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Section 5. GRANT FINANCING AND ASSURANCES <br />A. This Agreement is contingent upon City's receipt of Energy Efficiency and <br />Conservation Block Grant Funding (EECBG) in an amount equal to or greater than <br />the Scope of Work. If the City has not received the initial deposit of EECBG funds <br />within forty-five (45) days from the execution of this Agreement, this Agreement <br />shall be null and void. This forty-five (45) day period may be extended as mutually <br />agreed upon in writing by both parties. In the event that the Agreement becomes null <br />and void as described in the preceding paragraph and City authorized Contractor to <br />proceed with Scope of Work, City shall be obligated to reimburse Contractor for the <br />Work performed up to and including the date that the Work is terminated. The <br />Contractor is not required to proceed with any of the Work until such authorization to <br />proceed is provided to the Contractor by the City. <br />B. Contractor shall comply with all applicable requirements of state and federal laws, <br />executive orders, regulations, program and administrative requirements, policies and <br />any other requirements governing the EECBG program, including the following: <br />1. Registration Requirements <br />Contractor shall maintain current registration in the Center Contractor <br />Registration (http//www.ecr.gov) at all times during which it is contracting to <br />provide services funded with ARRA funds. <br />2. Nondiscrimination and Affirmative Action <br />Contractor shall comply with the applicable nondiscrimination and <br />affirmative action provisions of the laws of the United States of America <br />and the State of California, as set forth in the Contractor Certifications, <br />attached hereto as Exhibit D. In performing this Agreement, Contractor <br />shall not discriminate in its employment practices against any employee or <br />applicant for employment because of such person's race, religion, national <br />origin, ancestry, sex, sexual orientation, age, physical handicap, mental <br />disability, marital status, domestic partner status or medical condition. <br />3. Contractor shall comply with the Buy American provisions (Sec. 1605), of the <br />ARRA, by requiring that all iron, steel and manufactured goods used in the <br />Scope of Work are produced in the United States, except as provided therein. <br />4. DAVIS-BACON ACT. <br />All laborers and mechanics employed by contractors or subcontractors in the <br />performance of construction work, including alterations and repairs, in excess of <br />$2,000.00, financed in whole or in part with federal funds shall be paid wages at <br />rates not less than those prevailing on similar construction in the locality as <br />determined in accordance with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.). <br />Any such construction contract shall include and comply with the required <br />contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll