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4 <br /> <br />Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor <br />with the clauses set forth in paragraphs (ii) through (v) of this Section. <br />(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or <br />Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § <br />401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit <br />organization regarding the substitution of parties, assignment or performance of experimental, <br />developmental, or research work under that “funding agreement,” the Consultant must comply <br />with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations <br />and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” <br />and any implementing regulations issued by the awarding agency.. <br />(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control <br />Act: <br />(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all <br />applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 <br />U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands <br />and agrees that the City will, in turn, report each violation as required to assure notification to the <br />Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, <br />and (3) Consultant agrees to include these requirements in each subcontract exceeding <br />$150,000. <br />(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees <br />to comply with all applicable standards, orders or regulations issued pursuant to the Federal <br />Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report <br />each violation to the City and understands and agrees that the City will, in turn, report each <br />violation as required to assure notification to the Federal awarding agency and the appropriate <br />Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these <br />requirements in each subcontract exceeding $150,000. <br />(h) Appendix II to Part 200 (H) – Debarment and Suspension: <br />(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 <br />and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its <br />principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are <br />excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). <br />(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C and must include a requirement to comply with these regulations in any lower <br />tier covered transaction it enters into. <br />(iii) This certification is a material representation of fact relied upon by City. If <br />it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. <br />pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may <br />pursue available remedies, including but not limited to suspension and/or debarment. <br />(iv) Consultant warrants that it is not debarred, suspended, or otherwise <br />excluded from or ineligible for participation in any federal programs. Consultant also agrees to <br />verify that all subcontractors performing work under this Agreement are not debarred, disqualified,