Federal Funding TC_s_.pdf

Federal Funding Terms and Conditions

1. COMPLIANCE: Grantee shall comply with all applicable provisions of the Federal

Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252 and the regulations issued pursuant thereto, all applicable provisions of 2 CFR 200, and all applicable federal laws and regulations required by this federal award. Any revisions to such provisions or regulations shall automatically become a part of these federal provisions, without the necessity of either party executing any further instrument. The County, at its discretion, may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.

2. SUSPENSION/DEBARMENT: The Contractor shall maintain the currency of its information in the System for Award Management (“SAM”), which may be found at http://www.sam.gov, until the Contractor submits any final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 2CFR 200 prohibits grantees from entering into contracts with debarred, suspended, or ineligible contractors for the purposes of implementing the activity for which these funds have been allocated. If the Contractor is debarred or suspended anytime during the term of this Agreement, it must immediately notify the County. By signing this Agreement, the Contractor hereby certifies that it is not excluded or disqualified by the federal government.

3. LOBBYING: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Contractor applied or bid for an award exceeding $100,000 it must file the required certification.

4. CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER

POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to 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 must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

http://www.sam.gov/

5. DOMESTIC PREFERENCE FOR PROCUREMENT: Contractor shall exercise 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) when purchasing any goods using Federal funds under this Agreement.

6. RECOVERABLE MATERIALS: Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired based upon not being competitively available within a timeframe included in the performance schedule; not meeting the bid performance requirements; or not being available at a reasonable price. Refer to https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

7. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT: Contractor shall not obligate or expend any funds under this Agreement to (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses 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 Public Law 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).

8. COLLUSION: Contractor certifies that (a) the prices in its proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition as to any matter relating to such prices with any other participating bidder or with any competitor; (b) the prices quoted herein have not been and will not be knowingly disclosed, directly or indirectly, by the Contractor to any other participating bidder, competitors or County's representatives prior to the final date for submission of such offer; and

(c) no attempt has been made and none will be made by the Contractor to induce any other person partnership or corporation to submit a proposal or not to submit a proposal (complementary or otherwise) for the purpose of restricting competition.

9. CONFLICT OF INTEREST:

a. Contractor agrees that no official, officer, or employee of the County shall have any personal or beneficial interest whatsoever in the services or property described herein, and Contractor further agrees not to hire, pay, or contract for services of any official, officer, or employee of the County. A conflict of interest shall include transactions, activities, or conduct that would affect the judgment, actions, or work of the Contractor by placing the Contractor's own interests, or the interest of any party with whom the Contractor has a contractual arrangement, in conflict with those of the County.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

b. The Contractor and its employees, agents, consultants, officers, or appointed officers who exercise or have exercised any functions or responsibilities with respect to the County's activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may not obtain a personal or financial interest in, or benefit from, this Agreement (except for the use of Agreement funds to pay salaries and other related administrative or personnel costs), or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds hereunder, either for themselves or those with whom they have family or business ties, during their tenure or for two years thereafter. Exceptions may only be made with written approval from the County and federal agency from which the County has obtained the funds for this Agreement.

c. Contractor certifies that, to the best of their knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational or personal conflict of interest, be it actual, apparent, or potential, for the organization or any of its staff, and that the Contractor has disclosed all relevant information if an actual, apparent, or potential conflict of interest appears to exist to a reasonable person with knowledge of the relevant facts or if such a person would question the impartiality of the Contractor.

SUBRECIPIENT

By:

ATTEST:

APPROVED AS TO FORM:

STATE OF COLORADO )

) ss.

ADAMS COUNTY )

Subscribed and sworn to before me this _____day of _____, 2022 by as of ___________________________________, the [___________] herein named.

WITNESS my hand and official seal.

My Commission expires:

Notary Public

BOARD OF COUNTY COMMISSIONERS

ADAMS COUNTY, COLORADO

Chair

ATTEST:

Erica Hannah, Deputy Clerk

APPROVED AS TO FORM:

Adams County Attorney’s Office