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SAMPLE <br /> <br /> <br />withhold or cause to be withheld, from any moneys payable on account of work performed by the <br />Consultant or subcontractor under any such contract or any other Federal contract with the <br />Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the Consultant, such sums as may be determined to be necessary <br />to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages <br />as provided in the clause set forth in paragraph (iii) of this section. <br />(iv) Subcontracts. The Consultant or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant <br />shall be responsible for compliance b y any subcontractor or lower tier subcontractor with the <br />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 $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 Water <br />Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each <br />violation to the City and understands and agrees that the City will, in turn, report each violation as <br />required to assure notification to the Federal awarding agency and the appropriate Environmental <br />Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in <br />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 />RFP No. 23-099A Digital Marquees for Multiple Locations Page 34 of 61