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Public Assistance Grant Agreement Page 10 of 21 Kittitas County, D20-189
<br />A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
<br />The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not
<br />responsible for determining compliance with, any and all applicable federal, state, and local laws,
<br />regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not
<br />limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by
<br />Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41
<br />CFR chapter 60); Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of
<br />Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
<br />Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the
<br />Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
<br />regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
<br />Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy
<br />Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities
<br />Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of
<br />1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended),
<br />Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant
<br />Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing
<br />Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
<br />Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Relate d Building
<br />Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
<br />and safety and health regulations.
<br />DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
<br />accordance with all the applicable current federal, state and local laws, rules and regulations.
<br />In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
<br />applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
<br />cancel, or terminate the Agreement in whole or in part in its sole discretion.
<br />The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with
<br />applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />A.10 CONFLICT OF INTEREST
<br />No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
<br />or its designees or agents; no member of the governing body of the jurisdiction in which the project is
<br />undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
<br />responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
<br />gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
<br />performed in connection with the project assisted under this Agreement.
<br />The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
<br />provision prohibiting such interest pursuant to this provision.
<br />A.11 CONTRACTING & PROCUREMENT
<br />a.The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
<br />any contracts with contractors or sub-contractors that are entered into under the original contract
<br />award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
<br />procurement standards through 200.326 Contract Provisions.
<br />As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
<br />this Agreement must include the following provisions, as applicable:
<br />1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the
<br />inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
<br />Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
<br />administrative, contractual, or legal remedies in instances where contractors violate or breach contract
<br />terms, and provide for such sanctions and penalties as appropriate.
<br />2) All contracts in excess of $10,000 must address termination for cause and for convenience by the
<br />non-Federal entity including the manner by which it will be effected and the basis for settlement.
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