DEKALB COUNTY GOVERNMENT

Transcription

1 DEKALB COUNTY GOVERNMENT PROJECT MANUAL FOR Optical Multiplexers and Attenuators For DeKalb County DATA Project September 8, 2011

2 TABLE OF CONTENTS Advertisement for Bids 3 General Requirements 4-5 Technical Specifications 6 Bidder s Proposal 7 Exhibit A Federal Requirements 8-10 Exhibit B State of Illinois Requirements Supplier Agreement and Certification

3 INVITATION TO BID OPTICAL MULTIPLEXERS FOR DEKALB COUNTY DATA PROJECT Sealed bids will be accepted by DeKalb County Government up to the hour of 2:00 PM prevailing time, Tuesday, September 27, 2011 at the DeKalb County Finance Office, 200 N. Main Street, Sycamore, IL for Optical Multiplexers and Attenuators for the DeKalb Advancement of Technology Authority Broadband Project. Specifications and requirements are available at the above address or on the County s website: All bidders are encouraged to submit a notice of Intent to Bid with the Finance Office (via to garyhanson@dekalbcounty.org) no later than Friday, September 23, DeKalb County Government reserves the right to reject any bid and to accept the bid that is in the best interest of the County. All potential bidders are advised this purchase is being funded by a grant provided by the National Telecommunications and Information Agency (NTIA) under the American Recovery and Reinvestment Act (ARRA) and is subject to the provisions thereof. 3

4 General Requirements 1. Receipt and Opening of Bids. Sealed bids will be accepted by DeKalb County Government up the hour of 2:00 PM prevailing time, Tuesday, September 27, 2011 at the DeKalb County Finance Office, 200 N. Main Street, Sycamore, IL for Optical Multiplexers and Attenuators for the DeKalb Advancement of Technology Authority Broadband Project. Each bid must be submitted no later than the date and time specified above and placed in a sealed envelope plainly marked: Sealed Bid- Optical Multiplexers Due 2:00 PM 9/27/11. Immediately after the due date and time, all bids shall be opened and read aloud. Specifications and requirements are available at the above address or on the County s website: All bidders are encouraged to submit a notice of Intent to Bid with the Finance Office (via to garyhanson@dekalbcounty.org) no later than Friday, September 23, 2011.DeKalb County Government reserves the right to reject any bid and to accept the bid that is in the best interest of the County. All potential bidders are advised this purchase is being funded by a grant provided by the National Telecommunications and Information Agency (NTIA) under the American Recovery and Reinvestment Act (ARRA) and is subject to the provisions thereof. 2. Products. All products proposed herein shall be warranted to meet or exceed the Technical Specifications. In any case where the equipment being proposed by the bidder is known to not meet the specifications, the bidder shall attach a statement to this bid explaining all deficiencies. Supplier acknowledges and agrees that the manufacture and sale of the Products related to the Project shall comply with all the applicable statutes, regulations, executive orders, Federal Acquisition Regulations, Office of Management and Budget circulars, terms and conditions and approved applications as may apply to the Project or required by the Special Award Conditions applicable to the Project and that certain grant award NT10BIX (the Grant ) from the U.S. Department of Commerce National Telecommunications and Information Administration under The American Recovery and Reinvestment Act of 2009 in connection with the Project. Such requirements, shall include, but not be limited to, Supplier s Product(s) using, if such materials are used in or a part of the Product(s), iron, steel and manufactured goods produced in the United States pursuant to Section 1605 of the American Recovery and Reinvestment Act of 2009 (the ARRA ). 3. Purchase Orders and Invoices. The quantity of each item specified in the bidder s proposal is the estimated quantity required for the project. The price provided in the bidder s proposal shall be firm for 60 days after due date. Bidder may invoice County when order has shipped in its entirety and payment shall be made to supplier in compliance with the Prompt Payment Act. 4. Shipping and Delivery. All products ordered under this bid shall be shipped to the County at the address shown on the face of the purchase order within 14 calendar days of order (or as otherwise mutually agreed), via insured commercial carrier, freight prepaid and added to the invoice. 5. Warranties a. Supplier warrants that each Product shall: (i) be free and clear of all liens and encumbrances; (ii) be merchantable; (iii) be new, free of defects in design, materials, workmanship, packaging, labeling and tagging, and include all necessary warnings and safety devices; (iv) meet Supplier's specifications and all applicable industry standards and code requirements for the Product, as in effect at the time of Product shipment; (v) meet all specifications for the Product contained herein; (vi) comply with the claims, representations and warranties made; and (vii) be 4

5 equivalent in design, materials, quality, finish, workmanship and performance to any samples, designs or drawings submitted to and approved by DeKalb County. b. Supplier shall cooperate and assist, if requested by DeKalb County Government, with the compliance with the award Terms and Conditions under the Grant and the requirements under that certain Indefeasible Right to Use Agreement dated November 29, 2010 by and between DeKalb County Government and DeKalb Fiber Optic, LLC. c. Notwithstanding anything to the contrary in this Agreement and in addition to all other rights herein or at law, upon the request of DeKalb County Government, Supplier shall immediately replace and repair any defective Product(s). 6. Compliance with Laws. Supplier warrants that each Product shall be manufactured, packaged, tagged, labeled and shipped in accordance with all applicable Laws. Supplier shall identify in an MSDS or other written statement all hazardous or toxic substances (as those terms are defined in any applicable Laws) contained in any Product. With the exception of such hazardous or toxic substances so identified, Supplier warrants that each Product contains no hazardous or toxic substances. Supplier shall be solely responsible for any recall, replacement or repair of any Product ordered by any governmental agency or court. Supplier warrants that it shall comply with all applicable Federal, state, and local Laws and regulations regarding the manufacturing and sale of the Product(s) to DeKalb County during the Term of this Agreement, including, but not limited to, the requirements set forth on Exhibit A attached hereto (the Federal Requirements ), and Exhibit B, attached hereto, (the State of Illinois Requirements) to the extent applicable, as if Supplier is in place of DeKalb County. 7. Supplier Agreement and Certification. As a condition of submitting a bid for this purchase, supplier shall sign and submit with his bid the Supplier Agreement and Certification attached hereto. 5

6 Technical Specifications Vendor shall provide 8 Channel CWDM Optical Add/Drop Multiplexers with SC/UPC Connectors that will fit into a LGX modular panel. The product must comply with CWDM ITU Grid based on 20nm channel spacing and Telecordia GR-1209 and GR-1221 standards. Certification to work with Ciena/Worldwide Packets CWDM 3916 products preferred. Also required are buildout attenuators in LC formats. Description Qty 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1470nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1490nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1510nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1530nm 16 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1550nm 10 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1570nm 10 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1590nm 9 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1610nm 9 Buildout Attenuators in LC format with 2dB Value 20 Buildout Attenuators in LC format with 5dB Value 30 Buildout Attenuators in LC format with 10dB Value 30 Buildout Attenuators in LC format with 15dB Value 30 6

7 Bidder s Proposal Optical Multiplexers To: DeKalb County Government Finance Office c/o Gary H. Hanson, Deputy County Administrator 200 N. Main Street Sycamore, IL The undersigned proposes to backhaul equipment for the DATA project as specified for the bid amounts as listed. Notes- Bid shall be subject to acceptance for 60 days from date of bid. - DeKalb County Government is exempt from sales taxes. Please check here if equipment being proposed does not meet specifications in any way and include separate explanation. Please check here to acknowledge receipt of and compliance with Federal Grant Requirements (#1-9) per attached Exhibit A. Please check here to acknowledge receipt of and compliance with State of Illinois Grant Requirements (#1-7) per attached Exhibit B. Please check here to confirm vendor has signed and attached Supplier Agreement and Certification. Description Qty Price Extended Price 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1470nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1490nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1510nm 19 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1530nm 16 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1550nm 10 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1570nm 10 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1590nm 9 1-Lambda Add/Drop, SMF-28, SC/UPC LGX 1610nm 9 Buildout Attenuators in LC format with 2dB Value 20 Buildout Attenuators in LC format with 5dB Value 30 Buildout Attenuators in LC format with 10dB Value 30 Buildout Attenuators in LC format with 15dB Value 30 Lead Time (Total) Bids are due 2:00 PM Tuesday, September 27, Submitted by: (Printed Name of Representative) ( address) (Signature) Date: 7 (Address) (Phone) (Please provide FEIN or DUNNS number to verify supplier is not included on Federal Excluded Parties List )

8 EXHIBIT A Federal Requirements Dekalb County Government is the Awardee for Federal Broadband Infrastructure Grant NT10BIX Following are the provisions of the Federal Special Award Conditions with which vendor compliance is required for this purchase: 1. 2 CFR 1326 and Executive Order 12549: This Contract is subject to 2 CFR Part 1326 Subpart C Government wide Debarment and Suspension and to Executive Order 12549, which provides that no award will be made to any party which is debarred or suspended or is otherwise excluded form or ineligible for participation in Federal Assistance programs. The vendor shall verify that they are not debarred or suspended, and that no subcontractor has been debarred or suspended. 2. Lobbying Activities: This Contract is subject to 31 U.S.C as implemented at 15 CFR Part 28, New Restrictions on Lobbying. Vendor shall submit a completed Disclosure of Lobbying Activities (Form SF-LLL) regarding the use of non-federal funds for lobbying. The Form SF-LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL shall be submitted from tier to tier until received by the recipient. The recipient must submit all disclosure forms received, including those that report lobbying activity on its own behalf, to the Grants Officer within 30 days following the end of the calendar quarter. 3. Kick-back Activities: The vendor agrees to comply with the Copeland Anti-Kickback Act. 4. Subcontract To Federal Agency: Vendor shall not sub-contract any part of the approved project to any employee or agency of DOC and/or other Federal department, agency or instrumentality, without prior written approval of the Grants Officer. 5. Reporting and Registration under the ARRA: Vendor agrees to cooperate and to report on the use of ARRA funds as required. Reports are due no later than 10 days after each calendar quarter in which ARRA funds are received. Vendor and DeKalb County will maintain current registrations in the Central Contractor Registration at all times during which they have active federal awards funded with ARRA funds. Vendor will cooperate and assist the County in the submission of a Financial Status Report on a quarterly basis as required under the Department of Commerce requirements. Vendor agrees to cooperate and timely submit all performance or technical reports as required. Vendor agrees to the retention of all required records for three years after final payments have been made. Vendor agrees that DeKalb County and any appropriate Federal authority, shall have access to any books, documents, papers, and records of Vendor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. 6. Use of American Iron, Steel and Manufactured Goods under Section 1605 of the ARRA: Broadband Equipment has been provided a limited waiver of the Buy America requirements. 8

9 7. Wage Rate Requirements under Section 1606 of the ARRA: The vendor agrees to comply with Section 1606 of the ARRA, which requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through ARRA funds shall be paid wages at rates not less than those prevailing on projects of a character similar in locality of DeKalb County. The parties agree to comply with the pertinent Davis-Bacon Act requirements associated herewith. 8. Contract Work Hours and Safety Standards: The vendor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act. 9. Construction-related requirements: a) Maintenance: The vendor agrees to properly and efficiently administer, operate and maintain the Project for the useful life of the Project. b) Compliance: The vendor will comply with all applicable Federal, State and local laws and regulations. c) Energy Efficiency: The vendor shall apply, where feasible, sustainable, and energy efficient, design principles for the purpose of reducing pollution, and energy costs and optimizing lifecycle costs associates with the construction. The vendor agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservations plan issues in compliance with the Energy Policy and Conservation Act. d) Non-Discrimination and Equal Opportunity Requirements: The vendor agrees to comply with the Equal Employment Opportunity Executive Order of September 24, 1965, as amended. e) Contracting with Small and Minority Firms, Women s Business Enterprise and Labor Surplus Firms: The vendor agrees to take all necessary affirmative steps to assure that minority firms, women s business enterprises, and labor surplus firms are used when possible. Affirmative steps shall include: Placing qualified small and minority businesses and women s business enterprises on solicitation lists; Assuring that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women s business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women s business enterprises; and Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. f) Debts: The parties agree to pay promptly and debts determined to be owed to the Federal Government. 9

10 g) Individual Background Screening: The vendor agrees to provide for individual background screening on key individuals as may be required under the Grant award and submit a Form CD-346 as required. h) Drug-Free Workplace: The vendor shall comply with the provisions of the Drug-Free Workplace Act of i) Codes of Conduct: DeKalb will maintain written standards of conduct to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain in the administration of the Award. Vendor will comply with such standards in accordance with Illinois law. j) Environmental Requirements: The vendor agrees to comply with all environmental standards in the Award and to comply with the Clean Air Act, Clean Water Act and Executive Order 11738, and Environmental Protection Agency regulations. 10

11 EXHIBIT B State of Illinois Requirements Dekalb County Government is the Awardee for State of Illinois Department of Commerce and Economic Opportunity Grant Following are the provisions of the State of Illinois Grant Agreement with which vendor compliance is required for this purchase: 1. Audits- Under Section3.1 of the Grant Agreement, DeKalb County is required to perform one or more audits on grant expenditure. The vendor will maintain records needed to prepare and cooperate with the County s auditors in the preparation of the required audit(s). 2. Reporting Requirement- Under Section 3.2 of the Grant Agreement, DeKalb County is required to submit periodic reports to the State of Illinois regarding financial expenditures and project progress. The vendor will maintain records needed to prepare and cooperate with the County in the preparation of the required report(s). 3. Monitoring- Under Section 3.6 of the Grant Agreement, Dekalb County is required to provide access for monitoring of grant performance. The vendor will cooperate with the County and State of Illinois representatives in monitoring the grant. 4. Records Retention- Under Section 3.7 of the grant agreement, DeKalb County is accountable for all Grant Funds received under this Agreement and shall maintain, for a minimum of four (4) years following the Department s final written approval of all required close-outs, unless the Department notifies the Grantee prior to the expiration of the four years that a longer period is required, adequate books, records, and supporting documents, including digital and electronic data, to verify the amount, recipients and uses of all disbursements of Grant Funds passing in conjunction with this Agreement. The vendor shall retain all records regarding this purchase as required in the section. 5. Final Financial Status Report- Under Section 5.3.A of the grant agreement, in addition to any other reporting requirements specified in this Agreement, DeKalb County shall complete and submit a Final Financial Status Report on forms provided by the Department, within forty-five (45) days of the earlier of the Grant Period end date or the effective date of termination of this Agreement. The vendor will maintain records needed to prepare and cooperate with the County in the preparation of the required report(s). 6. Final Financial Status Report- In addition to any other reporting requirements specified in this Agreement, DeKalb County shall complete and submit a Final Financial Status Report on forms provided by the Department, within forty-five (45) days of the earlier of the Grant Period end date or the effective date of termination of this Agreement. The vendor will maintain records needed to prepare and cooperate with the County in the preparation of the required report(s). 11

12 7. APPLICABLE STATUTES A. Vendor Responsibility All applicable Federal, State and local laws, rules and regulations governing the performance required by DeKalb County shall apply to Vendor and will be deemed to be included in this Agreement the same as though written herein in full. Vendor is responsible for compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, neither DeKalb County nor the Department of Commerce and Economic Opportunity shall be responsible for monitoring Vendor s compliance. B. Land Trust/Beneficial Interest Disclosure Act ( 765 ILCS 405/2.1) No grant award Grant Funds shall be paid to any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land, which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless an affidavit is first filed with the Department identifying each beneficiary of the land trust by name and address and defining such interest therein. C. Historic Preservation Act (20 ILCS 3420/1 et seq.) DeKalb County will not expend Grant Funds under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property, structure or structures, which will result in the change in the character or use of any historic property, except as approved by the Illinois Historic Preservation Agency. D. State of Illinois Discrimination Laws (775 ILCS 5/1-101 et seq.) In carrying out the performance required under this Agreement, the Vendor shall comply with all applicable provisions of the Illinois Human Rights Act, and rules and regulations promulgated by the Illinois Department of Human Rights, prohibiting unlawful discrimination in employment. Vendor s failure to comply with all applicable provisions of the Illinois Human Rights Act, or applicable rules and regulations promulgated thereunder, may result in a determination that Vendor is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this purchase may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. E. Drugfree Workplace Act (30 ILCS 580/1 et seq.) Vendor will make the required certification and will comply with all of the provisions of the Drugfree Workplace Act that are applicable to the endor. False certification or violation of the requirements of the Drugfree Workplace Act may result in sanctions including, but not limited to, suspension of payments, termination of this purchase and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. F. Freedom of Information Act (5 ILCS 140/1 et seq.) Applications, programmatic reports and other information obtained by the State of Illinois or by DeKalb County under this Agreement shall be administered pursuant to the Freedom of Information Act. G. Prevailing Wage Act (820 ILCS 130/0.01 et seq.) Not Applicable 12

13 H. Victims Economic Security and Safety Act (820 ILCS 180 et seq.) If the vendor has 50 or more employees, it may not discharge or discriminate against an employee who is a victim of domestic violence, or who has a family or household member who is a victim of domestic violence, for taking up to a total of twelve (12) work weeks of leave from work during any twelve month period to address the domestic violence, pursuant to the Victims Economic Security and Safety Act. The vendor is not required to provide paid leave under the Victims Economic Security and Safety Act, but may not suspend group health plan benefits during the leave period. Any failure on behalf of the Vendor to comply with all applicable provisions of the Victims Economic Security and Safety Act, or applicable rules and regulations promulgated there under, may result in a determination that the Vendor is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this purchase may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked, as provided by Statute or regulation. I. Equal Pay Act of 2003 (820 ILCS 112 et seq.) If the vendor has four or more employees, it is prohibited by the Equal Pay Act of 2003 from paying unequal wages to men and women for doing the same or substantially similar work. Further, the vendor is prohibited by the Equal Pay Act of 2003 from remedying violations of the Act by reducing the wages of other employees or discriminating against any employee exercising his/her rights under this Act. Any failure on behalf of the vendor to comply with all applicable provisions of the Equal Pay Act of 2003, or applicable rules and regulations promulgated thereunder, may result in a determination that the vendor is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this purchase may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked, as provided by Statute or regulation. J. Steel Products Procurement Act (30 ILCS 565 et seq.) Not Applicable K. Use of Illinois Labor for Public Works Projects (20 ILCS 605/ ; 30 ILCS 570/0.01) Not Applicable 13

14 DEKALB COUNTY GOVERNMENT FINANCE OFFICE 200 N. MAIN STREET SYCAMORE, IL THE DEKALB ADVANCEMENT OF TECHNOLOGY AUTHORITY BROADBAND PROJECT SUPPLIER AGREEMENT AND CERTIFICATION STATEMENT OF INTENT. DEKALB COUNTY GOVERNMENT (COUNTY) is contracting with you for certain materials or services to be used in connection with the DeKalb Advancement of Technology Authority (DATA) project. The U.S. Department of Commerce National Telecommunications and Information Administration and other government agencies (collectively, the Government ) strictly regulates use of the award money under the Grant associated with the Project and has strict requirements regarding the policies and procedures used in purchasing process. Accordingly, this document combined with the attached purchase order contain both (i) COUNTY s terms and conditions regarding its order with you, and (ii) the requirements imposed upon COUNTY (and therefore you) as a result of COUNTY s obligations to the Government. GENERAL REQUIREMENTS. INSPECTION. All Products specified in this Order are subject to COUNTY s inspection within a reasonable time after arrival at the ultimate destination. If, upon inspection, any Products are found to be non-conforming, defective, of inferior quality or workmanship, or fails to meet the specifications of any other requirements of this Order (hereinafter Non-Conforming Goods ), then COUNTY may reject and return the Non-Conforming Goods to Seller at Seller s expense and may seek any and all remedies specified in the Supplier Agreement. Payment for Non-Conforming Goods shall not be an acceptance of such Products. Seller shall promptly correct any Products that do not comply with the warranties set forth in this Order. If COUNTY requests Seller to make any such correction and Seller thereafter fails or indicates its inability or unwillingness to do so, then COUNTY may correct (or cause to be corrected) the noncompliance or otherwise achieve compliance by the most expeditious means available to it and charge to or otherwise recover from Seller the cost thereof in accordance with the Supplier Agreement. If COUNTY rejects any Products that do not comply with the foregoing warranty, Seller shall have the time indicated in the Supplier Agreement to correct the noncompliance; if Seller fails to correct the noncompliance within such time, COUNTY may cancel this Order as to the non-complying Products without any liability or obligation of, or cost to, COUNTY with respect to such Products and without prejudice to any other rights or remedies of COUNTY with respect to such noncompliance (e.g., as to damages or cover). 14

15 TAXES COUNTY is exempt of all taxes. The tax exempt certificate may be downloaded from the COUNTY website, GRANT REQUIREMENTS 2 CFR 1326 and Executive Order 12549: This Contract is subject to 2 CFR Part 1326 Subpart C Governmentwide Debarment and Suspension (Nonprocurement) and to Executive Order 12549, which provides that no award will be made to any party which is debarred or suspended or is otherwise excluded form or ineligible for participation in Federal Assistance programs. The County has verified that COUNTY is not debarred or suspended, and COUNTY will verify that no subcontractor has been debarred or suspended. Lobbying Activities: This Contract is subject to 31 U.S.C as implemented at 15 CFR Part 28, New Restrictions on Lobbying. COUNTY and its subcontractors shall submit a completed Disclosure of Lobbying Activities (Form SF-LLL) regarding the use of non-federal funds for lobbying. The Form SF- LLL shall be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Form SF-LLL shall be submitted from tier to tier until received by the recipient. The recipient must submit all disclosure forms received, including those that report lobbying activity on its own behalf, to the Grants Officer within 30 days following the end of the calendar quarter. Kick-back Activities: The parties agree to comply with the Copeland Anti-Kickback Act. Subcontract To Federal Agency: COUNTY and/or any subcontractor shall not sub-contract any part of the approved project to any employee or agency of DOC and/or other Federal department, agency or instrumentality, without prior written approval of the Grants Officer. Reporting and Registration under the ARRA: The parties agree to cooperate and to report on the use of ARRA funds as required. Reports are due no later than 10 days after each calendar quarter in which ARRA funds are received. COUNTY will maintain current registrations in the Central Contractor Registration at all times during which they have active federal awards funded with ARRA funds. COUNTY will cooperate and assist the County in the submission of a Financial Status Report on a quarterly basis as required under the Department of Commerce requirements. The parties agree to cooperate and timely submit all performance or technical reports as required. The parties agree to the retention of all required records for three years after final payments have been made. The parties agree that Grantee and any appropriate Federal authority, shall have access to any books, documents, papers, and records of COUNTY which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Use of American Iron, Steel and Manufactured Goods under Section 1605 of the ARRA: The parties agree, subject to exceptions provided, that any construction, alteration, maintenance or repair of a public building or public work will use iron, steel and manufactured goods produced in the United States. Wage Rate Requirements under Section 1606 of the ARRA: The parties agree to comply with Section 1606 of the ARRA, which requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through ARRA funds shall be paid wages at rates not less than those prevailing on projects of a character similar in locality of DeKalb County. The parties agree to comply with the pertinent Davis-Bacon Act requirements associated herewith. 15

16 Contract Work Hours and Safety Standards: The parties agree to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act. Non-Discrimination and Equal Opportunity Requirements: The parties agree to comply with the Equal Employment Opportunity Executive Order of September 24, 1965, as amended. Contracting with Small and Minority Firms, Women s Business Enterprise and Labor Surplus Firms: The parties agree to take all necessary affirmative steps to assure that minority firms, women s business enterprises, and labor surplus firms are used when possible. Affirmative steps shall include: Placing qualified small and minority businesses and women s business enterprises on solicitation lists; Assuring that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business and women s business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women s business enterprises; and Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. Debts: The parties agree to pay promptly and debts determined to be owed to the Federal Government. Individual Background Screening: The parties agree to provide for individual background screening on key individuals as may be required under the Grant award and submit a Form CD-346 as required. Drug-Free Workplace: The parties shall comply with the provisions of the Drug-Free Workplace Act of Codes of Conduct: The County will maintain written standards of conduct to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain in the administration of the Award. COUNTY will comply with such standards in accordance with Illinois law. Environmental Requirements: The parties agree to comply with all environmental standards in the Award and to comply with the Clean Air Act, Clean Water Act and Executive Order 11738, and Environmental Protection Agency regulations. Supplier has read and agrees to comply. Seller: Name: Authorized Signature: Printed Name: 16