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2024-255B
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Last modified
2/28/2025 10:57:59 AM
Creation date
1/16/2025 10:49:06 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/08/2024
Control Number
2024-255B
Agenda Item Number
8.E.
Entity Name
Department of Homeland Security FL
Division of Emergency Management
Subject
Management FY 2024 Emergency Management Performance Agreement (EMPG) Agreement No.G0558
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lower tier subcontracts. The prime contractor shall be responsible for the compliance by <br />any subcontractor or lower tier subcontractor with all of these contract clauses. <br />iii. Breach. A breach of the contract clauses above may be grounds for termination <br />of the contract, and for debarment as a contractor and subcontractor as provided in 29 <br />C.F.R. § 5.12. <br />(28)CONTRACT WORK HOURS AND SAFETY STANDARDS <br />If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds <br />$100,000 and involves the employment of mechanics or laborers, then any such contract shall include a provision for <br />compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under <br />40 U.S.C. 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the <br />basis of a standard work week of forty (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 hours worked in <br />excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and <br />provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are <br />unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or <br />articles ordinarily available on the open market, or contracts for transportation. <br />(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT <br />If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds <br />$150,000, then any such contract shall include the following provision: <br />Contractor agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution <br />Control Act as amended (33 U.S.C. 1251-1387) and shall report violations to FEMA and <br />the Regional Office of the Environmental Protection Agency (EPA). <br />(30)SUSPENSION AND DEBARMENT <br />If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such <br />contract shall include the following provisions: <br />i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 <br />C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, <br />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 <br />§ 180.935). <br />ii. The contractor shall comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C and shall include a requirement to comply with these regulations in any <br />lower tier covered transaction it enters into. <br />iii. This certification is a material representation of fact relied upon by the Division. <br />If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C <br />and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the <br />Federal Government may pursue available remedies, including but not limited to <br />suspension and/or debarment. <br />iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. <br />180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout <br />the period of any contract that may arise from this offer. The bidder or proposer further <br />22 <br />
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