HomeMy WebLinkAbout18-023RESOLUTION NO. 18-023
A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF
PURCHASING REGULATIONS; AMENDING SECTION 16.3,
PROCUREMENT, TO ESTABLISH PROCEDURES FOR PROCUREMENTS
FUNDED IN WHOLE OR IN PART BY THE FEDERAL EMERGENCY
MANAGEMENT ADMINISTRATION ("FEMA") AS SET FORTH IN
ATTACHMENT C, "FEMA PROCUREMENT REQUIREMENTS"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the
following determinations:
1. On September 24, 1985, the Board of County Commissioners for St. Lucie County,
(the `Board") adopted Ordinance No. 85-06 which created a purchasing department.
2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established
the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St.
Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual");
and since that date the Purchasing Manual has been amended from time to time.
3. It is necessary to further amend Resolution 85-212, as previously amended, by
amending the Purchasing Manual to reference previously added Attachment B, FTA
Purchasing Guidelines, and incorporate federal procurement requirements for project
funded by the Federal Emergency Management Administration ("FEMA").
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set
forth in Exhibit "A" attached.
2. This resolution shall become effective upon adoption.
After motion and second the vote on this Resolution was as follows:
Chair Frannie Hutchinson
AYE
Vice Chair Linda Bartz
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Cathy Townsend
AYE
PASSED AND DULY ADOPTED this 20th day of February, 2018
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ATTEST:
wl
r
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
B1(
Chair
APPROVED AS TO FORM AND
CORRECTNESS: A
County Attorn
EXHIBIT "A"
SECTION 16 — PROCUREMENT PROCEDURES FOR STATE OR
FEDERALLY FUNDED GRANT PROGRAMS
16.3 PROCUREMENT
The Board recognizes that certain procurement requirements for state or federally
funded grant programs may, from time to time, conflict with standard St. Lucie County
policies. The County Administrator therefore is authorized to modify County
procurement policies in order to comply with procurement required for state or federally
funded grant programs.
All procurement funded by Community Development Block Grants shall follow the
Procurement Policies and Procedures for Community Development Block Grant Programs
and Projects included as Attachment A of the St. Lucie County Purchasing Manual.
All procurement funded by Federal Transit Administration "FTA" Grants shall follow the
FTA Purchasing Guidelines included as Attachment B of the St. Lucie County Purchasing
Manual.
All procurements funded by the Federal Emergency Management Administration
"FEMA" shall be sub'ect to 2 C.F.R. Section 200.236 and 2 C.R. R Part 200 Appendix it
Required Contract Clauses included as Attachment C of the St. Lucie County Purchasing
Manual.
Procedure -- Applications
1. Complete the New Grant Request Form and memo located under the approval
request grant memo tab on the Office of Management and Budget (OMB)
intranet site; http://intranet.stiucieco.org/budget/default.aspx
2. Obtain Department Director's signature. Attach backup material related to
the grant application.
3. Submit signed form to the OMB for approval by the Management and Budget
Director.
4. OMB Director will review request, sign if recommending approval and submit
to the County Administrator for approval.
Procedure -- Acceptance
The Department will submit an agenda item including a copy of the grant award along
with a budget resolution (if required) to the Board of acceptance.
M
Procedure — Procurement
The Department will notify the County Administrator of any changes needed for
procurement requirements when submitting the grant approval request form.
ATTACHMENT C
FEMA PROCUREMENT REQUIREMENTS
2 C.F.R. Section 200.326 and 2 C.F.R. Part 200 Appendix If Required Contract Clauses
Requirements under the Uniform Rule: A non -Federal entity's contract must contain applicable
contract clauses described in Appendix It to the Uniform Rules (Contract Provisions for non -
Federal Entity Contracts Under Federal Awards), which are set forth below in this Attachment, 2
C.F.R. Section 200,326.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold
($150,000) must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for
such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix
11, Paragraph A.
b. Applicability: This requirements applies to all FEMA grant and cooperative
agreement programs.
2. Termination for Cause and Convenience.
a. All contracts in excess of $10,000 must address termination for cause for
convenience by the County, including the manner by which it will be effected
and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, Paragraph B.
b. Applicability: This requirements applies to all FEMA grant and cooperative
agreement programs.
3. E ual Em Io ment OpportunitV.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contract
that meet the definition of "federally assisted construction contract" in 41
C.F.R. Section 60-1.2 must include the equal opportunity clause provided
under 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246,
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending
Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2, C.F.R. Part 300, Appendix II, Paragraph C.
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b. Key Definitions.
(1) Federally Assisted Construction _Contract. The regulation at 41 C.F.R.
Section 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 Federal
Government pursuant to an 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 modifications thereof approved by the Federal
Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. Section 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.
c. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the
following contract clause:
During the performance of this contact, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, 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, 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 this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisement for employees
placed by or on behalf of the contractor, state that ail qualified
applicants will receive considerations for employment without regard
to race, color, religion, sex, or national origin.
(3) 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.
(4) The contractor will comply with all provisions of Executive Order 11246
of September 14, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) 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.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, and orders, this contract maybe canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Federal Government contracts or federally
assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions as 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.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraph (1) through
(7) in every subcontract or purchase order unless exempted by rules,
regulations or order of the Secretary of Labor issued pursuant to
section 264 of Executive Order 11246 of September 24, 1965, so that
such provision 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 s 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.
4. Davis -Bacon Act and Copeland Anti -Kickback Act.
a. Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the
emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and
Transit Security Grant Program. It does not apply to other FEMA grant
and cooperative agreement programs including the Public Assistance
Program•
b. All prime construction contracts in excess of $2,000 awarded by the
County must include a provision for compliance with the Davis -Bacon Act
(40 U.S.C. Section 3141-3144 and 3146-3148) as supplemented by
Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards
Provision Applicable to Contracts Covering Federally Financed and Assisted
Construction). See 2 C.F.R. Part 200, Appendix Il, Paragraph D.
c. In accordance with the statute, contractors must be required to pay wages
to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a
week.
d. The County must place a copy of the current prevailing wage
determination issued bythe Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The County shall report all
suspected or reported violations to the Federal awarding agency.
e. In contracts subject to the Davis -Bacon Act, the contracts must also include
a provision for compliance with the Copeland "Anti -Kickback" Act (40
U.S.C. Section 3145), as 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). The Copeland Anti -Kickback Act provides that each
contractor or subrecipient must be prohibited from inducing by any
means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is
otherwise entitled. The County shall report all suspected or reported
violations to FEMA.
f. The regulation at 29 C.F.R. Section 5.5(a) provides the required contract
clause that applies to compliance with bot the Davis -Bacon and Copeland
s
Acts. However, as discussed in the next subsection, the Davis -Bacon Act
does not apply to Public Assistance recipient and subrecipients. As such
FEMA requires the following contract clause:
Compliance with the Copeland "Anti -Kickback Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. Section
874, 40 U.S.C. Section 3145, and the requirements of 29 C.F.R.
pt.3, as may be applicable, which are incorporated by reference
into this contract.
(2) 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 subcontractors. The prime contractor shall be
responsible for the compliance by any subcontractor or lower
tier subcontractor with all of these contract clauses.
(3) 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. Section
5.12.
5. Contract Work Hours and Safety Standards Act.
(1) Applicability: This requirement applies to all FEMA grant and
cooperative agreement programs.
(2) Where applicable (see 40 U.S.C. Section 3701), all contracts awarded
by the County in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40
U.S.0 Sections 3702 and 3704, as supplemented by Department of
Labor regulations at 29 C.F.R. Part 5, See 2 C.F.R. Part 200, Appendix
II, Paragraph E.
(3) Under 40 U.S.C. Section 3702, each contract must be required to
compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week.
(4) The requirements of 40 U.S.0 Section 3704 are applicable to
construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not
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apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or
transmission of intelligence.
(5) The regulation at 29 C.F.R. Section 5.5(b) provides the required
contract clause concerning compliance with the Contract Work Hours
and Safety Standards Act:
Compliance with the Contract Work 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 work week in
which he or she is employed on such work to work in excess of
forty hours in such work week 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; liquidate dams es. In the
event of any violation of the clause set forth in paragraph (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,
for liquidated damages. Such liquidated damages shall be
computer with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard work week of forty
hours without payment of the overtime wage required by the
clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The
(insert name of Federal agency or the loan or grant recipient)
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 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 my be determined to
be necessary to satisfy any liabilities of such contractor or
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subcontractor for unpaid wages and liquidated damages as
provide in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (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 (1) through (4) of this section.
6. Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public
Assistance Hazard Mitigation Grant Program, Fire Management Assistance
Grant Program, Crisis Counseling Assistance and Training Grant Program,
Disaster Case Management Grant Program, and Federal Assistance to
Individuals and Households — Other Needs Assistance Program, As FEMA
awards under these programs do not meet the definition of "funding
agreement."
b. If the FEMA award meets the definition of "funding agreement" under 37
C.F.R. Section 401.2(a) and the County wishes to enter into a contract with
a small business firm or nonprofit organization regarding the substitution
of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the County must comply
with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organization and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements), and any implementing
regulation issued by FEMA. See 2 C.F.R. Part 200, Appendix II, Paragraph
F.
c. The regulation at 37 C.F.R. Section 401.2(a) currently 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 forthe performance of experimental,
developmental, or research work under a funding agreement as defined in
the first sentence of this paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess
of $150,000 must contain a provision that requires the contract to agree to comply with
all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42
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U.S.C. Section 7401-7571q) and the Federal Water Pollution Contract Act as amended (33
U.S.C. Sections 1251-1387). Violations must be reported to FEMA and the Regional Office
of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix It Paragraph G.
a. The following clauses shall be included in applicable contracts:
Clean Air Act
(1) 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. Section 7401, et seq.
(2) The contractor agrees to report each violation to the Florida
Department of Environmental Protection ("FDEP") and
understands and agrees that FDEP will, in turn, report each
violation as required to assure notification to the County, FEMA,
and the appropriate Environmental Protection Agency Regional
Office.
(3) 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
(1) 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.
(2) The contractor agrees to report each violation to the Florida
Department of Environmental Protection ("FDEP") and
understands and agrees that FDEP will in turn report each violation
as required to assure notification to the County and the
appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each
subcontract exceeding $150,000 finance in whole or in part with
Federal assistance provided by FEMA.
8. Debarment and Suspension.
a. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension
(1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R.
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Part 180 and the Department of Homeland Security regulations at 2 C.F.R. Part
3000 (Nonprocurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs and activities. See 2 C.F.R. Part 200,
Appendix II, Paragraph H; and Procurement Guidance for Recipients and
Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public
Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter
IV, Paragraph 6.d, and Appendix C, Paragraph 2 [hereinafter PDATSupplement]. A
contract award must not be made to parties listed in the SAM Exclusions. SAM
Exclusions is the list maintained by the General Services Administration that
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Oder 12549. SAME exclusions can be accessed at
www.sam.gov. See 2 C.F.R Section 180.530; PDAT Supplement, Chapter IV,
Paragraph 6.d and Appendix C, Paragraph 2.
d. In general, an "excluded" party cannot receive a Federal grant award or a contract
within the meaning of a "covered transaction," to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly, such as
contractors to recipients and subrecipients. The key to the exclusion is whether
there is a "covered transaction," which is any nonprocurement transaction (unless
excepted) at either "primary" or "secondary" tier. Although "covered
transactions" do not include contracts awarded by the Federal Government for
purposes of the nonprocurement common rule and DHS's implementing
regulations, it does include some contracts awarded by recipients and
subrecipients.
e. Specifically, a covered transaction includes the following contracts for goods or
services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at
least $25,000.
(2) The contract requires the approval of FEMA, regardless of the amount.
(3) The contract is for federally-required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the
contractor of a recipient or subrecipient and requires either the approval
of FEMA or is in excess of $25,000.
f. The following debarment and suspension clause incorporates an optional method
of verifying that contractors are not excluded or disqualified. It shall be included
in all applicable contracts.
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Suspension and Debarment.
(1) 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, its principals (defined at 2 C.F.R. Section 180.995) or its
affiliates (defined at 2 C.F.R. Section 180.905) are excluded (defined at 2
C.F.R. Section 180.940) or disqualified (defined at 2 C.F.R. Section
180.935).
(2) The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.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.
(3) This certification is a material representation of fact relied upon by (insert
name of subrecipient). 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 (name of state agency serving as
recipient and name of subrecipient), the Federal Government may pursue
available remedies, including but not limited to suspension and/or
debarment.
(4) 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
some compliance in its lower tier covered transactions.
9. Byrd Anti -Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the
required certification. See 2 C.F.R. Part 200, Appendix II, Paragraph 1; 44 C.F.R.
Part 18; PDAT Supplement, Chapter IV, 6.c: Appendix C, Paragraph 4.
c. 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 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. Section 1352. Each tier must 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 non -
Federal award. See PDAT Supplement, Chapter IV Paragraph 6.c and Appendix C,
Paragraph 4.
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d. The following Byrd Anti -Lobbying contract clause shall be included in any
applicable contract:
Byrd Anti -Lobbying Amendment 31 U.S.C. Section 1352 as amended
Contractors who apply or bid for an award of $100,000 or more shall file the
required certification. 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 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. Section 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.
APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor} certifies, to the best of his or her knowledge, that:
1. 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 or 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.
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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 31 U.S.C. Section 1352 (as amended by the Lobbying Disclosure Act
of 1953). 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 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. Section 3801 et seq., apply to this certification and disclosure, if
any.
Signature of Contractor's Authorized Representative
Name and Title of Contractor's Authorized Official
Date
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement
programs.
b. A non -Federal entity that is a state agency or agency of a political subdivision of a
state and its contractors must comply with Section 6002 of the Solid Waste Disposal
Act, Publ. L. No. 89-272 (1965) (codified as amended by the Resource Conservation
and Recovery act at 42 U.S.C. Section 6962). See 2 C.F.R. Part 200, Appendix II,
Paragraph J; 2 C.F.R. Section 200.322; PDAT Supplement, Chapter V, Paragraph 7.
c. The requirements of Section 6002 include procuring only items designated in
guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired by the preceding fiscal year exceed $10,000; procuring solid
waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in EDP guidelines.
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d. The following provision shall be included in contracts meeting the above thresholds:
i. 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 accepted ---
1. Competitively within a timeframe providing for compliance with
the contract performance schedule.
2. Meeting contact performance requirements; or
3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA -designated
items, is available at EPA's Comprehensive Procurement Guidelines web
site, https://www.epa.gov/sm m.com p rehensive- rocurement- uideline-
cpg-program.
11. Additional FEMA Re uirements.
a. The Uniform Rules authorize FEMAto require additional provision for non -Federal
entity contracts. FEMA, pursuant to this authority, requires or recommends the
following:
b. Changes. To be eligible for FEMA assistance under the non -Federal entity's FEMA
grant or cooperative agreement, the cost of the change, modification, change
order, or constructive change must be allowable, allocable, within the scope of its
grant or cooperative agreement, and reasonable for the completion of project
scope. FEMA recommends, therefore, that a non -Federal entity include a changes
clause in its contract that describe how, if at all, changes can be made by either
party to alter the method, price, or schedule of the work without breaching the
contract. The language of the clause may differ depending on the nature of the
contract and the end -item procured.
c. Access to Records. All non -Federal entities must place into their contracts a
provision that all contractors and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions
governing Department of Homeland Security and FEMA access to records,
accounts, documents, information, facilities, and staff. See DHS Standard Terms
and Conditions, v 3.0, Paragraph XXVI (2013).
d. The following provides a contract clause regarding access to records for DHS and
FEMA:
Access to Records. The following access to records requirements apply to this
contract:
1) The Contractor agrees to provide (insert name of state agency), St.
Lucie County, the FEMA Administrator, the Comptroller of the United
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States, or any of their authorized representatives access to any books,
documents, papers, and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits,
examinations, excerpts , and transcriptions.
2) The Contractor agrees to permit any of the foregoing parties to
reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed.
3) The Contractor agrees to provide the FEMA Administrator or his
authorized representative's access to construction or other work sites
pertaining to the work being completed under this contract.
12. DHS Seal, Logo, and Flags.
All contracts shall contain the following provision in accordance with DHS Standard Terms
and Conditions, v 3.0, Paragraph XXV (2013):
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre -approval.
13. Compliance with Federal Law Regulations, and Executive Orders.
All contracts must contain the following provision regarding compliance with federal law,
regulations and Executive Orders:
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Contractor will comply with all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
14. No Obligation by Federal Government.
All contracts must contain the following provision regarding no obligation by the Federal
Government:
The Federal Government is not a party to this contract and is not subject to any
obligations or liabilities to the County, Contractor, or any other party pertaining to any
matter resulting from the Contract.
15. Program Fraud and False or Fraudulent Statements or Related Acts.
All contracts must contain the following provision regarding program fraud and false or
fraudulent statements or related acts:
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The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
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