section 603 of section 603(c) of the Social Security Act (the "Act"), as added by section 9901 of ARPA regulations adopted by the U.S. Department of Treasury ("Treasury") pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this Contract. B. Federal regulations applicable to this Contract include, without limitation, the following: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to the funds awarded to the City of Everett (' City") under ARPA, and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. • Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F R. Part 25 is hereby incorporated by reference. • Reporting Subaward and Executive Compensation Information, 2 C.F R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R Part 170 is hereby incorporated by reference. • OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non - procurement), 2 C F R Part 180 including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19 • Contractor Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference and applies to grant awards over $150,000. • Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20, which states, "Drug -free workplace means a site for the performance of work done in connection with a specific award at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance." • New Restrictions on Lobbying, 31 C.F.R. Part 21. • Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations and which applies to the acquisition of real Page 3 of 24