The records shall include the following contract provisions and conditions:
(A) Contracts other than small purchase shall contain provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and provide for sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 shall provide for termination for cause and for convenience by the City of Mt. Vernon including the manner in which it will be done and the basis for settlement.
(C) All construction contracts and subcontracts in excess of $10,000 shall include provisions which require compliance with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in DOL regulations (41 CFR Part 60).
(D) All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland “Anti-Kick-Back” Act (18 USC 874) as supplemented by DOL regulations (29 CFR Part 3).
(E) All contracts or subcontracts in excess of $2,000 for construction or repair shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by DOL regulations (29 CFR Part 5).
(F) All construction or repair contracts or subcontracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment or mechanics or laborers, shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by DOL regulations (29 CFR Part 5).
(G) Each contract shall include a notice of the City of Mt. Vernon requirements and regulations pertaining to reporting and patent rights under any contract involving respect to any discovery or invention which arises or is developed in the course of or under such contract, and of the state requirements pertaining to copyrights and rights in data.
(H) All negotiated contracts shall include a provision that makes it possible for the City of Mt. Vernon, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to have access to any books, documents, papers, or records of the contractor/firm that are directly pertinent to the contract, for the purpose of making audit examination excerpts and transcriptions. Further, the contract must include a provision that all required records will be maintained by the contractor/firm for a period of four years after the City of Mt. Vernon formally closes out each Community Development Assistance Program.
(I) All contracts, subcontracts, and sub grants in amounts in excess of $100,000 shall contain a provision which requires compliance with the requirements of Section 306 of the Clean Air Act (42 USC 1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
(J) Contracts shall recognize mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
(K) The City of Mt. Vernon will be permitted to require changes, remedies, changed conditions, access and record retention, and suspension of work clauses approved by the City of Mt. Vernon.
(Ord. 2024-07, passed 3-4-2024)