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A.10
<br />A.11
<br />CFR Part 3); Davis -Bacon Act (40 U S.C. 276a to 276a-7) as supplemented by Department of Labor
<br />regulations (29 CFR Part 5); Clean Air Act (42 U.S C. 1857(h), section 508 of the Clean Water Act (33
<br />U S C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
<br />S ections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C. 327-330) as
<br />supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act
<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 />S ection 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 />CONFLICT OF INTEREST
<br />N o officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
<br />o r its designees or agents; no member of the governing body of the jurisdiction in which the project is
<br />u ndertaken 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.
<br />The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
<br />provision prohibiting such interest pursuant to this provision.
<br />CONTRACTING & PROCUREMENT
<br />a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
<br />any contracts with contractors or sub -contractors that are entered into under the original contract award.
<br />The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement
<br />standards through 200.327, Contract Provisions.
<br />As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
<br />this Agreement must include the following provisions, as applicable:
<br />1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
<br />determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
<br />Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
<br />legal remedies in instances where contractors violate or breach contract terms, and provide for such
<br />sanctions and penalties as appropriate.
<br />2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
<br />non -Federal entity including the manner by which it will be effected and the basis for 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 />Mitigation Project Grant Agreement — REV 8/8/23 Page 14 of 30
<br />City of Everett, D25-042-Revised
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