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Agenda Packet_2024-05-21
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Agenda Packet_2024-05-21
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Clerk of the Council
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5/21/2024
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shall be responsible for compliance by 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 Q — 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 11 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 tier <br /> 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, <br /> or o1bqyAftLM@4ibited from participation 19Jffec9r cMi#gthe requirements aboS�21 }2iltant <br />
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