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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided <br />that 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 forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are <br />applicable to construction work and provide that no laborer or mechanic shall be required to work in <br />surroundings or under working conditions which are unsanitary, hazardous or dangerous. These <br />requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the <br />open market, or 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 shall comply with the requirements of 37 CFR Part 401, <br />"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government <br />Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the <br />awarding 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 shall <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 <br />Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations shall be reported to the <br />federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). <br />(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 <br />CFR § 180.220) shall not be made to parties listed on the governmentwide Excluded Parties List System <br />in 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 />(1) Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352)—Contractors that apply or bid for an <br />award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it <br />shall not 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 shall also disclose any lobbying with <br />non-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 />(J) See 2 C.F.R. § 200.323 Procurement of recovered materials. <br />(K) See 2 C.F.R. § 200.216 Prohibition on certain telecommunication and video surveillance <br />services or equipment. <br />(L) See 2 C.F.R. § 200.322 Domestic preferences for procurements <br />(Appendix H to Part 200, Revised Eff. 11/12/2020). <br />Please note that the Sub -Recipient alone is responsible for ensuring that all language included <br />in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix <br />H. <br />ATTACHMENT <br />FINANCIAL AND PROGRAM MONITORING GUIDELINES <br />Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist <br />threats since 1999 through various funding sources including federal grant funds. The Division has a <br />responsibility to track and monitor the status of grant activity and items purchased to ensure compliance <br />with applicable Emergency Management Performance Grant (EMPG) Program guidance and statutory <br />regulations. The monitoring process is designed to assess a Sub -Recipient agency's compliance with <br />applicable state and federal guidelines. <br />65 <br />