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Agenda Packet_2022-03-01
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Agenda Packet_2022-03-01
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3/1/2022
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<br />City of Santa Ana RFP 22-009A <br />Page 21 <br /> <br />Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state <br />and local laws and regulations pertaining to labor standards insofar as those acts apply to the <br />performance of this Agreement. The CONTRACTOR agrees to comply with the Copeland Anti-Kick <br />Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at <br />29 CFR Part 5. The CONT RACTOR shall maintain documentation that demonstrates compliance with <br />hour and wage requirements of this part. Such documentation shall be made available to the CITY for <br />review upon request. <br /> <br /> P. Equal Employment Opportunities. CONTRACTOR shall make every effort to ensure <br />that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment <br />opportunities for minorities and women. <br /> <br /> Q. Women and Minority-Owned Businesses (W/MBE). CONTRACTOR will use its best <br />efforts to afford small businesses, minority business enterprises, and women’s business enterprises <br />the maximum practicable opportunity to participate in the performance of this Agreement in accordance <br />with the requirements of 2 CFR 200.321 “Contracting with small and minority businesses, women’s <br />business enterprises, and labor surplus area firms”. As used in this Agreement, the term “small <br />business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, <br />as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at <br />least fifty-one percent (51%) owned and controlled by minority group members or women. For the <br />purpose of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish <br />surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. CONTRACTOR <br />may rely on written representations by businesses regarding their status as minority and female <br />business enterprises in lieu of an independent investigation. <br /> <br /> R. Drug Free Workplace. CONTRACTOR agrees to provide a drug-free workplace and to <br />execute a certification as set forth in Exhibit F attached hereto and incorporated herein by this <br />reference. <br /> <br /> S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for <br />Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 <br />et al. CONTRACTOR shall procure all materials, property, or services in accordance with the <br />requirements of 2 CFR 200.318-326. <br /> <br />III. CITY'S OBLIGATIONS <br /> <br /> A. Audit of Account. CITY shall include an audit of the account maintained by <br />CONTRACTOR in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of <br />Federal Regulations and other applicable federal laws and regulations. <br /> <br /> B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day <br />operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the <br />grant program requirements and monitors grant and subgrant supported activities to assure <br />compliance with federal requirements. Such monitoring covers each program, function and activity <br />and performance goals are reviewed periodically. <br /> <br /> C. Project Expectations: CITY shall monitor the performance of CONTRACTOR against <br />goals and performance standards required herein. The CONTRACTOR shall be responsible to <br />accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If <br />City Council 17 –24 3/1/2022
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