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or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be
<br /> prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to
<br /> give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all
<br /> suspected or reported violations to the Federal awarding agency.
<br /> Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
<br /> contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions.
<br /> Does offeror agree? N/A Initials of Authorized Representative of offeror
<br /> (E) Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the
<br /> non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision
<br /> for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under
<br /> 40 U.S.C.3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
<br /> basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the
<br /> worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess
<br /> of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
<br /> laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous
<br /> or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
<br /> the open market,or contracts for transportation or transmission of intelligence.
<br /> Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
<br /> compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all
<br /> contracts by Participating Agency resulting from this procurement process.
<br /> Does offeror agree?1l.A_ Initials of Authorized Representative of offeror
<br /> (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
<br /> agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
<br /> business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,
<br /> developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the
<br /> requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
<br /> Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding
<br /> agency.
<br /> Pursuant to Federal Rule (F) above,when federal funds are expended by Participating Agency,the offeror certifies that during the
<br /> term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror agrees to comply with
<br /> all applicable requirements as referenced in Federal Rule(F)above.
<br /> Does offeror agree? N/A Initials of Authorized Representative of offeror
<br /> (G)Clean Air Act(42 U.S.C.7401.7671q.)and the Federal Water Pollution Control Act(33 U.S.C.1251.1387),as amended—
<br /> Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award
<br /> to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-
<br /> 7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387).Violations must be reported to the
<br /> Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA)
<br /> Pursuant to Federal Rule(G)above,when federal funds are expended by Participating Agency,the offeror certifies that during the
<br /> term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees
<br /> to comply with all applicable requirements as referenced in Federal Rule(G)above.
<br /> Does offeror agree? YES Initials of Authorized Representative of offeror
<br /> (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)must not be
<br /> made to parties listed on the government wide exclusions in the System for Award Management(SAM),in accordance with
<br /> the Executive Office of the President Office of Management and Budget(OMB) guidelines at 2 CFR 180 that implement
<br /> Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
<br /> Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as
<br /> well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
<br /> Pursuant to Federal Rule (H) above,when federal funds are expended by Participating Agency,the offeror certifies that during the
<br /> term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that neither
<br /> it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br /> participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes
<br /> debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal
<br /> Version April 12,2022
<br /> City Council 11 — 92 3/3/2026
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