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REV: 09-14-2022 VR
<br />The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally
<br />assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any
<br />agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
<br />The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of TTs and sub TTs
<br />with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of
<br />Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the
<br />agency's primary responsibility for securing compliance.
<br />The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
<br />contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order
<br />and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering
<br />agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these
<br />undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
<br />guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance
<br />of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
<br />TT must include the equal opportunity clause in each of its nonexempt subcontracts, and require all non-exempt subcontractors to include the equal opportunity clause in
<br />each of its nonexempt subcontracts.
<br />PARTICIPATION BY MINORITY & WOMEN-OWNED BUSINESS ENTERPRISES
<br />Client and TT must comply with the Minority and Women-owned Business Enterprise participation requirements. Client and TT must take all affirmative steps necessary
<br />to subcontract with Minority and Women-owned Business Enterprises (MWBEs) to assure that MWBEs are used when possible. These affirmative steps shall include:
<br />A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
<br />B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
<br />C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and
<br />women’s business enterprises;
<br />D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
<br />and
<br />E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of
<br />the Department of Commerce.
<br />TT and subcontractors are required to facilitate Minority & Women-Owned Business Enterprise participation. TT is encouraged to utilize MWBEs / HUB firms as
<br />subcontractors, subconsultants, or suppliers in order to comply with the requirements. TT and subcontractors must facilitate Minority & Women-Owned Business Enterprise
<br />participation and take all affirmative steps to utilize MWBEs / HUB firms as subcontractors, subconsultants, or suppliers throughout the life of the Contract.
<br />POTENTIAL CONFLICTS OF INTEREST
<br />TT must comply with disclosure requirements. TT shall not use funds to directly or indirectly pay any person for influencing or attempting to influence any public
<br />employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment or modification of any contract.
<br />PREVAILING WAGES
<br />TT must comply with the State of California Prevailing Wage Rates. Accordingly, TT must submit a certified payroll records as required, and compensate any worker
<br />employed on a public works project not less than as applicable. As noted under “Davis Bacon and Related Acts”, when required by Federal program legislation,
<br />construction contracts in excess of $2,000 awarded by Client shall require compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented
<br />by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
<br />accordance with the statute, TT must pay wages to laborers and mechanics at a rate not less than the local prevailing wages, or Davis Bacon wages, as applicable. If both the
<br />State prevailing wages and Davis Bacon provide rates for a particular class, TTs must pay the greater wage rate. In addition, TT must pay wages not less than once a week.
<br />TT and subcontractors shall keep, or cause to be kept, an accurate record showing the names of all workers, also the actual per diem wages paid to each of such workers.
<br />TT shall impose these same obligations upon its Subcontractors.
<br />PROCUREMENT OF RECOVERED MATERIALS
<br />TT must comply with Section 6002 of the Solid Waste Disposal Act, Pub. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at
<br />42 U.S.C. § 6962), include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
<br />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 by
<br />the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an
<br />affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
<br />RIGHTS TO INVENTIONS
<br />Any discovery or invention that arises during the course of the contract shall be reported to the Client. This clause requires TT to disclose promptly inventions to the Client
<br />(within 2 months) after the inventor discloses it in writing to TT personnel responsible for patent matters. The awarding agency shall determine how rights in the
<br />invention/discovery shall be allocated consistent with "Government Patent Policy" and Title 37 C.F.R. § 401.
<br />If the Federal award meets the definition of “funding agreement” under 37 C.F.R. §.401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small
<br />business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that
<br />ATTY/AGR.2022.320/Tetra Tech (Emergency Management) (Page 16 of 17)
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