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1801 27,h Street <br />Vero Beach, FL 3296o <br />C. Failure of the Consultant to comply with these requirements shall be a material breach of this <br />Agreement. <br />11.12 FLORIDA STATUTE 558 <br />PURSUANT TO FLORIDA STATUTE § 558•035, AN <br />INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY <br />NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. <br />12. FEDERAL CLAUSES <br />For any work requested that will be paid for in part or whole by federal funds, the following terms will <br />apply: <br />A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall <br />maintain payrolls and basic payroll records during the course of the work and shall preserve them <br />for a period of three years from the completion of the contract for all laborers and mechanics, <br />including guards and watchmen, working on the contract. Such records shall contain the name and <br />address of each such employee, social security number, correct classifications, hourly rates of wages <br />paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) <br />Records to be maintained under this provision shall be made available by the CONSULTANT or <br />subcontractor for inspection, copying, or transcription by authorized representatives of the <br />Department of Homeland Security, the Federal Emergency Management Agency, and the <br />Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to <br />interview employees during working hours on the job. <br />B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. <br />18o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the <br />CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § <br />180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• <br />(2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart <br />C and must include a requirement to comply with these regulations in any lower tier covered <br />transaction it enters into. <br />(3) This certification is a material representation of fact relied upon by OWNER. If it is later <br />determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. <br />3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue <br />available remedies, including but not limited to suspension and/or debarment. (4) The bidder or <br />proposer agrees to comply with the requirements of 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, <br />subpart C while this offer is valid and throughout the period of any contract that may arise from this <br />offer. The bidder or proposer further agrees to include a provision requiring such compliance in its <br />lower tier covered transactions. <br />C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who <br />apply or bid for an award of $1oo,000 or more shall file the required certification. Each tier certifies <br />to the tier above that it will not and has not used Federal appropriated funds to pay any person or <br />organization for influencing or attempting to influence an officer or employee of any agency, a <br />member of Congress, officer or employee of Congress, or an employee of a member of Congress in <br />connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § <br />1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection <br />with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient <br />2023015 Agreement - 11 <br />