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A.9
<br />A,10
<br />39.12), State Environryg!!?lPolicyAct (RCW_43.21C), Shoreline ManagementActof 1971 (RCW 90.58),
<br />State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19,27A1, Frovisions in
<br />Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations,
<br />ln the event of noncompliance or refusalto comply with any applicable law, regulation, executive order,
<br />OMB Circular or policy.by the Subrecipient, its contractors or subrecipients, thebepartment may rescind,
<br />cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
<br />responsible for all costs or liability arising from its failure, and that of its contractors and subrecipienls, to
<br />comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />CO.NFLICT OF INTEREST
<br />No officer or employee of the Department; no member, ofiicer, or employee of the Subrecipienl or its
<br />designees or agents; no member of the governing body of the jurisdittion in which the project is
<br />undertaken or located; and no other official of the Subrecipient who exercises any tunbtitins or
<br />responsibilities with respect to the project during his or her tenure, shall have any personil or pecuniary
<br />gain or interest, direct or indirect, in any contract, subcontract, or the proceeds-thereof, for work to b6
<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 subawards, a
<br />provision prohibiting such interesl pursuant to this provision.
<br />CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award of
<br />any contracts with contractors or subcontractors that are entered into under the original
<br />agreement award. The procurement process followed shall be in accordance with 2 CFR part
<br />200.318 General procurement standards through 20A326 Contract provisions.
<br />As required by Appendix ll 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) Contracls for more than the simplified acquisition threshold currently set at $250,000, which
<br />is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
<br />the Defense Acquisition Regulations Council (Councils) as authoiized.by 41U.S,C. 1909,
<br />must address administrative, contractual, or legal remedies in instances where contractors
<br />violate or breach contract terms, and provide for such sanctions and penalties as appropriate.2l All contracts in excess of $10,000 must address termination for cause and for convenience
<br />by the non-federal entity including the manner by which it will be affected and the basis for
<br />settlement.
<br />3) Equal Employment Opportunity. Except as othensise provided under 41 CFR Part 60, all
<br />contracts that meet the definition of 'federally assisted construction contract" in 41 CFR Part
<br />60-1.3 must include the eq_ual opportunity clause provided under 41 CFR 60-1.4(b), in
<br />accordance with Executive Order 11246, "Equal Emptoyment Qpportunitl' (30 FR 1'2319,
<br />12935,3 CFR Part, 196u1-1965 Comp., p.339), as amended by Executive'order 11gZS,
<br />"Amending Executive Qrder 11246 Relating to Equal Employment Oppoftunity," and
<br />implementing regulations at 41 CFR part 60, "Office of Federat Contract Compliance
<br />Prog nms, Eq ual Employme nt O ppoftun ity, Department of Labor.',
<br />4) Davis-Bacon Act, as amended (40 U.S,C, 3141-3148). When required by Federal program
<br />legislation, all prime construction contracts in excess of $2,000 award-ed by non_feieral
<br />entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
<br />3144, and _3146-3148) as supplemented by Department of Labor regulations (29 CFR part
<br />5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
<br />Assrsfed Construction"). ln accordance with the statute, contractois must berequired to pay
<br />wages to laborers and mechanics at a rate not less than the prevailing wages s:pecified in i
<br />wage determination made by the Secretary of Labor. ln addition, conlractors must be
<br />required to pay nage! not less than once a week. The non-federal entity must place a copy
<br />of the current prevailing wage determination issued by the Departrnent of Labor in eabtr
<br />solicitation. The decision to award a contract or subcontract must be conditioned upon the
<br />acceptance of the wage determination, The non-federal entity must report all suspected or
<br />reported violations to the federal awarding agency. The contrac.ts must also include a
<br />provision for compliance with the Copeland 'Anti-Kickback" Act (40 U.S.C. 3145), as
<br />DHS.FEMA-HSGP.SHS P.FFY2O Page 13 of41 Kittitas, County ot, E21-O82
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