1. Environmental and Historic Preservation Protections
Federal laws, regulations, and executive orders and the terms and conditions of a specific FEMA award may require the County and its vendors to comply with applicable environmental and historic preservation requirements, which will, in turn, necessitate that vendors also implement these requirements as necessary in all subcontracts or third party contracts.
(a) Environmental and Historic Preservation Compliance. FEMA will identify various environmental and historic preservation mitigation measures applicable to the scope of work. Therefore, to the extent applicable, all vendors will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205)(codified as amended at 16 U.S.C. § 1531-1544);
(b) Vendor is required to comply with all applicable standards, orders, or requirements issued under the Environmental Protection Agency regulations (40 CFR part 15). (Applicable to contracts, sub-contracts, and subgrants of amounts in excess of $100,000).
(c) The vendor will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(d) The vendor will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
2. Use of DHS seal or logo prohibited
The vendor shall not use the Department of Homeland Security’s (“DHS”) or FEMA’s or County’s seal(s), logos, crests, or reproductions of flags or likenesses of any DHS agency officials or County officials without specific FEMA and/or County preapproval.
3. Hotel and Motel Fire Safety Act.
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225.
4. Other FEMA Requirements.
Vendors shall comply with any requirements of the Department of Homeland Security and/or FEMA as FEMA, DHS, or FDEM determines are applicable to vendors or contractors of County pursuant to the Federal Public Assistance grant award and the applicable purchase or project. Standard terms and conditions of the Department of Homeland Security are contained in DHS Standard Terms and Conditions located at https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. Many of those terms and conditions do pass through to subrecipients and vendors participating in Public Assistance Funding depending on the project and award.
5. Notice of Awarding Agency Regulations and Reporting Requirements
(1) General. The County is using Public Assistance grant funding awarded by FEMA to FDEM and/or County to pay, in whole or in part, for the costs incurred under this contract. As a condition of Public Assistance funding under the emergency declaration issued by FEMA, FEMA requires the FDEM/County to provide various financial and performance reporting.
a. It is important that the vendor is aware of these reporting requirements, as the County may require the vendor to provide certain information, documentation, and other reporting in order to satisfy County reporting requirements to FDEM, which, in turn, will enable FDEM\County to satisfy reporting requirements to FEMA.
b. Failure of County to satisfy reporting requirements to FEMA or FDEM is a material breach of the FEMA Public Assistance Agreement, and could result in loss of Federal financial assistance awarded to fund this contract.
(2) Applicable Regulations and Policy. The following reporting and monitoring regulations apply to public assistance grant awards: (a) 2 C.F.R. parts 200.327, (b) 2 C.F.R. part 200.328, and (c) 2 C.F. R. part 200.329. In addition, the Department of Homeland Security and FEMA may implement regulations and policies and require additional reporting and monitoring requirements that will be applicable to the funding award for this contract.
(3) Financial Reporting. The FDEM/County is required to submit the following financial reports to FEMA or such other reports as may be determined by FEMA from time to time:
a. Initial Report. An initial Federal Financial Report (SF 425) no later than 30 days after FEMA has approved the first Public Assistance project under the applicable FEMA award.
b. Quarterly Reports. Following submission of the initial report, quarterly Federal Financial Reports until submission of the final report described in the following subparagraph. Reports are due on January 30, April 30, July 30, and October 30.
c. Final Report. A final Federal Financial Report within 90 days of the end of the period of performance for the Public Assistance grant.
(4) Performance Reporting. The FDEM\County as applicable is required to submit the following financial reports to FEMA:
a. Initial Report. An initial performance report no later than 30 days after FEMA has approved the first Public Assistance project under the applicable FEMA award.
b. Quarterly Reports. Following submission of the initial report, quarterly performance reports until submission of the final report described in the following subparagraph. Reports are due on January 30, April 30, July 30, and October 30.
c. Final Report. A final performance report within 90 days of the end of the period of performance for the Public Assistance grant.
6. Access to Records.
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide Florida Department of Emergency Management (FDEM), Palm Beach County (County), the FEMA Administrator, the Department of Homeland Security, the Comptroller General of the United States, County and FDEM, 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 the contract.
7. Federal Financial Assistance and Compliance with Law
FEMA financial assistance will be used to fund the contract. The vendor agrees to comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. The vendor further agrees to ensure that, in the event work is subcontracted, the subcontract will include the requirements of this paragraph in all subcontracts made to perform this contract. Vendor shall comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directives. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, vendor, contractor or any other party pertaining to any matter resulting from the Contract.
8. Restrictions on Employment of Federal Employees.
Sections 203 and 205 of Title 18 of the Unites States Code imposes restriction on outside activities of Federal employees involving representation of others before the Federal government. This applies to all FEMA employees, including Disaster Reservists. Disaster Reservists who may be employed by vendors are prohibited from performing any work on a FEMA funded contract or award. Vendor shall ensure that no employees or vendors are working in any capacity, including on-call or on-contract as a vendor for FEMA.
9. Byrd Anti-Lobbying Amendment.
31 U.S.C. § 1352 (as amended) (Certification required if bid or contract or award is $100,000 or more).
Vendors 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. § 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.
A completed certificate attached hereto and titled “Byrd Anti-Lobbying Certificate” is required in vendor’s sealed Bid and shall be part of a Contract with County. Upon request, successful vendor agrees to provide the County with subsequent certification(s) for it and/or its suppliers, vendors, and sub consultants after Contract award. The language of the certification shall be included in and part of all subawards at every tier as required in the certification.
10. Compliance with the Contract Work Hours and Safety Standards Act (Applicable to Contracts in excess of $100,000 that involve the employment of mechanics or laborers)
A. This provision applies pursuant to the provisions of 40 U.S.C § (1) to contracts in excess of $100,000 involving the employment of laborers or mechanics.
(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 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; liquidated damages. 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 (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 (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 workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The County 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 monies 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 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 (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 or compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.