25D - ENERGY EFFICIENCY IMPROVEMENTS

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Section 5. GRANT FINANCING AND ASSURANCES A. This Agreement is contingent upon City's receipt of Energy Efficiency and Conservation Block Grant Funding (EECBG) in an amount equal to or greater than the Scope of Work. If the City has not received the initial deposit of EECBG funds within forty-five (45) days from the execution of this Agreement, this Agreement shall be null and void. This forty-five (45) day period may be extended as mutually agreed upon in writing by both parties. In the event that the Agreement becomes null and void as described in the preceding paragraph and City authorized Contractor to proceed with Scope of Work, City shall be obligated to reimburse Contractor for the Work performed up to and including the date that the Work is terminated. The Contractor is not required to proceed with any of the Work until such authorization to proceed is provided to the Contractor by the City. B. Contractor shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing the EECBG program, including the following: 1. Registration Requirements Contractor shall maintain current registration in the Center Contractor Registration (http//www.ccr.gov) at all times during which it is contracting to provide services funded with ARRA funds. 2. Nondiscrimination and Affirmative Action Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America and the State of California, as set forth in the Contractor Certifications, attached hereto as Exhibit D. In performing this Agreement, Contractor shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. 3. Contractor shall comply with the Buy American provisions (Sec. 1605), of the ARRA, by requiring that all iron, steel and manufactured goods used in the Scope of Work are produced in the United States, except as provided therein. 4. DAMS-BACON ACT. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.). Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll 25D-9