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2019-145
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Last modified
12/27/2019 2:16:12 PM
Creation date
10/17/2019 11:27:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/10/2019
Control Number
2019-145
Agenda Item Number
8.U.
Entity Name
Witt O’Brien’s, LLC
Subject
FEMA Public Assistance Consulting Services, RFP 2019060
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DocuSign Envelope ID: 6544BE3B-3425-435F-B8AB-D3833382ABB7 <br />APPENDIX C <br />FEMA CLAUSES <br />The Parties shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, <br />including, but not limited to the contractual procedures set forth in Title 2 of the Code of Federal <br />Regulations, Part 200 ("2 CFR 200"), including Appendix !Ito such Part ("Appendix <br />In addition, the Parties agrees as follows: <br />1. Clientis entitled to exercise all administrative, contractual, or other remedies permitted by law to <br />enforce Consultant's compliance with the terms of this Agreement, except to the extent expressly <br />provided otherwise by this Agreement. <br />2. Client may terminate this Agreement for cause or convenience in accordance with the procedures set <br />forth in this Agreement. <br />3. Compliance with the Davis -Bacon Act and Copeland Anti -Kickback Act as applicable to the Services. <br />a. Consultant shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 CFR <br />Part 3 as may be applicable, which are incorporated by reference into this Agreement. <br />b. Subcontracts. Consultant and any subcontractors to Consultant shall insert in any subcontracts <br />the clause above and such other clauses as FEMA may by appropriate instructions require, and <br />also a clause requiring the subcontractors to include these clauses in any lower tier <br />subcontractors. The prime contractor shall be responsible for compliance by any Consultant, <br />Subcontractor or lower tier subcontractor with all of these contract clauses. <br />c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, <br />and for debarment as a contractor, consultant and subcontractor as provided in 29 CFR §5.12. <br />4. Compliance with -the Clean Air Act and the Federal Water Pollution Control Act. <br />a. Clean Air Act <br />(i) Consultant agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Clean Air Act, 42 U.S.C. §7401 et seq. <br />(ii) Consultant agrees to report each violation to Client (as defined in the Agreement) and <br />understands and agrees that Client will, in turn, report each violation as required to assure <br />notification to FEMA and the appropriate Environmental Protection Agency Regional Office. <br />(iii) Consultant agrees to include these requirements in each subcontract exceeding $150,000 <br />financed in whole or in part with Federal assistance provided by FEMA. <br />b. Federal Water Pollution Control Act <br />(1) Consultant agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. <br />(ii) Consultant agrees to report each violation to Client and understands and agrees that Client <br />will, in turn, report each violation as required to assure notification to FEMA and appropriate <br />Environmental Protection Agency Regional Office. <br />(iii) The contractor agrees to include these requirements in each subcontract exceeding $150,000 <br />financed in whole or in part with Federal assistance provided by FEMA." <br />5. Suspension and Debarment <br />a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As <br />such, Consultant is required to verify that none of Consultant, its principals (defined at 2 C.F.R. § <br />180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) <br />PSA w/ FEMA Clauses Page 10 of 13 <br />
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