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(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C and must include a requirement to comply with these regulations in any lower tier <br />covered transaction it enters into. <br />(iii) This certification is a material representation of fact relied upon by City. If <br />it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. <br />pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may <br />pursue available remedies, including but not limited to suspension and/or debarment. <br />(iv) Consultant warrants that it is not debarred, suspended, or otherwise <br />excluded from or ineligible for participation in any federal programs. Consultant also agrees to <br />verify that all subcontractors performing work under this Agreement are not debarred, disqualified, <br />or otherwise prohibited from participation in accordance with the requirements above. Consultant <br />further agrees to notify the City in writing immediately if Consultant or its subcontractors are not <br />in compliance during the term of this Agreement. <br />(i) Appendix 11 to Part 200 (I) — Byrd Anti -Lobbying Act: Consultants that apply or <br />bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the <br />tier above that it will not and has not used Federal appropriated funds to pay any person or <br />organization for influencing or attempting to influence an officer or employee of any agency, a <br />member of Congress, officer or employee of Congress, or an employee of a member of Congress <br />in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. <br />1352. Each tier must also disclose any lobbying with non -Federal fimds that takes place in <br />connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up <br />to the recipient who in turn will forward the certification(s) to the awarding agency. <br />(i) Appendix II to Part 200 (J) — 6200.323 Procurement of Recovered Materials: <br />(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, <br />as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 <br />include procuring only items designated in guidelines of the Environmental Protection Agency <br />(EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, <br />consistent with maintaining a satisfactory level of competition, where the purchase price of the <br />item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year <br />exceeded $10,000; procuring solid waste management services in a manner that maximizes energy <br />and resource recovery; and establishing an affirmative procurement. <br />(ii) In the performance of this Agreement, the Consultant shall make maximum <br />use of products containing recovered materials that are EPA -designated items unless the product <br />cannot be acquired: competitively within a timeframe providing for compliance with the contract <br />performance schedule; meeting contract performance requirements; or at a reasonable price. <br />(iii) Information about this requirement, along with the list of EPA -designate <br />items, is available at EPA's Comprehensive Procurement Guidelines web site, <br />https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program. <br />(iv) The Consultant also agrees to comply with all other applicable requirements <br />of Section 6002 of the Solid Waste Disposal Act." <br />