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<br /> B. Open to the public.Facilities open and accessible to the general public must:
<br /> 1. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,
<br /> Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code,
<br /> the Americans with Disabilities Act,and the Architectural Barriers Act,as updated.
<br /> 2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
<br /> 3. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the
<br /> type of area or facility.
<br /> SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
<br /> A corporate sponsor,including any nonprofit sponsor,shall:
<br /> A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the
<br /> sponsor's obligation to the project as identified in the Agreement.
<br /> B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations.Within 30 days of
<br /> dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.
<br /> A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms
<br /> and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified
<br /> successor if requirements are met.
<br /> C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only).
<br /> SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
<br /> The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified
<br /> in Section G:Federal Fund Information.
<br /> A. Equal Employment Opportunity.Except as otherwise provided under 41 C.F.R.60,all contracts that meet the definition of
<br /> "federally assisted construction contract"in 41 C.F.R.§60-1.3 must include the equal opportunity clause provided under 41
<br /> C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 Fed.Reg.12319, 12935,3
<br /> C.F.R.1964, 1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal
<br /> Employment Opportunity,"and implementing regulations at 41 C.F.R.§60,"Office of Federal Contract Compliance Programs,
<br /> Equal Employment Opportunity,Department of Labor."
<br /> Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for
<br /> construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
<br /> Government pursuant to any Federal program involving a grant,contract,loan,insurance,or guarantee,or undertaken pursuant
<br /> to any Federal program involving such grant,contract,loan,insurance,or guarantee,or any application or modification thereof
<br /> approved by the Government for a grant,contract,loan,insurance,or guarantee under which the applicant itself participates in
<br /> the construction work.(41 C.F.R.§60-1.3)
<br /> Construction work means the construction,rehabilitation,alteration,conversion,extension,demolition or repair of buildings,
<br /> highways,or other changes or improvements to real property,including facilities providing utility services.The term also includes
<br /> the supervision,inspection,and other onsite functions incidental to the actual construction.(41 C.F.R.§60-1.3)
<br /> B. Davis-Bacon Act, as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction
<br /> contracts in excess of$2,000 awarded by non-Federal entities(sponsors)must include a provision for compliance with the
<br /> Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.§5,
<br /> "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
<br /> In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the
<br /> prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to
<br /> pay wages not less than once a week.The non-Federal entity(sponsor)must place a copy of the current prevailing wage
<br /> determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be
<br /> conditioned upon the acceptance of the wage determination.The non-Federal entity(sponsor)must report all suspected or
<br /> reported violations to the Federal awarding agency identified in Section G:Federal Fund Information.
<br /> The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as
<br /> supplemented by Department of Labor regulations(29 C.F.R Part 3,"Contractors and Subcontractors on Public Building or Public
<br /> Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or
<br /> subrecipient(sponsor)must be prohibited from inducing,by any means,any person employed in the construction,completion,or
<br /> repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity
<br /> (sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G:Federal Fund
<br /> Information.
<br /> RCO 14-1274D7 6 Page 15 of 28
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