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A.10 COMPLIANCE WITH APPLICABLE STATU T ES. RULES A N D DEPA RT ME NT POU Cl ES
<br />The Subrecipient and all its contractors and subrecipients shall comply with, and the
<br />Department is not responsible for determining compliance with, any and all applicable
<br />federal, state, and local laws, regulations, executive orders, 0MB Circulars, and/or
<br />policies . This obligation includes, but is not limited to: nondiscrimination laws and/or
<br />policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
<br />with Disabilities Act (ADA), Age Discrimination Act of 1975 , Title VI of the Civil Rights Act
<br />of 1964, Civil Rights Act of 1968, the Robert T . Stafford Disaster Relief and Emergency
<br />Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
<br />Covenant Against Contingent Fees ( 48 CFR Section 52.203-5), Public Records Act (RCW
<br />42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
<br />(RCW 43 .21 C), Shoreline Management Act of 1971 (RCW 90 .58), State Building Code
<br />(RCW 19.27), Energy Related Building Standards (RCW 19.27 A), Provisions in Buildings
<br />for Aged and Handicapped Persons (RCW 70 .92), and safety and health regulations.
<br />In the event of noncompliance or refusal to comply with any applicable law, regulation,
<br />executive order, OMS Circular or policy by the Subrecipient, its contractors or
<br />subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
<br />or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
<br />arising from its failure, and that of its contractors and subrecipients, to comply with
<br />applicable laws, regulations, executive orders, OMS Circulars, or policies.
<br />A 11 CONTRACTING & PROCUREMENT
<br />a. The Subrecipient shall use a competitive procurement process in the procurement and
<br />award of any contracts with contractors or sub-contractors that are entered into under the
<br />original contract award. The procurement process followed shall be in accordance with
<br />2CFR Part 200.318 General procurement standards through 200.326 Contract Provisions.
<br />As required by Appendix 11 to 2 CFR Part 200, all contracts entered into by the Subrecipient
<br />under this Agreement must include the following provisions, as applicable:
<br />1) Contracts for more than the simplified acquisition threshold currently set at $150,000,
<br />which is the inflation adjusted amount determined by the Civilian Agency Acquisition
<br />Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41
<br />U.S.C. 1908, must address administrative , contractual, or legal remedies in instances
<br />where contractors violate or breach contract terms, and provide for such sanctions and
<br />penalties as appropriate.
<br />2) All contracts in excess of $10,000 must address termination for cause and for
<br />convenience by the non-Federal entity including the manner by which it will be effected
<br />and the basis for settlement.
<br />3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
<br />all contracts that meet the definition of "federally assisted construction contract" in 41 CFR
<br />Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),
<br />in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
<br />12319 , 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
<br />11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
<br />and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
<br />Programs, Equal Employment Opportunity, Department of Labor."
<br />4) Davis-Bacon Act, as amended (40 U.S .C. 3141-3148). When required by Federal
<br />program legislation, all prime construction contracts in excess of $2,000 awarded by non-
<br />Federal entities must include a provision for compliance with the Davis-Bacon Act (40
<br />U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
<br />(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
<br />Financed and Assisted Construction"). In accordance with the statute, contractors must
<br />be required to pay wages to laborers and mechanics at a rate not less than the prevailing
<br />wages specified in a wage determination made by the Secretary of Labor. In addition,
<br />contractors must be required to pay wages not less than once a week. The non-Federal
<br />DHS-FEMA-HSGP-SHSP-FFY15 Page 14 of 26 Kittitas County Sheriffs Office, E16-071
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