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A.9 COMPLIANCE WITH A LICABLE STATUTES, RULES AND f 'ARTMENT POLICIES
<br /> The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not
<br /> responsible for determining compliance with, any and all applicable federal, state, and local laws,
<br /> regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not
<br /> limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by
<br /> Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41
<br /> CFR chapter 60); Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of
<br /> Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
<br /> Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the
<br /> Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
<br /> regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
<br /> Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy
<br /> Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities
<br /> Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of
<br /> 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended),
<br /> Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant
<br /> Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing
<br /> Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
<br /> Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
<br /> Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
<br /> 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
<br /> applicable laws, regulations, executive orders, OMB Circulars or policies.
<br /> A.10 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.
<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 /> A.11 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
<br /> award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
<br /> 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 under
<br /> this Agreement must include the following provisions, as applicable:
<br /> 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
<br /> inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
<br /> Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
<br /> administrative, contractual, or legal remedies in instances where contractors violate or breach contract
<br /> 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 the
<br /> non-Federal entity including the manner by which it will be effected and the basis for settlement.
<br /> Public Assistance Grant Agreement Page 10 of 21 City of Everett, D16-640
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