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ATTACHMENT 8
<br />Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds
<br />(SLFRF) Agreements
<br />The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following
<br />provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,
<br />the term "Recipient" shall mean "Grantee."
<br />Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all
<br />lower tier subrecipients/contractors, and to comply with the provisions of the award, the SLFRF implementing
<br />regulation, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated
<br />terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -
<br />awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract
<br />and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the
<br />Non -Federal Entity and the subrecipients shall assume the role of the Recipient.
<br />2 CFR PART 200 APPENDIX 2 REQUIREMENTS
<br />1. Administrative, Contractual, and Legal Remedies
<br />The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies
<br />described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions
<br />of this Contract, including any Federal or State statutes, rules, or regulations, applicable to this Contract, the Non -
<br />Federal Entity may take one or more of the following actions.
<br />A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
<br />B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the
<br />cost of the activity or action not in compliance.
<br />C. Wholly or partly suspend or terminate this Contract.
<br />D. Take other remedies that may be legally available.
<br />The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under
<br />Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund,
<br />either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement.
<br />2. Termination for Cause and Convenience
<br />Termination for Cause and Convenience are addressed elsewhere in the Agreement.
<br />3. Equal Opportunily Clause
<br />The following provision applies if the agreement meets the definition of"federally assisted construction contract"
<br />as defined by 41 CFR Part 60-1.3:
<br />During the performance of this Agreement, the Recipient agrees as follows:
<br />A. The Recipient will not discriminate against any employee or applicant for employment because of
<br />race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will
<br />take affirmative action to ensure that applicants are employed, and that employees are treated during
<br />employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
<br />national origin. Such action shall include, but not be limited to the following:
<br />i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
<br />layoff or termination; rates of pay or other forms of compensation; and selection for training,
<br />including apprenticeship. The Recipient agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided setting forth the provisions
<br />of this nondiscrimination clause.
<br />B. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the
<br />Recipient, state that all qualified applicants will receive consideration for employment without regard
<br />to race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />C. The Recipient will not discharge or in any other manner discriminate against any
<br />employee or applicant for employment because such employee or applicant has inquired about,
<br />discussed, or disclosed the compensation of the employee or applicant or another employee or
<br />applicant. This provision shall not apply to instances in which an employee who has access
<br />to the compensation information of other employees or applicants as a part of such employee's
<br />Attachment 8
<br />1 of 6
<br />Rev. 4114/2022
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