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2020-003A
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Last modified
12/12/2022 3:18:15 PM
Creation date
2/3/2020 11:34:07 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/07/2020
Control Number
2020-003A
Agenda Item Number
8.L.
Entity Name
XGD Systems
Jones Pier
Subject
Restoration and Conservation Improvements
restroom, parking, drainage, boardwalk
Area
Jones Pier
Bid Number
20200017
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In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of <br />performance due to the Grantee's or subcontractor's material failure to comply with the Federal statutes, regulations <br />or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of <br />Management and Budget (OMB)-designated integrity and performance system, accessible through System for Award <br />Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The <br />Recipient will notify the Grantee of the termination and the Federal requirement to report the termination in FAPIIS. <br />See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon termination and following <br />termination <br />18. Additional Lobbying Requirements <br />i. The Grantee certifies that no funds provided under this Agreement have been used or will be used to <br />engage in the lobbying of the Federal Government or in litigation against the United States unless <br />authorized under existing law. <br />ii. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any organization <br />described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an <br />award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not <br />engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or <br />subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan <br />programs or to contracts awarded using proper procurement procedures. <br />iii. Pursuant to 2 CFR § 200.450 and 2 CFR § 200.454E, the Grantee is hereby prohibited from using funds <br />provided by this Agreement for membership dues to any entity or organization engaged in lobbying <br />activities. <br />COMPLIANCE WITH ASSURANCES <br />19. Assurances <br />Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the Federal <br />Government during the Grant application process. <br />20. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area <br />Firms <br />Grantee shall take all affirmative steps necessary to assure that minority business, women's business enterprises, and <br />labor surplus area firms are used when possible, including those steps listed in 2 CFR § 200.321(b). <br />FEDERAL REPORTING REOUIREMENTS <br />Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, <br />are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA <br />legislation requires that information on federal awards (federal financial assistance and expenditures) be made <br />available to the public via a single, searchable website, which is www.USASpending_gov. The Grantee agrees to <br />provide the information necessary, within one (1) month of execution, for the Department to comply with this <br />requirement. <br />DEPARTMENT OF COMMERCE-SPECIFIC <br />21. Department of Commerce (DOC) Financial Assistance Terms and Conditions <br />Grantees shall comply with the U.S. Department of Commerce Financial Assistance Terms and Conditions, available <br />online (http://www.osec.doc.gov/oam/ rg ants manap-ement/12olicy/default.htm and incorporated by reference. <br />22. DOC Regulations <br />Grantee shall comply with the following regulations: 2 CFR 1300-1399, 15 CFR 8, 15 CFR 8a, 15 CFR 8b, 15 CFR <br />13, 15 CFR 20, and 15 CFR 28 <br />23. Drug-Free Workplace <br />Grantee must make an on-going, good faith effort to maintain a drug-free work place pursuant to the specific <br />requirements set forth in Title 2 CFR Part 1329. Additionally, in accordance with these regulations, the recipients <br />must identify all known workplaces under its federal awards, and keep this information on file during the performance <br />of the award. <br />24. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act <br />As applicable, Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real Property <br />Acquisition Polices Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or <br />whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all <br />interests in real property acquired for project purposes regardless of Federal participation in purchases. <br />25. Property Management Requirements <br />If the purchase of equipment is authorized under paragraph 20 of this Agreement, then the Grantee shall comply with <br />the property management requirements set forth in 2 CFR §200.313. An inventory of all personal property/equipment <br />Attachment 8 <br />Page 4 of 5 <br />Rev. 6/14/2019 <br />
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