2016-08-22-minutes-public-works-study-session

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12. FY2011 ACORN Funding Restrlctlon. No funds provided under this Agreement maybe used for sub-awanislsub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. 13. Disadvantaged Business ErNerprlse Requirements, General Compliance. The sponsor agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 C.F.R_ Part 33, 14. Sub-Awarda. if the sponsor makes sub -awards under this Agreement, the sponsor Is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. The sponsor agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); c- Ensure that any sub4 wards comply with the standards to 2 C.F.R. Part 200, and are not used to acquire commercial goods or services for the sub-swardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardeas, and ensure sub -awarders comply with all applicable regulations, statutes, and terms and conditions which flow down In the sub -award; f- Obtain RCO'a consent before making a sub -award to a foreign or international organization, or a sub -award to be perforated in a foreign country; and g. Obtain approval from RCO for any new sub award work that Is not outlined in the approved work plan in accordance with 40 C.F.R. Parts 3025 and 31.30, as applicable. 15. Federal Employees. No Subcontract or grard funds may be used to provide any Federal Employee transportation assistance, reimbursement, and any other expense. 16- FlyAmeri s Act The sponsor agrees to comply with 49 U.S.C. 40118 (the `Fly Americo" act) in accordance with the General ServicesAdministratior?a regulations at 41 C.F.R. Part 301-10, which provide that recipients and subreclplents of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier Is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, If a foreign air carrier was used, an appropriate cartific ation or memorandum adequately explaining why service by U.S. Seg air carrier was not available or why it was necessary to use a foreign air carrier and shall, In any event, provide a cerfiflcate of compliance with the FlyAmerica requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 5962), Including but riot limited to the regulatory provisions of 40 G.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also Section 27: Provisions for Federal Subawards Only. 18. Copeland "Anil-KickbaW Act All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrectpients shall include a provision for compliance with the Copeland "Anti gckbaek" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed er Whole or In Part by Loans or Grants from the United Stateal. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. 19. Davis Baeen Act, as amended (40 U.S.C. 276a to a4)- When required by Federal program leglslatian, all construction contracts awarded by the recipients and subredpients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Underthis Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less then once a week. The recipient shall place a copy of the current prevailing wage determination Issued by the Department of Labor in each solicitation and the award of a Contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27. Provisions for Federal Subawards Only, RCO 16-1860C Page 19 of 23