14-Exhibit 1 - Federal Provisions.pdf

Rev. 3.30.2026

Exhibit 1

Additional Applicable Federal Contract Provisions

For Contracts Funded with Community Development Block Grant – Disaster Recovery Funds Awarded to Hillsborough County Under the Disaster Relief Appropriations Act, 2025 (Pub. L. 118-158) for Hurricanes Helene and Milton

Work to be provided under this AGREEMENT which is federally funded is subject to the applicable Federal contract provisions found under 2 CFR 200 and its Appendix, as well as other provisions relating to Community Development Block Grant (CDBG) and CDBG- Disaster Recovery (CDBG-DR) grants, including but not limited to the Community Development Block Grant Disaster Recovery Universal Notice: Waivers and Alternative Requirements at 90 Fed. Reg. 1754, as amended by HUD Memorandum 25-02 (published March 19, 2025) and HUD Memorandum 25-03 (published on March 31, 2025).

For purposes of these provisions, the terms “Contractor” or “Contractors” shall be interpreted as referring to the PROFESSIONAL, the terms “County” and “Hillsborough County” shall be interpreted as referring to the “COUNTY” and the term “contract” shall be interpreted to refer to this AGREEMENT.

1. Federal Changes: Contractor shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, and all applicable laws and regulations related to the CDBG-DR funds provided under this AGREEMENT, as they may be amended or promulgated from time to time during the term of this AGREEMENT.

2. Federal Agency Seals, Logos and Flags: The Contractor shall not use any Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without specific federal agency preapproval.

3. No Obligation by Federal Government: The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from this

AGREEMENT.

4. Drug Free Workplace Requirements (Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), 2 CFR § 182): Required in the Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub L 100-690, Title V, Subtitle D). To the extent applicable, Contractor must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988.

5. Conflict of Interest (2 CFR § 200.112): The Contractor shall abide by the provisions of 24 CFR § 570.611 and 2 CFR § 200.112. The Contractor shall maintain no present or future financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this AGREEMENT as indicated in 2 CFR §

200.318. The Contractor further covenants that in the performance of this AGREEMENT, no person having such a financial interest shall be employed or retained by the Contractor hereunder.

The Contractor must disclose in writing any potential conflict of interest to the County or pass through entity in accordance with applicable Federal policy. Further, the County is required to maintain conflict of interest policies as it relates to procured contracts.

6. Mandatory Disclosures (31 U.S.C. §§ 3799 – 3733): Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this AGREEMENT. The Contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

7. Hatch Act (5 U.S.C. § 1501, et seq.) / Byrd Amendment (31 U.S.C. § 1352): The Contractor agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. The Contractor shall not use any portion of the Project Budget or personnel employed to carry out the AGREEMENT for political activities, inherently religious activities, lobbying, political patronage, or nepotism activities.

8. Byrd Anti-Lobbying Prohibition (31 U.S.C. § 1352): Contractors who apply or bid for an award exceeding $100,000 must file the required certification. The Contractor’s signed certification is attached hereto as Appendix A. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(a) No funds or other resources received under this AGREEMENT may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.

(b) The Contractor certifies that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

3. Contractor shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this paragraph above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

9. Debarment and Suspension (2 CFR § 200.214): Contractors with Hillsborough County are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

A contract award (see 2 CFR § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

10. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR § 200.216): Contractor and any subcontractors are prohibited from obligating or spending grant funds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or (3) enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Pub. L. 115-232, section 889, covered telecommunications equipment means any of the following: i. telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country.

11. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (2 CFR § 200.321):

(a) To the extent enforceable and /or as may be amended during the term of the contract, Contractors will take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible.

(b) Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

12. Domestic preferences for procurements (2 CFR § 200.322):

(a) As appropriate and to the extent consistent with law, Hillsborough County should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

13. Procurement of recovered materials (2 CFR § 200.323)

Hillsborough County and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

14. Access to Records and Reports and Reporting Requirements

The Contractor, including all of its employees or agents, contractors, subcontractors, and consultants will make available to HUD, HUD’s Office of Inspector General, the

Government Accountability Office, the Comptroller General of the United States, Hillsborough County, Hillsborough County Clerk of Court’s Inspector General, or any of their duly authorized representatives, any books, documents, papers or other records, including electronic records, of the contractor that are pertinent to the County’s grant award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. The right also includes timely and reasonable access to the contractor’s personnel during normal business hours for the purpose of interview and discussion related to such documents. “Reasonable” shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.

The Contractor shall include the aforementioned recordkeeping requirements in all approved contracts, subcontracts, and assignments.

The Contractor shall complete and submit all reports, in such form and according to such schedule, as may be required by the County, and shall cooperate with the County’s efforts to comply with HUD requirements and regulations relating to reporting.

15. Record Retention (2 CFR § 200.333)

Contractor will retain all required records pertinent to this contract for a period of three years, beginning on a date as described in 2 CFR § 200.333 and retained in compliance with 2 CFR § 200.333, or longer if required by the AGREEMENT.

16. Safeguarding Personal Identifiable Information (2 CFR § 200.82)

Contractor will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality.

17. Employment Eligibility Verification (E-Verify)

(a) Pursuant to Florida Statutes Section 448.095, the Contractor (and its subcontractors) are required to utilize the United States Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. The E-Verify system is an Internet-based system operated by DHS that allows participating employers to electronically verify the employment eligibility of newly hired employees.

(b) Pursuant to Florida Statutes Section 448.095, the Contractor must obtain an affidavit from its subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor is required to maintain a copy of such affidavit for the duration of the contract period and shall provide the County with a copy of such affidavit within three (3) business days of the County’s request for said affidavit.

(c) Contractor is advised that pursuant to Florida Statutes Section 448.095, the County is required to terminate this AGREEMENT if it has a good faith belief that the Contractor knowingly violated Florida Statutes Section 448.09(1); whereupon the Contractor will not be eligible for award of a public contract for at least one (1) year from the date of such termination.

(d) Contractor is advised that pursuant to Florida Statutes Section 448.095, if the County has a good faith belief that a subcontractor knowingly violated Florida Statutes Section 448.095(2) (but that the Contractor has otherwise complied with said Florida Statute), that the County is required to promptly notify the Contractor of such violation and order the Contractor to immediately terminate its contract with the applicable subcontractor.

18. Legally Authorized Workforce

18.1 Contractor is advised that the County has entered into an agreement (the IMAGE Agreement) with U.S. Immigration and Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE. Accordingly, by entering into this AGREEMENT, Contractor represents and warrants:

18.2. that Contractor is in compliance with all applicable Federal, State and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee’s eligibility to work in the United States;

18.3 that all of Contractor’s employees are legally eligible to work in the United States; and

18.4 that the Contractor has actively and affirmatively verified such eligibility utilizing the E-Verify system and/or the Federal Government’s Employment Eligibility Verification Form (the Form I-9).

18.5 A mere allegation of Contractor’s intent to use and/or current use of unauthorized workers may not be a basis to delay the County’s award of a Contract to the Contractor unless the County has a good faith belief that the Contractor knowingly violated Florida Statutes Section 448.09(1) or such allegation has been determined to be factual by ICE prior to the date the Contract is scheduled to be awarded by the County.

18.6 Good faith claims/beliefs of the Contractor’s use of unauthorized workers must be reported to both of the following agencies: The County’s Compliance Services hotline at

(813) 272-6554; and ICE (Immigration and Customs Enforcement) at 1-866-DHS-2-ICE (1- 866-347-2423).

19. IMAGE Best Practices

19.1 Contractor is required to incorporate the following IMAGE Best Practices into its business and, when practicable, incorporate verification requirements into its agreements with subcontractors:

19.2 Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires.

19.3 Use the Social Security Number Verification Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce.

Establish a written hiring and employment eligibility verification policy.

19.4 Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not be limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E- Verify and the Social Security Number Verification Service.

19.5 Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employee’s verification to minimize the potential for a single individual to subvert the process.

19.6 Arrange for annual Form I-9 audits by an external auditing firm or a trained employee.

19.7 Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process.

19.8 Establish a program to assess subcontractors’ compliance with employment eligibility verification requirements. Encourage subcontractors to incorporate the IMAGE Best Practices contained in this paragraph and, when practicable, incorporate the verification requirements in subcontractor agreements.

19.9 Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agency’s information and the information provided by the employer or employee; for example, “no match” letters received from the Social Security Administration.

19.10 Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to employee tips.

19.11 Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring, firing, recruitment or referral for a fee because of citizenship status or national origin.

19.12 Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.

20. Public Benefit Eligibility Verification

The Contractor shall comply with all applicable eligibility and verification requirements under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8. U.S.C. 1601-1646 (PRWORA), and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish to comply with PRWORA. Unless excepted by PRWORA, the Contractor must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to ineligible persons.

21. Trafficking Victims Protection Act (2 CFR Part 175)

The Contractor will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits the Contractor from (1) engaging in severe forms of trafficking in persons during the period of time that a resulting contract is in effect; (2) procuring a commercial sex act during the period of time that a resulting contract is in effect; or (3) using forced labor in the performance of the contracted services under a resulting contract. A resulting contract may be unilaterally terminated immediately by County for Contractor’s violating this provision, without penalty.

22. Enhanced Whistleblower Protections (41 U.S.C. § 4712)

The National Defense Authorization Act of 2013, which extended whistleblower protections to contractor employees, may apply to the Federal grant award dollars involved with a contract resulting from this solicitation. See 42 U.S.C. § 4712 for further requirements.

An employee of a contractor and/or its subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

23. Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170)

In accordance with FFATA, the Contractor shall, upon request, provide Hillsborough County the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.

24. Federal Awardee Performance and Integrity Information System (FAPIIS) (The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII)). The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the AGREEMENT, by posting the required information in the System for Award Management via https://www.sam.gov.

25. Never Contract With The Enemy (2 CFR Part 183)

Applies only to grant and cooperative agreements in excess of $50,000 that are performed outside of the United States, including U.S. territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. The Contractor must exercise due diligence to ensure that none of the funds, including supplies and services received, are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR § 180.300 prior to issuing a subcontract.

26. Energy Policy and Conservation Act (43 U.S.C. § 6201 and 2 CFR Part 200 Appendix

II (H))

Applies to any contracts except micro-purchases ($3000 or less, except for construction contracts over $2000). The Contractor shall comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].

27. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended

For contracts and subgrants of amounts in excess of $150,000, the non-Federal contractor shall agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations will be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

https://www.sam.gov/

28. Rights to Inventions Made Under a Contract or Agreement

Contracts or agreements for the performance of experimental, developmental or research work under 37 CFR § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

29. Civil Rights Provisions

The Contractor shall comply with the following laws, rules, and/or regulations as applicable and/or as amended during the term of the contract:

1.) Title VI of the Civil Rights Act of 1964, as amended;

2.) Title VIII of the Civil Rights Act of 1968, as amended;

3.) Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended;

4.) Section 504 of the Rehabilitation Act of 1973, as amended;

5.) The Americans with Disabilities Act of 1990, as amended, including 42 U.S.C. §§ 12101 et seq. as amended; 42 U.S.C. §§ 12131 – 12189; and 49 CFR parts 37 and 38;

6.) The Age Discrimination Act of 1975, as amended;

7.) Executive Order 11063, as amended; and

8.) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

§§ 1601-1646) (PRWORA ), as amended.

The Contractor shall comply with nondiscrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, Executive Order 13279, as amended, and all other applicable laws, rules, and regulations.

The Contractor shall not discriminate against any person on the basis of any protected category with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices prohibit such discrimination. Such employment practices include, but are not limited to, the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The

Contractor shall post, in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

Rehabilitation Act of 1973, Section 504: The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794, and 24 CFR Parts 8 and 9), as amended, which prohibits discrimination against individuals with disabilities in any federally assisted program. The County will provide the Contractor with assistance regarding guidelines necessary for compliance with that portion of the regulations during the term of this Agreement; however, it shall remain the Contractor’s responsibility to ensure compliance.

30. Non-Discrimination and Compliance with Applicable Laws

The Contractor shall comply with the requirements of all applicable federal, state and local laws prohibiting discrimination and the rules, regulations, policies, and executive orders related to discrimination, as amended and supplemented.

The Contractor shall comply with the requirements of all applicable federal, state and local laws and the rules, regulations, policies and executive orders promulgated thereunder, all of which are incorporated herein by reference.

31. Occupational Safety And Health Act Of 1970

The requirements of 29 CFR Part 1910 are incorporated herein by reference with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

32. Labor Standards

The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the following laws, as applicable, which are set forth in further detail below:

1.) Davis-Bacon Act, as amended (40 U.S.C. §§ 3141–3148)

2.) The Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708, 48 CFR 22.403-3, and 29 CFR Part 5)

3.) The Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276; 18 U.S.C. § 874, et seq. and 29 CFR3); and

4.) All other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as such acts apply to the performance of the AGREEMENT. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this provision. Such documentation shall be made available to the County for review upon request.

The Contractor further agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all subcontractors engaged under contracts in excess of Two-Thousand and 00/100 Dollars ($2,000.00) for construction, renovation, or repair of any building, or work financed in whole or in part with assistance provided under the AGREEMENT, shall comply with Federal requirements adopted by the County pertaining to such AGREEMENT.

With the applicable requirements of the regulations of the United States Department of Labor under 29 CFR Parts 1, 3, 5, 6, and 7, governing the payment of wages and ratio of apprentices and trainees to journeymen provided, if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require language to be inserted in full in all such contracts subject to such regulations and provisions, meeting the requirements of this article.

33. Davis-Bacon Act, as amended (40 U.S.C. §§ 3141–3148)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities require compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

34. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708, 48 CFR § 22.403-3, 29 CFR Part 5)

Applies to all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers.

In compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) and under 40 U.S.C. § 3702 of the Act specifically, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the 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 of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

35. Compliance with Copeland “Anti-Kickback” (40 U.S.C. § 3145, as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”))

Each contractor or subrecipient is 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 or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference into this contract.

(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate instructions may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR § 5.12.

36. Section 3 of the Housing and Urban Development Act of 1968

To the extent applicable, the Contractor shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and its implementing regulations at 24 CFR Part 75. As required by 24 CFR § 75.25, the Subrecipient shall submit data and information on Targeted Section 3 worker labor hours, Section 3 worker labor hours, total worker labor hours, and other qualitative efforts which the Subrecipient and its contractors and subcontractors took in an attempt to reach or achieve Section 3 goals.

38. Termination for Cause

See Section 15 of the AGREEMENT.

39. Termination for Convenience

See Section 15 of the AGREEMENT.

40. Subcontracting

The Contractor shall include these Additional Applicable Federal Contract Provisions in every subcontract issued by it so that such provisions will be binding upon each of the subcontractors as well as the requirement to flow down such terms to lower-tiered subcontractors.

41. Certification of Compliance

By executing the AGREEMENT, Contractor confirms that Contractor is fully able and willing to comply with the foregoing federal provisions and will make all necessary inquiries and further examination of the law and requirements as is necessary to comply therewith.

Work shall be performed in compliance with all applicable local, state, and federal laws, rules, policies, and regulations in effect during the term of the AGREEMENT.