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1. Davis -Bacon Act <br />All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, <br />including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be <br />paid wages at rates not less than those prevailing on similar construction in the locality as determined in <br />accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction <br />contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. <br />Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be <br />maintained and submitted, or made available, pursuant to 29 C.P.R. §5.5(a)(3). No payment, advance, grant, loan <br />or guarantee of fluids shall be approved by the federal agency unless there is on file with the agency a certification <br />by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.P.R. §5.5. A <br />breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment <br />as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews /investigations shall be <br />made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). <br />VII. ADMINISTRATIVE REQUIREMENTS <br />Generally <br />The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall <br />procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318 -326. <br />A. Procurement <br />(1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the <br />procurement of equipment, goods, and services, and shall maintain inventory records of all non - expendable <br />personal property as defined by such policy as may be procured with funds provided herein. The <br />SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, <br />etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. <br />(2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an <br />approved federally recognized cost rate negotiated between the SUBRECIPIENT and the Federal government, or, <br />if no cost rate exists, the de minims indirect cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall <br />be used. For this agreement, the de minims indirect cost of 10% will apply. <br />(3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in <br />compliance with the requirements of 2 CFR Part 200. <br />B. Reporting <br />Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § <br />576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15`x' day of October, January, April, <br />and July, as part of the Quarterly Report: <br />(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, <br />agreements, or other documentation supporting and evidencing how the ESG Funds have been <br />expended during the applicable quarter. <br />12 <br />