17-FEDERAL PROVISIONS - CONSTRUCTION - IF NEEDED.pdf

SUPPLEMENTAL CONTRACT PROVISIONS

FEDERAL PROVISIONS

This Contract may be subject to Federal Grant Provisions found under 2 CFR 200 and its Appendix, as well as other federal grant funding statutes. Contractors shall be able to comply with those federal provisions if funding is from a federal source.

Uniform Administrative Requirements The Contractor shall comply with 24 CFR § 570.502, § 570.503, and § 570.610, and adhere to accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Contractor shall administer the Project in conformance with 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, as amended, and in accordance with 24 CFR § 570.502, as appropriate, to ensure substantial adherence to the applicable accounting principles and procedures required therein, utilization of adequate internal controls, and the maintenance of necessary source documentation for all costs incurred.

Audit Requirements

(a) In the event that the Contractor expends Seven-Hundred-Fifty-Thousand and 00/100 Dollars ($750,000.00) or more in Federal awards in its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, Audit Requirements, as revised. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the County. The determination of amounts of Federal awards expended must be in accordance with the guidelines established by 2 CFR § 200.502, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provision of 2 CFR Part 200, as revised, will meet the requirements of this part.

(b) In connection with the audit requirements addressed in Subsection (a) above, the County shall:

1. verify that the Contractor has fulfilled the requirements relative to audit responsibilities as provided in 2 CFR Part 200, Subpart F, and that the required audit(s) are completed within nine (9) months of the end of the Contractor’s fiscal year;

2. issue a management decision on audit findings within six (6) months after receipt of the Contractor’s audit report; and

3. ensure that the Contractor takes timely and appropriate action on all audit findings. If the Contractor is unable or unwilling to have the required audits, the County shall take the appropriate action using sanctions as provided for in 2 CFR Part 200.

(c) In the event that the Contractor expends less than Seven-Hundred-Fifty-Thousand and 00/100 Dollars ($750,000.00) in Federal awards in its fiscal year, the Contractor is exempt from the Federal audit requirements for that year, but records must be available for review or audit by the relevant federal granting agency, the County, the Government Accountability Office, or their authorized representatives.

(d) If the Contractor is not subject to the audit requirements found at 2 CFR Part 200, Subpart F, a financial report in accordance with FAS Statement No. 117, Financial Statement of Not-for-Profit Organizations, as amended, shall be submitted to the County within 30 days after the end of its fiscal year.

(e) In addition to review of audits conducted in accordance with 2 CFR Part 200, Subpart F, or financial reports conducted in accordance with FAS Statement No. 117, the County shall monitor the performance of the Contractor as necessary to ensure that the subaward is used for authorized purposes, is in compliance with Federal statutes, regulations, and the terms and conditions of the subaward, and that the performance goals are achieved for the duration of the Agreement.

(f) Monitoring provides information for making informed judgment about program effectiveness and management efficiency, as well as identifying internal weaknesses that may contribute to fraud or abuse. The monitoring procedures established for the Contractor may include, but are not limited to, on-site visits by the County or HUD;

limited-scope audits as defined by 2 CFR Part 200, as revised; submittal and review of financial management statements as defined by FAS Statement No. 117, performance reports; and other procedures as determined necessary.

(g) By entering into a resulting agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the County and/or any federal granting agency. In the event the County or the federal granting agency determines that more than a limited-scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the County or the federal granting agency to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the County, Chief Financial Officer, or Auditor General.

(h) A copy of the audit or financial management report must be provided to the Purchasing Department within thirty (30) days after receipt by the Contractor.

(i) This Article shall survive any termination, cancellation, or expiration of this Agreement.

Federal Changes Contractor shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of a resulting agreement.

Federal Agency Seals, Logos and Flags Applies to all contracts that may receive federal grant funding or are funded with federal grant funding. 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 pre-approval.

No Obligation by Federal Government

Applies to all contracts that may receive federal grant funding or are funded with federal grant funding. The Federal Government is not a party to this contract 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 a resulting agreement.

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.

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 a resulting 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. Section 2-121 of the Pasco County Code of Ordinances provides that “[t]he county shall not engage in consultants or professionals whose prior record, work history and experience indicate ongoing business relationships that may be substantially in conflict with the duties and services that will be required by the County,” and requires that solicitations must include an “affidavit providing that the professional or consultant is not currently engaged or will not become engaged in any obligations, undertakings or contracts that will require the professional to maintain an adversarial role against the county or that will impair or influence the advice or recommendations provided to the county” and requiring disclosure of all potentially conflicting contractual relationships.

Mandatory Disclosures (31 U.S.C. §§ 3799 – 3733): Required for all Contracts using federal grants funds, or which may use federal grant funds. 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 solicitation and a resulting contract. The Contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

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 a resulting 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 a resulting agreement for political activities, inherently religious activities, lobbying, political patronage, or nepotism activities.

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. 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 a resulting 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, by its signature to its proposal, 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.

Debarment and Suspension (2 CFR § 200.214) Contractors with Pasco 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.

Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment

(2 CFR § 200.216)

All Contracts using federal grant funds or which may use federal grant funds are subject to this requirement. Contractor and any subcontractors are prohibited to obligate or spend 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 is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. 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). ii.

Telecommunications or video surveillance services provided by such entities or using such equipment. iii. 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.

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

(a) 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.

Domestic preferences for procurements (2 CFR § 200.322)

(a) As appropriate and to the extent consistent with law, Pasco 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.

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

Access to Records and Reports All Contracts that received or may receive federal grant funding are subject to this requirement.

The Contractor, including all of its employees or agents, contractors, subcontractors, and consultants will make available to the County’s granting agency, the granting agency’s Office of Inspector General, the Government Accountability Office, the Comptroller General of the United States, Pasco County, Pasco 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.

Record Retention (2 CFR § 200.333) Applies to all Contracts that received or may receive federal grant funding. 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.

Safeguarding Personal Identifiable Information (2 CFR § 200.82) Applies to all Contractors receiving, or which may receive, federal grant funding. 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.

Employment Eligibility Verification

(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require the Contractor to:

1. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient during the resulting agreement term; and,

2. Include in all contracts under a resulting agreement the requirement that contractors, subcontractors, and consultants performing work or providing services pursuant to the agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, and consultants during the term of the contract.

(b) The Department of Homeland Security’s E-Verify system can be found at:

http://www.uscis.gov/e-verify

(c) If the Contractor does not have an E-Verify MOU in effect, the Contractor must enroll in the E-Verify system prior to hiring any new employee after the effective date of a resulting agreement.

Trafficking Victims Protection Act (2 CFR Part 175) Applies to all federally grant funded contracts or contracts which may become federally grant funded. 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 http://www.uscis.gov/e-verify

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.

Buy America (Build America, Buy America Act (“BABA”)) (Public Law 117-58, 29 U.S.C.

§ 50101. Executive Order 14005) Applies to purchases of iron, steel, manufactured products and construction materials permanently incorporated into infrastructure projects, where federal grant funding agency requires it or if the grant funds which may come from any federal agency, but most commonly:

the U.S. Environmental Protection Agency (EPA), the U.S. Federal Transit Administration (FTA), the US Federal Highway Administration (FHWA), the U.S. Federal Railroad Administration (FRA), Amtrack and the U.S. Federal Aviation Administration (FAA).

All iron, steel, manufactured products and construction materials used under a federally grant funded project must be produced in the United States. Additional requirements may apply depending on the Federal Granting Agency provisions. Check with Pasco County for further details. Proposers shall be required to submit a completed Buy America Certificate with this procurement; an incomplete certificate may deem the proposer’s submittal non-responsive.

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.

Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170) Applies to all contracts that may receive federal grant funding or are funded with federal grant funding. In accordance with FFATA, the Contractor shall, upon request, provide Pasco 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.

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))

Applies to all contracts that may receive federal grant funding or are funded with federal grant funding. 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 a resulting contract, by posting the required information in the System for Award Management via https://www.sam.gov.

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.

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].

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).

Rights to Inventions Made Under a Contract or Agreement If a Federal award subject to this solicitation meets the definition of “funding agreement” 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 the awarding agency.

https://www.sam.gov/

Civil Rights Provisions The Contractor shall comply with the following laws, rules, and/or regulations:

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.) Executive Order 11246, 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 race, color, religion, gender, national origin, marital status, age, disability, sexual orientation, genetic information, or other 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.

Equal Employment Opportunity Provisions (41 CFR § 60-1.4) Except as otherwise provided under 41 CFR Part 60, all “federally assisted construction contracts” as that term is defined in 41 CFR Part 60—1.3, must include the provisions set forth in 41 CFR § 60—1.4(b).

(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(d) The Contractor agrees that it shall be committed to carry out its activities pursuant to the County's specifications and to the Affirmative Action program in keeping with principles as provided in the President's Executive Order 11246 of September 24, 1965, as amended. Such information shall be made available for review upon request.

(e) The Contractor will make every effort to afford women-owned and minority-owned business enterprises the maximum practical opportunity to participate in the performance of the Agreement. The term "minority-owned and “women-owned business enterprise" means a business at least fifty one percent (51%) owned and controlled by minority group members or women. The Contractor may rely on written representations by subcontractors regarding their status as minority and women-owned business enterprises in lieu of an independent investigation.

(f) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(g) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(h) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(i) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(j) In those instances where State funding is involved, the Contractor and its subcontractors will cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing pursuant to section 20.055(5), Florida Statutes.

(k) The Contractor will include the provisions of paragraphs (a) through (k) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

1. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be affected, and the basis for settlement.

Occupational Safety and Health Act Of 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 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.

Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the following laws, 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 CFR

3); 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 a resulting 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 a resulting 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.

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.

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.

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.

Certification of Compliance Contractor confirms, through submitting a response to this solicitation, 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.

END OF FEDERAL PROVISIONS

END OF SUPPLEMENTAL CONTRACT PROVISIONS