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Contract 2025-006A2025-006A Agreement Number: Z472O
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for- Hurricane Milton DR4834
The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1):
Subrecipient's name: Clermont, City of
Subrecipient's unique entity identifier: T36XEEDA7QZ3
Federal Award Date: 12/10/2024
Subaward Period of Performance Start and End Date (Cat A-B): 10/05/2024 - 04/11 /2025
Subaward Period of Performance Start and End Date (Cat C-G): 10/05/2024 - 04/11/2026
Amount of Federal Funds Obligated by this Agreement: N/A
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass -through entity to include this Agreement:
Total Amount of the Federal Award committed to the Subrecipient
by the pass -through entity:
Federal award project description (see Federal Funding
Accountability and Transparency Act (FFATA):
Name of Federal awarding agency:
Name of pass -through entity:
Contact information for the pass -through entity:
Assistance Listing Number (Formerly CFDA Number):
Indirect cost rate for the Federal award:
Assistance Listing Program Title (Formerly CFDA program Title):
Grant for communities to respond to and
recover from major disasters or
emergencies and for limited mitigation
Department of Homeland Security (DHS)
Federal Emergency Management Agency
F� EMA)
Florida Division of Emergency
Management (FDEM)
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
97.036
See Section 9 (d)
Disaster Grants - Public Assistance
(Presidentially Declared Disasters)
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Agency" or "FDEM"), and
Clermont, City of (hereinafter referred to as the "Subrecipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;
B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for
ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate
consequences of any adverse decisions rendered by FDEM, the Federal Awarding Agency, or any other State and
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Federal agencies with audit, regulatory, or enforcement authority;
C. This Agreement establishes the relationship between the Agency and the Subrecipient to allow the
Agency to pay grant funds to the Subrecipient.
THEREFORE, the Agency and the Subrecipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with
state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971,
Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards."
b. In addition to the foregoing, the Subrecipient and the Agency shall be governed by all applicable State
and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or
regulation in no way implies that no other statute, rule, or regulation applies.
c. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of
the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively
applied. All required provisions can be found in Attachment D: Required Contract Provisions.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Agency's Grant Manager shall be
responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Agency's
liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Agency shall:
i. Monitor and document Subrecipient performance; and
ii. Review and document all deliverables for which the Subrecipient requests payment.
b. The Agency's Grant Manager for this Agreement is:
Name and Title: Stephane Malet, Grant Program Manager
Bureau of: Recovery
Address: Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 815-4469
Email: Smyflorida.com
c. The name and address of the Representative of the Subrecipient responsible for the administration of
this Agreement is:
Name: Scott Borror
Address: 685 W. Montrose St.
Clermont, FL 34711
Telephone: 352-241-7368
Email: sborror@clermontfl.org
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In the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing
via letter or electronic email.
d. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Agency's
grants management system in accordance with Attachment B to this Agreement ("Systems Access Form").
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, of which may be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(7) SCOPE OF WORK
The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to
substantiate work completed.
(8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE
The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed.
Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster
applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal
Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and
remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced
required records retention periods. Work may only be performed during the timeframes established and approved by
FEMA for each Category of Work type.
(9) FUNDING
a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal
Awarding Agency for all projects approved for this Subrecipient for DR - 4834 - Hurricane Milton . Payments
to Subrecipients are contingent upon the granting of budget authority to the Agency.
b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General
Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies
under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for
matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required
match for grants to Local governments. Affected Local governments shall be required to provide one-half of the
required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not
apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share
shall be the responsibility of the Private Non -Profit Subrecipient.
c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal
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match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida
Statutes. Local governments must apply for the match waiver independently from their respective County.
d. Under the Federal Emergency Management Agency's Public Assistance Program, subrecipients may
seek reimbursement for indirect costs. 44 C.F.R. § 207.2, defines indirect costs as, "costs that are incurred by a
grantee for a common or joint purpose benefiting more than one cost objective that are not readily assignable to the
cost objectives specifically benefited". Additionally, "indirect costs may not be charged directly to a project or
reimbursed separately, but rather are considered to be eligible management costs under this part" (see 44 C.F.R. §
207.6). Any organization that receives Federal awards and requests recovery of indirect costs must have an approved
federally recognized indirect cost rate agreement (see 2 C.F.R. § 200.400 — 200.476 and Appendix IV to Part 200).
The indirect cost rate shall be negotiated between the subrecipient and the Federal government. If no approved rate
exists the Agency shall determine the appropriate rate in collaboration with the subrecipient, which is either the
negotiated rate between the Agency and the subrecipient or the de minimus indirect cost rate.
(10) PAYMENT
a. The payment method used by the Agency is either a Cost Reimbursement or an Advance Payment.
Advance payments will be governed by Chapter 216, Florida Statutes.
b. The Agency's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and
verify all funds received against all funds expended during the grant agreement period and produce a final
reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Subrecipient.
c. As required by 2 CFR 200.305 (b.) (8) and (9), The non -Federal entity must maintain advance payments of
Federal awards in interest bearing accounts.
(11)FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC)
If you are opted into the Florida Recovery Obligation Calculation (F-ROC) Program and received an F-ROC
score for this event, you will receive payment for all large, non -expedited, Category A and Category B projects, equal
to your score as a percentage upon obligation. Funding will remain contingent upon obligation by FEMA and the
Applicant will be liable for repayment (See (12) REPAYMENTS) upon de -obligation by FEMA of any disbursed funds.
Any de -obligation of funding is within FEMA's sole discretion and the Agency shall not be liable for FEMA's exercise
of its discretion. Participation in the F-ROC program does not guarantee funding and is dependent upon FEMA's
obligation. As stated in the executed F-ROC Participation Request Form:
a. The score is made up of three components:
i. 20% Baseline score for signing and returning the Request Form.
ii. Up to a 40% score for completing the DRA.
iii. Up to a 20% score for completing the PDQ.
b. Applicants who have received EMAP accreditation will receive an additional 5%.
c. The Applicant's score directly corresponds to the percent of the eligible obligated amount that will be
disbursed to the Applicant upon obligation of the Public Assistance project. After validation of all supporting
documentation is complete, the Applicant will receive the remainder of the validated, obligated amount.
d. If the Applicant has any open receivables with the Division, those receivables must be satisfied before
any disbursements are made through the F-ROC program.
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e. The Applicant may choose to receive a lesser score than the score earned through the completion of
the above components on a one-time basis per disaster. The Applicant must make a request to that effect in writing
to the Agency, on their letter head and duly signed by an authorized representative of the Applicant. Such a request
must be made prior to the obligation of funds for it to impact the Applicant's score and therefore, reflect upon the
obligation attaching thereto.
(12) REPAYMENTS
a. Refunds or repayments of obligated funds may be paid to the Agency through check or through a
payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Agency to
off -set against other obligated projects where deemed appropriate. The Subrecipient has 45 days to repay the funds
from the issuance of the invoice from the Agency. The Agency may impose a 1 % per month interest fee for unpaid
invoices.
b. All refunds or repayments due to FDEM under this Agreement are to be made payable to the order of
"Florida Division of Emergency Management," and must include the invoice number and the applicable Disaster and
Project number(s) that are the subject of the invoice, and be mailed directly to the following address:
Florida Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(13) RECORDS
a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention
requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance
with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this
Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may
be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e),
the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other
information the Federal Awarding Agency or FDEM designates as sensitive or the Subrecipient considers sensitive
consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.
b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient
to determine compliance with the requirements and objectives of the award and all other applicable
laws and regulations.
C. The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006.
The intent if this legislation is to empower every American with the ability to hold the government accountable for each
spending decision. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Agency must use to capture
and report sub -award and executive compensation data regarding first -tier subawards that obligate $30,000 or more in
Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
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(14) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F.
b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller
General of the United States, and the [Agency], or any of their authorized representatives, shall enjoy the right of
access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in
order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access
to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right
of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR §
200.337(c)).
c. As required by 2 CFR § 200.332(a)(5), the Agency, the Chief Inspector General of the State of Florida,
the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any
documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement,
in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such
documents.
d. Each public assistance subrecipient must submit a certification in FloridaPA.org to inform FDEM whether
their entity is subject to a Federal Single Audit. This is part of the Recovery Bureau's overall monitoring program.
e. The subrecipient agrees to submit the Federal Single Audit report to the Agency in FloridaPA.org no later
than 30 calendar days after receipt of the auditor's report.
f. Per (2 CFR §200.512(d), the subrecipient's auditor must electronically submit the single audit report to
the Federal Audit Clearinghouse (FAC) at fac.gov.
(15) REPORTS
a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Agency with quarterly reports and
any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency
Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Agency.
Reporting Time Period
Subrecipient Report Submittal
Deadline
Quarter 1 (Q1)
October 1 — December 31
January 15
Quarter 2 (Q2)
January 1 — March 31
April 15
Quarter 3 (Q3)
April 1 —June 30
July 15
Quarter 4 (Q4)
July 1 — September 30
October 15
b. The Subrecipient agrees to submit quarterly reports to the Agency no later than fifteen (15) days after
the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the
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closeout of each project in the Agency's Grant Management System. The ending dates for each quarter of the
program year are March 31, June 30, September 30, and December 31.
c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the
applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs.
d. The Subrecipient shall provide additional program reports, updates, or information that may be required
by FDEM or the Federal awarding agency.
(16) MONITORING
a. The Agency shall monitor the performance of the Subrecipient under this Agreement to ensure that the
Scope of Work is being accomplished within the specified time periods, and that other performance goals are being
met.
b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Agency. In the event that the Agency determines that an audit of the Subrecipient is appropriate,
the Subrecipient agrees to comply with any additional instructions provided by the Agency to the Subrecipient
regarding such audit.
c. Small Projects, as defined in 44 CFR § 206.203(c)(2), that are obligated above the Federal Simplified
Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Agency as authorized by 2
CFR § 200.332(a)(2).
(17) LIABILITY
a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida
Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement.
As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Agency harmless against all claims of
whatever nature by third parties arising from the work performance under this Agreement. For purposes of this
Agreement, Subrecipient agrees that it is not an employee or agent of the Agency but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political
subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious
acts or omissions which result in claims or suits against the Agency and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein
is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.
(18) TERMINATION
This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in
accordance with the Public Assistance Program requirements. The Agency and Subrecipient agree that all records
will be maintained until the conclusion of any record retention period.
(19) PROCUREMENT
a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement
complies with all applicable Federal and State laws and regulations, including 2 CFR § 200.318 through 200.327 as
well as Appendix 11 to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained
through the FEMA Procurement Disaster Assistance Team. Resources found here:
https://www.fema.gov/qrants/procurement.
b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal
funds are received.
If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under
this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification
clause holding the Federal Government, its employees and/or their contractors, the Agency, its employees and/or
their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties
for claims asserted under such contract.
c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in
performing work on its behalf under this Agreement in addition to its own progress.
d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes,
as applicable.
e. 1. Pursuant to section 287.05805, Florida Statutes, if state funds are being used for the purchase of or
improvements to real property pursuant to the terms of this Agreement, the state funds are contingent upon the
Subrecipient or political subdivision granting to the state a security interest in the property at least to the amount of
state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as
further required by law.
f. 2. If applicable, pursuant to section 255.0993, Florida Statutes, the Subrecipient shall ensure that any
iron or steel product, as defined in section 255.0993(1)(b), Florida Statutes, that is permanently incorporated in the
deliverable(s) resulting from this project, is produced in the United States.
(20) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Attachment A — Scope of Work, Deliverables, and Financial Consequences
ii. Attachment B — Systems Access Form
iii. Attachment C — Certification Regarding Debarment
iv. Attachment D — Required Contract Provisions
v. Attachment E — Certification Regarding Lobbying
vi. Attachment F — Foreign Country of Concern Affidavit
s
Agreement Number: Z4720
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT: Clermont, City of
By:
(Signature)
Name: Tim Murry
Title:
Mayor, City of Clermont
Date: A osU.0.f y � `/ , (:) 0 a15
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Alternate Governor's Authorized
Representative
Date:
Attachment A
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
FEMA has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is required
to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved
by FEMA.
When FEMA has obligated funding for a Subrecipient's Project Worksheet (PW), the Agency notifies the Subrecipient
with a copy of the PW (or P2 Report).
Budget and Project List
For the purpose of this Agreement, each Project will be monitored, completed, and reimbursed independently
of the other Projects which are made part of this Agreement.
Deliverables
For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally
based on the Subrecipient's expenditures. The required performance level is satisfactory completion of the project as
identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable.
Project will be paid upon obligation and validation of the Project Worksheet and execution of the subgrant agreement.
Subrecipient must initiate the Small Project Closeout in the grants management system within sixty (60) days of
completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated
by logging into the grants management system, selecting the Subrecipient's account, then selecting 'Create New
Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to
advance the form to the next queue for review.
Financial Conseauences:
2 CFR §200.339 and §215.971, Florida Statutes, requires the Agency, as the recipient of Federal funding, to apply
financial consequences, including withholding a portion of funding up to the full amount in the event that the Subrecipient
fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks.
For any PW that the Subrecipient fails to complete in compliance with Federal, State and Local requirements, the Agency
shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the
project is de -obligated by FEMA and/or withdrawn.
The Agency shall apply the following financial consequences in these specifically identified events:
Work performed outside the Incident Period
Based on 2 C.F.R. §200.309, a Subrecipient may be reimbursed only for eligible costs incurred for work performed within
the period of performance. Costs incurred as a result of work performed outside of the period of performance will be
deemed not allowable and ineligible for reimbursement by the Agency as a financial consequence. In accordance with
44 CFR 206.204 (d), if the Subrecipient does not anticipate finishing the work within the original period of performance,
they must request a time extension and support that the work cannot be timely completed due to extenuating
circumstances beyond the Subrecipient's control.
Additionally, if the project is not completed within the period of performance and a time extension request was not
granted, the Agency will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the
actual allowable costs incurred during the period of performance as a financial consequence.
The Agency retains the right to impose financial consequences for instances of non-performance or non-compliance not
specifically addressed in this section.
ift,
Attachment B
SYSTEMS ACCESS
The System Access Form is submitted with each new disaster or emergency declaration to identify the
Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and
documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally
submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing
its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the
Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems
Access form is submitted. all Agency Representatives currently listed as contacts that are not included on the updated
form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a
monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation
of authority. A signatory must have an attached delegation of authority as appropriate.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working in the
FDEM Grant Management System. Users will be notified via email when they have been granted access. The user
must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will
lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event
you try to log in and your account is locked, users must submit a request for unlocking to
RPA.Help(@em.mvflorida.com.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign
legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a
letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority
to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and
this person will have full access/authority unless otherwise requested).
Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and
is our main point of contact. This contact will be responsible for answering questions, uploading documents, and
submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new
Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access).
Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary
is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate
Contact is allowed, and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic).
Providing these contacts is essential in the coordination and communication required between State and Local subject
matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you
enter the name and information again to ensure we are communicating with the correct individuals.
Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted
to those that are going to actually need to log in and have a role in reviewing the information. This designation is only
for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in
FDEM Grants Management System.
Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached
delegation of authority as appropriate.
ill
SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Subrecipient: Clermont, City of
Box 1: Authorized Agent (Full Access)
Box 2: Primary Contact (Full Access)
Name Tim Murry
Name Scott Bo ror
Signature----�—"=� _
Signature
Organization / Official Position
City of Clermont, Mayor
Organi ation / Official Position
Finance Director
Mailing Address
685 W. Montrose St.
Mailing Address
685 W. Montrose St.
City, State, zip Clermont, FL 34711
City, State, zp Clermont, FL 34711
Daytime Telephone 352-241-7358
Daytime Telephone 352-241-7368
E-mail Address
tmurry@clermontfl.org
E-mail Address
sborror@clermontfl.org
Box 3: Alternate Contact (Full Access)
Box 4: Other-Finance/Point of Contact (Full Access)
Name Scott Keyes
Name
Signature
Signature
Organizati / Official Podiftidn
Grants &Special Projects Manager
Organization / Official Position
Mailing Address
685 W. Montrose St.
Mailing Address
City, State, zip Clermont, FL 34711
City, State, Zip
Daytime Telephone 352-241-7324
Daytime Telephone
E-mail Address
skeyes@clermontfl.org
E-mail Address
Box 5: Other -Risk Mgmt-Insurance (Full Access)
Box 6: Other -Environmental -Historic (Full Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public
Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date.
Subrecipient Autt o�rize plrese�ntt�ative
Signature
r, an �-'k 3J � � L✓ 1 ''ki r�4-.J
Date
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SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Subrecipient: Clermont, City of Date:
Box 7: Other (Read Only Access)
Box 8: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 9: Other (Read Only Access)
Box 10: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 11: Other (Read Only Access)
Box 12: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Subrecipient's Fiscal Year (FY) Start: Month: t( Day: I _
Subrecipient's Federal Employer's Identification Number (EIN) 59-6000290
Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Subrecipient's: FIPS Number (If Known) 069-12925-00
13
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within the five-year period preceding entering into this Agreement had one or more public
transactions (Federal, State, or Local) terminated for cause or default; and
3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil
judgment rendered against them for:
a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b)
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen property.
The Subrecipient understands and agrees that the language of this certification must be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and
cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly.
The Subrecipient further understands and agrees that this certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
By:
Signature
Tim Murry, Mayor
Name and Title
685 West Montrose Street
Street Address
Clermont, FL, 34711
City, State, Zip
AacIUaQ -- , dc)@6
Date
Clermont, City of
Subrecipient's Name
Z4720
FDEM Contract Number
14
Required Contract Provisions
1. Remedies
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which an NFE may purchase property or services using small purchase methods, currently set at
$250,000 for procurements made on or after June 20, 2018,4 must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
must provide for sanctions and penalties as appropriate.5
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for
procurements made on or after June 20, 2018. Although not required for contracts at or below the
SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause
in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the
contract must include a clause addressing that non -delivery by the contract's specified date or other
vendor nonperformance will require a penalty of no less than $100 per day until such time that the
vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty
clause should, however, account for force majeure or acts of god. AFG recipients should refer to the
applicable year's Notice of Funding Opportunity (NOFO) for additional information, which can be
accessed at FEMA.gov.
2. Termination for Cause and Convenience
Contracts for more than $10,000 must address termination for cause and for convenience by the
non-federal entity, including how it will be carried out and the basis for settlement.6
2.1 Applicability
This contract provision is required for procurements exceeding $10,000. FEMA suggests including a
termination for cause and for convenience in all contracts even when not required.
4 See FEMA Grant Programs Directorate Information Bulletin No. 434, Increases and Changes to the Micro -
Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018),
https://www.fema.govZsites/default/files/2020-
08/ib 434 changes micro purch simp acquisition thresholds pdf. For procurements subject to 2 C.F.R. Part
200 that were made before June 20, 2018, the SAT was $150,000.
5 2 C.F.R. Part 200, Appendix II, § A.
6 See 2 C.F.R. Part 200, Appendix II, § B.
15
3. Equal Employment Opportunity
Any contract that uses federal funds to pay for construction work is a "federally assisted construction
contract" and must include the equal opportunity clause found in 2 C.F.R. Part 200, unless otherwise
stated in 41 C.F.R. Part 60.7
3.1 Applicability
This contract provision is required for all procurements that meet the definition of a "federally
assisted construction contract."
3.2 Key Definitions
■ Federally Assisted Construction Contract: The regulation at 41 C.F.R. § 60-1.3 defines a federally
assisted construction contract as "any agreement or modification thereof between any applicant
and a person for construction work which is paid for in whole or in part with funds obtained from
the Government or borrowed on the credit of the Government pursuant to any federal program
involving a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, or any application or
modification thereof approved by the Government for a grant, contract, loan, insurance, or
guarantee under which the applicant itself participates in the construction work."
■ Construction Work: The regulation at 41 C.F.R. § 60-1.3 defines construction work as "the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing utility
services. The term also includes the supervision, inspection, and other onsite functions incidental
to the actual construction."
■ Contract: The regulation at 41 C.F.R. § 60-1.3 defines contract as "any Government contract or
subcontract or any federally assisted construction contract or subcontract."
■ Additional definitions pertaining to this contract provision can be found at 41 C.F.R. § 60-1.3.
3.3 Required Language
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41
C.F.R. Part 60, the insertion of the following contract clause: "During the performance of this
contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
7 See 2 C.F.R. Part 200, Appendix II, § C.
16
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
M
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings."
18
4. Davis -Bacon Act
This statute requires that contractors must pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in the Secretary of Labor's wage determination. Additionally,
contractors are required to pay wages at least once per week.$ Additional requirements are listed
below, and relevant definitions are at 29 C.F.R. § 5.2. NFEs should refer to the applicable NOFO or
other program guidance or contact their applicable FEMA grant representative for additional
information on how to implement this requirement.
4.1 Applicability
When required by the federal program legislation, prime construction contracts over $2,000
awarded by NFEs must include a provision for compliance with the Davis -Bacon Act.9
The Davis -Bacon Act only applies to the Emergency Management Performance Grant Program,10
Homeland Security Grant Program,11 Nonprofit Security Grant Program,12 Tribal Homeland Security
Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program,15 Intercity
Passenger Rail Program,16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless
otherwise stated in a program's authorizing statute, it does not apply to other FEMA grant and
cooperative agreement programs, including the PA Program. .
8 See id.; 40 U.S.C. §§ 3141-3144 and 3146-3148. The Davis -Bacon Act is supplemented by Department of
Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering federally
Financed and Assisted Construction)
9 2 C.F.R. Part 200, Appendix II, § D.
to See section 6110)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act),
Pub. L. No. 93-288 (codified as amended at 42 U.S.C. § 51960)(9)).
11 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as
amended at 6 U.S.C. § 609(b)(4)(B)(ii)) (citing to section 6110)(9) of the Stafford Act).
12 Id. The Davis -Bacon Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is
funded as a carve -out of the appropriations for the Homeland Security Grant Program (NSGP). See, e.g.,
Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection,
Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance §§ 1-2.
Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. § 609a) (authorizing NSPG as a
stand-alone program where the Davis -Bacon Act does not apply, but as of the date of publication of this
document, NSGP has not been funded as a standalone program).
13 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002.
14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified
as amended at 46 U.S.C. § 70107); 46 U.S.C. § 70107(b)(2). While the MTSA requires that PSGP construction
activities are carried out consistent with section 6110)(8) of the Stafford Act, a subsequent amendment to the
Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 6110)(8) to 6110)(9).
The cross-reference in the MTSA has not been updated.
15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act),
Pub. L. No. 110-53 (6 U.S.C. § 1135) (applying the requirements of section 49 U.S.C. § 5307); 49 U.S.C. §
5333 (applying the Davis -Bacon Act to grants provided under 49 U.S.C. § 5307).
16 See section 1513(h) of the 9/11 Act (6 U.S.C. § 1163(h)) (citing to 49 U.S.C. § 24312, which requires
compliance with the Davis -Bacon Act).
17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. § 467f-
2(d)(2)(E)) (requiring compliance with 42 U.S.C. § 51960)(9), which is section 6110)(9) of the Stafford Act that
applies the Davis -Bacon Act).
19
4.2 Additional Requirements
If applicable, in addition to the requirements mentioned in the beginning of this section, the NFE
must do the following:
■ Place a copy of the Department of Labor's current prevailing wage determination in each
solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing
wage determination is accepted. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.18
■ Include a provision for compliance with the Copeland "Anti -Kickback" Act for all contracts subject
to the Davis -Bacon Act.19 See Required Contract Provisions, Section 5. Copeland Anti -Kickback
Act in this Guide for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory
requirements for the Copeland "Anti -Kickback" Act are incorporated by reference into the required
contract provision, so a separate contract provision is not necessary. However, the NFE may include
a separate contract provision specific to the Copeland "Anti -Kickback" Act.
■ Per Department of Labor's implementing regulations for the Davis -Bacon Act, the NFEs
contractor and any subcontractors are required to insert, or incorporate by reference, the clauses
contained at 29 C.F.R. § 5.5(a)(1)-(10)20 into any subcontracts.
■ Follow the other requirements of the Davis -Bacon Act and implementing regulations.21
4.3 Required Language22
If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. §
5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these
provisions in full in any subcontracts.23
5. Copeland "Anti -Kickback" Act
The Copeland "Anti -Kickback" Act prohibits workers on construction contracts from giving up wages
that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29
C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the
18 2 C.F.R. Part 200, Appendix II, § D.
19 2 C.F.R. Part 200, Appendix II, § D.
20 29 C.F.R. § 5.5(a)(6).
2140 U.S.C. §§ 3141-3144, 3146-3148; 29 C.F.R. Part 5.
22 29 C.F.R. § 5.5(a).
23 29 C.F.R. § 5.5(a)(1), (6).
24 See id.; 40 U.S.C. § 3145. The Copeland "Anti -Kickback" Act is supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States).
20
Davis -Bacon Act's minimum wage provisions as well as various statutes with similar minimum wage
provisions for federally assisted construction.25
5.1 Applicability
For all prime construction contracts above $2,000, when the Davis -Bacon Act also applies,26 NFEs
must include a provision in contracts and subcontracts for compliance with the Copeland "Anti -
Kickback" Act.27 This requirement applies to all prime construction contracts above $2,000 in
situations where the Davis -Bacon Act also applies.28 In situations where the Davis -Bacon Act does
not apply, neither does the Copeland "Anti -Kickback" Act. As described in section A.4 regarding the
Davis -Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement
programs. Please reference that list discussed above. Of note, it does not apply to the PA Program.
5.2 Additional Requirements
If applicable, the NFE must do the following:
■ Include a provision for compliance with the Copeland "Anti -Kickback" Act.29 According to the
Davis -Bacon Act implementing regulations, the requirements for the Copeland "Anti -Kickback"
Act are incorporated into the required contract provision for the Davis -Bacon Act by reference.30
Therefore, a separate contract provision is not necessary. However, the NFE may include a
separate contract provision specific to the Copeland "Anti -Kickback" Act with language
suggested below.
■ The Copeland "Anti -Kickback Act" prohibits each contractor or subcontractor from any form of
persuading a person employed in construction, completion, or repair of public work to give up
any part of their rightful compensation. The NFE must report all suspected or reported violations
of the Copeland "Anti -Kickback Act" to FEMA.31
■ Each contractor and subcontractor must provide weekly reports of the wages paid during the
prior week's payroll period to each employee covered by the "Copeland Anti -Kickback" Act and
the Davis -Bacon Act. The reports must be delivered to a representative of a federal or state
agency in charge at the building or work site by the contractor or subcontractor within seven days
of the payroll period's payment date.32
25 See 29 C.F.R. § 3.1.
26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c).
27 2 C.F.R. Part 200, Appendix II, § D.
28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c).
29 See 29 C.F.R. § 3.11.
30 29 C.F.R. § 5.5(a)(5).
31 See 2 C.F.R. Part 200, Appendix II, § D.
32 See 29 C.F.R. § 3.4.
21
■ Follow the other requirements of the Copeland "Anti -Kickback" Act and implementing
regulations.33
5.3 Suggested Language
The following provides a sample contract clause:
"Compliance with the Copeland "Anti -Kickback" Act.
Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into
this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12."
6. Contract Work Hours and Safety Standards Act
Where applicable,34 all contracts awarded by the NFE of more than $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with statutory
requirements on work hours and safety standards.35 Under 40 U.S.C. § 3702, each contractor must
base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is
allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours
worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. § 3704,
work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe.
Relevant definitions are at 40 U.S.C. § 3701 and 29 C.F.R. § 5.2.
6.1 Applicability
This required contract provision applies to all procurements over $100,000 that involve the
employment of mechanics, laborers, and construction work.36 These requirements do not apply to
33 18 U.S.C. § 874; 40 U.S.C. § 3145; 29 C.F.R. Part 3.
34 See 40 U.S.C. §§ 3701-3708.
35 40 U.S.C. §§ 3702, 3704. The Contract Work Hours and Safety Standards Act is supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E.
36 41 C.F.R. Part 60-1.3.
22
the purchase of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.37
6.2 Additional Requirements
If applicable per the standard described above, the non-federal entity must include the provisions at
29 C.F.R. § 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must
include these provisions, in full, into any subcontracts.38
In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1,
the NFE must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c). Specific language
is not required, but FEMA has provided suggested language below.
6.3 Required Language
For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is provided here for
ease of reference:
"Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or
subrecipient) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other
37 2 C.F.R. Part 200, Appendix II, § E.
38 29 C.F.R. § 5.5(b)(1), (4).
23
federal contract with the same prime contractor, or any other federally -assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (b)(1) through (4) of this section."
6.4 Suggested Language
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not
subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required,
FEMA suggests including the following language:
"Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the
Department of Homeland Security, the Federal Emergency Management Agency, and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job."
7. Rights to Inventions Made Under a Contract or
Agreement
This contract provision outlines the rules governing the ownership of inventions created using federal
funds. If the FEMA award meets the definition of funding agreement39 and the NFE enters into any
contract involving substitution of parties, assignment or performance of experimental,
developmental, or research work under that funding agreement, then the NFE must comply with the
requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA.
39 Funding agreement definition found under 37 C.F.R. § 401.2(a).
24
7.1 Applicability
This provision does not apply to all FEMA grant and cooperative agreement programs. NFEs should
refer to applicable NOFO or other program guidance or contact their applicable FEMA grant
representative to determine if this provision is required for the procurement. However, the Rights to
Inventions Made Under a Contract or Agreement clause is not required for procurements under
FEMA's PA Program.
7.2 Key Definitions
Funding Agreements: The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as "any
contract, grant, or cooperative agreement entered into between any federal agency, other than the
Tennessee Valley Authority, and any contractor for the performance of experimental, developmental,
or research work funded in whole or in part by the federal government. This term also includes any
assignment, substitution of parties, or subcontract of anytype entered into for the performance of
experimental, developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph."
8. Clean Air Act and Federal Water Pollution Control Act
For contracts over $150,000, contracts must contain a provision requiring contractors to comply
with the Clean Air Act40 and the Federal Water Pollution Control Act.41 Violations must be reported to
FEMA and the Regional Office of the Environmental Protection Agency (EPA).42
8.1 Applicability
This contract provision is required for all procurements over $150,000.
8.2 Suggested Language
The following provides a sample contract clause:
"Clean Air Act"
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The contractor agrees to report each violation to the (insert name of non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
40 42 U.S.C. §§ 7401-7671q. This also includes all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act.
4133 U.S.C. §§ 1251-1387, as amended.
42 2 C.F.R. Part 200, Appendix II, § G.
25
assure notification to the Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
"Federal Water Pollution Control Act"
The contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the (insert name of the non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
assure notification to the (insert name of the pass through entity, if applicable), Federal
Emergency Management Agency (FEMA), and the appropriate Environmental Protection
Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA."
9. Debarment and Suspension
NFEs contractors and subcontractors are subject to debarment and suspension regulations.43
Applicable contracts and subcontracts must include a provision requiring compliance with
debarment and suspension regulations.44
9.1 Applicability
The debarment and suspension clause is required for all contracts and subcontracts for $25,000 or
more, all contracts that require the consent of an official of a federal agency, and all contracts for
federally required audit services.45
NFEs, even for procurements under $25,000, must also comply with the regulation requiring non -
state entities to only award contracts to responsible vendors.46
43 2 C.F.R. Part 180 (implementing Executive Order 12549, Debarment and Suspension (1986) and Executive
Order 12689, Debarment and Suspension (1989)); 2 C.F.R. Part 3000 (Department of Homeland Security
regulations for Nonprocurement Debarment and Suspension, implementing 2 C.F.R. Part 180).
44 2 C.F.R. § 180; 2 C.F.R. Part 200, Appendix Il, § H; 2 C.F.R. § 3000.332.
45 2 C.F.R. § 180.220(b); 2 C.F.R. § 3000.220.
46 2 C.F.R. § 200.318(h). For contracts and subcontracts under $25,000, a contract provision is only required
if those contracts or subcontracts are for federally required audit services or require the consent of a federal
agency. However, even where a contract provision is not required, non -state entities must still ensure they are
only awarding contracts to responsible vendors.
26
9.2 Additional Requirements
The debarment and suspension regulations restrict awards, subawards, contracts, and subcontracts
with parties that are debarred, suspended, or otherwise excluded, or declared ineligible for
participation in federal assistance programs and activities.47
If applicable, a contract or subcontract must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM). SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties that are debarred, suspended, or
otherwise excluded, or declared ineligible under statutory or regulatory authority other than Executive
Order 12549.48 SAM Exclusions can be accessed at www.sam.gov.49
In general, an "excluded" party cannot receive a federal grant award or a contract considered to be a
"covered transaction," which includes parties that receive federal funding indirectly such as
subawards and subcontracts. The key to the exclusion is whether there is a covered transaction. A
covered transaction is a nonprocurement transaction at either a primary or secondary tier.50
Specifically, a covered transaction includes the following contracts for goods or services under FEMA
grant and cooperative agreement programs:
■ The contract is at least $25,000.
■ The contract requires the approval of FEMA, regardless of amount.
■ The contract is for federally required audit services.
■ It is a subcontract for $25,000 or more.51
9.3 Suggested Language
The following provides a debarment and suspension clause. It also incorporates an optional method
of verifyingthat contractors are not excluded or disqualified52:
47 See 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 200.213. See also 2 C.F.R. Parts 180, 3000.
48 See 2 C.F.R. Part 200, Appendix II, § H.
49 2 C.F.R. § 180.530.
50 The regulations at 2 C.F.R. Parts 180 and 3000 are titled "nonprocurement" because they do not apply to
procurements by the federal government but rather to federal financial assistance. There are separate
debarment and suspension regulations covering procurements by the federal government. However, although
the term "covered transactions" under 2 C.F.R. Parts 180 and 3000 does not include contracts awarded by the
federal government, it does include some contracts awarded by recipients and subrecipients.
51 See 2 C.F.R. §§ 180.220, 3000.220.
52 Per 2 C.F.R. § 180.300, non-federal entity about to enter into an applicable contract, or a contractor about
to entire into an applicable subcontract, must verify that the contractor or subcontractor is not excluded or
disqualified by doing one of three things: 1) check SAM Exclusions; 2) collect a certification from the contractor
or subcontractor; or 3) add a clause or condition to the contract or subcontract. The additional suggested
language in this sample clause is for purposes of this requirement.
27
"Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part
3000. As such, the contractor is required to verify that none of the contractor's principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
This certification is a material representation of fact relied upon by (insert name of
recipient/subrecipient/applicant). If it is later determined that the contractor did not comply
with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies
available to (insert name of recipient/subrecipient/applicant), the federal government may
pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart
C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions."
10. Byrd Anti -Lobbying Amendment
NFEs who intend to award contracts of more than $100,000, and their contractors who intend to
award subcontracts of more than $100,000, must include a contract provision prohibiting the use of
federal appropriated funds to influence officers or employees of the federal government. Contractors
that apply or bid for a contract for more than $100,000 must also file the required certification
regarding lobbying.53
Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay
any person or organization for influencing or attempting to influence an employee of a federal
agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress
in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. § 1352.
53 See 2 C.F.R. Part 200, Appendix II, § I (citing 31 U.S.C. § 1352); 44 C.F.R. § 18.110.
28
The required certification form is found in FEMA regulations.54 Each tier must also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal funding.
These disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.55
10.1 Applicability
The Byrd Anti -Lobbying Amendment clause and certification are required for contracts of more than
$100,000, and for subcontracts of more than $100,000.
10.2 Suggested Language
The following provides a sample contract clause:
"Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of more than $100,000 shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federally
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or employee of
Congress, or an employee of a Member of Congress in connection with obtaining any federal
contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the federal awarding agency."
10.3 Required Certification
10.3.1 REQUIRED CERTIFICATION LANGUAGE
If applicable, contractors must sign and submit the following certification to the NFE with each bid or
offer exceeding $100,000:
"APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
54 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix A. FEMA's regulations at 44 C.F.R. Part 18
implement the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the
certification that is required to be completed by each entity as described in 31 U.S.C. § 1352.
55 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix B. The specific form for disclosures is
referenced in Appendix B to 44 C.F.R. Part 18 and is SF-LLL, also available at
htLps://www.grants.gov/web/grants/forms/sf-424-family.html.
29
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure."
1.0.3.2 RECOMMENDED SIGNATURE LINE:
At the end of the certification language, FEMA recommends including the following signature
line.
"The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date"
30
11. Procurement of Recovered Materials
An NFE that is a state agency or an agency of a political subdivision of a state, and the NFE's
contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFEs must
include a contract provision requiring compliance with this requirement.57 This includes contracts
awarded by a state agency or political subdivision of a state and its contractors for certain items, as
designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments
and nonprofit organizations are not required to comply with this provision. Additional requirements
are listed below.
11.1 Applicability
This required contract provision applies to all procurements over $10,000 made by a state agency or
an agency of a political subdivision of a state and its contractors.
11.2 Additional Requirements
The requirements include:
■ Procuring only items designated in EPA guidelines59 that contain the highest practical percentage
of recovered materials consistent with maintaining competition, where the purchase price of the
item is greater than $10,000, or the value of the amount of items purchased in the preceding
fiscal year was greater than $10,000;
■ Procuring solid waste management services in a way that maximizes energy and resource
recovery; and
■ Establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.60
11.3 Suggested Language
The following provides a sample contract clause:
"In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acq ui red-
56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42
U.S.C. § 6962).2 C.F.R. § 200.323.
57 See 2 C.F.R. Part 200, Appendix II, § J (citing 2 C.F.R. § 200.323).
58 See 2 C.F.R. Part 200, Appendix II, § J; 2 C.F.R. § 200.323; 40 C.F.R. Part 247.
59 40 C.F.R. Part 247.
60 42 U.S.C. § 6962; 2 C.F.R. § 200.323.
31
Competitively within a timeframe providing forcompliance with the contract performance
schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act."
12. Prohibition on Contracting for Covered
Telecommunications Equipment or Services
Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim),
prohibit the obligation or expending of federal award funds on certain telecommunication products
or from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and
subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA
award funds to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
12.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to
include this contract provision in all FEMA-funded contracts and subcontracts, including any
purchase orders.61 FEMA strongly encourages the use of this contract clause for any contracts where
612 C.F.R. Part 200, Appendix II, § K (citing 2 C.F.R. § 200.216).
32
FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards
issued on or after November 12, 2020.
12.2 Suggested Language
The following provides a sample contract clause:
"Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive
agency on or after Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain telecommunications products or
from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds
from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming,
or interconnection arrangements; or
33
(ii) Telecommunications equipment that cannot route or redirect user data traffic or
permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as
part of any system, during contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the contractor shall report the
information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this
clause:
(i) Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier unique
entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments."
34
13. Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, NFEs should, to the greatest extent practicable
under a federal award, provide a preference for the purchase, acquisition, or use of goods, products
or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel,
cement, and other manufactured products.62
13.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for
work or products a contract provision encouraging domestic preference for procurements.63
13.2 Suggested Language
The following provides a sample contract clause:
"Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States. This includes, but is not limited to iron, aluminum,
steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Manufactured products mean items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."
62 See 2 C.F.R. § 200.322.
63 2 C.F.R. Part 200, Appendix II, § L (citing 2 C.F.R. § 200.322). The requirements of 2 C.F.R. § 200.322 must
also be included in all subawards.
35
Attachment E
Certification Regarding Lobbying
APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient or contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
Signature of Subrechpient/*Xactor's Authorized Official
Tim Murry, Mayor
Name and Title of Su breci pie nt/contractor's Authorized Official
Ju�rva1 U 5 , 9oa5
Date
36
ATTACHMENT F
FOREIGN COUNTRY OF CONCERN ATTESTATION
(PUR 1355)
This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply
to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity
access to an individual's Personal Identifying Information.
Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.
Name of entity is not owned by the government of a Foreign Country of Concern, is not organized under the
laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a
Foreign County of Concern does not have a Controlling Interest in the entity.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are
true.
Printed Name:
Title: AN, ()�
Signature: > --
Date:
37
2025-006A Agreement Number: Z47ZO
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for- Hurricane Milton DR4834
The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1):
Subrecipient's name: Clermont, City of
Subrecipient's unique entity identifier: T36XEEDA7QZ3
Federal Award Date: 12/10/2024
Subaward Period of Performance Start and End Date (Cat A-B): 10/05/2024 - 04/11 /2025
Subaward Period of Performance Start and End Date (Cat C-G): 10/05/2024 - 04/11/2026
Amount of Federal Funds Obligated by this Agreement: N/A
Total Amount of Federal Funds Obligated to the Subrecipient
by the pass -through entity to include this Agreement:
Total Amount of the Federal Award committed to the Subrecipient
by the pass -through entity:
Federal award project description (see Federal Funding
Accountability and Transparency Act (FFATA):
Name of Federal awarding agency:
Name of pass -through entity:
Contact information for the pass -through entity:
Assistance Listing Number (Formerly CFDA Number):
Indirect cost rate for the Federal award:
Assistance Listing Program Title (Formerly CFDA program Title):
Grant for communities to respond to and
recover from maior disasters or
emergencies and for limited mitigation
Department of Homeland Security (DHS)
Federal Emergency Management Agency
Ff EMA)
Florida Division of Emergencv
Management (FDEM)
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
97.036
See Section 9 (d)
Disaster Grants - Public Assistance
(Presidentially Declared Disasters)
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Agency" or "FDEM"), and
Clermont, City of (hereinafter referred to as the "Subrecipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;
B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for
ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate
consequences of any adverse decisions rendered by FDEM, the Federal Awarding Agency, or any other State and
0
Federal agencies with audit, regulatory, or enforcement authority;
C. This Agreement establishes the relationship between the Agency and the Subrecipient to allow the
Agency to pay grant funds to the Subrecipient.
THEREFORE, the Agency and the Subrecipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with
state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971,
Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement.
(2) LAWS, RULES, REGULATIONS AND POLICIES
a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards."
b. In addition to the foregoing, the Subrecipient and the Agency shall be governed by all applicable State
and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or
regulation in no way implies that no other statute, rule, or regulation applies.
c. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of
the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively
applied. All required provisions can be found in Attachment D: Required Contract Provisions.
(3) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Agency's Grant Manager shall be
responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Agency's
liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Agency shall:
i. Monitor and document Subrecipient performance; and
ii. Review and document all deliverables for which the Subrecipient requests payment.
b. The Agency's Grant Manager for this Agreement is:
Name and Title: Stephane Malet, Grant Program Manager
Bureau of: Recovery
Address: Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Telephone: (850) 815-4469
Email: Stephane.Malet(cDem.mvflorida.com
c. The name and address of the Representative of the Subrecipient responsible for the administration of
this Agreement is:
Name: Scott Borror
Address: 685 W. Montrose St.
Clermont, FL 34711
Telephone: 352-241-7368
Email: sborror@clermontfl.org
2
In the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing
via letter or electronic email.
d. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Agency's
grants management system in accordance with Attachment B to this Agreement ("Systems Access Form").
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, of which may be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(7) SCOPE OF WORK
The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to
substantiate work completed.
(8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE
The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed.
Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster
applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal
Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and
remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced
required records retention periods. Work may only be performed during the timeframes established and approved by
FEMA for each Category of Work type.
(9) FUNDING
a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal
Awarding Agency for all projects approved for this Subrecipient for DR - 4834 - Hurricane Milton . Payments
to Subrecipients are contingent upon the granting of budget authority to the Agency.
b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General
Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies
under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for
matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required
match for grants to Local governments. Affected Local governments shall be required to provide one-half of the
required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not
apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share
shall be the responsibility of the Private Non -Profit Subrecipient.
c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal
3
match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida
Statutes. Local governments must apply for the match waiver independently from their respective County.
d. Under the Federal Emergency Management Agency's Public Assistance Program, subrecipients may
seek reimbursement for indirect costs. 44 C.F.R. § 207.2, defines indirect costs as, "costs that are incurred by a
grantee for a common or joint purpose benefiting more than one cost objective that are not readily assignable to the
cost objectives specifically benefited". Additionally, "indirect costs may not be charged directly to a project or
reimbursed separately, but rather are considered to be eligible management costs under this part" (see 44 C.F.R. §
207.6). Any organization that receives Federal awards and requests recovery of indirect costs must have an approved
federally recognized indirect cost rate agreement (see 2 C.F.R. § 200.400 — 200.476 and Appendix IV to Part 200).
The indirect cost rate shall be negotiated between the subrecipient and the Federal government. If no approved rate
exists the Agency shall determine the appropriate rate in collaboration with the subrecipient, which is either the
negotiated rate between the Agency and the subrecipient or the de minimus indirect cost rate.
(10) PAYMENT
a. The payment method used by the Agency is either a Cost Reimbursement or an Advance Payment.
Advance payments will be governed by Chapter 216, Florida Statutes.
b. The Agency's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and
verify all funds received against all funds expended during the grant agreement period and produce a final
reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the
Subrecipient.
c. As required by 2 CFR 200.305 (b.) (8) and (9), The non -Federal entity must maintain advance payments of
Federal awards in interest bearing accounts.
(11)FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC)
If you are opted into the Florida Recovery Obligation Calculation (F-ROC) Program and received an F-ROC
score for this event, you will receive payment for all large, non -expedited, Category A and Category B projects, equal
to your score as a percentage upon obligation. Funding will remain contingent upon obligation by FEMA and the
Applicant will be liable for repayment (See (12) REPAYMENTS) upon de -obligation by FEMA of any disbursed funds.
Any de -obligation of funding is within FEMA's sole discretion and the Agency shall not be liable for FEMA's exercise
of its discretion. Participation in the F-ROC program does not guarantee funding and is dependent upon FEMA's
obligation. As stated in the executed F-ROC Participation Request Form:
a. The score is made up of three components:
i. 20% Baseline score for signing and returning the Request Form.
ii. Up to a 40% score for completing the DRA.
iii. Up to a 20% score for completing the PDQ.
b. Applicants who have received EMAP accreditation will receive an additional 5%.
c. The Applicant's score directly corresponds to the percent of the eligible obligated amount that will be
disbursed to the Applicant upon obligation of the Public Assistance project. After validation of all supporting
documentation is complete, the Applicant will receive the remainder of the validated, obligated amount.
d. If the Applicant has any open receivables with the Division, those receivables must be satisfied before
any disbursements are made through the F-ROC program.
4
e. The Applicant may choose to receive a lesser score than the score earned through the completion of
the above components on a one-time basis per disaster. The Applicant must make a request to that effect in writing
to the Agency, on their letter head and duly signed by an authorized representative of the Applicant. Such a request
must be made prior to the obligation of funds for it to impact the Applicant's score and therefore, reflect upon the
obligation attaching thereto.
(12) REPAYMENTS
a. Refunds or repayments of obligated funds may be paid to the Agency through check or through a
payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Agency to
off -set against other obligated projects where deemed appropriate. The Subrecipient has 45 days to repay the funds
from the issuance of the invoice from the Agency. The Agency may impose a 1 % per month interest fee for unpaid
invoices.
b. All refunds or repayments due to FDEM under this Agreement are to be made payable to the order of
"Florida Division of Emergency Management," and must include the invoice number and the applicable Disaster and
Project number(s) that are the subject of the invoice, and be mailed directly to the following address:
Florida Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(13) RECORDS
a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention
requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance
with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this
Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may
be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e),
the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other
information the Federal Awarding Agency or FDEM designates as sensitive or the Subrecipient considers sensitive
consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.
b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient
to determine compliance with the requirements and objectives of the award and all other applicable
laws and regulations.
C. The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006.
The intent if this legislation is to empower every American with the ability to hold the government accountable for each
spending decision. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Agency must use to capture
and report sub -award and executive compensation data regarding first -tier subawards that obligate $30,000 or more in
Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5).
5
(14) AUDITS
a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F.
b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller
General of the United States, and the [Agency], or any of their authorized representatives, shall enjoy the right of
access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in
order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access
to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right
of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR §
200.337(c)).
c. As required by 2 CFR § 200.332(a)(5), the Agency, the Chief Inspector General of the State of Florida,
the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any
documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement,
in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such
documents.
d. Each public assistance subrecipient must submit a certification in FloridaPA.org to inform FDEM whether
their entity is subject to a Federal Single Audit. This is part of the Recovery Bureau's overall monitoring program.
e. The subrecipient agrees to submit the Federal Single Audit report to the Agency in FloridaPA.org no later
than 30 calendar days after receipt of the auditor's report.
f. Per (2 CFR §200.512(d), the subrecipient's auditor must electronically submit the single audit report to
the Federal Audit Clearinghouse (FAC) at fac.gov.
(15) REPORTS
a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Agency with quarterly reports and
any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency
Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Agency.
Reporting Time Period
Subrecipient Report Submittal
Deadline
Quarter 1 (Q1)
October 1 — December 31
January 15
Quarter 2 (Q2)
January 1 — March 31
April 15
Quarter 3 (Q3)
April 1 —June 30
July 15
Quarter 4 (Q4)
July 1 — September 30
October 15
b. The Subrecipient agrees to submit quarterly reports to the Agency no later than fifteen (15) days after
the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the
s
closeout of each project in the Agency's Grant Management System. The ending dates for each quarter of the
program year are March 31, June 30, September 30, and December 31.
c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the
applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs.
d. The Subrecipient shall provide additional program reports, updates, or information that may be required
by FDEM or the Federal awarding agency.
(16) MONITORING
a. The Agency shall monitor the performance of the Subrecipient under this Agreement to ensure that the
Scope of Work is being accomplished within the specified time periods, and that other performance goals are being
met.
b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Agency. In the event that the Agency determines that an audit of the Subrecipient is appropriate,
the Subrecipient agrees to comply with any additional instructions provided by the Agency to the Subrecipient
regarding such audit.
c. Small Projects, as defined in 44 CFR § 206.203(c)(2), that are obligated above the Federal Simplified
Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Agency as authorized by 2
CFR § 200.332(a)(2).
(17) LIABILITY
a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida
Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement.
As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Agency harmless against all claims of
whatever nature by third parties arising from the work performance under this Agreement. For purposes of this
Agreement, Subrecipient agrees that it is not an employee or agent of the Agency but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political
subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious
acts or omissions which result in claims or suits against the Agency and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein
is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.
(18) TERMINATION
This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in
accordance with the Public Assistance Program requirements. The Agency and Subrecipient agree that all records
will be maintained until the conclusion of any record retention period.
(19) PROCUREMENT
a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement
complies with all applicable Federal and State laws and regulations, including 2 CFR § 200.318 through 200.327 as
well as Appendix 11 to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained
through the FEMA Procurement Disaster Assistance Team. Resources found here:
https://www.fema.gov/qrants/procurement.
b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal
funds are received.
If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under
this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification
clause holding the Federal Government, its employees and/or their contractors, the Agency, its employees and/or
their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties
for claims asserted under such contract.
c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in
performing work on its behalf under this Agreement in addition to its own progress.
d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes,
as applicable.
e. 1. Pursuant to section 287.05805, Florida Statutes, if state funds are being used for the purchase of or
improvements to real property pursuant to the terms of this Agreement, the state funds are contingent upon the
Subrecipient or political subdivision granting to the state a security interest in the property at least to the amount of
state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as
further required by law.
f. 2. If applicable, pursuant to section 255.0993, Florida Statutes, the Subrecipient shall ensure that any
iron or steel product, as defined in section 255.0993(1)(b), Florida Statutes, that is permanently incorporated in the
deliverable(s) resulting from this project, is produced in the United States.
(20) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Attachment A — Scope of Work, Deliverables, and Financial Consequences
ii. Attachment B — Systems Access Form
iii. Attachment C — Certification Regarding Debarment
iv. Attachment D — Required Contract Provisions
v. Attachment E — Certification Regarding Lobbying
vi. Attachment F — Foreign Country of Concern Affidavit
Agreement Number: Z4720
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUBRECIPIENT:
Clermont, City of
By:
(Signature)
Name: Tim Murry
Title: Mayor, City of Clermont
Date: A Ou%l UX 0.f y (�✓ � o� � a C5
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Alternate Governor's Authorized
Representative
Date:
Attachment A
SCOPE OF WORK, DELIVERABLES
and FINANCIAL CONSEQUENCES
Scope of Work
FEMA has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is required
to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved
by FEMA.
When FEMA has obligated funding for a Subrecipient's Project Worksheet (PW), the Agency notifies the Subrecipient
with a copy of the PW (or P2 Report).
Budget and Proiect List
For the purpose of this Agreement, each Project will be monitored, completed, and reimbursed independently
of the other Projects which are made part of this Agreement.
Deliverables
For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally
based on the Subrecipient's expenditures. The required performance level is satisfactory completion of the project as
identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable.
Project will be paid upon obligation and validation of the Project Worksheet and execution of the subgrant agreement.
Subrecipient must initiate the Small Project Closeout in the grants management system within sixty (60) days of
completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated
by logging into the grants management system, selecting the Subrecipient's account, then selecting 'Create New
Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to
advance the form to the next queue for review.
Financial Consequences:
2 CFR §200.339 and §215.971, Florida Statutes, requires the Agency, as the recipient of Federal funding, to apply
financial consequences, including withholding a portion of funding up to the full amount in the event that the Subrecipient
fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks.
For any PW that the Subrecipient fails to complete in compliance with Federal, State and Local requirements, the Agency
shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the
project is de -obligated by FEMA and/or withdrawn.
The Agency shall apply the following financial consequences in these specifically identified events:
Work performed outside the Incident Period
Based on 2 C.F.R. §200.309, a Subrecipient may be reimbursed only for eligible costs incurred for work performed within
the period of performance. Costs incurred as a result of work performed outside of the period of performance will be
deemed not allowable and ineligible for reimbursement by the Agency as a financial consequence. In accordance with
44 CFR 206.204 (d), if the Subrecipient does not anticipate finishing the work within the original period of performance,
they must request a time extension and support that the work cannot be timely completed due to extenuating
circumstances beyond the Subrecipient's control.
Additionally, if the project is not completed within the period of performance and a time extension request was not
granted, the Agency will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the
actual allowable costs incurred during the period of performance as a financial consequence.
The Agency retains the right to impose financial consequences for instances of non-performance or non-compliance not
specifically addressed in this section.
10
Attachment B
SYSTEMS ACCESS
The System Access Form is submitted with each new disaster or emergency declaration to identify the
Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and
documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally
submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing
its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the
Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems
Access form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated
form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a
monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation
of authority. A signatory must have an attached delegation of authority as appropriate.
Instructions for Completion
Complete the form in its entirety, listing the name and information for all representatives who will be working in the
FDEM Grant Management System. Users will be notified via email when they have been granted access. The user
must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will
lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event
you try to log in and your account is locked, users must submit a request for unlocking to
RPA.Help(aD_em.m)Lorida.com.
The form is divided into twelve blocks; each block must be completed where appropriate.
Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign
legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a
letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority
to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and
this person will have full access/authority unless otherwise requested).
Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and
is our main point of contact. This contact will be responsible for answering questions, uploading documents, and
submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new
Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access).
Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary
is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate
Contact is allowed, and this contact will have full access).
Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic).
Providing these contacts is essential in the coordination and communication required between State and Local subject
matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you
enter the name and information again to ensure we are communicating with the correct individuals.
Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted
to those that are going to actually need to log in and have a role in reviewing the information. This designation is only
for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in
FDEM Grants Management System.
Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached
delegation of authority as appropriate.
Im
SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Subrecipient: Clermont, City of
Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access)
Name Tim Murry Name Scott B ro r
Organization / Official Position
City of Clermont, Mayor
Mailing Address
685 W. Montrose St.
City, State, zip Clermont, FL 34711
Daytime Telephone 352-241-7358
E-mail Address
tmurry@clermontfl.org
Box 3: Alternate Contact (Full Access)
Name Scott Keyes
Signature
Organizati / Official Poiiti6n
Grants &Special Projects Manager
Mailing Address
685 W. Montrose St.
City, State, zip Clermont, FL 34711
Daytime Telephone 352-241-7324
E-mail Address
skeyes@clermontfl.org
Box 5: Other -Risk Mgmt-Insurance (Full Access)
Organizaation / Official Position Finance Director
Mailing Address
685 W. Montrose St.
City, State, zipClermont, FL 34711
Daytime Telephone 352-241-7368
E-mail Address
sborror@clermontfl.org
Box 4: Other-Finance/Point of Contact (Full Access)
e
I Address
Box 6: Other -Environmental -Historic (Full Access)
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public
Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date.
Subrecipient Authorized Representative Signature
Date
12
SYSTEMS ACCESS FORM (CONTACTS)
FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
Subrecipient: Clermont, City of Date:
Box 7: Other (Read Only Access)
Box 8: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 9: Other (Read Only Access)
Box 10: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Box 11: Other (Read Only Access)
Box 12: Other (Read Only Access)
Name
Name
Signature
Signature
Organization / Official Position
Organization / Official Position
Mailing Address
Mailing Address
City, State, Zip
City, State, Zip
Daytime Telephone
Daytime Telephone
E-mail Address
E-mail Address
Subrecipient's Fiscal Year (FY) Start: Month: Day:
Subrecipient's Federal Employer's Identification Number (EIN) 59-6000290
Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management
Subrecipient's: FIPS Number (If Known) 069-12925-00
13
Attachment C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within the five-year period preceding entering into this Agreement had one or more public
transactions (Federal, State, or Local) terminated for cause or default; and
3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil
judgment rendered against them for:
a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b)
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen property.
The Subrecipient understands and agrees that the language of this certification must be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and
cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly.
The Subrecipient further understands and agrees that this certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
By: -
Signature
Tim Murry, Mayor
Name and Title
685 West Montrose Street
Street Address
Clermont, FL, 34711
City, State, Zip
A 0�n l�a." I'E? , a 0@ J
Date
Clermont, City of
Subrecipient's Name
Z4720
FDEM Contract Number
14
Required Contract Provisions
1. Remedies
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which an NFE may purchase property or services using small purchase methods, currently set at
$250,000 for procurements made on or after June 20, 2018,4 must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
must provide for sanctions and penalties as appropriate.5
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for
procurements made on or after June 20, 2018. Although not required for contracts at or below the
SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause
in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the
contract must include a clause addressing that non -delivery by the contract's specified date or other
vendor nonperformance will require a penalty of no less than $100 per day until such time that the
vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty
clause should, however, account for force majeure or acts of god. AFG recipients should refer to the
applicable year's Notice of Funding Opportunity (NOFO) for additional information, which can be
accessed at FEMA.gov.
2. Termination for Cause and Convenience
Contracts for more than $10,000 must address termination for cause and for convenience by the
non-federal entity, including how it will be carried out and the basis for settlement.6
2.1 Applicability
This contract provision is required for procurements exceeding $10,000. FEMA suggests including a
termination for cause and for convenience in all contracts even when not required.
4 See FEMA Grant Programs Directorate Information Bulletin No. 434, Increases and Changes to the Micro -
Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018),
httos://www.fema.gov/sites/default/files/2020-
08/ib 434 changes micro purch simp acquisition thresholds.pdf. For procurements subject to 2 C.F.R. Part
200 that were made before June 20, 2018, the SAT was $150,000.
5 2 C.F.R. Part 200, Appendix II, § A.
6 See 2 C.F.R. Part 200, Appendix II, § B.
15
3. Equal Employment Opportunity
Any contract that uses federal funds to pay for construction work is a "federally assisted construction
contract" and must include the equal opportunity clause found in 2 C.F.R. Part 200, unless otherwise
stated in 41 C.F.R. Part 60.7
3.1 Applicability
This contract provision is required for all procurements that meet the definition of a "federally
assisted construction contract."
3.2 Key Definitions
■ Federally Assisted Construction Contract: The regulation at 41 C.F.R. § 60-1.3 defines a federally
assisted construction contract as "any agreement or modification thereof between any applicant
and a person for construction work which is paid for in whole or in part with funds obtained from
the Government or borrowed on the credit of the Government pursuant to any federal program
involving a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee, or any application or
modification thereof approved by the Government for a grant, contract, loan, insurance, or
guarantee under which the applicant itself participates in the construction work."
■ Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines construction work as "the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing utility
services. The term also includes the supervision, inspection, and other onsite functions incidental
to the actual construction."
■ Contract: The regulation at 41 C.F.R. § 60-1.3 defines contract as "any Government contract or
subcontract or any federally assisted construction contract or subcontract."
■ Additional definitions pertaining to this contract provision can be found at 41 C.F.R. § 60-1.3.
3.3 Required Language
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41
C.F.R. Part 60, the insertion of the following contract clause: "During the performance of this
contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
See 2 C.F.R. Part 200, Appendix II, § C.
16
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
17
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings."
18
4. Davis -Bacon Act
This statute requires that contractors must pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in the Secretary of Labor's wage determination. Additionally,
contractors are required to pay wages at least once per week.8 Additional requirements are listed
below, and relevant definitions are at 29 C.F.R. § 5.2. NFEs should refer to the applicable NOFO or
other program guidance or contact their applicable FEMA grant representative for additional
information on how to implement this requirement.
4.1 Applicability
When required by the federal program legislation, prime construction contracts over $2,000
awarded by NFEs must include a provision for compliance with the Davis -Bacon Act.9
The Davis -Bacon Act only applies to the Emergency Management Performance Grant Program,10
Homeland Security Grant Program,11 Nonprofit Security Grant Program,12 Tribal Homeland Security
Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program,15 Intercity
Passenger Rail Program,16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless
otherwise stated in a program's authorizing statute, it does not apply to other FEMA grant and
cooperative agreement programs, including the PA Program. .
8 See id.; 40 U.S.C. §§ 3141-3144 and 3146-3148. The Davis -Bacon Act is supplemented by Department of
Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering federally
Financed and Assisted Construction)
9 2 C.F.R. Part 200, Appendix II, § D.
10 See section 6110)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act),
Pub. L. No. 93-288 (codified as amended at 42 U.S.C. § 51960)(9)).
11 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as
amended at 6 U.S.C. § 609(b)(4)(B)(ii)) (citing to section 6116)(9) of the Stafford Act).
121d. The Davis -Bacon Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is
funded as a carve -out of the appropriations for the Homeland Security Grant Program (NSGP). See, e.g.,
Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection,
Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance §§ 1-2.
Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. § 609a) (authorizing NSPG as a
stand-alone program where the Davis -Bacon Act does not apply, but as of the date of publication of this
document, NSGP has not been funded as a standalone program).
13 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002.
14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified
as amended at 46 U.S.C. § 70107); 46 U.S.C. § 70107(b)(2). While the MTSA requires that PSGP construction
activities are carried out consistent with section 6110)(8) of the Stafford Act, a subsequent amendment to the
Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 6110)(8) to 6110)(9).
The cross-reference in the MTSA has not been updated.
15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act),
Pub. L. No. 110-53 (6 U.S.C. § 1135) (applying the requirements of section 49 U.S.C. § 5307); 49 U.S.C. §
5333 (applying the Davis -Bacon Act to grants provided under 49 U.S.C. § 5307).
16 See section 1513(h) of the 9/11 Act (6 U.S.C. § 1163(h)) (citing to 49 U.S.C. § 24312, which requires
compliance with the Davis -Bacon Act).
17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. § 467f-
2(d)(2)(E)) (requiring compliance with 42 U.S.C. § 51960)(9), which is section 6110)(9) of the Stafford Act that
applies the Davis -Bacon Act).
19
4.2 Additional Requirements
If applicable, in addition to the requirements mentioned in the beginning of this section, the NFE
must do the following:
■ Place a copy of the Department of Labor's current prevailing wage determination in each
solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing
wage determination is accepted. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.18
■ Include a provision for compliance with the Copeland "Anti -Kickback" Act for all contracts subject
to the Davis -Bacon Act.19 See Required Contract Provisions, Section 5. Copeland Anti -Kickback
Act in this Guide for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory
requirements for the Copeland "Anti -Kickback" Act are incorporated by reference into the required
contract provision, so a separate contract provision is not necessary. However, the NFE may include
a separate contract provision specific to the Copeland "Anti -Kickback" Act.
■ Per Department of Labor's implementing regulations for the Davis -Bacon Act, the NFEs
contractor and any subcontractors are required to insert, or incorporate by reference, the clauses
contained at 29 C.F.R. § 5.5(a)(1)-(10)20 into any subcontracts.
■ Follow the other requirements of the Davis -Bacon Act and implementing regulations.21
4.3 Required Language22
If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. §
5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these
provisions in full in any subcontracts.23
5. Copeland "Anti -Kickback" Act
The Copeland "Anti -Kickback" Act prohibits workers on construction contracts from giving up wages
that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29
C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the
18 2 C.F.R. Part 200, Appendix II, § D.
19 2 C.F.R. Part 200, Appendix II, § D.
20 29 C.F.R. § 5.5(a)(6).
2140 U.S.C. §§ 3141-3144, 3146-3148; 29 C.F.R. Part 5.
22 29 C.F.R. § 5.5(a).
23 29 C.F.R. § 5.5(a)(1), (6).
24 See id.; 40 U.S.C. § 3145. The Copeland "Anti -Kickback" Act is supplemented by Department of Labor
regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States).
20
Davis -Bacon Act's minimum wage provisions as well as various statutes with similar minimum wage
provisions for federally assisted construction.25
5.1 Applicability
For all prime construction contracts above $2,000, when the Davis -Bacon Act also applies,26 NFEs
must include a provision in contracts and subcontracts for compliance with the Copeland "Anti -
Kickback" Act.27 This requirement applies to all prime construction contracts above $2,000 in
situations where the Davis -Bacon Act also applies.28 In situations where the Davis -Bacon Act does
not apply, neither does the Copeland "Anti -Kickback" Act. As described in section A.4 regarding the
Davis -Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement
programs. Please reference that list discussed above. Of note, it does not apply to the PA Program.
5.2 Additional Requirements
If applicable, the NFE must do the following:
■ Include a provision for compliance with the Copeland "Anti -Kickback" Act.29 According to the
Davis -Bacon Act implementing regulations, the requirements for the Copeland "Anti -Kickback"
Act are incorporated into the required contract provision for the Davis -Bacon Act by reference.30
Therefore, a separate contract provision is not necessary. However, the NFE may include a
separate contract provision specific to the Copeland "Anti -Kickback" Act with language
suggested below.
■ The Copeland "Anti -Kickback Act" prohibits each contractor or subcontractor from any form of
persuading a person employed in construction, completion, or repair of public work to give up
any part of their rightful compensation. The NFE must report all suspected or reported violations
of the Copeland "Anti -Kickback Act" to FEMA.31
■ Each contractor and subcontractor must provide weekly reports of the wages paid during the
prior week's payroll period to each employee covered by the "Copeland Anti -Kickback" Act and
the Davis -Bacon Act. The reports must be delivered to a representative of a federal or state
agency in charge at the building or work site by the contractor or subcontractor within seven days
of the payroll period's payment date.32
25 See 29 C.F.R. § 3.1.
26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c).
27 2 C.F.R. Part 200, Appendix II, § D.
28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c).
29 See 29 C.F.R. § 3.11.
30 29 C.F.R. § 5.5(a)(5).
31 See 2 C.F.R. Part 200, Appendix II, § D.
32 See 29 C.F.R. § 3.4.
21
■ Follow the other requirements of the Copeland "Anti -Kickback" Act and implementing
regulations.33
5.3 Suggested Language
The following provides a sample contract clause:
"Compliance with the Copeland "Anti -Kickback" Act.
Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into
this contract.
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12."
6. Contract Work Hours and Safety Standards Act
Where applicable,34 all contracts awarded by the NFE of more than $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with statutory
requirements on work hours and safety standards.35 Under 40 U.S.C. § 3702, each contractor must
base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is
allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours
worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. § 3704,
work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe.
Relevant definitions are at 40 U.S.C. § 3701 and 29 C.F.R. § 5.2.
6.1 Applicability
This required contract provision applies to all procurements over $100,000 that involve the
employment of mechanics, laborers, and construction work.36 These requirements do not apply to
33 18 U.S.C. § 874; 40 U.S.C. § 3145; 29 C.F.R. Part 3.
34 See 40 U.S.C. §§ 3701-3708.
35 40 U.S.C. §§ 3702, 3704. The Contract Work Hours and Safety Standards Act is supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E.
36 41 C.F.R. Part 60-1.3.
22
the purchase of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.37
6.2 Additional Requirements
If applicable per the standard described above, the non-federal entity must include the provisions at
29 C.F.R. § 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must
include these provisions, in full, into any subcontracts.38
In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject only to the
Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1,
the NFE must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c). Specific language
is not required, but FEMA has provided suggested language below.
6.3 Required Language
For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is provided here for
ease of reference:
"Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or
subrecipient) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other
37 2 C.F.R. Part 200, Appendix II, § E.
38 29 C.F.R. § 5.5(b)(1), (4).
23
federal contract with the same prime contractor, or any other federally -assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (b)(1) through (4) of this section."
6.4 Suggested Language
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not
subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required,
FEMA suggests including the following language:
"Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the
Department of Homeland Security, the Federal Emergency Management Agency, and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job."
7. Rights to Inventions Made Under a Contract or
Agreement
This contract provision outlines the rules governing the ownership of inventions created using federal
funds. If the FEMA award meets the definition of funding agreement39 and the NFE enters into any
contract involving substitution of parties, assignment or performance of experimental,
developmental, or research work under that funding agreement, then the NFE must comply with the
requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA.
39 Funding agreement definition found under 37 C.F.R. § 401.2(a).
24
7.1 Applicability
This provision does not apply to all FEMA grant and cooperative agreement programs. NFEs should
refer to applicable NOFO or other program guidance or contact their applicable FEMA grant
representative to determine if this provision is required for the procurement. However, the Rights to
Inventions Made Under a Contract or Agreement clause is not required for procurements under
FEMA's PA Program.
7.2 Key Definitions
Funding Agreements: The regulation at 37 C.F.R. § 401.2(a) defines funding agreement as "any
contract, grant, or cooperative agreement entered into between any federal agency, other than the
Tennessee Valley Authority, and any contractor for the performance of experimental, developmental,
or research work funded in whole or in part by the federal government. This term also includes any
assignment, substitution of parties, or subcontract of anytype entered into for the performance of
experimental, developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph."
8. Clean Air Act and Federal Water Pollution Control Act
For contracts over $150,000, contracts must contain a provision requiring contractors to comply
with the Clean Air Act40 and the Federal Water Pollution Control Act.41 Violations must be reported to
FEMA and the Regional Office of the Environmental Protection Agency (EPA).42
8.1 Applicability
This contract provision is required for all procurements over $150,000.
8.2 Suggested Language
The following provides a sample contract clause:
"Clean Air Act"
The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The contractor agrees to report each violation to the (insert name of non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
40 42 U.S.C. §§ 7401-7671q. This also includes all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act.
4133 U.S.C. §§ 1251-1387, as amended.
42 2 C.F.R. Part 200, Appendix II, § G.
25
assure notification to the Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
"Federal Water Pollution Control Act"
The contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the (insert name of the non-federal entity
entering into the contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as required to
assure notification to the (insert name of the pass -through entity, if applicable), Federal
Emergency Management Agency (FEMA), and the appropriate Environmental Protection
Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA."
9. Debarment and Suspension
NFEs contractors and subcontractors are subject to debarment and suspension regulations.43
Applicable contracts and subcontracts must include a provision requiring compliance with
debarment and suspension regulations.44
9.1 Applicability
The debarment and suspension clause is required for all contracts and subcontracts for $25,000 or
more, all contracts that require the consent of an official of a federal agency, and all contracts for
federally required audit services.45
NFEs, even for procurements under $25,000, must also comply with the regulation requiring non -
state entities to only award contracts to responsible vendors.46
43 2 C.F.R. Part 180 (implementing Executive Order 12549, Debarment and Suspension (1986) and Executive
Order 12689, Debarment and Suspension (1989)); 2 C.F.R. Part 3000 (Department of Homeland Security
regulations for Nonprocurement Debarment and Suspension, implementing 2 C.F.R. Part 180).
as 2 C.F.R. § 180; 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 3000.332.
45 2 C.F.R. § 180.220(b); 2 C.F.R. § 3000.220.
46 2 C.F.R. § 200.318(h). For contracts and subcontracts under $25,000, a contract provision is only required
if those contracts or subcontracts are for federally required audit services or require the consent of a federal
agency. However, even where a contract provision is not required, non -state entities must still ensure they are
only awarding contracts to responsible vendors.
26
9.2 Additional Requirements
The debarment and suspension regulations restrict awards, subawards, contracts, and subcontracts
with parties that are debarred, suspended, or otherwise excluded, or declared ineligible for
participation in federal assistance programs and activities.47
If applicable, a contract or subcontract must not be made to parties listed on the governmentwide
exclusions in the System for Award Management (SAM). SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties that are debarred, suspended, or
otherwise excluded, or declared ineligible under statutory or regulatory authority other than Executive
Order 12549.48 SAM Exclusions can be accessed at www.sam.goy.49
In general, an "excluded" party cannot receive a federal grant award or a contract considered to be a
"covered transaction," which includes parties that receive federal funding indirectly such as
subawards and subcontracts. The key to the exclusion is whether there is a covered transaction. A
covered transaction is a nonprocurement transaction at either a primary or secondary tier.50
Specifically, a covered transaction includes the following contracts for goods or services under FEMA
grant and cooperative agreement programs:
■ The contract is at least $25,000.
■ The contract requires the approval of FEMA, regardless of amount.
■ The contract is for federally required audit services.
■ It is a subcontract for $25,000 or more.51
9.3 Suggested Language
The following provides a debarment and suspension clause. It also incorporates an optional method
of verifyingthat contractors are not excluded or disqualified52:
47 See 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 200.213. See also 2 C.F.R. Parts 180, 3000.
48 See 2 C.F.R. Part 200, Appendix II, § H.
49 2 C.F.R. § 180.530.
50 The regulations at 2 C.F.R. Parts 180 and 3000 are titled "nonprocurement" because they do not apply to
procurements by the federal government but rather to federal financial assistance. There are separate
debarment and suspension regulations covering procurements by the federal government. However, although
the term "covered transactions" under 2 C.F.R. Parts 180 and 3000 does not include contracts awarded by the
federal government, it does include some contracts awarded by recipients and subrecipients.
51 See 2 C.F.R. §§ 180.220, 3000.220.
52 Per 2 C.F.R. § 180.300, non-federal entity about to enter into an applicable contract, or a contractor about
to entire into an applicable subcontract, must verify that the contractor or subcontractor is not excluded or
disqualified by doing one of three things: 1) check SAM Exclusions; 2) collect a certification from the contractor
or subcontractor; or 3) add a clause or condition to the contract or subcontract. The additional suggested
language in this sample clause is for purposes of this requirement.
27
"Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part
3000. As such, the contractor is required to verify that none of the contractor's principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
This certification is a material representation of fact relied upon by (insert name of
recipient/subrecipient/applicant). If it is later determined that the contractor did not comply
with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies
available to (insert name of recipient,/subrecipient/applicant), the federal government may
pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart
C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions."
10. Byrd Anti -Lobbying Amendment
NFEs who intend to award contracts of more than $100,000, and their contractors who intend to
award subcontracts of more than $100,000, must include a contract provision prohibiting the use of
federal appropriated funds to influence officers or employees of the federal government. Contractors
that apply or bid for a contract for more than $100,000 must also file the required certification
regarding lobbying.53
Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay
any person or organization for influencing or attempting to influence an employee of a federal
agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress
in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. § 1352.
53 See 2 C.F.R. Part 200, Appendix II, § I (citing 31 U.S.C. § 1352); 44 C.F.R. § 18.110.
28
The required certification form is found in FEMA regulations.54 Each tier must also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal funding.
These disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.55
10.1 Applicability
The Byrd Anti -Lobbying Amendment clause and certification are required for contracts of more than
$100,000, and for subcontracts of more than $100,000.
10.2 Suggested Language
The following provides a sample contract clause:
"Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of more than $100,000 shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federally
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or employee of
Congress, or an employee of a Member of Congress in connection with obtaining any federal
contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the federal awarding agency."
10.3 Required Certification
10.3.1 REQUIRED CERTIFICATION LANGUAGE
If applicable, contractors must sign and submit the following certification to the NFE with each bid or
offer exceeding $100,000:
"APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
54 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix A. FEMA's regulations at 44 C.F.R. Part 18
implement the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the
certification that is required to be completed by each entity as described in 31 U.S.C. § 1352.
55 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix B. The specific form for disclosures is
referenced in Appendix B to 44 C.F.R. Part 18 and is SF-LLL, also available at
htti)s://www.grants.gov/web/grants/forms/sf-424-family.htmi.
29
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure."
10.3.2 RECOMMENDED SIGNATURE LINE:
At the end of the certification language, FEMA recommends including the following signature
line.
"The Contractor, , certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies
for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date"
30
11. Procurement of Recovered Materials
An NFE that is a state agency or an agency of a political subdivision of a state, and the NFE's
contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFEs must
include a contract provision requiring compliance with this requirement.57 This includes contracts
awarded by a state agency or political subdivision of a state and its contractors for certain items, as
designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments
and nonprofit organizations are not required to comply with this provision. Additional requirements
are listed below.
11.1 Applicability
This required contract provision applies to all procurements over $10,000 made by a state agency or
an agency of a political subdivision of a state and its contractors.
11.2 Additional Requirements
The requirements include:
■ Procuring only items designated in EPA guidelines59 that contain the highest practical percentage
of recovered materials consistent with maintaining competition, where the purchase price of the
item is greater than $10,000, or the value of the amount of items purchased in the preceding
fiscal year was greater than $10,000;
■ Procuring solid waste management services in a way that maximizes energy and resource
recovery; and
■ Establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.60
11.3 Suggested Language
The following provides a sample contract clause:
"In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acq ui red-
56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42
U.S.C. § 6962). 2 C.F.R. § 200.323.
57 See 2 C.F.R. Part 200, Appendix II, § J (citing 2 C.F.R. § 200.323).
58 See 2 C.F.R. Part 200, Appendix II, § J; 2 C.F.R. § 200.323; 40 C.F.R. Part 247.
59 40 C.F.R. Part 247.
60 42 U.S.C. § 6962; 2 C.F.R. § 200.323.
31
Competitively within a timeframe providing forcompliance with the contract performance
schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act."
12. Prohibition on Contracting for Covered
Telecommunications Equipment or Services
Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim),
prohibit the obligation or expending of federal award funds on certain telecommunication products
or from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and
subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA
award funds to:
a. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
c. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
12.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to
include this contract provision in all FEMA-funded contracts and subcontracts, including any
purchase orders.61 FEMA strongly encourages the use of this contract clause for any contracts where
612 C.F.R. Part 200, Appendix II, § K (citing 2 C.F.R. § 200.216).
32
FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards
issued on or after November 12, 2020.
12.2 Suggested Language
The following provides a sample contract clause:
"Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive
agency on or after Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain telecommunications products or
from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds
from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming,
or interconnection arrangements; or
33
(ii) Telecommunications equipment that cannot route or redirect user data traffic or
permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as
part of any system, during contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the contractor shall report the
information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this
clause:
(i) Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier unique
entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments."
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13. Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, NFEs should, to the greatest extent practicable
under a federal award, provide a preference for the purchase, acquisition, or use of goods, products
or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel,
cement, and other manufactured products.62
13.1 Applicability
For purchases in support of FEMA declarations and awards issued on or after November 12, 2020,
all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for
work or products a contract provision encouraging domestic preference for procurements.63
13.2 Suggested Language
The following provides a sample contract clause:
"Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States. This includes, but is not limited to iron, aluminum,
steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Manufactured products mean items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."
62 See 2 C.F.R. § 200.322.
63 2 C.F.R. Part 200, Appendix II, § L (citing 2 C.F.R. § 200.322). The requirements of 2 C.F.R. § 200.322 must
also be included in all subawards.
35
Attachment E
Certification Regarding Lobbying
APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient or contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
Signature of Subreci�ienthgn'Xactor's Authorized Official
Tim Murry, Mayor
Name and Title of Subrecipient/contractor's Authorized Official
Ju-rvaz y r5, 901;6
Date
36
ATTACHMENT F
FOREIGN COUNTRY OF CONCERN ATTESTATION
(PUR 1355)
This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply
to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity
access to an individual's Personal Identifying Information.
Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.
Name of entity is not owned by the government of a Foreign Country of Concern, is not organized under the
laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a
Foreign County of Concern does not have a Controlling Interest in the entity.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are
true.
Printed Name:
Title:
Signature:
Date:
37
