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Disaster Recovery Management Services
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THIS Disaster Recovery Management Services Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Langford Community Management Services, Inc.
("Contractor), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Disaster Recovery Management Services
in response to Request for Bid/Proposal No. 1584 ("RFB/RFP"), which RFB/RFP includes
the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, are incorporated by reference
in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in
its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Disaster Recovery Management Services
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for twenty-four months, with performance commencing
upon the date of issuance of a notice to proceed from the Contract Administrator
or Purchasing Division. The parties may mutually extend the term of this
Agreement for up to three additional twelve-month periods ("Option Period(s)"),
provided, the parties do so in writing and prior to the expiration of the original term
or the then-current Option Period. The City's extension authorization must be
executed by the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$50,000.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
navment. The City's Contract Administrator for this Agreement is as follows:
2018-421
8/28/18 n-Federal Funding Page 1 of 7
M2018-145 8
Langford Community
S( ANNFfl
Name: Sylvia Carrillo
Department: Executive Departments
Phone: (361) 826-3189
Email: SylviaCa@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
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(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a 001 in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
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method, price, or schedule of work must be allowable, allocable,within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Sylvia Carrillo
Title: Assistant City Manager
Address: 1201 Leopard St., 5th Floor ACM, Corpus Christi, TX 78401
Phone: (361 ) 826-3189
Fax: (361) 826-3839
IF TO CONTRACTOR:
Contractor Company Name
Attn: Langford Community Management Services
Title: President
Address: 2901 Country Road 175, Leander, TX 78641
Phone: (512) 452-0432
Fax: (512) 452-5380
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
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ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City Manager may terminate this Agreement for
Contractor's failure to perform the work specified in this Agreement or to keep
any required insurance policies in force during the entire term of this Agreement.
The Contract Administrator must give the Contractor written notice of the breach
and set out a reasonable opportunity to cure. If the Contractor has not cured
within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
(B) Termination for Convenience. Alternatively, the City Manager may terminate
this Agreement for convenience upon 30 days advance written notice to the
Contractor. The City Manager may also terminate this Agreement upon 24 hours
written notice to the Contractor for failure to pay or provide proof of payment of
taxes as set out in this Agreement. In the event of termination for convenience,
the Contractor will be compensated for all Services performed prior to the date
of termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination,if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
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operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement.
24. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
25. Governing Law. This Agreement is subject to all federal,State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
27. Federal Funding Requirements. This project is subject to requirements provided for
Federal Emergency Management Agency (FEMA) and/or other federally-funded
projects. A set of Federal Requirements has been attached as Attachment E, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. The Contractor must comply with Attachment E while
performing the Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement, such other clauses as FEMA
or its designee may by appropriate instructions require, a copy of applicable
prevailing wage decision, and a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime Contractor shall be
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responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses.
CONTRAC •
Signature: r
Printed Nam-. Ju-c-ti Lan5 rci
Title: Rt-e5IGIet
Date: ( t
CITY OF CORPUS CHRISTI
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Signature: IC D
Printed Name: VI LI A1Lf.
Title: 41-\c"-J-th-. � 1t ( PflaYiLied 6erV6C.LS
Date: q• C¢ L
ATTEST: \ e- 'tA A / L -
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RE:ECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1584
Exhibit 2: Contractor's Bid/Proposal Response
N 1 24-
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Service Agreement Standard Form-Federal Funding Page 7 of 7
Approved as to Legal Form 3/6/18
Attachment A: Scope of Work
1. General Requirements
The Contractor will assist the City in the process of gaining federal assistance
related to Hurricane Harvey on an as needed, as directed basis.
2. Scope of Work
The Contractor is to provide management services that may include but are not
limited to the following:
A. Work will include grant administration, audits and monitoring;
B. Assist the City with the administration of Disaster Recovery programs to include
but not be limited to Federal Emergency Management Agency (FEMA), Texas
Division of Emergency Management (TDEM) and other Federal, State or Local
programs and projects contemplated by Project Worksheets (PWs);
C. As directed by the City attend meetings with FEMA, TDEM, and other agencies
in conjunction with and on behalf of the local government;
D. Collaborate with local government on project formulation, including damage
assessments (field team assessment of damages including a comprehensive list
of damaged structures, contents, etc.); Information gathering (photo-document
damages, gather records, drawings, insurance policies, historical photos/videos,
etc.); project development (define both small and large projects' scope, size,
and damages, including cost estimating that will be the basis of each PW);
project submittals (draft and submit small and large project PWs to TDEM/FEMA);
E. Proactively identify opportunities to maximize Public Assistance and Post-Disaster
Mitigation Section 406 funding within the current regulatory framework;
F. Provide ongoing guidance to maximize FEMA Public Assistance funding;
G. Coordinate and manage deliverables with TDEM and FEMA;
H. Assist with TDEM, FEMA, and/or other Federal, State and Local grants quarterly
reporting;
I. Generate time extension requests to FEMA and/or other Federal grants and
TDEM when necessary so that eligibility is not forfeited;
J. Assist with insurance claim submission and tracking in relation to projects
submitted to FEMA to avoid duplication of benefits and document final amount
of insurance proceeds applied to each project;
K. Assist in getting the necessary legal documents for proper filing;
L. Advise on document retention strategies;
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M. Coordinate with local government staff to obtain all cost and necessary backup
documentation to develop, revise, and submit PWs;
N. Track status of FEMA and other agency reimbursement and serve as a co-liaison
between FEMA/other agencies and local government;
0. Assist in responding to Requests for Information from FEMA and or other agencies;
P. Assist with the submission of appeals to FEMA and or other Federal, State and
Local agencies;
Q. Provide detailed and periodic management reports on the status of PWs
including developments, revisions, submissions/approvals, open issues, financial
overview, etc.;
R. Assist with submittals of appeals to FEMA or other Federal, State or Local
agencies;
S. Provide Cash Management reports showing the projected schedule for
reimbursement requests and the actual status of reimbursements received;
T. Assist with the preparation of public procurement documentation and providing
additional procurement assistance;
U. Assist with tracking and management of project worksheets, claims, grant
applications and status, and associated information to facilitate effective
documentation, management of grant management and funding programs,
and information sharing;
V. Assist with developing program guidelines, policies, procedure, implementation
plans, or other pertinent documents;
W. Research, development, and prepare grant applications and other applicable
public assistance documents;
X. Review data and records for compliance with Federal, State or Local
requirements;
Y. Advise on the management of the closeout process; and
Z. Researching, monitoring, reporting, documenting, managing, analyzing,
assessing, designing, and other work related to disaster recovery, disaster
planning, disaster mitigation, and public assistance.
Page 2 of 2
Attachment B: Bid/Pricing Schedule
e
o ' CITY OF CORPUS CHRISTI
Pricing Form
PURCHASING DIVISION
1862
RFP No. 1584
RFP Disaster Recovery Management Services
DATE: May 3, 2018 PAGE 1 OF 1
Langford Community Management Services, Inc, AL-N&
PROPOSER MOH• .IZED S GNA '
1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing
proposal.
2. Provide your best price for each item.
3. In submitting this proposal, Proposer certifies that:
a. the prices in this proposal have been arrived at independently,without consultation,
communication, or agreement with any other Proposer or competitor, for the purpose
of restricting competition with regard to prices;
b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
i T
ITEM __._. __..._ DESCRIPTION RATE/PERCENTAGE I
1.0 Unburdened Hourly Rate $65.00
2.0 Overhead Rate $20.00
3.0 Profit Percentage 10%
Total - Burdened Hourly Rate $93.50
`Please note some tasks may be performed on a lump sum basis calculated utilizing the hourly rates
above and actual cost for related reimbursables. In addition,some tasks may also be performed on a
contingency basis as a set percentage of the grant that is awarded.
Attachment C: Insurance and Bond Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained_and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management one (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional insured
on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on all applicable policies. Endorsements must be
provided with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises- Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
Page 1 of 3
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (Defense costs not included in face
value of the policy)
If claims made policy, retro date must
be prior to inception of agreement,
have extended reporting period
provisions and identify any limitations
regarding who is insured.
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
Page 2 of 3
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing
Disaster Recovery Management Services
03/27/2018 sw Risk Management
Bonds
Section 5.(B) is null for this agreement.
Page 3 of 3
Attachment E: Federal Requirements
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Section No. Title
FR-F01 Access to Records
FR-F02 Breach of Contract
FR-F03 Byrd Anti-Lobbying Amendment
FR-F04 Clean Air Act and the Federal Water Pollution Control Act
FR-F05 Compliance with Federal Law, Regulations, and Executive Orders
FR-F06 Contract Work hours and Safety Standards Act
FR-F07 Copeland "Anti-Kickback" Act(Construction Only)
FR-F08 Davis-Bacon Act (Construction Only)
FR-F09 Debarment and Suspension
FR-F10 DHS Seal, Logo and Flags
FR-F11 Equal Employment Opportunity(Construction Only)
FR-F12 No Obligation by Federal Government
FR-F13 Procurement of Recovered Materials
FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts
FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public
Assistance Contracts)
END OF TABLE OF CONTENTS
FEDERAL REQUIREMENTS: FR-F01
ACCESS TO RECORDS
Access to Records. The following access to records requirements apply to this contract:
(1) The Contractor agrees to provide the City, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
Reference: DHS Standard Terms and Conditions, v 7.1, p. 1 (2017)
FEDERAL REQUIREMENTS: FR-F02
BREACH OF CONTRACT
Any violation or breach of terms of this Contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this Contract or such other
action that may be necessary to enforce the rights of the parties of this agreement.
City will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the
Contract. City reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the City elects to terminate the Contract. The City's
notice will identify a specific date by which the Contractor must correct the breach. City
may proceed with termination of the Contract if the Contractor fails to correct the breach
by deadline indicated in the City's notice.
The duties and obligations imposed by the Contract documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II(A)
FEDERAL REQUIREMENTS: FR-F03
BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
Reference: 31 U.S.C. § 1352 (as amended)
FEDERAL REQUIREMENTS: FR-F04
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
A. Clean Air Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401
et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
B. Federal Water Pollution Control Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. §1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
Reference: 2 CFR § 200, Appendix ll¶(G)
FEDERAL REQUIREMENTS: FR-F05
COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
Reference: FEMA requirement
FEDERAL REQUIREMENTS: FR-F06
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(1)of this section, in the sum of$10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such contract or
any other Federal contract with the same prime Contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.
Reference: 29 CFR § 5.5(b)
FEDERAL REQUIREMENTS: FR-F07
COPELAND "ANTI-KICKBACK" ACT
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F08
DAVIS - BACON REQUIREMENTS
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F09
DEBARMENT AND SUSPENSION
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of
subrecipient). If it is later determined that the Contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to (name of state agency serving as recipient and name of subrecipient),
the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Reference: 2 CFR part 180, 2 CFR part 3000
FEDERAL REQUIREMENTS: FR-F10
DHS SEAL, LOGO AND FLAGS
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017)
FEDERAL REQUIREMENTS: FR-F11
EQUAL EMPLOYMENT OPPORTUNITY
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F12
NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any
matter resulting from the contract.
Reference: FEMA requirement
FEDERAL REQUIREMENTS: FR-F13
PROCUREMENT OF RECOVERED MATERIALS
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless
the product cannot be acquired
(i) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Reference: 2 CFR § 200.322 and 40 CFR part 247
FEDERAL REQUIREMENTS: FR-F14
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED
ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
Reference: 31 U.S.C. Chap. 38
FEDERAL REQUIREMENTS: FR-F15
RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT
NOT APPLICABLE TO THIS CONTRACT