Federal_Required_Provisions.pdf

RFP#1920-007 City of Redondo Beach, CA Page 1 of 5

REQUIRED FEDERAL CLAUSES

In accordance to 2 CFR, §200, Appendix II “Contract Provisions for Non-Federal Entity Contracts under Federal Awards”, all contracts made by the non-Federal entity under the Federal award must contain certain provisions. By submitting a bid to the City, Bidder agrees to comply with the following required contract provisions, as applicable:

A. Performance Bond

If requested by the City or grant authority, Contractor (Bidder) will provide a performance bond that meets the requirements of the City or grant authority.

B. Breaches and Disputes

1. Breach of Contract - Breach shall be nonperformance or failure by the Contractor (Bidder) to perform any term, covenant or condition in the Agreement / Order.

2. Opportunity to Cure – The City may, in its sole and absolute discretion, allow the Contractor (Bidder) the opportunity to remedy the breach. If however, the Contractor (Bidder) fails to remedy, to the City’s satisfaction, the breach of any of the terms, covenants or conditions of the Agreement / Order within ten (10) calendar days after Contractor’s receipt of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Agreement / Order and the City will not have any further obligation to Contractor (Bidder). Any such termination for breach shall not preclude or hinder the City from also pursuing all available remedies against Contractor (Bidder) for said breach.

3. Remedies of the City - If the Contractor (Bidder) fails to remedy, to the City’s satisfaction, the breach of any of the terms, covenants or conditions of the Agreement / Order within 10 calendar days after Contractor’s receipt of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Agreement / Order and the City will not have any further obligation to Contractor (Bidder). Any such termination for breach shall not preclude or hinder the City from also pursuing all available remedies against Contractor (Bidder) for said breach. If City elects to waive its remedies for any breach of any term, covenant or condition of this Agreement / Order by the Contractor (Bidder), City’s waiver shall not limit City’s remedies for any other or succeeding breach of any of the terms, covenants or conditions of the Agreement / Order.

4. Disputes – Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless the City receives a written appeal from the Contractor (Bidder) within ten (10) days from the date of the notice issued by the City. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City regarding the appeal shall be binding upon Contractor and Contractor shall abide be the decision.

5. Performance During Dispute - Unless otherwise directed by City, Contractor (Bidder) shall continue performance under this contract while matters in dispute are being resolved.

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6. Contractor (Bidder) - The Contractor (Bidder) expressly agrees that no default, act or omission of the City shall constitute a material breach of the Agreement / Order, entitling Contractor (Bidder) to cancel or rescind the Agreement / Order or to suspend or abandon performance.

C. Termination

The right to terminate the Agreement / Order, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this agreement.

1. Termination of Agreement / Order for Convenience: The City may, in its sole and absolute discretion and without cause, immediately terminate the Agreement / Order at any time prior to delivery of the vehicle and/or equipment specified in the Agreement / Order by the Contractor (Bidder), upon written notice to the Contractor (Bidder). If the City is no longer eligible to receive the grant funds, or fails to receive an extension to the existing grant deadline, or fails to receive funding / appropriation from City Council at levels sufficient to pay for the goods to be purchased, the City, in its sole and absolute discretion, reserves the right to terminate this Agreement / Order in its entirety and shall not be liable for any cost.

2. Termination of Agreement / Order for Cause: The City may, in its sole and absolute discretion, immediately terminate the Agreement / Order for cause if the Contractor (Bidder) fails to perform any of its obligations specified in the Agreement / Order, within the timeframe and in the manner provided by the City, or if the Contractor (Bidder) otherwise violate any of the terms of the Agreement / Order. Such causes include, but are not limited to, failure by the Contractor (Bidder) to deliver the vehicle/equipment by the specified deadline provided by the City. To terminate the Agreement / Order for cause, the City shall provide written notice to the Contractor (Bidder) stating the reasons for such termination.

3. Post-Termination:

a. In the event the City terminates the Agreement / Order for convenience or cause, the

City may procure, upon such terms and such manner as it may determine appropriate, the vehicle and/or equipment similar to those terminated.

b. Should the Agreement / Order be terminated for convenience or cause, the Contractor

(Bidder) shall return any City property in its possession to the City.

c. Upon termination of the Agreement / Order for convenience or cause, Contractor

(Bidder) shall be compensated for all vehicles and equipment satisfactorily delivered to, and accepted by, the City prior to the effective date of termination.

d. Termination of the Agreement / Order shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement / Order, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

D. Equal Employment Opportunity

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Bidder shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”. 41 CFR § 60-1.4, “Equal Opportunity Clause”, is hereby incorporated by reference into these contract provisions.

Bidder shall comply with all applicable requirements of the California Fair Employment Practice Commission and all applicable Federal, State, County and City laws and ordinances related to non-discrimination, civil-rights, equal opportunity and employment practices.

E. Energy Policy and Conservation Act

Bidder shall comply with all mandatory standards, policies and requirements related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).

F. Debarment and Suspension

Contractor (Bidder) shall comply with all applicable Federal debarment and suspension regulations including, but not limited to, 2 CFR § 180, 2 CFR § 200.212, and Executive Orders Nos. 12549 and 12689, "Debarment and Suspension.” Contractor (Bidder) certifies that they: are eligible to participate in this Federally funded contract; are not listed on the governmentwide exclusions Excluded Parties List System in the System for Award Management (SAM); and are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in any Federally assisted award by any Federal department or agency.

G. Byrd Anti-Lobbying Amendment

Bidder must complete and submit the form entitled “Certification Regarding Lobbying”, included as Attachment D.

Bidder shall comply with all applicable lobbying prohibitions and laws, including, but not limited to, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, et seq.), "New Restrictions on Lobbying," 49 C.F.R. Part 20, and agrees that none of the funds provided under this award may be expended by the Contractor (Bidder), or its subcontractors, to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. If any non-Federal funds have been paid or will be paid by Contractor (Bidder), or its subcontractors, for any lobbying that takes place in connection with obtaining any Federal award, Bidder, and its subcontractors, shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with the form’s instructions.

H. Records - Retention and Access Requirements

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Contractor (Bidder) agrees to comply with the record retention requirements detailed in 2 C.F.R. §

200.333 and certifies that it will retain all records pertaining to the Agreement / Order for a period of three (3) years after the date of termination or expiration of the Agreement / Order, except in the event of litigation or settlement of claims arising from the performance of the Agreement / Order, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. In compliance with 2 C.F.R. § 200.336, Contractor (Bidder) agrees to provide access to federal, state, city or its contractors to inspect and audit records and information related to performance of this Agreement / Order as reasonably may be required.

I. Energy Policy and Conservation Act Compliance

To the extent applicable, Contractor (Bidder) must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. Procurement of Recovered Materials (2 CFR, § 200.323)

Bidder shall 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 C.F.R. § 247, containing 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 so that energy and resource recovery are maximized;

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

K. Prohibition on certain telecommunications and video surveillance services or equipment.

(2 CFR, § 200.216)

Bidder shall comply with 2 CFR, § 200.216 and Public Law 115-232, Section 889, which prohibits the purchase and use of telecommunication and video surveillance equipment, services or systems from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company (or any subsidiary or affiliate of such entities) or any 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.

L. Domestic preferences for procurements (2 CFR, § 200.216)

(a) As appropriate and to the extent consistent with law, the non-Federal entity 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

RFP#1920-007 City of Redondo Beach, CA Page 5 of 5 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.