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HomeMy WebLinkAboutA - 24-20-ITB - Attachment B - Federal Clauses - FEMA Page 1 of 1 FEDERAL AWARD PROVISIONS: CONTRACT PROVISIONS FOR NON‐FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (FEDERAL PROGRAM REQUIREMENTS ‐ FEMA) In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the following provisions are required by the Federal Emergency Management Agency (“FEMA”) when federal funds are expended to make purchases from this solicitation by the City or for any contracts resulting from this procurement process. 1. ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and subcontractors shall give access to the City of Sebastian, the appropriate Federal agency, the Comptroller General of the United States, or any of their duly authorized representative to any books, documents, papers, and records of the vendor which is directly pertinent to this specific Bid for the purpose of making audit, examination, excerpts, and transcriptions. To the extent Contractor maintains information that is subject to a public record request, it shall provide the public access to such records in accordance with, and subject to the applicable statutory terms and fees. Failure to do so will be considered a material breach of the original Agreement resulting in immediate termination with no penalty to City of Sebastian, and Contractor will indemnify and hold the City of Sebastian harmless for any and all damages and expenses suffered as a result of the material breach and contract termination. 2. DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department of Homeland Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. 3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS: This is an acknowledgment that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives. 4. 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. 5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS: The Contractor acknowledges the 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.