Exhibit_D_-_Head_Start_Contractor_-_Special_Terms_and_Conditions_.pdf

EXHIBIT D

HEAD START SPECIAL TERMS AND CONDITIONS

1. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)

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,” the Contractor agrees that neither it, nor its principals are presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction evidenced by this Contract by any federal department, and agrees to comply with the requirements of 2 CFR Part 180 and 2 CFR Part 376.

2. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

For all contracts over $150,000, Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the City, the Department of Health and Human Services, and the San Francisco Regional Office of the Environmental Protection Agency (EPA).

3. BYRD ANTI-LOBBYING CERTIFICATION (31 U.S.C. 1351)

In all contracts in excess of $100,000, the Contractor hereby certifies, to the best of its knowledge and belief, that:

3.1. 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 and Federal contract, grant, loan, or cooperative agreement.

3.2. Each contractor tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization or 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.

3.3. If any funds other than federally 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 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. Such disclosures are forwarded from tier to tier, up to the non-Federal award.

4. PROCUREMENT OF RECOVERED MATERIALS

Contractor 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.

5. SEAT BELT USE

Pursuant to EO 13043 (4/16/1997), increasing the Use of Seat Belts in the United States, contractors are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating vehicles, whether owned by the organization, rented, or personally owned.

6. FEDERAL IMMIGRATION AND NATIONALITY ACT

Contractor shall comply with the Federal Immigration and Nationality Act (“FINA”) and all other federal immigration laws and regulations related to the immigration status of its employees during the term of this Contract. Contractor shall maintain Employment Eligibility Verification Forms (I-9) as required by the U.S. Department of Labor. At the City’s discretion, the City may request verification of compliance. If Contractor does not comply with this requirement, the City retains the right to pursue all remedies allowed by law, including, but not limited to, suspension of work, termination of this Contract for default, and suspension and/or debarment of Contractor. Contractor shall bear all costs necessary to verify compliance.

7. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S

BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

a) For subcontracts under this Contract, Contractor must take all necessary affirmative steps to assure that minority businesses, 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. Contractor, if subcontracts are to be let, must take the affirmative steps listed in paragraphs b(1) through (5) of this section.

8. EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

8.1. In accordance with 41 U.S.C. 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the lists of persons or entities provided below 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 the federal contract (including the competition for or negotiation of a contract) or grant.

8.2. The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress;

An Inspector General;

The Government Accountability Office;

A federal employee responsible for contract or grant oversight or management;

An authorized official of the Department of Justice or other law enforcement agency;

A court or grand jury; or A management official or other employee of the City, Contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

Contractor shall inform its employees in writing of the rights and remedies provided under this section in the predominant native language of the workforce.

9. EQUAL EMPLOYMENT OPPORTUNITY

Equal Employment Opportunity. Except as otherwise provided under 41 CFR part

60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR 1964-1965 Comp., p. 339) as amended by Executive Order 11375 amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 CFR part 60.

10. DAVIS-BACON ACT

For all construction contracts in excess of $2,000, Contractor must comply 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). In accordance with the statute, Contractor must 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 pay wages not less than once a week. Contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a subcontract must be conditioned upon the acceptance of the wage determination. Contractor must report all suspected or reported violations to the Federal awarding agency.

11. ANTI-KICKBACK ACT

Contractor must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR part 3). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. Contractor must report all suspected or reported violations to the City and the federal awarding agency.

12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

For contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR part 5). Under 40 U.S.C. 3702 of the Act, 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 provide that no laborer or mechanic must be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles ordinarily available on the open market or contracts for transportation or transmission of intelligence.

13. HEAD START ADMINISTRATIVE REQUIREMENTS

Contractor acknowledges the funding provided under this contract comes from the

City of Phoenix’s Head Start Grant from the federal Department of Health and Human Services (HHS) and therefore Contractor’s performance of this agreement is subject to applicable federal law and HHS regulation. Contractor will comply with the requirements of 45 CFR parts 75, 1301-1305, as applicable, and all other applicable HHS rules, regulations, guidance, and directives.