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2020-249
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Last modified
5/20/2021 10:25:32 AM
Creation date
12/9/2020 3:22:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
12/01/2020
Control Number
2020-249
Agenda Item Number
8.M.
Entity Name
SEE DOC 2021-070 FOR CORRECTED COPY (end date corrected)
Florida Department of Emergency Management
Subject
Federally Funded Subaward and Grant Agreement
Area
Jones' Pier Conservation Area Public Use Improvements
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J,R. SMITH, CLERK <br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all <br />contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of <br />mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as <br />supplemented by Department of Labor regulations (29 CFk'Part 5). Under 40 U.S.C. 3702 of the Act, <br />each contractor must be required to compute the wages of every mechanic and laborer on the basis of a <br />standard work week of 40 hours. Work in excess of the standard work week is permissible provided that <br />the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all <br />hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable <br />to construction work and provide that no laborer or mechanic must be required'to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous. These requirements do not <br />apply to the purchases of supplies or materials or articles ordinarily available on the open market, or <br />contracts for transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the <br />definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to <br />enter into a contract with a small business firm or nonprofit organization regarding the substitution of <br />parties, assignment or performance of experimental, developmental, or research work under that "funding <br />agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights <br />to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br />Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding <br />agency. <br />(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 <br />U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must <br />contain a provision that requires the non -Federal award to agree to comply with all applicable standards, <br />orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water <br />Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal <br />awarding agency and the Regional Office of the Environmental Protection Agency EPA). <br />(H) Mandatory standards and policies relating to energy efficiency which are contained in the <br />state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 <br />U.S.C. 6201. <br />(1) Debarment and Suspension (Executive Orders 12549 and 12689 A contract award (see 2 <br />CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in <br />the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that <br />implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 3 CFR Part 1989 <br />Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the <br />names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared <br />ineligible under statutory or regulatory authority other than Executive Order 12549. <br />(J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) --Contractors that apply or bid for an award <br />of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not <br />and has not used Federal appropriated funds to pay any person or organization for influencing or <br />attempting to influence an officer or employee of any agency, a member of Congress, officer or employee <br />of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, <br />grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - <br />Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are <br />forwarded from tier to tier up to the non -Federal award. <br />(Iq See § 200.322 Procurement of recovered materials. <br />FEMA provided the 2019 PDAT Contract Provisions Template for sub -recipients. It is available at <br />httos://www.fema.gov/media-library-data/1569959119092- <br />92358d63e00d17639d5db4de015184c9/PDAT ContractNbyisionsTemolate 9-30-19.0 <br />57 <br />
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