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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE HOPE CENTER OF ORANGE
COUNTY AND CITY OF FULLERTON
1. P ARTIES AND DATE.
This Agreement is made and entered into this 15 th day of October, 2024 by and between HOPE Center of Orange County, a California nonprofit public benefit corporation (“ HCOC”) and the City of Fullerton, a municipal corporation, organized under the laws of the State of California (“City”). HCOC and City are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. R
ECITALS.
2.1 HCOC.
HCOC subleases a portion of real property from City for purposes of operating the “HOPE Center.” The property subleased by HCOC is located at 2050 Youth Way in the City of Fullerton, County of Orange, State of California, Orange County Assessor’s Parcel Number (APN) 028-050- 36 (“HOPE Center Property”). HCOC desires for one of City’s police officers to be stationed at the HOPE Center Property to perform the activities and functions specified herein (the “Services”).
2.2 City.
City desires to and has performed the Services required by HCOC on the terms and conditions set forth herein. City warrants that it is fully licensed, qualified, and willing to perform the Services.
NOW THEREFORE, The Parties agree as follows:
3. T
ERMS
3.1 Retention of City.
3.1.1 Scope of Services. City promises and agrees to perform the Services and to furnish to HCOC all labor, materials, tools, and equipment incidental and customary to fully and adequately perform the Services. The Services under this Agreement include all of the following:
(i) stationing the “ Key Individual ” (as defined below in Paragraph 3.2.2) at the Hope Center Property for the duration of this Agreement; (ii) Instructing and managing the Key Individual in the performance of the activities and functions set forth in the “Public Safety Work Plan,” attached hereto as Exhibit “A” and incorporated herein by reference.
3.1.2 Term. The term of this Agreement shall retroactively commence on September 1, 2022 the “Effective Date” and shall remain in effect for a period of three (3) years (“Term”), unless earlier terminated as provided herein. Thereafter, the Parties may extend the Term for one additional three-year period by mutual written consent.
3.1.3 Recitals. The Recitals are true and correct and are set forth herein as findings of fact.
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3.2 City Representative and Key Individual.
3.2.1 City’s Representative. City hereby designates its Police Chief, or his or her designee, to act as its representative for the performance of this Agreement (“ City’s Representative”). City’s Representative shall have the power to act as the contract administrator in regard to performance of the Services, and shall: (i) maintain oversight of the Services; (ii) have full authority to represent and act on behalf of the City for purposes of rendering the Services; (iii) supervise and direct the Services using their best skill and attention; (iv) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (v) adequately coordinate all portions of the Services; (vi) act as principal contact with HCOC with respect to the Services; and (vii) consent to extend the term under Section 3.1.2 of this Agreement.
3.2.2 Designation of Key Individual. City hereby designates Lieutenant Michael Hines to act as the Key Individual to perform the Se rvices contemplated by this Agreement. In connection with the foregoing, the Key Individual shall be directed by the City’s Representative in the performance of all Services, and when assigned to responsibilities (i) through (vi) stated in Section 3.2.1 above, shall be under the exclusive direction of the City Representative.
3.2.3 Substitution of Key Individual. City has represented to HCOC that the Key Individual will be available to perform the Services. Should the Key Individual become unavailable, City may substitute other personnel (“Substitute Personnel”) who is a rank of at least a sergeant upon prior written approval of HCOC. City and HCOC shall meet and confer in good faith regarding any proposed Substitute Personnel. If HCOC and City cannot agree on the Substitute Personnel, HCOC shall be entitled to terminate this Agreement for cause. In addition to the foregoing, in the event any City personnel (including the Key Individual or Substitute Personnel) fail or refuse to perform the Services in accordance with this Agreement, or if HCOC otherwise determines that someone else should be the Key Individual, HCOC and City shall meet and confer in good faith to discuss the designation of other Substitute Personnel to perform the Services. If HCOC and City cannot agree on the Substitute Personnel, HCOC shall be entitled to terminate this Agreement for cause. Notwithstanding the foregoing, HCOC understands and agrees that the City must comply with all applicable state and federal employment regulations, including but not limited to the police officer bill of rights.
3.3 Qualifications of City Personnel.
3.3.1 Qualification and License. The Key Individual, Substitute Personnel, and any other City personnel performing the Services under this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
3.4 Standard of Care.
City shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to HCOC for damages sustained by the HCOC as specified in the indemnification provision of this Agreement.
City represents and maintains that it is skilled in the professional calling necessary to perform the Services. City warrants and represents that its employees shall have sufficient skill and experience to perform the Services assigned to them. Finally, City represents that it, its employees and subcontractors have all license s, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them
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and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, City shall perform, at its own cost and expense and without reimbursement from the HCOC, any services necessary to correct errors or omissions which are caused by the City’s failure to comply with the standard of care provided for herein.
3.5 Laws and Regulations.
City shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, and shall give all notices required of City by law. City shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If City performs any work knowing it to be contrary to such laws, rules and regulations, City shall be solely responsible for all costs arising therefrom. City shall defend, indemnify and hold HCOC, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.6 Independent Contractor
HCOC retains City on an independent contractor basis; City, the Key Individual and any Substitute Personnel are not HCOC employees. Accordingly, City, the Key Individual, and any Substitute Personnel are not HCOC employees for state tax, federal tax, or any other purpose, and are not entitled to the rights or benefits afforded to HCOC’s employees, including, without limitation, any health, medical, technology, and/or retirement benefits. Any additional City personnel performing the Services under this Agreement on behalf of City shall also not be employees of HCOC, and shall at all times be under City’s exclusive direction, management, and control in all aspects and with regard to the manner and means used to accomplish the Services identified in Exhibit A. City shall pay all wages, salaries, and all other benefits and amounts due the Key Individual, any Substitute Personnel, and any other City personnel in connection with their performance of Services under this Agreement and as required by law, including, without limitation, health, medical, technology, and/or retirement benefits. City shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, retirement benefits and contributions, unemployment insurance, disability insurance, and workers’ compensation insurance. City shall provide certificate of self- insurance to HCOC.
3.7 HCOC Responsibilities. HCOC’s responsibilities shall include the following:
3.7.1 Cooperation; Data and Information. HCOC shall cooperate in good faith with City and make available to City all necessary data and information concerning the purpose and requirements of the Services, including scheduling, objectives, constraints, and criteria.
3.7.2 HCOC’s Representative. HCOC hereby designates its executive director, or designee, to act as its representative for the performance of this Agreement (“ HCOC’s Representative”). HCOC’s Representative shall have the power to act on behalf of HCOC for all purposes under this Agreement.
3.7.3 Review and Approved Documents. HCOC shall promptly review all documents submitted by City and other matters requiring approval by HCOC. HCOC shall advise City of decisions pertaining to such documents within a reasonable time after submission.
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3.8 Compensation.
3.8.1 City’s Compensation for Services. For the performance of all Services rendered by the Key Individual under this Agreement, HCOC shall pay City in accordance with the following payment schedule: (1) One Hundred Eighty-One Thousand Dollars ($181,000.00) for the first year of Services; (2) Two Hundred Fifty-Nine Thousand Dollars ($259,000) for the second year of Services; and Two Hundred Fifty-Nine Thousand Dollars ($259,000) for the third year of Services (collectively, “Compensation”) for a total amount of Six Hundred Ninety-Nine Thousand Dollars ($699,000.00), unless otherwise agreed to in writing by the Parties. In the event that Substitute Personnel is approved by HCOC to replace the Key Individual, the Parties shall meet and confer in good faith to negotiate revised Compensation for the Substitute Personnel.
Under no circumstances will Compensation include any amount or benefit earned or accrued by the Key Individual prior to September 1, 2022, or for services provided to the City that are unrelated to HCOC Services.
3.8.1.1 For the first year of Services, City shall invoice HCOC for the Compensation within 30 days of the execution of this Agreement by both parties. Thereafter City shall invoice on the last day of August each year during the Term of this Agreement. The invoiced amount shall be a lump sum payment for that year of Services. HCOC shall pay the invoice within 30 days of its receipt thereof.
3.8.1.2 Schedule for Services. It is recognized that the Key Individual or Substitute Personnel, as applicable, will continue to be employed by the City and will continue to be under the direction and management of City Police Chief. The Key Individual or Substitute Personnel shall be allowed to establish an appropriate work schedule for such employment with City. Notwithstanding the above, it is understood that the Key Individual or Substitute Personnel shall spend the majority of their time providing Services on the HOPE Center Property, except when duties require otherwise, and devote the time necessary to adequately perform the Services throughout the Term. Efforts shall be made to equally distribute these hours each week over the two-week period, acknowledging that equal distribution may not always be feasible. City further acknowledges that proper performance of the Services will require the Key Individual or Substitute Personnel to generally observe normal business hours but may occasionally require the performance of necessary Services outside of normal business hours.
3.8.1.3 Increases in Grant Funding. The Parties acknowledge the critical reliance of HCOC on grant funding to support its personnel and sustain its operations. In the event that HCOC secures additional grant funding that may be allocated towards increasing the compensation of HCOC personnel, the Parties agree to meet and confer in good faith to assess the availability of sufficient funds within the HCOC budget to determine the feasibility of increasing Compensation for the Services. To determine the feasibility of a Compensation increase, the Parties shall conduct a thorough review of the HCOC budget and its financial obligations, including, but not limited to, current and projected budgetary commitments of HCOC, existing and projected salaries of current or prospective HCOC personnel, the economic viability of authorizing such an increase, and the overall financial condition of HCOC. The Parties further agree that the review process for any potential increase in Compensation shall give considerable weight to the need for essential salary increases for HCOC personnel to ensure the stability of operations and financial well-being of HCOC.
(A) Any consideration for an increase in Compensation shall occur no more than once per calendar year, irrespective of the number of additional grant funds secured within a single calendar year by HCOC. If the Parties agree that sufficient funding exists
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to support an increase in Compensation, the Parties shall execute an amendment to this Agreement to reflect such increase. In no even t shall any increase in Compensation exceed the actual percentage increase in the Consumer Price Index – All Urban Consumers covering Orange County, as determined by the United States Department of Labor, Bureau of Labor Statistics for the proceeding Twelve (12) months.
3.8.2 No Reimbursable Expenses. Except as otherwise agreed to by the Parties in writing, City shall not be reimbursed for any expenses associated with rendering the Services under this Agreement.
3.8.3 Withholding Payment to City. HCOC may withhold payment of the Compensation, in whole or in part, to the extent reasonably necessary to protect HCOC from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by HCOC to withhold or deduct Compensation paid to City shall not constitute a waiver of the HCOC’s right to such sums. HCOC may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by HCOC, incurred by HCOC for which City is liable under the Agreement or state or federal law.
3.9 Termination.
3.9.1 Grounds for Termination. Either Party may terminate this Agreement for cause if the other Party violates this Agreement and thereafter fails to cure such violation within Ninety (90) days after receipt of written notice of such violation or within a period that the Parties mutually agree to in writing. Either Party may also terminate this Agreement for any reason (i.e., without cause) by providing One Hundred Eighty (180) days written notice to the other Party.
3.9.2 Employment of other Contractors. At any time and for any reason, HCOC may procure, upon such terms and in such manner as it may determine appropriate, services similar to those contemplated under this Agreement.
3.10 Confidentiality.
All records, either created by or provided to City in connection with the performance of this Agreement, shall be held confidential by City to the extent they are not subject to disclosure pursuant to applicable law, including the California Public Records Act. Except as otherwise provided by law: (i) records shall not, without the written consent of HCOC, be used or reproduced by City for any purposes other than the performance of the Services; and (ii) City shall not disclose, cause or facilitate the disclosure of the records to any person or entity not connected with the performance of the Services. City shall not use HCOC’s name or insignia, photographs, or any publicity pertaining to the Services, the HOPE Center, or the HOPE Center Property in any magazine, trade paper, newspaper, television, website or social media post, radio production or other similar mediums without the written consent of HCOC.
3.11 Indemnification.
City shall defend (with counsel of HCOC’s choosing), indemnify and hold HCOC, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
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equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to the negligent performance of the Services or this Agreement by City, its officials, officers, employees, subcontractors, consultants or agents, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.. The City shall not be liable for the defense or indemnification of HCOC for claims, demands, causes of action, costs, expenses, liability, loss, damage or injury arising out of the negligence or misconduct of HCOC. City’s obligat ions under this section shall survive the expiration or termination of this Agreement.
HCOC shall defend (with counsel of City’s choosing), indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to negligent operations or performance of this Agreement by HCOC, its officers, employees, subcontractors, consultants or agents, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. HCOC shall not be liable for the defense or indemnification of City for claims, demands, causes of action, costs, expenses, liability, loss, damage or injury arising out of the negligence or misconduct of City. HCOC’s obligations under this section shall su rvive the expiration or termination of this Agreement.
In the event such injuries are proximately caused by the concurrent negligence or willful misconduct of both Parties hereto, each Party shall be liable for the damages in the same proportion that the damages are caused by the negligence or willful misconduct of that Party.
3.12 Records.
Each Party shall maintain complete and accurate records with respect to the performance and all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Each Party shall allow a representative of the other Party, or any duly authorized representative of the state or federal government that has provided funding for the Services, to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Each Party’s obligation to maintain such records shall survive the expiration or termination of this Agreement. Each Party shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
3.13 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.
3.14 Successors and Assigns.
Neither Party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other Party, which shall not be unreasonably withheld.
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3.15 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.16 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California and, where applicable, by federal law. Venue shall be in Orange County.
3.17 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.
3.18 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
3.19 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.20 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
3.21 Safety.
City shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the City shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.22 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
HCOC: Hope Center of Orange County
Executive Director
2050 Youth Way, Building 1
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Fullerton, CA 92835
With a Copy to:
Best Best & Krieger
Attn: HongDao Nguyen
General Counsel to the Hope Center
18101 Von Karman Ave., Suite 1000
Irvine, CA 92612
Email: [email protected]
City: Eric Levitt
City Manager for the City of Fullerton
303 W Commonwealth Ave
Fullerton, CA 92832
Email: [email protected]
With a Copy to:
Jones & Mayer
Attn: Richard D. Jones
City Attorney for the City of Fullerton
3777 North Harbor Blvd.
Fullerton, CA 92835
Email: [email protected]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.23 Attorney’s Fees.
If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other reasonable costs of such action, including expert witness fees and expenses.
3.24 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.25 Prohibited Interests.
For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.26 Equal Opportunity Employment.
City represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.27 Labor Certification.
By its signature hereunder, City certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.28 Subcontracting.
As specified in this Agreement, City shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of HCOC. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
Signatures on Following Page
IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into effective on the date last executed hereinafter. effective on the date last executed hereinafter.
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CITY OF FULLERTON HOPE CENTER OF ORANGE COUNTY
By:
By:
City Manager Executive Director
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT “A”
PUBLIC SAFETY WORK PLAN
The HOPE Center operates on a 10-hour day Monday through Friday. The HOPE Center works with the designated Police Department Command Staff, which works a four 10-hour day weekly.
In addition to the Police Department Command Staff responsibilities, they will perform all Services in accordance with this Agreement and under the direction of the City Representative, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.
The HOPE Center responsibilities include, but are subject to change:
Ensure the safety of HOPE Center staff and partners staff by providing insight of current trends in criminal behavior in the homeless.
Review and approve operations of any provided City Vehicles, per the Master Vehicle License Agreement (review of accidents, drivers’ records). Work with city Fleet Services on maintenance and replacement of city provided vehicles as needed.
Implement and adjust law enforcement partnerships at the HOPE Center to respond regionally and efficiently.
o Establish relationships with partnering cities’ homeless liaison officers to communicate HOPE Centers purpose and activities and law enforcement’s role in region.
o Advise and contribute to the creation of a regional Best Practices to standardize street homeless outreach and engagement services.
Identify level of need for law enforcement with homeless service-related calls through dispatch and which homeless calls require public safety support. o Review and categorize calls for dispatch staff.
o Attend and report to North Orange County Public Safety Collaborative meetings monthly.
o Assist in mapping and clean-up of hotspots.
Creations and assignment of outreach. & engagement field teams to known hotspots o Coordinate with Caltrans, CHP, BNSF, UOP for clean-up and outreach. Attend monthly Captain’s meeting of partnering cities. Assist as needed in both dispatch calls and proactive engagement.
The Public Safety Work Plan may be amended and reviewed as needed with the growth of the HOPE Center. Any amendments will be coordinated with the designated Fullerton Police Captain.
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Exhibit “B”
REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
(A) Appendix II to Part 200 (A) - Remedies: The Parties shall comply with the administrative, contractual, or legal remedies in the Agreement for when the Subrecipient violates or breaches the Agreement terms and shall comply with the applicable sanctions and penalties as appropriate in the Agreement.
(B) Appendix II to Part 200 (B) - Termination for Cause/Convenience. The Parties shall comply with the termination for cause provision and the termination for convenience provision in the Agreement.
(C) Appendix II to Part 200 (C) – Equal Employment Opportunity: Since the Agreement does not meet the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, this provision is not applicable to the Agreement.
(D) Appendix II to Part 200 (D) – Davis-Bacon Act: Since the Agreement does not involve the construction, alteration, or repair of public buildings or public works, this provision is not applicable to the Agreement.
(E) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: This provision is not applicable to the Agreement for the following reasons:
(1) The Agreement does not involve any contract requiring or involving the employment of laborers or mechanics on a public work of the federal government, U.S. territory, or the District of Columbia.
(2) The Agreement is not a contract to which the federal government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party. (3) The Agreement is not made for or on behalf of federal government, an agency or instrumentality, a territory, or the District of Columbia. (4) The Agreement is not a contract financed at least in part by loans or grants from, or loans insured or guaranteed by, the federal government or an agency or instrumentality under any federal law providing wage standards for the work. (F) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
This provision is not applicable to the Agreement.
(G) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
The Subrecipient shall comply with the following:
(1) Pursuant to the Clean Air Act, (1) Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Subrecipient agrees to report each
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violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection District Regional Office, and (3) Subrecipient agrees to include these requirements in each subcontract exceeding $150,000.
(2) Pursuant to the Federal Water Pollution Control Act, (1) Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Subrecipient agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Subrecipient agrees to include these requirements in each subcontract exceeding $150,000.
(H) Appendix II to Part 200 (H) – Debarment and Suspension:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Subrecipient is required to verify that none of the Subrecipient’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) Subrecipient must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City. If it is later determined that Subrecipient did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) Subrecipient agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the Agreement. The Subrecipient further agrees to include a provision requiring such compliance in its subcontracts.
(5) Subrecipient warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Subrecipient also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Subrecipient further agrees to notify the City in writing immediately if Subrecipient or its subcontractors are not in compliance during the term of this Agreement.
(I) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for 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
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member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(J) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(1) Subrecipient 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. 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.
(2) In the performance of this Agreement, the Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
(3) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (4) Subrecipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(K) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Subrecipient shall not 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 funded under this Agreement. 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). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
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(3) Telecommunications or video surveillance equipment or services produced or provided by an 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. (4) See Public Law 115-232, section 889 for additional information. (L) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
Subrecipient shall, to the greatest extent practicable, purchase, acquire, or use 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 subcontracts.
(1) For purposes of this section:
(i) “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. (ii) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.