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HomeMy WebLinkAboutReports - 2023.09.21 - 40569 AGENDA ITEM: Amendment #1 to the Subrecipient Agreement with Catholic Charities Southeast Michigan DEPARTMENT: Health & Human Services MEETING: Board of Commissioners DATE: Thursday, September 21, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3309 Motion to approve the attached Amendment #1 to the Subrecipient Agreement with Catholic Charities Southeast Michigan and authorize the Board Chair to execute said agreement. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND Miscellaneous Resolution #22384 approved the 2023 COVID-19 Health Equity Regional Council Backbone Organization Grant in the amount of $300,000 through May 31, 2023. A portion of the grant award, in the amount of $11,500, will be used to reimburse La Casa Amiga at Catholic Charities Southeast Michigan for administrative support in screening and assisting residents with Social Determinates of Health needs, including planning and recruitment for focus groups. The Health Division drafted a Subrecipient Agreement for the period March 30, 2023 through May 30, 2023 with Catholic Charities Southeast Michigan which was approved by the Board on May 11, 2023 (#2023-2844). The Oakland County Health Division has drafted Amendment #1 to the La Casa Amiga at Catholic Charities Southeast Michigan subrecipient agreement for administrative support in screening and assisting residents with Social Determinates of Health needs, including planning and recruitment for focus groups which extends the end date from March 30, 2023 to September 30, 2023 and increases the funding amount from $11,500 to $24,000. Amendment #1 to the subrecipient agreement between Oakland County and Catholic Charities Southeast Michigan has completed the Grant Review Process in accordance with the Grants Policy. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Leigh-Anne Stafford, Director Health & Human Services-APP ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 9/21/2023 AGENDA DEADLINE: 09/21/2023 9:30 AM ATTACHMENTS 1. Grant Review Sign-Off 2. 1st Am Agreement CC (002) signed COMMITTEE TRACKING 2023-09-19 Public Health & Safety - Recommend to Board 2023-09-21 Full Board - Adopt Motioned by: Commissioner Charles Cavell Seconded by: Commissioner Yolanda Smith Charles Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: William Miller III, Gary McGillivray, Michael Gingell, Penny Luebs (4) Passed GRANT REVIEW SIGN-OFF – Health & Human Services / Health Division GRANT NAME: COVID-19 Health Equity Regional Council Backbone FUNDING AGENCY: Michigan Public Health Institute DEPARTMENT CONTACT: Stacey Smith 248-452-2151 STATUS: Grant Amendment (less than 15%) DATE: 09/05/2023 Original grant contract authorized by MR #22-384 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant amendment package (which should include this sign-off and the grant amendment with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant amendment by Board resolution. DEPARTMENT REVIEW Corporation Counsel: Approved – Heather Lewis (09/05/2023) [Amended subrecipient agreement with Catholic Charities Southeast Michigan] PROGRAM YEAR 2023 Regional Health Equity Council FIRST FIRST AMENDED SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND CATHOLIC CHARITIES SOUTHEAST MICHIGAN This Amendment to the Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") and Catholic Charities Southeast Michigan, ("Subrecipient). The County and Subrecipient shall be collectively referred to as the “Parties.” The County and Subrecipient agree and acknowledge that the purpose of this Amendment is to modify as provided herein and otherwise continue the present contractional relationship between the Parties as described in their current subrecipient agreement with the same title as above. In consideration of the extension of the mutual promises, representations, assurances, agreements, and provisions in the Subrecipient Agreement and this Amendment, the adequacy of which is hereby acknowledged by the Parties, the County and Subrecipient hereby agree to amend the current Subrecipient Agreement as follows: 1.0 The County and Subrecipient agree that any and all defined words or phrases in the current Subrecipient Agreement between the parties will apply equally to and throughout the amendment. 2.0 The Parties agree that any and all other terms and conditions set forth in the current Subrecipient Agreement between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as otherwise expressly provided for in this Amendment. 3.0 The purpose of this amendment is to: • Extend the subrecipient agreement from May 31, 2023, to September 30, 2023. • Provide subrecipient with Amendment No. 1 to the Subcontract Agreement between Michigan Public Health Institute and County of Oakland, Reference Number 22-OA-022035- 125-504200 (EXHIBIT A). The subrecipient must comply with all applicable terms of that Amendment. 3.1 The Contract Expiration Date is changed from May 30, 2023, to September 30, 2023. 3.2 The Not to Exceed (NTE) amount is increased by $12,500. The new NTE amount is $24,000. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in the Subrecipient Agreement and this Amendment, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the County, and Subrecipient and by doing so legally obligate and bind the County and Contractor to the terms and conditions of the Subrecipient Agreement and this Amendment. IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, and hereby accepts and binds the County to the terms and conditions of this Agreement. EXECUTED:___________________________________ DATE:______________________ David T. Woodward, Chairperson Oakland County Board of Commissioners IN WITNESS WHEREOF acknowledges that he/she has been authorized to sign this Agreement on behalf of the responsible governing board or official of the Subrecipient, and hereby accepts and binds the Subrecipient to the terms and conditions of this Agreement. EXECUTED: _____________________________ DATE: _______________________________ Printed Name: Title: 08/31/2023 Paul Propson Chief Executive Officer Reference Number: 22-OA-022035-125-504200 Page 1 of 17 Amendment No. 1 to the Subcontract Agreement Between Michigan Public Health Institute and County of Oakland, A Michigan Constitutional Corporation Oakland County Health Department I. Purpose The purpose of this amendment is to: extend this agreement from May 31, 2023, to September 30, 2023, update the work statement (Exhibit A), update the MPHI contact information in section 10. E.(Criminal Background Check) to Heather White, hwhite@mphi.org, and update the Federal Funds Special Provisions (Exhibit F). The new conditions and responsibility of the agreement are detailed in the attached Exhibit A. New Federal Funds Special Provisions are detailed in the attached Exhibit F. II. Special Certification The individual or officer signing this agreement certifies by his/her signature that he/she is authorized to sign this agreement on behalf of the responsible governing board, official, or contractor. MICHIGAN PUBLIC HEALTH INSTITUTE Date COUNTY OF OAKLAND A MICHIGAN CONSTITUTIONAL CORPORATION Date EXHIBIT A Reference Number: 22-OA-022035-125-504200 Page 2 of 17 EXHIBIT A WORK STATEMENT & PROGRESS REPORTS Contract Between Michigan Public Health Institute and County of Oakland, A Michigan Constitutional Corporation Oakland County Health Department Work Plan The services to be performed by the Subcontractor are as follows: The purpose of this project is to reduce and eliminate COVID-19 inequities in impacted and at- risk populations in each region serving one or more of the five racial and ethnic minority populations at increased risk of COVID-19 infection, complications, and death. In an effort to meet project goals, selected Grantees and their partners will apply a collective impact approach to develop Regional Health Equity Councils in regions highly impacted by COVID-19; develop and implement an action plan to improve health outcomes of the region; identify and engage community members and organization in council membership and activities; subcontract with community based organizations best situated to address community disparities; and support sustainable activities and development of a sustainability plan of activities. As backbone organizations, Grantees will subcontract funds as directed by the Health Equity Councils to the community-based partners best situated to address disparities and achieve equity. Project Objectives 1. Maintain and engage membership of Regional Health Equity Council comprised of community organizations actively engaged with Michigan’s five minority populations including Black/African Americans, Asian Americans, Pacific Islanders, Hispanic/Latinos, Arab/Chaldean Americans, and/or Native American/American Indians. 2. Assist the council in developing and implementing a detailed action plan to address and reduce community priority risk factors and needs related to COVID-19 and other root causes of health inequity in the region. 3. Develop and implement practices and policies to reduce health disparities and improve health outcomes. 4. Equitably and efficiently distribute resources to support affected communities and the community-based organizations best situated to meet their needs. 5. Develop a sustainability plan to maintain the Regional Health Equity Council’s work beyond the project period. 6. Provide financial, organizational, and other support to community organizations to participate on the Council and to implement activities. 7. Provide equitable compensation to community members who engage in this work outside Reference Number: 22-OA-022035-125-504200 Page 3 of 17 of paid employment. 8. Participate in efforts to disseminate lessons learned, share updates, and support collaboration across communities and to state-level stakeholders. 9. Communicate technical assistance, project management, or other support needed to MPHI and MDHHS. Subcontractor Activities Support and maintain membership for the established Regional Health Equity Council: o Identify membership gaps, as needed., Councils should focus on including non- traditional partners such as grassroots organizations that serve racial and ethnic populations adversely impacted by the COVID-19 pandemic; and o Adhere to the requirements for community member engagement on the Council. Each Council must include a minimum of three (3) community members; community members are defined as those that live within the region and are not employed by the backbone organization or partner organization. Community members on the Council must be equitably and appropriately compensated for their time, considering factors such as transportation and childcare needs. o Engage members and coordinate Council meetings and activities as needed. o Guide the Council in establishing goals, objectives, and action plans that prioritize reducing health disparities and improving health outcomes that impact minority populations in the region. Submit the following materials within 90 days of the established contract: o Updated workplan summarizing objectives, activities, and timeline. o Council Action Plan to include: Council-determined priorities, objectives, action items, timeline, and responsible parties. Track Council activities and progress toward goals and report to MPHI and MDHHS through monthly reporting and required check-ins. Attend and participate in all required meetings (project check-ins, quarterly learning collaborative meetings, cohort meetings, and training and technical assistance opportunities) with MPHI and other partners. Engage in a minimum of two technical assistance opportunities offered by MPHI and MDHHS. Support grant budget tracking and funding of Council activities in an equitable and efficient manner. Provide financial support to Council members or other community partners to complete elements of the workplan. Complete final reporting, evaluation activities, and planning for sustainability on behalf of the Council and backbone organization. Reference Number: 22-OA-022035-125-504200 Page 4 of 17 Develop and share Council success story and/or project highlights at final project meeting. General Subcontracting and Mini Grants Share all subcontracting agreements with MPHI and MDHHS for approval prior to execution. o Email copies of subcontracting agreements to Lindsey DeBoer Ldeboer@mphi.org) and Danuelle Calloway (callowayd2@michigan.gov) at least two weeks in advance of desired approval date. Fulfill backbone organization function of subcontracting with organizations selected by the Council to receive subrecipient awards/ mini grants. Develop and submit a Granting Plan (if issuing mini grants) to Lindsey DeBoer Ldeboer@mphi.org) and Danuelle Calloway (callowayd2@michigan.gov), to include the following: o Plan for dissemination of mini grant opportunity o Equitable application review and scoring process. Ensure that mini grant recipients accurately report on funded activities monthly. o Reporting must include required information from the Council’s REDCap monthly report. (See required reporting elements below) Monthly Reporting Complete and submit monthly report of all required activities for the Council and backbone organization through the completion of REDCap survey by the tenth of each month. Provide detailed information about: o Anticipated changes to staffing, budget, and workplan. o Monthly Council activities, successes, and challenges. o Populations served by Council activities: numbers and demographics. o Capacity building activities, trainings, and education provided and received. o Community outreach and education events conducted. o Data collection and quality improvements made internally and for partner organizations. o Improvements made to infrastructure internally and for partner organizations. o Subcontracts/mini grants. Council Requirements Recruit and engage at least two additional community members on the Council based on Council-identified representation gaps in racial and ethnic minority populations. Provide summary report of data collection efforts to include identified community needs, barriers to accessing existing services, current community assets, such as programs and resources. Reference Number: 22-OA-022035-125-504200 Page 5 of 17 Develop a Strategic Plan that includes actions to mitigate racial and ethnic disparities based on data collection efforts. MPHI Support Provide technical assistance and project oversight. Support backbone organizations in maintaining Councils. Assist MDHHS in developing learning collaborative content and other learning opportunities for backbone organizations. Provide support during office hours and check-ins. Reference Number: 22-OA-022035-125-504200 Page 6 of 17 EXHIBIT F SPECIAL PROVISIONS FOR WORK FUNDED BY FEDERAL DOLLARS 1. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY a) The recipient must - 1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and; 2) Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract. b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over 50,000 and will be performed outside the United States, including its outlying areas. c) The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 2. ADDITIONAL ACCESS TO RECIPIENT RECORDS a) In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations. b) The substance of this clause, including this paragraph (b), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. Reference Number: 22-OA-022035-125-504200 Page 7 of 17 3. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. Contractor acknowledges and agrees that Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (the “McCain Act”), and 2 C.F.R. §200.216, prohibit the obligation or expending of federal award funds on certain telecommunication products or with certain entities for national security reasons on or after August 13, 2020. During performance of this Contract, the Contractor agrees as follows: a)Definitions. As used in this Section 3. Prohibition on Contracting for Covered Telecommunications Equipment or Services (“Section 3”): 1)the terms “backhaul,” “critical technology,” “interconnection arrangements,” reasonable inquiry,” “roaming,” and “substantial or essential component” have the meanings defined in 48 CFR § 4.2101; 2)the term “covered foreign country” has the meanings defined in § 889(f)(2) of the McCain Act; and 3)the term “covered telecommunications equipment or services” has the meaning defined in § 889(f)(3) of the McCain Act. b) Prohibitions. 1)Unless an exception in paragraph (c) of this Section 3 applies, neither the Contractor nor any of its subcontractors may use funds received under this Contract to: i.Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii.Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii.Enter into, extend, or renew a contract with an entity that uses any covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv.(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. c) Exceptions. 1)This Section 3 does not prohibit Contractor from providing— i.A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ii.(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. d) Reporting requirement. 1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is Reference Number: 22-OA-022035-125-504200 Page 8 of 17 notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this Section 3 to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this Section 3: i.Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii.(ii) Within 10 business days of submitting the information in paragraph d)(2)(i) of this Section 3: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. e) Subcontracts. The Contractor shall insert the substance of this Section 3, including this paragraph (e), in all subcontracts and other contractual instruments. 4. DOMESTIC PREFERENCES FOR PROCUREMENTS. a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. b) For purposes of this section: 1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 5. BYRD ANTI-LOBBYING AMENDMENT. Reference Number: 22-OA-022035-125-504200 Page 9 of 17 Contractors shall file the required certification entitled Certification Regarding Lobbying attached below. 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 who in turn will forward the certification(s) to the awarding agency. 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable, and during performance of this Contract the Contractor agrees as follows: a)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 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. b) 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 $27 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. c)Withholding for unpaid wages and liquidated damages. The State 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. Reference Number: 22-OA-022035-125-504200 Page 10 of 17 d) 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. 7. EQUAL EMPLOYMENT OPPORTUNITY This Contract is not a “federally assisted construction contract” as defined in 41 CFR Part 60- 1.3. 8. DAVIS-BACON ACT (PREVAILING WAGE) This Contract is not a “federally assisted construction contract” as defined in 41 CFR Part 60- 1.3, nor is it a prime construction contract in excess of $2,000 where the Davis-Bacon Act applies. 9. COPELAND “ANTI-KICKBACK”ACT If this Contract is a contract for construction or repair work in excess of $2,000 where the Davis- Bacon Act applies, the Contractor must comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), which prohibits the Contractor and subrecipients from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled, and during performance of this Contract the Contractor agrees as follows: a)Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA or the applicable federal awarding agency may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and Subcontractor as provided in 29 C.F.R. § 5.12. 10. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Reference Number: 22-OA-022035-125-504200 Page 11 of 17 If this Contract is funded by a federal “funding agreement” as defined under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 11. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387), and during performance of this Contract the Contractor agrees as follows: 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 State and understands and agrees that the State will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding 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 or the applicable federal awarding agency. 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 State and understands and agrees that the State will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding 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 or the applicable federal awarding agency. 12. Debarment and Suspension A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government- wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by Reference Number: 22-OA-022035-125-504200 Page 12 of 17 agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 1) This Contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the Contractor is required to verify that none of the Contractor’s 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. Part 180, subpart C and 2 C.F.R. Part 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 the State. If it is later determined that the contractor did not comply with 2 C.F.R. Part. 180, subpart C and 2 C.F.R. Part. 3000, subpart C, in addition to remedies available to the State, 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. Part 180, subpart C and 2 C.F.R. Part 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. 13. PROCUREMENT OF RECOVERED MATERIALS Under 2 CFR 200.322, Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. a. 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. b. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 14. Affirmative Socioeconomic Steps For all contracts utilizing federal funding sources subject to Title 2 of the Code of Federal Regulations (C.F.R.) Part 200 issued on or after November 12, 2020, if subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)- 5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Reference Number: 22-OA-022035-125-504200 Page 13 of 17 15. Copyright and Data Rights Pursuant to 2 CFR § 200.315(b), the State may copyright any work which is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 16. ADDITIONAL FEMACONTRACT PROVISIONS. The following provisions apply to purchases that will be paid for in whole or in part with funds obtained from the Federal Emergency Management Agency (FEMA): a. Access to Records. The following access to records requirements apply to this contract: i. The Contractor agrees to provide the State, 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. ii. 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. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the State and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. b. Changes. See the provisions regarding modifications or change notice in the Contract Terms. c. 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. d. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. e. 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 State, Contractor, or any other party pertaining to any matter resulting from the Contract.” Reference Number: 22-OA-022035-125-504200 Page 14 of 17 f. Program Fraud and False or Fraudulent Statements or 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 Number: 22-OA-022035-125-504200 Page 15 of 17 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government- wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. a. 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’s 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). b. 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. c. This certification is a material representation of fact relied upon by the State. 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 the State, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. 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. Your signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. SIGNATURE – Official Authorized to Sign: Date Signed: Name: Title: Reference Number: 22-OA-022035-125-504200 Page 16 of 17 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. SIGNATURE – Official Authorized to Sign: Date Signed: Name: Title: Reference Number: 22-OA-022035-125-504200 Page 17 of 17