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#15-6365 (CrowderGulf Joint Venture, Inc.)
Exhibit A: Original Posted REQUEST FOR PROPOSAL FEMA FUNDED Cofer COU ty Administiative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 15 -6365 Disaster Debris Management, Removal & Disposal Services Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (Fax) BrendaBrilhart @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 0 -4" -- Proaaerrerd3avlas t • 3327 Tanami Trail East • Naples, Fbdda 34112-0901 •2392528407 • www .oDiliergov.netlprocurementsewes Exhibit B: Revised REQUEST FOR PROPOSAL Coder County Admin¢sbative Services Department Procurenwrd Ser7tces Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 15 -6365 Disaster Debris Management, Removal & Disposal Services Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (Fax) BrendaBrilhart @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. R=nffwA8wa=D mm • 3327 Tarrcami Trail End • Naples, Florida 34112 -4901 •239 - 252-8407 - wr nv.aABrgov.nreUprocLrementservices A G R E E M E N T 15-6365 for Disaster Debris Management, Removal and Disposal Services 6 THIS AGREEMENT, made and entered into on this _I It day of 2019, by and between CrowderGulf Joint Venture, Inc., authorized to do business in the State of Florida, whose business address is 5435 Business Parkway, Theodore, Alabama 36582, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. TERM AND COMMENCEMENT. The Contractor shall be for five (5) years with an additional five (5) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on contract anniversary date, in writing, to the Procurement Services Director. Price adjustments are dependent upon budget availability and Program Manager's approval. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one- hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Disaster Debris Management, Removal and Disposal Services in accordance with the terms and conditions of RFP #15 -6365, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks, including if applicable, the aggregate of units actually ordered and furnished at the prices pursuant to the Rate Schedule attached hereto as Exhibit "A," as accepted and approved by the Page 1 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. County Project Manager or his designee. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85- 8015966531C -2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: CrowderGulf Joint Venture, Inc 5435 Business Parkway Theodore, Alabama 36582 Attention: John Ramsay, President & CEO Telephone: 800 - 992 -6207 / Facsimile: - 2-51 "t scl -7q 33 Email: jranisay, crowdergulf.conl All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239 - 252 -8407 / Facsimile: 239 - 252 -6480 Email: oaiiiiemarkiewicz«r %collier c y.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. GP 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned Page 3 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $5,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Insurance: is required for the Contractor. The Contract shall maintain Each Occurrence $2,000,000.00 Per Occurrence and: 1. Pollution and Remediation Liability Insurance including the cost of defense during the term of this Agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services / scope of work as outlined in this Agreement and shall include, but not be limited to Pollution Legal Liability (legal liability arising out of the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminates or pollutants into or upon land, the atmosphere or any watercourse or body of water including ground water at under or emanating from the project). Page 4 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. �;P 2. Remediation Legal Liability / Expense (expenses incurred for or in connection to the investigation, monitoring, removal, disposal, treatment or neutralization of a condition arising from the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminates or pollutants into or upon land, the atmosphere or any watercourse or body of water including ground water at under or emanating from the project, as well as the cost to repair or replace real, or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal, State, Local or Provincial laws, regulations or statutes or any subsequent amendments thereof). 3. Transportation Legal Liability/ Expense - Pollution Legal Liability or Remediation Legal Liability/ Expense arising out of the movement by the Contract of product or waste of the Owner to its final delivery point specified under this Agreement. E. Other Insurance Requirements: Watercraft - $ 2,000,000.00 Per Occurrence; Maritime Coverage (Jones Act)- $ 2,000,000.00 Per Occurrence; United States Longshoreman's and Harborworker's Act - $ 2,000,000.00 Per Occurrence; coverage shall be maintained where applicable to the completion of the work. F. Performance and Payment Bonds [Exhibit BI: May be required for projects in excess of $200,000, bonds shall be submitted by Contractor and written for 100% of the Contract award amount, the cost borne by the Contractor. The Performance and Payment Bonds (Exhibit B) shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Page 5 #15 -5365 "Disaster Debris Management, Removal and Disposal Services" CrowderGulf Joint Venture, Inc. Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Division. Page 6 #15 -5365 "Disaster Debris Management, Removal and Disposal Services" CrowderGulf Joint Venture, Inc. G� 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit "A" Rate Schedule, Exhibit "B" Performance and Payment Bonds, RFP #15 -6365 "Disaster Debris Removal Management, Removal and Disposal" Services Scope of Services, Addendum and Exhibit "C" Granting Agency Provisions. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) stated as follows: Page 7 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' � CrowderGulf Joint Venture, Inc. C,C� (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page 8 #15 -5365 "Disaster Debris Management, Removal and Disposal Services" CrowderGulf Joint Venture, Inc. C -P 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL/PROTECT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet dates set forth in the Project Schedule. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 9 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 10 #15 -5365 "Disaster Debris Management, Removal and Disposal Services" CrowderGulf Joint Venture, Inc. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: wsk,Wo,N rman's_ signature only. First Witne WEaLEY 'tAiLE TType /printt w/ itne/s%ss nameT Second Witness fyl T -A ChaUle►1 TType /print witness nameT prow d as to o an Legality: ri'C'Coun Attorney ;P5 Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 By: -4- j4, .e, Chairman iV4k ,o 7onvtA �q(q CrowderGulf Joint Venture, Inc. Contractor TType /print signature and titleT Page 11 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. b tip) Detail by Entity Name Page 1 of 2 satiVilittri OF UORPORATIOXS Piot& 7,*010 �����~0 by Entity Name ��~~=�°" °�� �� =" � °� Florida Profit Corporation CROWDER-GULF JOINT VENTURE, INC. Filing Information Document Number P02000095020 FEI/EIN Number 01'0826018 Date Filed 08/03/2002 State FL Status ACTIVE Principal Address 5435 BUSINESS PARKWAY THEODORE, AL 36582 Changed: 03/20/2007 Mailing Address 5435 BUSINESS PARKWAY THE[)DORE, AL 36582 Changed. 03/20/2007 Registered Agent Name &Address HALL, ERIC 927 GRAND RESERVE DRIVE DAVENPORT, FL 33837 Name Changed. O3/2O/2OO7 Address Changed. 03/2O/2OU7 Officer/Director Detail Name &Address Title MR RAK8SAY, JOHN PRES 5435 BUSINESS PARKWAY THEODORE, AL 36582 Title MS RAM SAY, ASHLEY VP http://ycurcb.nunbiz.org/|nquiry/Co,pora1ion8corcb/ScurchBeeu\1[)ctu |?ioquirvtvpe=Eckb... 10/30/2015 Detail by Entity Name Page 2 of 2 5435 BUSINESS PARKWAY THEODORE, AL 36582 Annual Reports Report Year Filed Date 2013 01/08/2013 2014 04/08/2014 2015 01/09/2015 Document Images 071/09/2015 -- ANNUAL REPORT View image in PDF format 04/08/2014 -- ANNUAL REPORT View image in PDF format 01/08/2013 --ANNUAL REPORT View image in PDF format 03/122'201:"-- ANNUAL REPORT View image in PDF format 04/12/2011 -- ANNUAL REPORT View image in PDF format 03/01/2010 ---ANNUAL REPORT View image in PDF format 04/15/2009 -- ANNUAL REPORT View image in PDF format 02/13/2003-- ANNUAL REPORT View image in PDF format 0320!200;;' -::.:..ANNUAL REPORT View image in PDF format 04/17/2003 - ANNUAL REPORT View image in PDF format 04/2912005 --ANNUAL REPORT View image in PDF format 04/30/2004 --ANNUAL REPORT View image in PDF format 03/07/200:3 --ANNUAL REPORT View image in PDF format 09/03/2002 -- Domestic Profit View image in PDF format copyric t r'Jai(`. Pekoes State of Honda,n.(`L1a,tme'f:i of Sf_a'te. http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/30/2015 No. 140 REVISED CERTIFICATE OF LIABILITY INSURANCE DATE(M 2015) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Point Clear Insurance Services LLC CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 368 Commercial Park Drive COMPANIES AFFORDING COVERAGE Fairhope,AL 36532-1910 COMPANY A THE GRAY INSURANCE COMPANY INSURED COMPANY B CrowderGulf Joint Venture, Inc. COMPANY 5435 Business Parkway C Theodore, AL 36582-1675 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE Unlimited X COMMERCIAL GENERAL PRODUCTS—COMP/OP AGG $3,000,000.00 LIABILITY A XSGL-074127 9/1/2014 9/1/2017 PERSONAL&ADV INJURY $1,000,000.00 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE any one fire) $50,000.00 MED EXP(Any one person) $5,000.00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000.00 X ANY AUTO BODILY INJURY X ALL OWNED AUTOS (Per person) _ SCHEDULED AUTOS BODILY INJURY A X HIRED AUTOS XSAL-075123 9/1/2014 9/1/2017 (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY—EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILTY EACH OCCURRENCE $4,000,000.00 UMBRELLA FORM GXS 043072 9/1/2015 9/1/2016 AGGREGATE $4,000,000.00 A X OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND X I WC STATU- I 1 0TH l TORY LIMITS I ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000.00 A THE PROPREITOR/ GWC-070843-FL2 9/1/2015 9/1/2016 EL DISEASE—POLICY LIMIT $1,000,000.00 PARTNERS/EXECUTIVE X INCL EL DISEASE—EA EMPLOYEE $1,000,000.00 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS The certificate holder is an additional insured on all policies except Workers'Compensation and is provided a Waiver of Subrogation,all if required by written contract. The above insurance policies shall be primary and noncontributory to any other insurance policies maintained by the certificate holder,if required by written contract. Re: Disaster Debris Management,Removal and Disposal Services CERTIFICATE HOLDER CANCELLATION In the event of cancellation by The Gray Insurance Company and if required by written Collier County Government contract,30 days written notice will be given to the Certificate Holder. 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112 ,1640fr, GCF 00 50 01 01 12 T GRAY INSURANCE COMPANY Louisiana certificate form: LDI COI 280990 01 12 • CERTIFICATE OF INSURANCE Page 2 THE GRAY INSURANCE COMPANY The below coverages apply if the corresponding policy number is indicated on the previous page. A. Commercial General Liability General Liability Policy Includes: Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured (CGL Form#CG 20 10 11 85)when required by written contract. Primary Insurance Wording Included when required by written contract. Broad Form Property Damage Liability including Explosion, Collapse and Underground (XCU). Premises/Operations Products/Completed Operations Contractual Liability Sudden and Accidental Pollution Liability Occurrence Form Personal Injury "In Rem" Endorsement Cross Liability Severability of Interests Provision "Action Over" Claims Independent Contractors coverage for work sublet Vessel Liability-Watercraft exclusion has been modified by the vessels endorsement on scheduled equipment. General Aggregate applies per project or equivalent. B. Automobile Liability Policy Includes: Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured when required by written contract. C. Workers Compensation Policy Includes: Blanket Waiver of Subrogation when required by written contract. U.S. Longshoremen's and Harbor Workers Compensation Act Coverage Outer Continental Shelf Land Act Jones Act (including Transportation, Wages, Maintenance, and Cure), Death on the High Seas Act& General Maritime Law. Maritime Employers Liability Limit: $1,000,000 Voluntary Compensation Endorsement Other States Insurance Alternate Employer/Borrowed Servant Endorsement "In Rem" Endorsement Gulf of Mexico Territorial Extension D. Excess Liability Policy Includes: Coverage is excess of the Auto Liability, General Liability, Employers Liability, & Maritime Employers Liability policies Blanket Waiver of Subrogation when required by written contract. Blanket Additional Insured when required by written contract. GCF 00 50 01 01 12 ADDENDUM ATTACHMENT TO CERTIFICATE OF INSURANCE No. 140 REVISED INSURED: CrowderGulf Joint Venture,Inc. Collier County Government and Collier County Board of County Commissioners are additional insured on all policies except Workers' Compensation, if required by written contract. Date: 11/16/15 dd ACORD ,w„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/19/2015 PRODUCER (251) 990-9050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Point Clear Insurance Services LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 368 Commercial Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fairhope AL 36532- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:XL Specialty Ins. INSURER B:Navigators CrowderGulf Joint Venture, LLC INSURER C: 5435 Business Parkway INSURER D: Theodore AL 36582- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY)N LIMITS GENERAL LIABILITY / / / / EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS MADE OCCUR / / / / MED EXP(Any one person) $ PERSONAL&ADV INJURY $ / / / / GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY I—)JECOT n LOC / / / / AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO _ ALL OWNED AUTOS / / / / BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS / / / / BODILY INJURY (Per accident) $ NON-OWNED AUTOS / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY UM00026540MA15A 09/01/2015 09/01/2016 EACH OCCURRENCE $ 11,000,000 X I OCCUR CLAIMS MADE AGGREGATE $ 11,000,000 $ B DEDUCTIBLE UM00026540MA15A 09/01/2015 09/01/2016 $ RETENTION $ $ WORKERS COMPENSATION AND / / / / I Tour a as I I ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? / / / / E.L.DISEASE-EA EMPLOYEE$ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER / / / / / / / / / / / / DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Following Form CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Collier County Government FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 3327 Tamiami Trail East INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i..0 _ : Naples FL 34112- �` r (j9 � ACORD 25(2001/08) C ACORD CORPORATION 1988 INS025(0108).06 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) INS025(0108).06 AMS Page 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/19/2015 PRODUCER (251) 990-9050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Point Clear Insurance Services LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 368 Commercial Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fairhope AL 36532- INSURERS AFFORDING COVERAGE _ NAIC# INSURED INSURER A:Rockhill Ins. Co. CrowderGulf Joint Venture Inc. INSURER B: 5435 Business Parkway INSURER C: INSURER D: Theodore AL 36582- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYE PDATE(MM/DD/YY) LIMITS LTR INSRD Y) ( GENERAL LIABILITY / / / / EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea oc,currence) $ CLAIMS MADE OCCUR / / / / MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ / / / / GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ riI POLICY I I PR LOC / / / / NOWND AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS / / / / BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS / / / / BODILY INJURY $ NON-OWNED AUTOS (Per accident) / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ _ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE _$ I OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE / / / / $ RETENTION $ $ WORKERS COMPENSATION AND / / / / TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? / / / / E.L DISEASE-EA EMPLOYEE$ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHER Pollution Coverage RCPLE004702-00 06/22/2015 06/22/2016 General Aggregate 1,000,000 / / / / Cont.Poll Cond limit 1,000,000 / / / / Policy Aggregate 1,000,000 — DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Disaster Debris Management, Removal and Disposal Services CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Collier County Government FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 3327 Tamiam]. Trail East INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '^//. Naples FL 34112- (T/� ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(0108).06 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) INS025(0108).06 AMS Page 2 of 2 Exhibit A - Rate Schedule (following this page) Page 12 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. F TAB VI1 PRICE PROPOSAL RFP 15 -6365 Disaster Debris Management Removal and Disposal Services 7S) Position Hourly Rate 1 Project Manager $ 60.00 2 Superintendent with Cell /Truck $ 54.00 3 Foreman with Cell /Truck $ 48.00 4 Supervisor "with Cell/Truck $ 54.00 5 Inspector with Check /Vehicle $ 32.00 6 Health /Safety or QC Manager with Truck $ 55.00 7 Safety Superintendent $ 54.00 8 Mechanic with Truck & Tools $ 32.00 9 Climber with Gear $ 90.00 10 Labor /Operator with Chainsaw /Tools $ 32.00 11 Laborer with Tools $ 28.00 12 Traffic Control Personnel $ 28.00 13 Ticket Writers $ 35.00 14 Survey Personnel with Vehicle $ 30.00 15 Project Engineer $ 70.00 16 Equipment Operator $ 40.00 17 Truck Driver $ 35.00 18 Security Person (UNARMED) $ 55.00 19 Security Person (ARMED) $ 75.00 20 Administrative Assistant $ 45.00 21 Clerical $ 35.00 Total $ 987.00 7S) 2015 CrowderGulf Joint Venture Inc. Pricing for Collier County, FL EMERGENCY DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE i. Right of Way (ROTA!) clearing and /or removing debris from the public right -of -way, streets and roads 1.1 Load and haul vegetative debris to a Debris Management Site (DMS). $ 7.50 per cubic yard for 0 -5 miles, one -way haul $ 8.00 per cubic yard for 5.1 -10 miles, one -way haul $ 5.50 per cubic yard for 10.1 -15 miles, one way haul $ 9.00 per cubic yard for 15.1 -30 miles, one way haul $ 9.50 per cubic yard for 30.1 -60 miles, one way haul 1.2 Load and haul Construction and Demolition (C&D) and mixed debris to a DMS: $ 7.50 per cubic yard for 0 -5 miles, one -way haul $ 8.40 per cubis yard for 5.1 -10 miles, one -way haul $ 8.50 per cubic yard for 10.1 -15 miles, one way haul $ 9.00 per cubic yard for 15.1 -30 miles, one way haul $ 9.50 per cubic yard for 30.1 -60 miles, one way haul 1.3 Load and Haul C&D and Mixed Debris directly to final disposal: $ 8.00 per cubic yard For 0 -5 miles, one -way haul $ 8.50 per cubis yard for 5.1 -10 miles, one -way haul $ 9.00 per cubic yard for 10.1 -15 miles, one way haul 9.50 per cubic yard for 15.1 -30 miles, one way haul $ 10.00 per cubic yard for 30.1 -60 miles, one way haul 2. Management and operation of DMS to accept, process, and reduce disaster related debris 2.1 Cost associated with managing, accepting, processing, and reducing vegetative debris through grinding: $ 2,75 per cubic yard 2.2 Cost associated with managing, accepting, processing, and reducing vegetative debris through burning: $ t80 per cubic yard 2.3 Cost associated with managing, accepting, processing, and reducing construction and demolition debris through compaction- s 2.50 per cubic yard DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (cont'd) 2.4 Haul out residual debris to final disposal $ 3.80 per cubic yard for 0 -15 miles, one -way haul $ 4.50 per cubic yard for 15.1 -30 miles, one -way haul $ 5.50 per cubic yard for 30.1 -60 miles, one -way haul 3. Right -of -Way (ROW) stumps: Removal and Disposal of hazardous stumps from the ROW 24" diameter and up, but less than 36" diameter: $ 175,00 each 36" diameter and up, but less than 48" diameter: $ 250.00 each 48" diameter and up, but less than 72" diameter: $ 400.00 each Equal to or greater than 72" diameter: $ 600,00 each Removal of non - hazardous stumps from the ROW placed by others (as per FEMA/FHWA Stump Conversion Table): $ 9•00 cubic yard 4. Right of Way (ROW) cutting partially uprooted or split trees (Leaners). Failing partially uprooted or split trees from the ROW or the overhanging portion of the ROW and placing the debris In the ROW for removal as ROW debris 4.1 Partially uprooted leaner (prig is inclusive of excavating the root ball and placing it in the ROW) * Less than 24 ": $ 75.00 per tree * 24 — 36 "; $ 120.00 per tree • Greater than 36 ": $ 200.00 per tree • Diameter of tree at 2 feet from base S. Right of Way (ROW) removal of dangerous hanging limbs (Hangers). Removing hanging or partially broken limbs from trees in the ROW or limbs hanging over the ROW and placing the debris in the ROW for removal as ROW debris $ 90.00 per tree 6. Private Property Debris Removal (PPDR). 6.1 Load and Haul vegetative debris to a Debris Management Site (DMS): $ 8.00 per cubic yard for 0 -5 miles, one -way haul $ 8.50 per cubic yard for 5.1 -10 miles, one -way haul $ 9.00 per cubic yard for 10.1 -15 miles, one way haul $ 9.50 per cubic yard for 15.1 -30 miles, one way haul $ 10.00 per cubic yard for 30.1 -60 miles, one way haul DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (conYd) 6. Private Property Debris Removal (PPDR) (cont'd): 6.2 Load and Haul Construction and Demolition (C&D) debris to a DMS $ 7.50 per cubic yard for 0 -5 miles, one -way haul $ 8,00- per cubis yard for 5.1 -10 miles, one -way haul $ 8.50 per cubic yard for 10.1 -15 miles, one way haul $ 9.00 per cubic yard for 15.1 -30 miles, one way haul $ 9.50 per cubic yard for 30.1 -60 miles, one way haul 6.3 Load and Haul C&D directly to final disposal $ 8.00 per cubic yard for 0 -5 miles, one -way haul $ 8.50 per cubis yard for 5.1 -10 miles, one -way haul $ 9.00 per cubic yard for 10.1 -15 miles, one way haul $ 9.50 per cubic yard for 15.1 -30 miles, one way haul $ 10•00 per cubic yard for 30.1 -60 miles, one way haul 6.4 The cost associated with the removal of PPDR hazardous stumps will be invoiced utilizing the following categories: 24" diameter and up, but less than 36" diameter: $ 225.00 each 36" diameter and up, but less than 48" diameter: $ 300.00 each 46" diameter and up, but less than 72" diameter: $ 400.00 each Equal to or greater than 72" diameter: $ 600.00 each Uprooted or Split Trees (Leaners) $ 250.00 each 6.5 Failing partially uprooted or split trees from private property or the overhanging portion of the private property and placing the debris on the property or the ROW debris for haul off as PPOR debris: *Less than 24 ": $ 90.00 per tree *24" - 36 ": $ 1 40.00 per tree *Greater than 36 ": $ 200.00 per tree ° Diameter of tree at 2 feet from base 6.6 Removal of dangerous hanging limbs (Hangers) Removing hanging or partially broken limbs from trees in ROE or limbs hanging over the ROE and placing the debris on the private property or In the ROW for haul -off as PPDR debris. a 90.00 per tree DEEMS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (cont -d) 7. Canal silt removal and disposal: 7.1 Marine based removal (one -way hauling): 0 - 5 miles: $ 40.00 per cubic yard 5.1 - 10 miles: $ 42.00 per cubic yard 10.1 miles and greater: $ 45.00 per cubic yard 7.2 Land based removal (one -way hauling): $ 165.00 0 - 5 miles: $ 20.00 per cubic yard 5,1 - 10 miles: $ 22.00 per cubic yard 10.1 miles and greater: $ 25.00 per cubic yard each S. Drainage ditches silt and debris removal: Ditch width 0 - 4.0 feet: $ 4.00 per linear foot Ditch width 4.1- 8.0 feet: $ 6.00 per linear foot Ditch width 8.1- 12.0 feet: $ 8.00 per linear foot Ditch width 12.1 - 16.0 feet: $ 10,00 per linear foot Ditch width 16.1 - 20.0 feet: $ 12.00 per linear foot Ditch width 20.1 feet or greater: $ 15.00 per linear foot Debris to be placed on the ROW for collection as regular debris, Silt to be hauled and disposed of at $ 16.00 per cubic yard 9. Cleaning and clearing of storm drain lines: Drain Line Diameter 0 - 15,0 Inches: $ 4,50 per linear foot Drain Line Diameter 15.01 - 36 inches: $ 5.75 per linear foot Debris to be placed on the ROW for collection as regular debris. Silt to be hauled and disposed of at $ 9.00 per cubic yard 10. Cleaning and clearing of catch basins and inlets: 4' X 4': $ 165.00 each 8' X 8': $ 300.00 each 10' X 10', $ 500.00 each 20'X 20': $ 950.00 each D_ DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (cont'd) 11. Sand collection (Public Property) and screening rate $ 8.50 per cubic yard for 0 -15 miles, one -way hauling $ 9.00 per cubis yard for 15.1 -30 miles, one -way hauling $ 9.50 per cubic yard for 30,1 -60 miles, one -way hauling 12. Eackfill Supply and placement of dean fill dirt into holes created by stump removal in the ROW, $ 18.00 per cubic yard 13. Removal and destruction of carcass $ 1.00 per pound 14. Loading and hauling of white goods $ 40.00 per unit 15, Removal and disposal of freon $ 35.00 per unit 16. Demolition of City -owned structures 16,1 Structure demolition with construction and demolition debris loaded at the designated work zone and hauled to an approved commercial landfill. Successful Proposer shall disconnect and cap the sewer and water line and coordinate all required disconnects by private utility companies. Search safely accessible structures, including garages and detached outbuildings, and remove all white goods, a -waste and household hazardous waste for ROW collection. Does not include removal of concrete slabs. 0 - 5 miles, one -way hauling: $ 14.00 per cubic yard 5.1 - 10 miles, one -way hauling: $ 15.00 per cubic yard 10.1 miles and greater, one -way hauling: $ 16.00 per cubic yard 16.2 Structure demolition with RACM construction and demolition debris loaded at the designated work zone and hauled to an approved Type I/II landfill. Successful Proposer shall disconnect and cap the sewer and water line and coordinate all required disconnects by private utility companies. Search safety accessible structures, including garages and detached outbuildings, and remove all white goods, a -waste and household hazardous waste for ROW collection. Does not include removal of concrete slabs. 0 - 5 miles, one -way hauling: $ 16.00 per cubic yard 5,1 - 10 miles, one -way hauling: $ 17.00 per cubic yard 10.1 miles and greater, one -way hauling: $ 18.00 per cubic yard DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (cont'd) 17. Concrete removal 17.1 Successful Proposer to load and haul broken concrete from the ROW and dispose at a City approved site: 0 - S miles, one -way hauling: $ 10.00 per cubic yard 5.1 - 10 miles, one -way hauling; $ 11,00 per cubic yard 10.1 miles and greater, one -way hauling: $ 1100 per cubic yard 17.2 Successful Proposer to demolish concrete slabs and haul and dispose at a City approved site: 0 - 5 miles, one -way hauling: $ 10.00 per cubic yard 5.1 - 10 miles, one -way hauling: $ 11.00 per cubic yard 10.1 miles and greater, one -way hauling: $ 12.00 per cubic yard 18. Creosote timber piling removal and disposal 0 - 15 miles, one -way hauling. $ 10.00 per cubic yard 15.1 - 30 miles, one -way hauling: $ 11.00 per cubic yard 30.1 miles and greater, one -way hauling: $ 12.00 per cubic yard 19. E -Waste Successful Proposer to collect from ROW and dispose at an City approved site: $ 40.00 per unit 20. Household hazardous waste Successful Proposer to collect from ROW and dispose at an City approved site: $ 5.00 per pound 21. Tire removal Tire Removal and disposal or Recycle $ 6.00 each �9 G DEBRIS MANAGEMENT AND DISASTER RECOVERY PRICING SCHEDULE (cont'd) A) 20kw Generator: $ 3,227 Per month / $ 1,200 Per week / B) 56kw Generator: $ 5,056 per month / $ 1,746 per week / C) 100kw Generator: $ 6,510 Per month / $ 2,156 Per week / D) 175kw Generator: $ 8,192 per month / $ 2,810 Per week / E) 240kw Generator: $10,348 Per month / $ 3,846 per week / F) 320kw Generator: $11,538 Per month / $ 4,210 Per Week / G) 50 ®kw Generator: $19,720 per month / $ 6,656 per week / H) 1000kw Generator: $34,290 per month / $13,250 per week / 23. Stadi um ale tight tower $ 1,824.00 per month/ $ 972.00 Per week Shipping, setting, operation, maintenance, fueling, insurance, security and recovery of generators and lights shall be invoiced at actual cost plus 20.O0 % mark up. 24. National Incident Management System (NIMS) training $ 60.00 per person /per year minimum of 20 students per class 25n Assifftznce in development of a debris management plan $ 2,500.00 per year .s, r i he asst associated with emergency road clearance will be billed at the following hourly rates: y 1 O CrowderGuif Additional Ancillary Pricing PUMPS QTY Description Daily Rate Weekly Rate 2" x 2" Diesel Pump $124.88 $720.00 3" x 3" Diesel Pump $450.00 $1,323.75 4" Diesel Pump $225.00 $750.00 6" Diesel Pump $450,00 $1,300.00 8" Diesel Pump $637.50 $1,645.31 10" Diesel Pump $637.50 $1,873.13 12" Diesel Pump $825.00 $2,20219 16" Diesel Pump $2,160.00 $6,500.00 18" Diesel Pump Dsl Flg w /QD $1,417,50 $9,720.00 24" Diesel Pump $2,835.00 $12,920.00 2" Suction Discharge Hose 50' Section $11.25 $87.50 3" Suction Discharge Hose 50' Section $10.13 $65.00 4" Suction Discharge Hose 50' Section $20,00 $85.00 6" Suction Discharge Hose 50' Section $30.00 $115.00 8" Suction Discharge Hose 50' Section $76.50 $229.50 10" Suction Discharge Hose 50' Section $11813 $354.38 12" Suction Discharge Hose 50' Section $123.75 $371.25 6" Vacuum Assist Pump $787.50 $1,96835 12" Vacuum Assist Pump $1,072.50 $2,68115 3 Inch Submersible Hydraulic Pump $194.63 $583.88 4 Inch Submersible Hydraulic Pump $230.63 $1,000.00 6 Inch Submersible Hydraulic Pump $325.13 $1,350.00 8 Inch Submersible Hydraulic Pump $459.00 $1,800.00 12 Inch Submersible Hydraulic Pump $1,069.88 $3,209.63 8" Bauer Pipe, 10' section $12.50 $42.00 12" Bauer Pipe, 10' section $12.50 $42.00 4" Strainers/ T- Joints! Elbows $15.00 $37.50 6" Strainers/ T- Joints/ Elbows $20.00 $50:00 8" Strainers/ T- Joints/ Elbows $25.00 $62.50 3" Sub - Dewater Shp 460v $100.00 $267.50 4" Sub - Dewater 10hp 460v $112.50 $301.25 6" Sub - Dewater 35hp 460v $180.00 $481.25 8" Sub - Dewater 95hp 460v $390.00 $1,043.75 4" Sub - Trash 20hp 460v $125.00 $335.00 6" Sub - Trash 40hp 460v $180.00 $481.25 8" Sub - Trash 70hp 460v $390.00 $1,043.75 3" Suction Hose - 20' $17.50 $43.75 4" Suction Hose - 20' $22.50 $56.25 6" Suction Hose - 20' $22.50 $56.25 8" Suction Hose -20' $50,00 $125.00 10" Suction Hose - 20' $75.00 $187.00 12" Suction Hose -10' $50.00 $125,00 12" Discharge Pipe -10' $12.50 $31.25 6" to 18" Pipe Fusion Machine $437.50 $3,062.50 12" to 36" Track Mounted Fusion Machine $1,500.001 $10,500.00 2011 Page 5 of 9 O CrowderGuif Additional Ancillary Pricing ENVIRONMENTAL QTY Description Daily Rate Weekly Rate 5 - Ton Air Conditioner Unit $325.00 $1,062.50 10 - Ton Air Conditioner Unit $500.00 $1,300.00 15 - Ton Air Conditioner Unit $937.50 $1,780.00 20 - Ton Air Conditioner Unit $936.25 $1,872.50 25 - Ton Air Conditioner Unit $1,002.50 $2,006.25 30 - Ton Air Conditioner Unit $1,250.00 $2,500.00 40 - Ton Air Conditioner Unit $1,203.75 $4,000,00 50 - Ton Air Conditioner Unit $2,125.00 $6,796.25 60 Ton Airconitioner Unit $2,125.00 $4,900.00 75 - Ton Air Conditioner Unit $2,343.75 $7,000.00 80 - Ton Air Conditioner Unit $2,437.50 $8,000.00 40 Ton Air Cooled Chiller Units $1,531.25 $2,150.00 50 Ton Air Cooled Chiller Units $1,843.75 $2,146,88 60 Ton Air Cooled Chiller Units $1,84175 $2,630.00 75 Ton Air Cooled Chiller Units $2,218.75 $2,337.50 100 Ton Air Cooled Chiller Units $2,21835 $3,502.50 125 Ton Air Cooled Chiller Units $2,625.00 $4,057.50 150 Ton Air Cooled Chiller Units $3,250.00 $4,907.50 170 Ton Air Cooled Chiller Units $3,875.00 $5,248.75 200 Ton Air Cooled Chiller Units $4,250.00 $6,030.00 50 Ton Air Handler $531.25 $813.68 100 Ton Air Handler $1,000.00 $2,500.00 120 Ton Air Handler $812.50 $1,900.00 20 kW Heater Unit $218.75 $850,00 40 kW Heater Unit $157,50 $920.00 100 kW Heater Unit $781.25 $1,300.00 150 kW Heater Unit $937.50 $1,853.75 150 kW High Temperature Heater Unit $1,062.50 $1,897.50 1125 CFM Desiccant Dehumidifier $1,231.25 $3,500.00 2250 CFM Desiccant Dehumidifier $1,000.00 $7,000.00 4500 CFM Desiccant Dehumidifier $1,500.00 $10,500.00 15000 CFM Desiccant Dehumidifier $3,000.00 $24,000.00 Insulated Ductwork $93.75 $112.50 100 GPM Pump $150.00 $720.00 200 GPM Pump $187.50 $720.00 300 GPM Pump $237.50 $720.00 400 GPM Pump $281.25 $720.00 500 GPM Pump $287.50 $720.00 750 GPM Pump $406.25 $1,500.00 800 GPM Pump $437.50 $1,500.00 1000 GPM Pump $562.50 $1,500.00 1200 GPM Pump $812.50 $1,125.00 1500 GPM Pump $875.00 $1,645.31 2000 GPM Pump $1,093.75 $1,645.31 3000 GPM Pump $2,250.00 $2,201.25 2011 Page 6 of 9 �� CrowderGulf Additional Ancillary Pricing CIVIL AFFAIRS CITY Description Daily Rate Weekly Rate Portable Storage Containers $131.25 $140.00 Portable Storage Containers $131.25 $281.25 Tent, 20' x 20' $286.00 $429.00 Tent, 40' x 40' $1,351.63 $1,950.00 Tent, 10'x 10' Pop -Up $151.25 $226.88 Tent, 10' x 15' Pop -Up $242.00 $357.50 Chairs - folding $3.75 $7.50 6' `able -folding $7.50 $18.75 8' Table - folding $10.00 $25.00 50' Strang Lighting $12.50 $89.70 100' String Lighting $25.00 $171.35 Power Distro Spider Boxes $52.50 $150.00 24" portable fans on stands $63.75 $155.00 48" 2 -speed warehouse fan $62.50 $155.00 Tents - 60'x 100'x T; Seats 500 $4,093.75 $5,847.50 Tents - 30'x 90'x T; Sleeps 125 $1,375.00 $2,096.88 Tents - 30'x 60'x T; Steeps 100 $993.75 $1,456.25 HeaterMeals Self- Heating Entrees Pallet Pricing Per Case 50 Twelve Count Cases/ 1- Pallet $2,880.00 $65.83 100 Twelve Count Cases/ 2- Pallets $51,770.00 $63.09 200 Twelve Count Cases/ 3- Pallets $10,560.00 $60.34 350 Twelve Count Cases / 5- Pallets $17,010.00 $55.54 60C Twelve Count Cases/ 9- Pallets $29,160.00 $55.54 12CO Twelve Count Cases/ 17- Pallets $58,320.00 $55.54 1500 Twelve Count Cases/ 22- Pallets $72,900.00 $55.54 HeaterMeals Plus Full Course Meal Kits Pallet Pricing Per Case 50 Twelve Count Cases/ 1- Pallet $4,680.00 $106.97 10C Twelve Count Cases/ 2- Pallets $9,135.00 $104.40 200 Twelve Count Cases/ 4- Pallets $18,270.00 $104.40 350 Twelve Count Cases / 7- Pallets $310,792.50 $101.49 600 Twelve Count Cases/ 12- Pallets $53,280.00 $101.49 1200 Twelve Count Cases / 24- Pallets $106,560.00 $101.49 1500 Twelve Count Cases/ 30- Pallets $133,200.00 $101.49 HeaterMeals EX Self - Heating Entrees Pallet Pricing Per Case 50 Twelve Count Cases/ 1- Pallet $3,564.00 $67.89 100 Twelve Count Cases/ 2- Pallets $5,700.00 $64.14 200 Twelve Count Cases / 3- Pallets $10,380.00 $59.31 350 Twelve Count Cases/ 6- Pallets $17,535.00 $57.26 600 Twelve Count Cases/ 10- Pallets $30,060.00 $57.26 1200 Twelve Count Cases/ 20- Pallets $60,120,00 $57.26 1500 Twelve Count Casesl 25- Pallets $75,150,00 $57.26 2011 Page 7 of 9 9 CrowderGu(f Additional Ancillary Pricing 2011 Page 8 of 9 CAO Heater Meals 3 Full Course Meal Kits Pallet Pricing Per Case 50 Twelve Count Cases / 1- Pallet $3,367.50 $76.97 100 Twelve Count Cases/ 2- Pallets $6,525.00 $74.57 200 Twelve Count Cases/ 4- Pallets $13,050.00 $74.57 350 Twelve Count Cases/ 7- Pallets $22,260.00 $72.69 600 Twelve Count Cases/ 12- Pallets $38,160.00 $72.69 1200 Twelve Count Cases/ 24- Pallets $73,800.00 $70.29 1500 Twelve Count Csasel 30- Pallets $92,250.00 $70.29 Cafe2Go Self- Heating Bevarage Kits Pallet Pricing Per Case 18 Six Count Cases/ 1- Pallet $2,284.20 $145.03 36 Six Count Cases/ 2- Pallets $4,325.40 $137.31 54 Six Count Cases' 3- Pallets $6,070.95 $128.49 350 Six Count Cases/ 10- Pallets $39,348.75 $128.49 600 Six Count Cases/ 17- Pallets $67,455.00 $128.49 1200 Six Count Cases/ 34- Pallets $134,910.00 $128.49 1500 Six Count Cases/ 42- Pallets $168,637.50 $128.49 ICE 8 Ibs Bags Ice 8 Ib Bag 1- 600,000 - $3.00 BOTTLED WATER 16oz 24 Pack 1-100,000 00,000 - $7.75 100,001- 300,00 - $8.25 30C!,001- 475,000 - $8.75 475;001- 850,000 - $9.38 850,001 - 1,700,000 - $10,31 QTY Type 1(1000) Person Portalet Package Daily Rate Weekly Rate 100 Standard Restrooms $8,125,00 $56,875.00 4 Wheelchair Accessible $675.00 $4,725.00 30 Station Sink $4,687.50 $32,812.50 100 Restroom Delivery Fees $3,125.00 $21,875.00 5% Fuel Surcharge + Tax - - Type II (750) Person Portalet Package Daily Rate Weekly Rate 75 Standard Restrooms $6,093.75 $42,656.25 4 Wheelchair Accessible $675.00 $4,725,00 22 Station Sinks $3,437.50 $24,062.50 75 Restroom Delivery Fees $2,343.75 $16,406.25 5% Fuel Surcharge + Tax - - Type III (500) Person Portalet Package Daily Rate Weekly Rate 50 Standard Restrooms $4,062.50 $28,437.50 2 Wheel Chair Accessible $337.50 $2,362.50 15 Station Sinks $2,34175 $16,40615 50 Restroom Delivery Fees $1,562.50 $10,937.50 5% Fuel Surcharge + Tax - - 2011 Page 8 of 9 CAO CrowderGulf Additional Ancillary Pricing 2011 Page 9 of 9 G Type IV (250) Person Portalet Package Daily Rate Weekly Rate 25 Standard Restrooms $2,031.25 $14,218.75 1 Wheel Chair Accessible $168.75 $1,181.25 7 Station Sinks $1,093.75 $7,656.25 25 Restroom Delivery Fees $781.25 $5,468.75 5% Fuel Surcharge + Tax - - Type V (100) Person Portalet Package Daily Rate Weekly Rate 10 Standard Restrooms $812.50 $5,687.50 1 Wheel Chair Accessible $168.75 $1,181.25 7 Station Sinks $1,093.75 $7,656.25 10 Restroom Delivery Fees $312.50 $2,187.50 5% Fuel Surcharge + Tax - - NIMS TYPE III Comfort Stations (500 Person) Mob /Demob Daily Staging Cost 25 Comfort Stations $27,000.00 $11,250.00 40 Comfort Stations $36,000.00 $18,000.00 50 Comfort Stations $45,000.00 $22,500.00 60 Comfort Stations 1 $54,000,001 $27,000.00 BASE CAMPS CITY Description MoblDemob Weekly NIMS TYPE 11000 Person Base Camp $917,000.00 $1,332,91100 NIMS TYPE 11 750 Person Base Camp $853,000.00 $1,081,420.00 NIMS TYPE 111 500 Person Base Camp $631,000.00 $740,735.00 NIMS TYPE IV 250 Person Base Camp $513,000.00 $474,65625 KITCHEN SERVICES: Mob/Demob Weekly NIMS TYPE 11000 Person Kitchen/ Meals $293,000.00 $431,412.50 NIMS TYPE 11 750 Person Kitchen/ Meals $287,100.00 $372,510.00 NIMS TYPE 111 500 Person Kitchen/ Meals $211,300.00 $264,373.75 NIMS TYPE IV 250 Person Kitchen/ Meals $181,000.00 $179,130.00 SHOWER SERVICES: Mob/Demob Weekly NIMS TYPE 11000 Person Showers $63,000.00 $160,24875 NIMS TYPE 11 750 Person Showers $49,500.00 $138,647.50 NIMS TYPE 111 500 Person Showers $38,000.00 $82,513,75 NIMS TYPE IV 250 Person Showers $35,000.00 $60,912.50 LAUNDRY SERVICES: Mob/Demob Weekly NIMS TYPE 11000 Person Laundries $140,000.00 $219,708.75 NIMS TYPE 11750 Person Laundries $111,000.00 $170,922.50 NIMS TYPE 111500 Person Landries $81,000.00 $114,790.00 NIMS TYPE IV 250 Person Laundries $62,000.00 $69,292.50 Page 9 of 9 G rrROV'IDEP ig-M NOMIEW EQUIPMENT RATES CrowderGulf 2015 Equipment Pricing Equipment Description Unit Unit Price D 544 Wheel Loader with debris grapple Hour $100.00 D 644 Wheel - Loader with debris grapple Hour $110.00 I Extendaboom Forklift with debris grapple Hour $65.00 753 Bobcat Skid Steer Loader with debris grapple Hour $60.00 753 Bobcat Skid Steer Loader with bucket Hour $50.00 753 Bobcat Skid Steer Loader with street sweeper Hour $60.00 30 - 50 HP Farm Tractor with box blade or rake Hour $45.00 2 - 2 1/2 cu. d. Articulated Loader with bucket Hour $90.00 33 44 cu. yd. Articulated Loader with bucket Hour $100.00 ,5 648E Log Skidder, orequivalent Hour $75.00 !CAT D4 Dozer Hour $60.00 CAT D6 Dozer Hour $90.00 CAT D8 Dozer Hour $125.00 CAT125 - 140 HP Motor Grader Hour $90.00 D 690 Trackhoe with debris grapple Hour 1 $100.00 D 690 Trackhoe with bucket & thumb Hour $100.00 Rubber Tired Trackhoe with debris grapple Hour $105.00 _ D 310 Rubber Tire Backhoe with bucket and hoe Hour $6000 Rubber Tired Excavator with debris grapple Hour $105.00 210 Prentice Knuckleboom with debris grapple Hour $90.00 Self- Loader Scraper Cat 623 or equivalent Hour $150.00 Hand Fed Debris Chipper Hour $35.00 300 - 400 Tub Grinder Hour $350.00 800 -1,000 HP Diamond Z Tub Grinder Hour $500.00 30 Ton Crane Hour $150.00 50 Ton Crane Hour $170.00 100 Ton Crane (8 hour minimum ) Hour $250.00 140 - 60' Bucket Truck Hour $90.00 (Service Truck Hour $50.00 jWater Truck Hour $60.00 Portable Light Plant Hour $14.00 E uipment Transports Hour $90.00 Pickup Truck, unmanned Hour $14.00 Self-loading Dump Truck with knuckleboom and debris grapple! Hour $125.00 Sin le Axle Dump Truck, 5 - 12 Cu. Yd. Hour $45.00 Tandem Dy np Truck, 16 - 20 Cu. Yd. Hour $60.00 railer Dum Truck, 24 -40 Cu. Yd. Hour $70.00 railer Dump Truck, 41 -60 Cu. Yd. Hour $85.00 Trailer Dump Truck, 61 - 80 Cu. Yd. Hour $100.00 Power Screen Hour $16000 Stacking Conveyor Hour $35.00 Off Road Trucks Hour $150.00 8000 gallon Fuel Tanker Hour $60.00 Note: All above prices include operator, fuel and maintenance CAO F' CrowderGulf 2015 Equipment pricing Labor and Material Rates Personnel Description Unit Unit Price � Operations Manager Hour $60.00 Superintendent with truck, phone and radio Hour $54.00 Foreman with truck, phone and radio Hour $48.00 Safety/Quality Safety/Quality Control Inspector with vehicle, phone and radio Hour $50.00 Inspector with vehicle, phone and radio Hour $32.00 Climber with gear Hour $90.00 _ Saw hand with chainsaw Hour $32.00 Laborers and Fla men Hour $28.00 Timekeeper Hour $35.00 HazMat Professional Hour $180.00 Household HazMat Inspection and Removal Crew Hour $110.00 Public Assistance Mana er Hour $130.00 uocumentation Clerk Hour $50.00 Community Assistance /Hot Line Operators Hour $35.00 Materials Description I Unit Unit Price Fill Dirt for Stump Holes — Purchased placed and shaped I CY $20,00 DOTES: The equipment, labor and material rates shown above are for tasks requested by the City which are not covered in the rates (per cubic yard) for normal debris removal and reduction. 2. Pricing includes operator, fuel, and maintenance. Depending on the severity of the disaster, some or all of the above equipment will be required. CrowderGulf will ensure sufficient numbers or each type of listed equipment are available to meet the needs for a particular disaster. 3. The listed equipment should cover all possible equipment needs following disaster. CrowderGulf has access and contacts for any other equipment that might be required and will negotiate a rate with City if need arises for equipment not on list. ONO Exhibit B - Performance & Payment Bonds (following this page) Page 13 #15 -5365 "Disaster Debris Management, Removal and Disposal Services' CrowderGulf Joint Venture, Inc. EXHIBIT B 1:PUBLIC PAYMENT BOND Disaster Debris Management,Removal and Disposal Services Bond No. Contract No.15-6365 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 ,with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof,and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative,pursuant to authority of its governing body. Page 14 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. 0,0 Signed,sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 ,by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Page 15 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. 410 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of: Commission No.: Page 16 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. GQ' EXHIBIT B 2: PUBLIC PERFORMANCE BOND Disaster Debris Management,Removal and Disposal Services Bond No. Contract No. 15-6365 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives,successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract;and 2. Pays Obligee any and all losses, damages,costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual,incurred by Obligee;and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received,hereby stipulates and agrees that no changes,extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,extensions of time,alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes,shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. Page 17 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. IN WITNESS WHEREOF, the above parties have executed this instrument this day of ,20 , the name of each party being affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Signed,sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did(did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public,State of: Commission No.: Page 18 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. GQ' ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 ,by ,as of ,a Surety,on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature) Name: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public,State of: Commission No.: Page 19 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. Exhibit C - Grant Provisions (following this page) Page 20 #15-5365"Disaster Debris Management,Removal and Disposal Services" CrowderGulf Joint Venture,Inc. 0 Exhibit C Supplemental General Grant Terms and Conditions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Exhibit C Supplemental General Grant Terms and Conditions 1. Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 2. Energy Conservation Requirements - The Energy Conservation requirements are applicable to all contracts and subcontracts. The Contractor shall comply with any mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6201) 3. Access to Records and Reports - The vendor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Vendor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 4. No Government Obligation to Third Parties - Applies to all contracts. The Purchaser and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontract who will be subject to its provisions. 5. Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 6. Energy Policy and Conservation Act - The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the F l o r i d a state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). 7. Debarment and Suspension (Executive Orders 12549 and 12689) - Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235),"Debarment and Suspension."The Excluded Parties List System in SAM 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. 8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Vendors must certify it will not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or organization 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. The certification includes any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Exhibit C Supplemental General Grant Terms and Conditions 9. Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of$10,000 of the item both under and outside that contract. 10. Disadvantaged Business Enterprise (DBE) - Vendors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Vendors shall make a good faith effort to assure that registered disadvantaged business enterprises are used as sources of supplies, equipment, construction, and services as much as possible. Each vendor shall identify the anticipated level of participation by DBE's in the project and report its actual DBE participation (if any)." The offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance and required to convey all changes in anticipated levels of participation to the County in a timely manner. The vendor is required to pay its DBE subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the vendor's receipt of payment for that work from Collier County. In addition, the vendor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. The vendor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The vendor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 11. Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964— 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 12. Termination 1. TERMINATION FOR DEFAULT. 1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without Exhibit C Supplemental General Grant Terms and Conditions prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 6. In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. Exhibit C Supplemental General Grant Terms and Conditions 2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. Federal Emergency Management Agency,DHS §13.36 the current market value or proceeds not needed for any other federally from sale by the awarding agency's sponsored programs or projects, the share of the equipment. grantee or subgrantee shall corn- (3) In cases where a grantee or sub- pensate the awarding agency for its grantee fails to take appropriate dis- share. position actions, the awarding agency may direct the grantee or subgrantee *13.34 Copyrights. to take excess and disposition actions. The Federal awarding agency re- f) Federal equipment. In the event a serves a royalty-free,nonexclusive,and grantee or subgrantee is provided fed- irrevocable license to reproduce, pub- eraily-owned equipment: lish or otherwise use, and to authorize (1) Title will remain vested in the others to use, for Federal Government Federal Government. purposes: (2)Grantees or subgrantees will man- (a) The copyright in any work devel- age the equipment in accordance with oped under a grant, subgrant, or con Federal agency rules and procedures, tract under a grant or subgrant;and and submit an annual inventory list- (b) Any rights of copyright to which ing: a grantee, subgrantee or a contractor (3) When the equipment is no longer purchases ownership with grant sup- needed, the grantee or subgrantee will port. request disposition instructions from the Federal agency. §13.35 Subawards to debarred and (g) Right to transfer title. The Federal suspended parties. awarding agency may reserve the right to transfer title to the Federal Govern- Grantees and subgrantees must not ment or a third part named by the make any award or permit any award awarding agency when such a third (subgrant or contract) at any tier to party is otherwise eligible under exist- any party which is debarred or sw- ing statutes. Such transfers shall be pended or is otherwise excluded from or subject to the following standards: ineligible for participation in Federal (1)The property shall be identified in assistance programs under Executive the grant or otherwise made known to Order 12549, "Debarment and Suspen- the grantee in writing. lion." (2) The Federal awarding agency §13.36 Procurement. shall issue disposition instruction within 120 calendar days after the end (a) States. When procuring property of the Federal support of the project and services under a grant, a State will for which it was acquired. If the Fed- follow the same policies and procedures eral awarding agency fails to issue dis- it uses for procurements from its non- position instructions within the 120 Federal funds. The State will ensure calendar-day period the grantee shall that every purchase order or other con- follow§13.32(e). tract includes any clauses required by (3)When title to equipment is tram- Federal statutes and executive orders ferred, the grantee shall be paid an and their implementing regulations. amount calculated by applying the per- Other grantees and subgrantees will centage of participation in the par- follow paragraphs (b) through (i) in chase to the current fair market value this section. of the property. (b) Procurement standards. (1) Grant- ees and subgrantees will use their own *13.33 Supplies. procurement procedures which reflect (a) Title. Title to supplies acquired applicable State and local laws and under a grant or subgrant will vest, regulations, provided that the procure- upon acquisition,in the grantee or sub- ments conform to applicable Federal grantee respectively. law and the standards identified In this (b) Disposition. If there is a residual section. inventory of unused supplies exceeding (2) Grantees and subgrantees will $5.000 in total aggregate fair market maintain a contract administration value upon termination or completion system which ensures that contractors of the award, and if the supplies are perform in accordance with the terms, 131 §13.36 44 CFR Ch. I(10-1-11 Edition) conditions, and specifications of their for procurement or use of common contracts or purchase orders. goods and services. (3) Grantees and subgrantees will (6) Grantees and subgrantees are en- maintain a written code of standards of couraged to use Federal excess and sur- conduct governing the performance of plus property in lieu of purchasing new their employees engaged in the award equipment and property whenever such and administration of contracts. No use is feasible and reduces project employee, officer or agent of the grant- costs. ee or subgrantee shall participate in se- (q) Grantees and subgrantees are en- lection, or in the award or administra- couraged to use value engineering tion of a contract supported by Federal clauses in contracts for construction funds if a conflict of interest, real or projects of sufficient size to offer rea- apparent, would be involved. Such a sonable opportunities for cost reduc- conflict would arise when tions. Value engineering is a system- (i)The employee,officer or agent, atic and creative analysis of each con- (ii) Any member of his immediate tract item or task to ensure that its es- family, sential function is provided at the (iii)His or her partner,or overall lower cost, (iv) An organization which employs, (g) Grantees and subgrantees will or is about to employ, any of the make awards only to responsible con- above, has a financial or other interest tractors possessing the ability to per- in the firm selected for award. The form successfully under the terms and grantee's or tints ntee's officers, em- conditions of a proposed procurement. ployees or agents will neither solicit Consideration will be given to such nor accept gratuities, favors or any- matters as contractor integrity, corn- thing of monetary value from contrac- tors, potential contractors, or parties pliance with public policy, record of to subagreements. Grantee and sub- past performance, and financial and grantees may set minimum rules where technical resources, the financial interest is not substantial (9) Grantees and subgrantees will or the gift is an unsolicited item of maintain records sufficient to detail nominal intrinsic value. To the extent the significant history of a procure- permitted by State or local law or reg- mane: These records will include, but relations, such standards or conduct are not necessarily limited to the fol- will provide for penalties,sanctions, or lowing: rationale for the method of other disciplinary actions for viola- procurement, selection of contract tions of such standards by the grant- type, contractor selection or rejection, se's and subgrantee's officers, employ- ees, and the basis for the contract price. or agents, or by contractors or (10) Grantees and subgrantees will their agents.The awarding agency may use time and material type contracts in regulation provide additional prohi- only- bitions relative to real, apparent, or (i) After a determination that no potential conflicts of interest. other contract is suitable,and (4) Grantee and subgrantee proce- (ii) If the contract includes a ceiling dures will provide for a review of pro- price that the contractor exceeds at its posed procurements to avoid purchase own risk. of unnecessary or duplicative items. (11) Grantees and subgrantees alone Consideration should be given to con- will be responsible, in accordance with solidating or breaking out procure- good administrative practice and sound ments to obtain a more economical business judgment, for the settlement purchase. Where appropriate, an anal- of all contractual and administrative ysis will be made of lease versus pur- issues arising out of procurements. chase alternatives, and any other ap- These issues include, but are not u n- propriate analysis to determine the ited to source evaluation, protests,dis- most economical approach. putes, and claims. These standards do (5)To foster greater economy and ef- not relieve the grantee or subgrantee ficiency, grantees and subgrantees are of any contractual responsibilities encouraged to enter into State and under its contracts. Federal agencies local intergovernmental agreements will not substitute their judgment for 132 Cts- Federal Emergency Management Agency, OHS §13.36 that of the, grantee or subgrantee un- evaluation of bids or proposals, except less the matter is primarily a Federal in those cases where applicable Federal concern. Violations of law will be re- statutes expressly mandate or encour- ferred to the local, State, or Federal age geographic preference. Nothing in authority having proper jurisdiction. this section preempts State licensing (12) Grantees and subgrantees will laws. When contracting for architec- have protest procedures to handle and tural and engineering (A[E) services, resolve disputes relating to their pro- geographic location may be a selection curements and shall in all instances criteria provided its application leaves disclose information regarding the pro- an appropriate number of qualified test to the awarding agency. A firms, given the nature and size of the protestor must exhaust all administra- project,to compete for the contract. tine remedies with the grantee and sub- (3) Grantees will have written selec- grantee before pursuing a protest with tion procedures for procurement trans- the Federal agency. Reviews of pro- actions. These procedures will ensure tests by the Federal agency will be lim- that all solicitations: ited to: (1) Incorporate a clear and accurate (i)Violations of Federal law or regu- description of the technical require- lations and the standards of this sec- ments for the material, product, or tion (violations of State or local law service to be procured. Such descrip- will be under the jurisdiction of State tion shall not, in competitive procure- or local authorities)and ments, contain features which unduly (ii)Violations of the grantee's or sub- restrict competition. The description grantee's protest procedures for failure may include a statement of the quail- to review a complaint or protest, Pro- tative nature of the material, product tests received by the Federal agency or service to be procured, and when other than those specified above will be necessary, shall set forth those min- referred to the grantee or subgrantee. imum essential characteristics and (c) Competition. (1) All procurement standards to which it must conform if transactions will be conducted in a it is to satisfy its intended use. De- manner providing full and open com tailed product specifications should be petition consistent with the standards avoided if at all possible. When it is of section 13.36. Some of the situations impractical or uneconomical to make a considered to be restrictive of competi- clear and accurate description of the tion include but are not limited to: technical requirements, a"brand name en Placing unreasonable require- or equal" description may be used as a ments on firms in order for them to means to define the performance or qualify to do business, other salient requirements of a pro- (ii)Requiring scary experience cure.ment. The specific features of the and excessive bonding, named brand which must be met by (iii)Noncompetitive pricing practices offerors shall be clearly stated;and between firms or between affiliated (ii) Identify all requirements which (iv)) Non, awards to con- companies, the offerors must fulfill and all other sultants that are on retainer contracts, factors to be used in evaluating bids or (v) Organizational conflicts of inter- proposals. est (4) Grantees and subgrantees will en- (vi) Specifying only a "brand name" sure that all prequalified lists of per- product instead of allowing an equal" _ sons, firms, or products which are used product to be offered and describing in acquiring goods and services are cur- the performance of other relevant re- rent and include enough qualified quirements of the procurement,and sources to ensure maximum open and (vii)Any arbitrary action in the pro- free competition. Also, grantees and curement process. subgrantees will not preclude potential (2) Grantees and subgrantees will bidders from qualifying during the so- conduct procurements in a manner licitation period. that prohibits the use of statutorily or (d) Methods of procurement to be fol- administratively imposed in-State or lowed-(1)Procurement by small purchase local geographical preferences in the procedures. Small purchase procedures 133 §13.36 44 CFR Ch.1 (10-1-11 Edition) are those relatively simple and infor- prior experience indicates that such mal procurement methods for securing discounts are usually taken advantage services, supplies, or other property of;and that do not cost more than the sim- (E)Any or all bids may be rejected if plified acquisition threshold fixed at 41 there is a sound documented reason. U.S.C.403(11)(currently set at$100.000). (3) Procurement by competitive pro- If small purchase procedures are used, posals. The technique of competitive price or rate quotations shall be ob- proposals is normally conducted with tained from an adequate number of more than one source submitting an qualified sources. offer, and either a fixed-price or cost- (2) Procurement by sealed bids (for- reimbursement type contract is award- mal advertising). Bids are publicly so- ed.It is generally used when conditions licited and a firm-fixed-price contract are not appropriate for the use of (lump sum or unit price) is awarded to sealed bids. If this method is used the the responsible bidder whose bid, con- following requirements apply: forming with all the material terms (1)Requests for proposals will be pub- and conditions of the invitation for licized and identify all evaluation fac- bids, is the lowest in price. The sealed tors and their relative importance,Any bid method is the preferred method for response to publicized requests for pro- procuring construction, if the condi- posals shall be honored to the max- tions in§13.36(d)(2)(i)apply. imum extent practical; (1) In order for sealed bidding to be (ii) Proposals will be solicited from feasible, the following conditions an adequate number of qualified should be present: (A) A complete, adequate, and real- sources; istic specification or purchase descrip- (iii) Grantees and subgrantees will tion is available; have a method for conducting tech- (B) Two or more responsible bidders nical evaluations of the proposals re- are willing and able to compete effec- ceived and for selecting awardees; tively and for the business;and (iv) Awards will be made to the re- (0)The procurement lends itself to a sponsible firm whose proposal is most firm fixed price contract and the selec- advantageous to the program, with tion of the successful bidder can be price and other factors considered; and made principally on the basis of price. (v) Grantees and subgrantees may (ii) If sealed bids are used, the fol- use competitive proposal procedures lowing requirements apply: for qualifications-based procurement of (A) The invitation for bids will be architectural/engineering (AME) proles- publicly advertised and bids shall be sional services whereby competitors' solicited from an adequate number of qualifications are evaluated and the known suppliers, providing them suffi- most qualified competitor is selected, cient time prior to the date set for subject to negotiation of fair and rea- opening the bids; sonable compensation. The method, (B) The invitation for bids, which where price is not used as a selection will include any specifications and per- factor, can only be used in procure- tinent attachments, shall define the ment of A!E professional services. It items or services in order for the bidder cannot be used to purchase other types to properly respond; of services though A/E firms are a po (C)All bids will be publicly opened at tential source to perform the proposed the time and place prescribed in the in- effort. vitation for bids; (4) Procurement by noncompetitive (D)A firm fixed-price contract award proposals is procurement through solic- will be made in writing to the lowest itation of a proposal from only one responsive and responsible bidder. source, or after solicitation of a num- Where specified in bidding documents, ber of sources, competition is deter- factors such as discounts, transpor- mined inadequate. tation cost,and life cycle costs shall be (i) Procurement by noncompetitive considered in determining which bid is proposals may be used only when the lowest.Payment discounts will only be award of a contract is infeasible under used to determine the low bid when small purchase procedures, sealed bids 134 Federal Emergency Management Agency,DHS §13.36 or competitive proposals and one of the graphs (e)(2) (1) through(v)of this sec following circumstances applies: ti on. (A)The item is available only from a (f) Contract cost and price. (1) Grant- single source; ees and subgrantees must perform a (B)The public exigency or emergency cost or price analysis in connection for the requirement will not permit a with every procurement action includ- delay resulting from competitive solic- ing contract modifications. The meth- itation; od and degree of analysis is dependent (C) The awarding agency authorizes on the facts surrounding the particular noncompetitive proposals;or procurement situation, but as a start- (D) After solicitation of a number of ing point, grantees must make inde- sources, competition is determined in- pendent estimates before receiving bids adequate. or proposals. A cost analysis must be (ii) Cost analysis, i.e., verifying the performed when the offeror is required proposed cost data the projections of to submit the elements of his estf- the data,and the evaluation of the spe mated cost, e.g., under professional, eific elements of costs and profits, is consulting, and architectural engineer required. ing services contracts. A cost analysis (iii) Grantees and subgrantees may will be necessary when adequate price be required to submit the proposed pro competition is lacking, and for sole curement to the awarding agency for source procurements, including con- tract modifications or change orders, paragraph(g)of this section. unless price resonableness can be es- (e)Contracting with small and minority tablished on the basis of a catalog or firms, women's business enterprise and market price of a l quart tie product labor surplus area firms. (1)The grantee sold in substantial quantities to the and ssurpluitee will take all necessary general public or based on prices set by affirmative steps to assure that minor- law or in all other A price analysis to s deter- ity firms, women's business enter- mine used the all sonar instances to pro- prises, and labor surplus area firms are mired the reasonableness of the pro posed contract price. used when possible. (2)Affirmative steps shall include: (2) to profit and subgrantees etl will not of (i)Placing qualified small and minor- the profit as a separate element h ity businesses and women's business the price for each contract in which there is no price competition.and in all enterprises on solicitation lists; cases where cost analysis is performed. (ii)Assuring that small and minority To establish a fair and reasonable prof- businesses, and women's business en- it consideration will be given to the terprises are solicited whenever they complexity of the work to be per- are potential sources; formed, the risk borne by the con- (iii) Dividing total requirements, tractor, the contractor's investment, when economically feasible,into small- the amount of subcontracting, the er tasks or quantities to permit max- quality of its record of past perform- imum participation by small and mi- ance, and industry profit rates in the nority business, and women's business surrounding geographical area for enterprises; similar work. (iv) Establishing delivery schedules, (3)Costs or prices based on estimated where the requirement, permits, which costs for contracts under grants will be encourage participation by small and allowable only to the extent that costs minority business, and women's busi- incurred or cost estimates included in ness enterprises; negotiated prices are consistent with (v) Using the services and assistance Federal cost principles (see §13.22). of the Small Business Administration, Grantees may reference their own cost and the Minority Business Develop- principles that comply with the appli- ment Agency of the Department of cable Federal cost principles. Commerce;and (4)The cost plus a percentage of cost (vi) Requiring the prime contractor, and percentage of construction cost if subcontracts are to be let, to take methods of contracting shall not be the affirmative steps listed in para- used. 135 'l §13.36 44 CFR Ch.I (10-i-11 Edition) (g)Awarding agency review. (1)Grant- these standards in order for its system ees and subgrantees must make avail- to be certified. Generally, these re- able, upon request of the awarding views shall occur where there is a con- agency,technical specifications on pro- tinuous high-dollar funding, and third- posed procurements where the award- party contracts are awarded on a reg- ing agency believes such review is ulcer basis. needed to ensure that the item andior (ii)A grantee or subgrantee may self- service specified is the one being pro- certify its procurement system. Such posed for purchase. This review gen- self-certification shall not limit the erally will take place prior to the time awarding agency's right to survey the the specification is incorporated into a system. Under a self-certification pro- solicitation document. However, if the cedure, awarding agencies may wish to grantee or subgrantee desires to have rely on written assurances from the the review accomplished after a solid- grantee or subgrantee that it is corn- tation has been developed, the award- plying with these standards.A grantee ing agency may still review the speci- or subgrantee will cite specific proce- fications,with such review usually lim- dures, regulations, standards, etc., as ited to the technical aspects of the pro- being in compliance with these require posed purchase. merits and have its system available (2)Grantees and subgrantees must on for review. request make available for awarding (h) Bonding requirements. For con- agency pre-award review procurement struction or facility improvement con- documents, such as requests for pro- tracts or subcontracts exceeding the posals or invitations for bids, inde- simplified acquisition threshold, the pendent cost estimates,etc. when: awarding agency may accept the bond- (i) A grantee's or subgrantee's pro- ing policy and requirements of the curement procedures or operation fails grantee or subgrantee provided the to comply with the procurement stand- awarding agency has made a deter- ards in this section;or mination that the awarding agency's (ii) The procurement is expected to interest is adequately protected. If exceed the simplified acquisition such a determination has not been threshold and is to be awarded without made,the minimum requirements shall competition or only one bid or offer is be as follows: received in response to a solicitation; (1) A bid guarantee from each bidder or (iii) The procurement, which is ex- equivalent to five percent of the bid price. petted to exceed the simplified acquisi- The "bid guarantee" shall consist of a Lion threshold, specifies a "brand firm commitment such as a bid bond, name"product;or certified check, or other negotiable in- (iv)The proposed award is more than strument accompanying a bid as assur- the simplified acquisition threshold ance that the bidder will, upon accept- and is to be awarded to other than the ance of his bid, execute such contras- apparent low bidder under a sealed bid tual documents as may be required procurement:or within the time specified. (v) A proposed contract modification (2) A performance bond on the part of changes the scope of a contract or in- the contractor for 100 percent of the con- creases the contract amount by more tract price. A "performance bond" is than the simplified acquisition thresh- one executed in connection with a con- old. tract to secure fulfillment of all the (3) A grantee or subgrantee will be contractor's obligations under such exempt from the pre-award review in contract. paragraph (g)(2) of this section if the (3) A payment bond on the part of the awarding agency determines that its contractor for 100 percent of the contract procurement systems comply with the price. A "payment bond" is one exe- standards of this section. cuted in connection with a contract to (i) A grantee or subgrantee may re- assure payment as required by law of quest that its procurement system be all persons supplying labor and mate- reviewed by the awarding agency to de- vial in the execution of the work pro- termine whether its system meets vided for in the contract. 136 • Federal Emergency Management Agency, DHS §13.37 (I) Contract provisions. A grantee's (8) Notice of awarding agency re- and subgrantee's contracts must con- quirements and regulations pertaining tain provisions in paragraph (i) of this to patent rights with respect to any section.Federal agencies are permitted discovery or invention which arises or to require changes, remedies, changed is developed in the course of or under conditions, access and records reten- such contract. tion, suspension of work, and other (9) Awarding agency requirements clauses approved by the Office of Fed- and regulations pertaining to copy- eral Procurement Policy. rights and rights in data. (1) Administrative, contractual, or (10) Access by the grantee, the sub- legal remedies in instances where con- grantee, the Federal grantor agency, tractors violate or breach contract the Comptroller General of the United terms, and provide for such sanctions States, or any of their duly authorized and penalties as may be appropriate. representatives to any books, docu- (Contracts more than the simplified ac- ments, papers, and records of the con- quisition threshold) tractor which are directly pertinent to (2) Termination for cause and for that specific contract for the purpose convenience by the grantee or sub- of making audit, examination, ex grantee including the manner by which cerpts,and transcriptions. it will be effected and the basis for set- (11) Retention of all required records tlement. (All contracts in excess of for three years after grantees or sub- $10,000) grantees make final payments and all (3) Compliance with Executive Order other pending matters are closed. 11246 of September 24, 1965, entitled (12) Compliance with all applicable "Equal Employment Opportunity," as standards, orders, or requirements amended by Executive Order 11375 of issued under section 306 of the Clean October 13, 1967, and as supplemented Air Act (42 U.S.C. 1857(h)), section 508 in Department of Labor regulations (41 of the Clean Water Act (33 U.S.C. 1368), CFR chapter 60). (All construction con- Executive Order 11738, and Environ- tracts awarded in excess of$10,000 by mental Protection Agency regulations grantees and their contractors or sub- (40 CFR part 15). (Contracts, sub- grantees) contracts,and subgrants of amounts in (4) Compliance with the Copeland excess of$100,000) "Anti-Kickback" Act (18 U.S.C. 874) as (13)Mandatory standards and policies supplemented in Department of Labor relating to energy efficiency which are regulations (29 CFR Part 3). (All con- contained in the state energy conserva- tracts and subgrants for construction tion plan issued in compliance with the or repair) Energy Policy and Conservation Act (5) Compliance with the Davis-Bacon (Pub.L.94-163,89 Stat.871). Act(40 U.S.C. 276a to 276a-7) as supple- mented by Department of Labor regu- [53 FR 8078,8087,Mar.11,1888,as amended at lations (29 CFR part 5). (Construction 60 FR 19639,19645,Apr.19,1995] contracts in excess of$2000 awarded by 13.37 Subgrants. grantees and subgrantees when re- quired by Federal grant program legis- (a) States. States shall follow state lation) law and procedures when awarding and (6) Compliance with Sections 103 and administering subgrants (whether on a 107 of the Contract Work Hours and cost reimbursement or fixed amount Safety Standards Act(40 U.S.C.327-330) basis) of financial assistance to local as supplemented by Department of and Indian tribal governments. States Labor regulations (29 CFR Part 5). shall: (Construction contracts awarded by (1) Ensure that every subgrant in- grantees and subgrantees in excess of eludes any clauses required by Federal $2000, and in excess of $2500 for other statute and executive orders and their contracts which involve the employ- implementing regulations; ment of mechanics or laborers) (2) Ensure that subgrantees are (7) Notice of awarding agency re- aware of requirements imposed upon quirements and regulations pertaining them by Federal statute and regula- to reporting. tion; 137 *kt FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII, False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xi. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS 0. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules;regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractors own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractors provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractors project activities under 0 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer:recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractors work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10.Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have • been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391, The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the workforce on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every additional classification than once a week,and without subsequent deduction or fication action within 30 days of receipt and so advise the contracting officer on any account(except such payroll deductions as are cer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 ` C, will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form W1-1-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dot.gov/esa/whdfforms/wh347instr,htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers wages ng the earned,without period has been paid the full weekly and mechanics working at the site of the work.Such records and that no e,cachous rebate,din made directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or than each such worker,his or her correct classification,hourly rates indirectly from the io s wages earned, Regulations,la io of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b,Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required permitted to work at less than the predetermined rate for the records upon request or to make such records available may work performed unless they are employed pursuant to and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration.- a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate- Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in excess of employed as stated above,shall be paid not less than the the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly f 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4:6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1,)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. 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. 8.Compliance with Davis-Bacon and Related Act Distract or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor sDisputes arising calendar day on which such individual was required or 9.Disputes labor nce ning provisions r o standards.d.Disputes shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours lau s set payment iPra ofthe 1.)of me wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. 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 a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of sectiori 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.The penalty for making ki U.S.C.1001. 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 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s pr o v i s i o n is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 (.�` "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all.Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1 Instructions for Certification—First Tier Participants: debarred;or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below: participant may but is not required to check the Excluded Parties List System website(httpsatwww.eols.govf),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shalt be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(t)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal-is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower ' (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httpsilwww.eols.00v/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction . lower tier participant knowingly rendered an erroneous . knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xi.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1,The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.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 any Federal 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. b.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 Federal 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. 2.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 31 U.S.C.1352. 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. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose.accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be.done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form, The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shalt give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 The Stafford Act Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended April 2013 comtrAf, FEMA ''44frfl) Robert T.Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,as amended,42 U.S.C.5121 et seq. Located in United States Code,Title 42.The Public Health and Welfare,Chapter 68.Disaster Relief Title I—Findings, Declarations and Definitions Sec. 101. Congressional Findings and Declarations(42 U.S.C.5121) 1 Sec, 102. Definitions (42 U.S.C.SI 22)* 1 Sec. 103. References (42 U.S.C. SI 23)* 3 Title II—Disaster Preparedness and Mitigation Assistance Sec.201. Federal and State Disaster Preparedness Programs(42 U.S.C.5131) 4 Sec.202. Disaster Warnings(42 U.S.C.5 1 32) 5 Sec. 203. Predisaster Hazard Mitigation(42 U.S.C.5133) 5 Sec.204. Interagency Task Force(42 U.S.C.5134) 10 Title Ill—Major Disaster and Emergency Assistance Administration Sec.301. Waiver of Administrative Conditions(42 U.S.C.5141) 11 Sec. 302. Coordinating Officers(42 U.S.C.5143) ii Sec. 303. Emergency Support and Response Teams(42 U.S.C.5144) 12 Sec. 304. Reimbursement of Federal Agencies(42 U.S.C. 5147)........... I 2 Sec. 305. Nonliability of Federal Government(42 U.S.C. 5148) 13 Sec.306. Performance of Services(42 U.S.C.5149) 13 Sec.307. Use of Local Firms and Individuals(42 U.S.C.5150) 13 Sec.308. Nondiscrimination in Disaster Assistance(42 U.S.C. 5151) ..... 14 Sec.309. Use and Coordination of Relief Organizations(42 U.S.C.5152) 15 Sec. 310. Priority to Certain Applications for Public Facility and Public Housing Assistance(42 U.S.C.5153) 15 Sec.311. Insurance(42 U.S.C.5154) 16 Prohibited Flood Disaster Assistance(42 U.S.C. 5154a) 16 Sec. 312. Duplication of Benefits(42 U.S.C.5155) 18 Sec.313. Standards and Reviews(42 U.S.C. 5156) 19 Sec. 314. Penalties(42 U.S.C. 5157) 19 Sec.315. Availability of Materials(42 U.S.C. 5158) 19 Sec.316. Protection of Environment(42 U.S.C.5159) 20 Sec. 317. Recovery of Assistance(42 U.S.C. 5160)...................................... 20 Sec. 318. Audits and Investigations(42 U.S.C.5161) ........ ....... 20 Sec. 319. Advance of Non-Federal Share(42 U.S.C.5162).............. ...............20 Sec.320. Limitation on Use of Sliding Scales(42 U.S.C. 5163) 21 Sec.321. Rules and Regulations(42 U.S.C. 5164)..... .... .................. 21 Sec.32.2. Mitigation Planning(42 U.S.C, 5165) 21 Sec.323 Minimum Standards for Public and Private Structures(42 U.S.C.5165a) 22 Sec. 324. Management Costs(42 U.S.C.5165b) ,..........23 Sec.325. Public Notice,Comment,and Consultation Requirements(42 U.S.C.5165c) 23 Sec. 326. Designation of Small State and Rural Advocate(42 U.S.C.5165d) 24 Title IV-Major Disaster Assistance Programs Sec.401. Procedure for Declaration(42 U.S.C.5170)* 25 Sec.402. General Federal Assistance(42 U.S.C.5170a) 26 Sec.403. Essential Assistance(42 U.S.C.5170b)* 27 Sec.404. Hazard Mitigation (42 U.S.C. 5170c)* 29 Sec.405. Federal Facilities(42 U.S.C. 5171) 32 Sec.406. Repair,Restoration,and Replacement of Damaged Facilities(42 U.S.C.5172) 32 Sec.407. Debris Removal(42 U.S.C.5173) 38 Sec.408. Federal Assistance to Individuals and Households (42 U.S.C. 5174)* 39 Sec.410. Unemployment Assistance(42 U.S.C.5177) 44 Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers(42 U.S.C.5177a) 45 Sec.412: Benefits and Distribution(42 U.S.C.5179) 46 Sec.413. Food Commodities(42 U.S.C.5180) 46 Sec.414. Relocation Assistance(42 U.S.C. 5181) 46 Sec.415. Legal Services(42 U.S.C.5182) 47 Sec.416. Crisis Counseling Assistance and Training(42 U.S.C.5183) 47 Sec.417. Community Disaster Loans(42 U.S.C. 5184) 47 Sec.418. Emergency Communications(42 U.S.C. 5185) 48 Sec.419. Emergency Public Transportation(42 U.S.C.5186) 48 Sec.420. Fire Management Assistance(42 U.S.C.5187) 48 Sec.421. Timber Sale Contracts(42 U.S.C.5188) 48 Sec.422. Simplified Procedure(42 U.S.C.5189)* 49 Sec.423. Appeals of Assistance Decisions(42 U.S.C. 5189a)* 50 Sec.424. Date of Eligibility;Expenses Incurred Before Date of Disaster(42 U.S.C.5189b) 50 Sec.425. Transportation Assistance to Individuals and Households(42 U.S.C. 5189c) 50 Sec.426. Case Management Services(42 U.S.C.5189d) 51 Sec.427. Essential Service Providers (42 U.S.C. 5189e)* 51 Sec.428. Public Assistance Program Alternative Procedures (42 U.S.C.5189f)* 52 Sec.429. Unified Federal Review(42 U.S.C. 5189g)* 55 Title V-Emergency Assistance Programs Sec. 501. Procedure for Declaration(42 U.S.C. 5191)* 56 Sec. 502. Federal Emergency Assistance(42 U.S.C.5192) 57 (5-1)ii Sec. 503. Amount of Assistance(42 U.S.C. 5193) 58 Title VI—Emergency Preparedness Sec. 601. Declaration of Policy(42 U.S.C.5195) 59 Sec. 602. Definitions (42 U.S.C.5195a) 59 Sec. 603. Administration of Tide(42 U.S.C.5195b) 60 Critical Infrastructures Protection(42 U.S.C.5195c) 61 Subtitle A—Powers and Duties Sec. 611. Detailed Functions or Administration(42 U.S.C.5196) 63 Sec.612. Mutual Aid Pacts Between States and Neighboring Counties(42 U.S.C.5196a) 67 Sec. 613. Contributions for Personnel and Administrative Expenses(42 U.S.C. 5196b) 67 Sec. 614. Grants for Construction of Emergency Operations Centers (42 U.S.C.5196c) 69 Sec.615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C.5196d) 69 Radiological Emergency Preparedness Fund(42 U.S.C.5196e) 70 Sec. 616. Disaster Related Information Services(42 U.S.C.51961) 70 Subtitle B—General Provisions Sec.621. Administrative Authority(42 U.S.C. 5197) 71 Sec. 622. Security Regulations(42 U.S.C.5197a) 72 Sec. 623. Use of Existing Facilities(42 U.S.C. 5197b) 73 Sec. 624. Annual Report to Congress(42 U.S.C.S 197c) 74 Sec.625. Applicability of Subchapter(42 U.S.C. 5197d) 74 Sec.626. Authorization of Appropriations and Transfers of Funds (42 U.S.C.5197e) 74 Sec. 627. Relation to Atomic Energy Act of 1954(42 U.S.C. 51970 74 Sec. 628. Federal Bureau of Investigation (42 U.S.C.5197g) 74 Title VII—Miscellaneous Sec. 701. Rules and Regulations(42 U.S.C.5201) 75 Insular Areas Disaster Survival and Recovery; Definitions(42 U.S.C.5204) 75 Technical Assistance for Insular Areas(42 U.S.C.5204b) 76 Sec. 705. Disaster Grant Closeout Procedures(42 U.S.C.5205) 76 Buy American(42 U.S.C.5206) 77 Sec. 706 Firearms Policies(42 U.S.C.5207) 77 Statutory Note:Dispute Resolution Pilot Program(note to 42 U.S.C.5189a) 79 *This section of the Stafford Act has been amended by the Sandy Recovery Improvement Act of 2013, Pub.L.113-2,127 Stat.4(2013),signed on January 29,2013. 1 J� STAFFORD ACT>TITLE 1>§§101-102 Title 1 - Findings, Declarations and Definitions Sec.101.Congressional Findings and Declarations(42 U.S.C.5121) (a) The Congress hereby finds and declares that- (I) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage;and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;special measures,designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas,are necessary. (b) It is the intent of the Congress,by this Act,to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by- (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans,programs,capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals,States,and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (.5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;and (6) providing Federal assistance programs for both public and private losses sustained in disasters' Sec.102. Definitions(42 U.S.C.5122)*2 As used in this Act- (1) EMEtkGENcY- "Emergency" means any occasion or instance for which,in the determination of the President, Federal assistance is needed to supplement 1, Typographical error in original;period should follow''disasters". 2. Pub,L.113-2,dlv.8,§1110(e),Jan.29,2013,127 Stat.49,provides that:"(1)issuance.—The President shall issue regulations to carry out the amendments made by this section[enacting section 5123 of this title and amending this section and sections 5170 and 5191 of this title). (2) Factors.—In issuing the regulations,the President shall consider the unique conditions that affect the general welfare of Indian tribal governments." e STAFFORD ACT>TITLE I>§102 State and local efforts and capabilities to save lives and to protect property and public health and safety,or to lessen or avert the threat of a catastrophe in any part of the United States. (2) MAJOR Dt&AsTER- "Major disaster" means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States,which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States,local governments, and disaster relief organizations in alleviating the damage,loss,hardship,or suffering caused thereby. (3) "UNITED STATES"meant the fifty States, the District of Columbia,Puerto Rico, the Virgin Islands,Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) "STATE"means any State of the United States,the District of Columbia,Puerto Rico,the Virgin Islands,Guam,American Samoa,and the Commonwealth of the Northern Mariana Islands. (5) "GovEaroa"means the chief executive of any State. (6) INDIAN TRIBAL GOVERNMINT-The term "Indian tribal government" means the governing body of any Indian or Alaska Native tribe,band,nation,pueblo, village,or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994(25 U.S.C.479a et seq.). (7), INDIVIDUAL wiTFi A DisAan.rrr-The term"individual with a disability means an individual with a disability as defined in section 12102(2) of this title.3 (8) LocAt.Gov Issrr-The term"local government"means (A) a county, municipality, city, town, township, local public authority, school district,special district,intrastate district,council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law),regional or interstate government entity,or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization,or Alaska Native village or organization, that is not an Indian tribal government as defined in paragraph(6);and (C) a rural community, unincorporated town or village, or other public entity, for which an application for assistance is made by a State or political subdivision of a State. 3.Section 3(2)of the Americans with Disabilities Act of 1990(42 U.S.C.12102(2)). 2 �t,J STAFFORD ACT>TITLE I>§§102-103 (9) "FEDERAL AGENCY" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government,including the United States Postal Service,but shall not include the American National Red Cross. (10)Politic FACILITY- "Public facility"means the following facilities owned by a State or local government: (A) Any flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development,or airport facility. (B) Any non-Federal-aid street,road,or highway. (C) Any other public building, structure,or system, including those used for educational,recreational,or cultural purposes. (D) Any park. (1 1)PRIVATE NONPROFIT FACILITY- (A) In General-The term"private nonprofit facility"means private nonprofit educational,utility,irrigation,emergency,medical,rehabilitationai,and temporary or permanent custodial care facilities(including those for the aged and disabled) and facilities on Indian reservations, as defined by the President. (B) Additional Facilities, — In addition to the facilities described in subparagraph (A), the term "private nonprofit facility" includes any private nonprofit facility that provides essential services ofa governmental nature to the general public(including museums,zoos,performing arts facilities, community arts centers, libraries, homeless shelters, senior citizen centers,rehabilitation facilities,shelter workshops,and facilities that provide health and safety services of a governmental nature), as defined by the President. (12) CHIEF ExEct,-rtvE-The term"Chief Executive" means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government. Sec.103.References(42 U.S.C.5123)* Except as otherwise specifically provided, any reference in this chapter to "State and local", "State or local", "State, and local", 'State, or local", or "State, local" (including plurals) with respect to governments or officials and any reference to a "local government"in sections 5172(d)(3)and 5184 of this title[Section 406(d)(3) and Section 417] is deemed to refer also to Indian tribal governments and officials, as appropriate. 3 STAFFORD ACT>TITLE II>§201 Title 11 - Disaster Preparedness and mitigation Assistance Sec. 201. Federal and State Disaster Preparedness Programs(42 U.S.C.5131) (a) Unuz.knoN of SatvicES of Omsa AGENCIES The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes- (1) preparation of disaster preparedness plans for mitigation,warning,emergency operations,rehabilitation,and recovery; (2) training and exercises; (3) postdisaster critiques and evaluations; (4) annual review of programs; (5) coordination of Federal,State,and local preparedness programs; (6) application of science and technology; (7) research. (b) TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF PLANS AND PROGRAMS-The President shall provide technical assistance to the States in developing comprehensive plans and practicable programs for preparation against disasters,including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters;and for recovery of damages or destroyed public and private facilities. (c) GRANTS TO STATES FOR DEVELOPMENT OF PLANS AND PROGRAMS- Upon application by a State, the President is authorized to make grants,not to exceed in the aggregate to such State$250,000,for the development of plans,programs,and capabilities for disaster preparedness and prevention.Such grants shall be applied for within one year from May 22, 1974. Any State desiring financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program,and shall,through such agency,submit a State plan to the President,which shall— (I) set forth a comprehensive and detailed State program for preparation against and assistance following,emergencies and major disasters,including provisions for assistance to individuals, businesses, and Iocal governments; and (2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises. (d) GRANTS FOR IMPROVEMENT,MAINTENANCE,AND UPDATING OF STATE PLANS-The President is authorized to make grants not to exceed 50 per centum of the cost of improving, maintaining and updating State disaster assistance plans,including evaluations of natural hazards and development of the programs and actions required to mitigate 4 STAFFORD ACT>TITLE it>§§202-203 . such hazards; except that no such grant shall exceed $50,000 per annum to any State. Sec. 202.Disaster Warnings(42 U.S.C.5132) (a) READINESS OF.FEDERAL AGENCIES TO ISSUE WARNINGS TO STATE AND LOCAL OFFICIAIS -The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials. (b) TECHNICAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS FOR EFFECTIVE WARNINGS - The "President shall direct appropriate Federal agencies to provide technical assistance to.State and local governments to insure that timely and effective disaster warning is provided. (c) WARNINGS TO GOVERNMENTAL AUTHORITIES AND PUBLIC ENDANGERED BY DISASTER - The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 5196(c) of this title [Section 611(c)] or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters. (d) AGREEMENTS WITH COMMERCIAL COMMUNICATIONS SYSTEMS FOR USE OF FACiLmsS - The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters, Sec.203.Predisaster Hazard Mitigation(42 U.S.C.5133) (a) DEFINITION OF SMALL IMPOVERISHED CosnuNrry - In this section, the term "small impoverished community" means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. (b) ESTABLISHMENT OF PROGRAM - The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries,loss of life, and damage and destruction of property,including damage to critical services and facilities under the jurisdiction of the States or local governments. (c) APPROVAL BY PRESIDENT-If the.President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President,using amounts in the National Predisaster Mitigation Fund established under subsection(i)of this section(referred to in this section as the"Fund"),may provide technical and financial assistance to the State or local government to be used in accordance with subsection(e)of this section. 5 STAFFORD ACT>TITLE II>§203 (d) STATE RECOMMENDATIONS- (I) IN GENERAL- (A) RECOMMENDATIONS-The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section. (B) DEADLINE FOR SUBMISSION-The recommendations under subparagraph(A) shall be submitted to the President not later than October 1, 2001,and each October 1st thereafter or such later date in the year as the President may establish. (C) CRITERIA - In making recommendations under subparagraph (A), a Governor shall consider the criteria specified in subsection (g) of this section. (2) USE- (A) IN GENERAL - Except as provided in subparagraph (B), in providing assistance to local governments under this section, the President shall select from local governments recommended by the Governors under this subsection. (B) EXTRAORDINARY CIRCUMSTANCES-In providing assistance to local governments under this section, the President may select a local government that has not been recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section. (3) EFFECT of FAILURE TO NOMINATE - If a Governor of a State fails to submit recommendations under this subsection in a timely manner, the President may select,subject to the criteria specified in subsection (g) of this section, any local governments of the State to receive assistance under this section. (e) USES OF TECFINICAL AND FINANCIAL ASSISTANCE- (1) IN GENERAL-Technical and financial assistance provided under this section- (A) shall be used by States and local governments principally to implement predisaster hazard mitigation measures that are cost-effective and are described in proposals approved by the President under this section; and (B) may be used- (i) to support effective public-private natural disaster hazard mitigation partnerships; (ii) to improve the assessment of a community's vulnerability to natural hazards;or (iii) to establish hazard mitigation priorities,and an appropriate hazard mitigation plan,for a community. 6 STAFFORD ACT>TITLE II>§203 (2) DISSEMINATION-A State or local government may use not more than 10 percent of the financial assistance received by the State or local government under this section for a fiscal year to fund activities to disseminate information regarding cost-effective mitigation technologies. (f) ALLOCATION OF FUNDS- (1) IN GENERAL-The President shall award financial assistance under this section on a competitive basis and in accordance with the criteria in subsection(g). (2) MINIMUM AND Maximum AMousTs-In providing financial assistance under this section,the President shall ensure that the amount of financial assistance made available to a State(including amounts made available to local governments of the State)for a fiscal year- (A) is not less than the lesser or- (i)$575,000;or (ii) the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year;and (B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year. (g) CRITEPdA FOR ASSISTANCE AWARDS-In determining whether to provide technical and financial assistance to a State or local government under this section,the President shall take into account- (1) the extent and nature of the hazards to be mitigated; (2) the degree of commitment by the State or local government to reduce damages from future natural disasters; (3) the degree of commitment by the State or local government to support ongoing non-Federal support for the hazard mitigation measures to be carried out using the technical and financial assistance; (4) the extent to which the hazard mitigation measures to be carried out using the technical and financial assistance contribute to the mitigation goals and priorities established by the State; (5) the extent to which the technical and financial assistance is consistent with other assistance provided under this Act; (6) the extent to which prioritized, cost-effective mitigation activities that produce meaningful and definable outcomes are clearly identified; • (7) if the State or local government has submitted a mitigation plan under section 5165 of this tide [Section 322], the extent to which the activities identified under paragraph(6)are consistent with the mitigation plan; (8) the opportunity to fund activities that maximize net benefits to society; (9) the extent to which assistance will fund mitigation activities in small impoverished communities;and 7 DVD STAFFORD ACT> TITLE 11>§203 (10)such other criteria as the President establishes in consultation with State and local governments. (h) FEDERAL SHARE- (1) IN GENERA[-Financial assistance provided under this section may contribute up to 75 percent of the total cost of mitigation activities approved by the President. (2) Smut.IMPOVERISF En COMMUNITIES-Notwithstanding paragraph(1),the President may contribute up to 90 percent of the total cost of a mitigation activity carried out in a small impoverished community. (i) NATIONAL FREDI5ASrER MITIGATION FUND- (1) Esrnsust-ltirnrr - The President may establish in the Treasury of the United States a fund to be known as the"National Predisaster Mitigation Fund", to be used in carrying out this section. (2) TR,vasrms To FUND-There shall be deposited in the Fund- (A) amounts appropriated to carry out this section, which shall remain available until expended;and (B) sums available from gifts, bequests, or donations of services or property received by the President for the purpose of predisaster hazard mitigation. • (3) EXPENDITURES FROM FUND - Upon request by the President, the Secretary of the Treasury shall transfer from the Fund to the President such amounts as the President determines are necessary to provide technical and financial assistance under this section. (4) INVESTMENT OF AMOUNTS- (A) IN GENERAL-The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.Investments may be made only in interest-bearing obligations of the United States. (B) ACQUISITION OF OBLIGATIONS - For the purpose of investments under subparagraph(A),obligations may be acquired- (i) on original issue at the issue price;or (ii) by purchase of outstanding obligations at the market price. (C) SATs OF OBLIGATIONS-Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (D) CREHTS TO FUND - The interest on, and the proceeds from the sale or redemption of,any obligations held in the Fund shall be credited to and form a part of the Fund. 8 STAFFORD ACT>TITLE 1!>§203 (E) TRANSFERS OF AMOUNTS- (i) IN GENERAL-The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (ii) ADJUSTMENTS - Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL AsSIsTANCE-The President shall not provide financial assistance under this section in an amount greater than the amount available in the Fund. (k) MULTIHAZARD ADVISORY MAPS- (I) DEFINITION OF MutniIAZARD ADVISORY MAP - In this subsection, the term "multihazard advisory map"means a map on which hazard data concerning each type of natural disaster is identified simultaneously for the purpose of showing areas of hazard overlap. (2) DEVELOPMENT OF MAPS - In consultation with States, local governments, and appropriate Federal agencies,the President shall develop multihazard advisory maps for areas, in not fewer than five States, that are subject to commonly recurring natural hazards (including flooding,hurricanes and severe winds, and seismic events). (3) USE OF TECHNOLOGY - In developing multihazard advisory maps under this subsection, the President shall use, to the maximum extent practicable, the most cost-effective and efficient technology available. (4) USE OF MAPS- (A) ADVISORY NATURE-The multihazard advisory maps shall be considered to be advisory and shall not require the development of any new policy by,or impose any new policy on,any government or private entity. (B) AvAILAEILITY OF MAPS - The multihazard advisory maps shall be made available to the appropriate State and local governments for the purposes of- (1) informing the general public about the risks of natural hazards in the areas described in paragraph(2); (ii) supporting the activities described in subsection(e)of this section; and (iii) other public uses. (1) REPORT ON FEDERAL AND STATE ADMINISTRATION-Not later than 18 months after Oct. 30, 2000, the President, in consultation with State and local governments,shall submit to Congress a report evaluating efforts to implement this section and recommending a process for transferring greater authority and responsibility for 9 tC,d STAFFORD ACT>TITLE II>§§203-204 administering the assistance program established under this section to capable States. (m) AuTHoruzanoN OF APPROPRIATIONS-There are authorized to be appropriated to carry out this section- (1) $180,000,000 for fiscal year 2011; (2) $200,000,000 for fiscal year 2012; (3) $200,000,000 for fiscal year 2013. (n) PROHIBITION ON EARMARKS- (1) DEFINITION-In this subsection,the term"congressionally directed spending" means a statutory provision or report language included primarily at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority,or other expenditure with or to an entity,or targeted to a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process. (2) PBoasmmoN-None of the funds appropriated or otherwise made available to carry out this section may be used for congressionally directed spending. (3) CERTIFICATION ro CONGRESS The Administrator of the Federal Emergency Management Agency shall submit to Congress a certification regarding whether all financial assistance under this section was awarded in accordance with this section. Sec.204.Interagency Task Force(42 U.S.C.5134) (a) IN GENERAL.-The President shall establish a Federal interagency task force for the purpose of coordinating the implementation of predisaster hazard mitigation programs administered by the Federal Government. (b) CHAIRPERSON - The Administrator of the Federal Emergency Management Agency shall serve as the chairperson of the task force. (c) MEMBERSHIP-The membership of the task force shall include representatives of (I) relevant Federal agencies; (2) State and local government organizations(including Indian tribes);and (3) the American Red Cross. 10 STAFFORD ACT>TITLE III>§§301-302 Title Ili- Major Disaster and Emergency Assistance Administration Sec.301.Waiver of Administrative Conditions(42 U.S.C.5141) Any Federal agency charged with the administration of a Federal assistance program may,if so requested by the applicant State or local authorities,modify or waive,for a major disaster,such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster. Sec.302.Coordinating Officers(42 U.S.C.5143) (a) APPOINTMENT OF FEDERAL CooRDINAriNn OFFICER-Immediately upon his declaration of a major disaster or emergency,the President shall appoint a Federal coordinating officer to operate in the affected area. (b) FUNCTIONS of FEDERAL COORDLNATING OFFICER-In order to effectuate the purposes of this Act,the Federal coordinating officer,within the affected area,shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the President; (3) coordinate the administration of relief,including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations,which agree to operate under his advice or direction,except that nothing contained in this Act shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of tide 36;4 and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. (c) STATE COORDINATING.OFFICER.-When the President determines assistance under this Act is necessary,he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government. (d) SINGLE FEDERAL COORDINATING OFFICER FOR Mum-SrArm AREA-Where the area affected by a major disaster or emergency includes parts of more than 1 State,the President,at the discretion of the President,may appoint a single Federal coordinating officer for the entire affected area, and may appoint such deputy Federal coordinating officers to assist the Federal coordinating officer as the President determines appropriate. 4.The Act of January 5,1905,as amended(33 Stat.599). II (t-)...~ STAFFORD ACT>TITLE Ill>§§303-304 Sec.303. Emergency Support and Response Teams(42 U.S.C.5144) (a) EMERGENCY SUPPORT TEAMS — The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating • officer in carrying out his responsibilities pursuant to this Act.Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. (b) EMERGENCY RESPONSE TEAMS- (1) ESTASUSI-IMENT-In carrying out subsection (a), the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish- (A) at a minimum 3 national response teams;and (B) sufficient regional response teams, including Regional Office strike teams under section 317 of title 6;5 and (C) other response teams as may be necessary to meet the incident management responsibilities of the Federal Government. (2) TARGET CAPABILITY LEVEL - The Administrator shall ensure that specific target capability levels, as defined pursuant to the guidelines established under section 746(a) of title 6,6 are established for Federal emergency response teams. (3) PERSONNEL - The President, acting through the Administrator, shall ensure that the Federal emergency response teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target capability levels.Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a particular incident. (4) READINESS REPORTING - The Administrator shall evaluate team readiness on a regular basis and report team readiness levels in the report required under section 752(a) of title 6.7 Sec.304. Reimbursement of Federal Agencies(42 U.S.C. 5147) Federal agencies may be reimbursed for expenditures under this Act from funds appropriated for the purposes of this Act. Any funds received by Federal agencies as 5.Section 507 of the Homeland Security Act of 2002. 6.Section 646(a)of the Post-Katrina Emergency Management Reform Act of 2006. 7.Section 652(a)of the Post-Katrina Emergency Management Reform Act of 2006. 12 i'r, STAFFORD ACT> TITLE 11I>§§305-307 reimbursement for services or supplies furnished under the authority of this Act shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. Sec.305. Nonliability of Federal Government(42 U.S.C.5148) The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act. Sec. 306. Performance of Services(42 U.S.C.5149) (a) UTILIZATION OF SERVICES OR FACILITIES OF STATE AND LOCAL GOVERNMENTS-In carrying out the purposes of this Act,any Federal agency is authorized to accept and utilize the services or facilities of any State or local government,or of any agency, office,or employee thereof,with the consent of such government. (b) APPOINTMENT OF TEMPORARY PERSONNEL, EXPERTS, AND CONSULTANTS; ACQUISITION, RENTAL, OR HIRE OF EQUIPMENT, SERVICES, MATERIALS AND SUPPLIES - In performing ally services under this Act,any Federal agency is authorized- (1) to appoint and fix the compensation of such temporary personnel as may he necessary,without regard to the provisions of title 5 governing appointments in competitive service; (2) to employ experts and consultants in accordance with the provisions of section 3109 of such tide, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates;and (3) to incur obligations on behalf of the United States by contract or otherwise for the acquisition,rental,or hire of equipment,services,materials,and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities.Such obligations,including obligations arising out of the temporary employment of additional personnel, may be incurred by an agency in such amount as may be made available to it by the President. Sec.307. Use of Local Firms and Individuals(42 U.S.C.5150) (a) CONTRACTS OR AosresiENTS WITH PRIVATE ENTITIES- (1) IN GENERAL - In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms,or individuals,preference shall be given,to the extent feasible and practicable, to those organizations,firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency. 13 STAFFORD ACT> TITLE III>§§307-308 (2) CONSTRUCTION - This section shall not be considered to restrict the use of Department of Defense resources under this Act in the provision of assistance in a major disaster. (3) SPECIFIC GEOGRAPHIC AREA-In carrying out this section,a contract or agreement may be set aside for award based on a specific geographic area. (b) IMPLEMENTATION- (1) CONTRACTS Nor ro ENTmEs IN AREA-Any expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, not awarded to an organization, firm, or individual residing or doing business primarily in the area affected by such major disaster shall be justified in writing in the contract file. (2) TRANSITION - Following the declaration of an emergency or major disaster, an agency performing response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency,unless the head of such agency determines that it is not feasible or practicable to do so. (3) FORMATION OF REQUIREMENTS— The head of a Federal agency, as feasible and practicable,shall formulate appropriate requirements to facilitate compliance with this section. (c) PRIOR CoNTRAcrs-Nothing in this section shall be construed to require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency. Sec. 308. Nondiscrimination in Disaster Assistance(42 U.S.C.5151) (a) REGULATIONS FOR EQUITABLE AND IMPARTIAL Pause OPERATIONS-The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency.Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age,disability,English proficiency, or economic status. (b) COMPLIANCE WITH REGULATIONS AS PREREQUISITE TO PARTICIPATION BY OTHER BODGES IN RELIEF OPERATIONS - As a condition of participation in the distribution of assistance or supplies under this Act or of receiving assistance under this Act, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts. 14 STAFFORD ACT>TITLE 1I1>§§309-310 Sec.309. Use and Coordination of Relief Organizations(42 U.S.C.5152) (a) In providing relief and assistance under this Act, the President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary. (b) The President is authorized to enter into agreements with the American National Red Cross,the Salvation Army,the Mennonite Disaster Service,and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this Act, and such other regulation as the President may require. Sec.310.Priority to Certain Applications for Public Facility and Public Housing Assistance(42 U.S.C.5153) (a) PRIORITY-In the processing of applications for assistance, priority and immediate consideration shall be given by the head of the appropriate Federal agency,during such period as the President shall prescribe, to applications from public bodies situated in areas affected by major disasters under the following Acts: (1) The United States Housing Act of 19378 for the provision of low-income housing. (2) Sections 3502 to 3505 of title 40 for assistance in public works planning. (3) The Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974.9 (4) Section 1926 of title 7.10 (5) The Public Works and Economic Development Act of l965.11 (6) Subtitle IV of title 40. (7) The Federal Water Pollution Control Act.12 (b) OBLIGATION OF CERTAIN DISCRETIONARY Furors-In the obligation of discretionary funds or funds which are not allocated among the States or political subdivisions of 8.42 U.S.C.1437 et seq. 9.42 U.S.C.5301 et seq. 10.Section 306 of the Consolidated Farm and Rural Development Act. 11.42 U.S.C.3121 et seq. 12.33 U.S.C.1251 et seq. 15 STAFFORD ACT> TITLE III>§311;42 U.S.C.§5154a a State, the Secretary of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects for major disaster areas. Sec.311. Insurance(42 U.S.C.5154) (a) APPLICANTS FOR REPLACEMENT OF DAMAGED FACILITIES- (1) COMPLIANCE WITH CERTAIN REGULATIONS - An applicant for assistance under section 5172 of this title [Section 406] (Ielating to repair,restoration, and replacement of damaged facilities), section 5189 of this title [Section 422] (relating to simplified procedure) or section 3149(c)(2) of this tide shall comply with regulations prescribed by the President to assure that, with respect to any property to he replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property. (2) DETERMINATION - In making a determination with respect to availability, adequacy,and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance. (b) MAINTENANCE OF INSURANCE-No applicant for assistance under section 5172 of this title [Section 4061 (relating to repair, restoration, and replacement of damaged facilities),section 5189 of this title[Section 422](relating to simplified procedure), or section 3149(c)(2)of this title may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this Act unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under section 5141 of this title[Section 301]. (c) STATE ACTING AS SELF-INSURER-A State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 5172 or 5189 of this title[Section 406 or 422]or section 3149(c)(2)of this tide)or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection(a).No such self-insurer may receive assistance under section 5172 or 5189 of this title [Section 406 or 422] for any property or part thereof for which it has previously received assistance under this Act,to the extent that insurance for such property or part thereof would have been reasonably available. Prohibited Flood Disaster Assistance(42 U.S.C.5154a)13 (a) GENERAL PROHIBITION - Notwithstanding any other provision of law, no Federal 13.This section was enacted as part of the National Flood Insurance Reform Act of 1994 and as part of the Riegle Community Development and Regulatory improvement Act of 1994,and not as part of the Robert T Stafford Disaster Relief and Emergency Assistance Act. 16 STAFFORD ACT> TITLE III>42 U.S.C.§5154a disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement,or restoration for damage to any personal,residential,or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property. (b) TRANSFER OF PROPERTY- (1) Dun' ro NOTIFY -In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs,notify the transferee in writing of the requirements to- (A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred;and (B) maintain flood insurance in accordance with applicable Federal law with respect to such property.Such written notification shall be contained in documents evidencing the transfer of ownership of the property. (2) FAILURE TO NOTIFY -If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property- (A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property, (B) the property is damaged by a flood disaster, and (C) Federal disaster relief assistance is provided for the repair,replacement, or restoration of the property as a result of such damage,the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property. (3) PROPERTY DESCRIBED - For purposes of paragraph (1), a property is described in this paragraph if it is personal, commercial, or residential property for which Federal disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the property is transferred, for repair,replacement,or restoration of the property,if such assistance was conditioned upon obtaining flood insurance in accordance with applicable Federal law with respect to such property. (c) [Omitted] (d) "FLOOD DISASTER AREA"DEFINED-For pus-poses of this section,the term"flood disaster area"means an area with respect to which- (1) the Secretary of Agriculture finds, or has found, to have been substantially 17 :1-11,11j) STAFFORD ACT>TITLE III>§312 affected by a natural disaster in the United States pursuant to section 1961(a) of title 7;14 or (2) the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.5121 et seq.),as a result of flood conditions existing in or affecting that area. (e) EFFECnvs DATE-This section and the amendments made by this section's shall apply to disasters declared after September 23, 1994. Sec.312.Duplication of Benefits(42 U.S.C.5155) (a) GENERAL PROxmmoN-The President,in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person,business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source. (b) SPECIAL RULES- (1) LIMITATION-This section shall not prohibit the provision of Federal assistance to a person who is or may be entitled to receive benefits for the same purposes from another source if such person has not received such other benefits by the time of application for Federal assistance and if such person agrees to repay all duplicative assistance to the agency providing the Federal assistance. (2) PROCEDURES - The President shall establish such procedures as the President considers necessary to ensure uniformity in preventing duplication of benefits. (3) EFFECT OF PARTIAL BENEFITS - Receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided. (c) RECOVERY OF DUPLICATIVE BENEFITS-A person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source.The agency which provided the duplicative assistance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of tide 31,relating to debt collection,when the head of such agency considers it to be in the best interest of the Federal Government. (d) ASSISTANCE Nor INcoms-Federal major disaster and emergency assistance provided to individuals and families under this Act, and comparable disaster assistance 14.The Consolidated Farm and Rural Development Act(7 U.S.C.1961(a)). 15.This refers to the amendments made by section 582(c)of Pub.L.103-325,which amended section 4012e of this title. 18 ,r,L STAFFORD ACT>TITLE III>§§313-315 provided by States,local governments, and disaster assistance organizations,shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs. Sec. 313.Standards and Reviews(42 U.S.C.5156) The President shall establish comprehensive standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this Act. The President shall conduct annual reviews of the activities of Federal agencies and State and local governments in major disaster and emergency preparedness and in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency in policies for reimbursement of States under this Act. Sec.314. Penalties(42 U.S.C.5157) (a) Misuse OF FUNDS-Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this Act shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit. (b) Ctvtt ENFORCEMENT- Whenever it appears that any person has violated or is about to violate any provision of this Act, including any civil penalty imposed under this Act, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court. (c) REFEittwL TO ArroRNEY GENERAL - The President shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this Act that may warrant consideration for criminal prosecution. (d) Ova PENALTY - Any individual who knowingly violates any order or regulation issued under this Act shall be subject to a civil penalty of not more than $5,000 for each violation. Sec.315.Availability of Materials(42 U.S.C.5158) The President is authorized,at the request of the Governor of an affected State,to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement,farming operations,and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section "construction materials" shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement,and for normal farm and business operations. 19 STAFFORD ACT> TITLE 111>§§316-318 Sec.316. Protection of Environment(42 U.S.C.5159) An action which is taken or assistance which is provided pursuant to section 5170a, 51706, 5172, 5173, or 5192 of this title [Section 402, 403, 406, 407, or 502], including such assistance provided pursuant to the procedures provided for in section 5189 of this tide[Section 422],which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency,shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. §4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 [42 U.S.C. §4321 et seq.] to other Federal actions taken under this Act or under any other provisions of law. Sec. 317. Recovery of Assistance(42 U.S.C.5160) (a) PARTY LIABLE-Any person who intentionally causes a condition for which Federal assistance is provided under this Act or under any other Federal law as a result of a declaration of a major disaster or emergency under this Act shall be liable to the United States for the reasonable costs incurred by the United States in responding to such disaster or emergency to the extent that such costs are attributable to the intentional act or omission of such person which caused such condition. Such action for reasonable costs shall be brought in an appropriate United States district court. (b) RENDERING of CARE-A person shall not be liable under this section for costs incurred by the United States as a result of actions taken or omitted by such person in the course of rendering care or assistance in response to a major disaster or emergency. Sec. 318.Audits and Investigations(42 U.S.C.5161) (a) IN GENERAL-Subject to the provisions of chap ter 75 of title 31,relating to requirements for single audits,the President shall conduct audits and investigations as necessary to assure compliance with this Act, and in connection therewith may question such persons as may be necessary to carry out such audits and investigations. (b) ACCESS TO RECORDS-For purposes of audits and investigations under this section, the President and Comptroller General may inspect any books,documents,papers, and records of any person relating to any activity undertaken or funded under this Act. (c) STATE AND LOCAL Auorrs - The President may require audits by State and local governments in connection with assistance under this Act when necessary to assure compliance with this Act or related regulations. Sec. 319.Advance of Non-Federal Share(42 U.S.C.5162) (a) IN GENERAL-The President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under the cost-sharing provisions of this Act in any case in which-- 20 STAFFORD ACT>TITLE 111>§§320-322 (1) the State is unable to assume its financial responsibility under such cost- sharing provisions— (A) with respect to concurrent, multiple major disasters in a jurisdiction, or (B) after incurring extraordinary costs as a result of a particular disaster; and (2) the damages caused by such disasters or disaster are so overwhelming and severe that it is not possible for the applicant or the State to assume immediately their financial responsibility under this Act. (b) TERMS OF LOANS AND ADVANCES- (1) IN GENERAL - Any loan or advance under this section shall be repaid to the United States. (2) INTEREST- Loans and advances under this section shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the loan or advance. (c) REGULATIONS - The President shall issue regulations describing the terms and conditions under which any loan or advance authorized by this section may be made. Sec. 320. Limitation on Use of Sliding Scales(42 U.S.C.5163) No geographic area shall be precluded from receiving assistance under this Act solely by virtue of an arithmetic formula or sliding scale based on income or population. Sec. 321. Rules and Regulations(42 U.S.C.5164) The President may prescribe such rules and regulations as may be necessary and proper to carry out the provisions of this Act,and may exercise,either directly or through such Federal agency as the President may designate,any power or authority conferred to the President by this Act. Sec.322. Mitigation Planning(42 U.S.C.5165) (a) REQUIREMENT OF MmGATION PLAN-As a condition of receipt of an increased Federal share for hazard mitigation measures under subsection(e) of this section,a State, local,or tribal government shall develop and submit for approval to the President a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under the jurisdiction of the government. (b) LOCAL AND TRIBAL PLANS - Each mitigation plan developed by a local or tribal government shall- (1) describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan;and 21 STAFFORD ACT> TITLE III>§§322-323 (2) establish a strategy to implement those actions. (c) STATE Pusns - The State process of development of a mitigation plan under this section shall- (1) identify the natural hazards,risks, and vulnerabilities of areas in the State; (2) support development of local mitigation plans; (3) provide for technical assistance to local and tribal governments for mitigation planning;and (4) identify and prioritize mitigation actions that the State will support, as resources become available. (d) FUNDING- (1) IN GENERAL -Federal contributions under section 5170c of this title [Section 404]may he used to fund the development and updating of mitigation plans under this section. (2) MAxOMvMUM FEDERAL CONTRIBUTION-With respect to any mitigation plan, a State, local, or tribal government may use an amount of Federal contributions under section 51 7 0c of this title [Section 404] not to exceed 7 percent of the amount of such contributions available to the government as of a date determined by the government. (e) INCREASED FED)Rai.SHARE FOR HAZARD MmGATION MEASURES- (1) IN GiNEm -If, at the time of the declaration of a major disaster, a State has in effect an approved mitigation plan under this section, the President may increase to 20 percent, with respect to the major disaster, the maximum percentage specified in the last sentence of section 5170c(a) of this title [Section 404(a)]. (2) FACroRs FOR CONSIDERATION-In determining whether to increase the maximum percentage under paragraph (1), the President shall consider whether the State has established- (A) eligibility criteria for property acquisition and other types of mitigation measures; (B) requirements for cost effectiveness that are related to the eligibility criteria; (C) a system of priorities that is related to the eligibility criteria; and (D) a process by which an assessment of the effectiveness of a mitigation action may be carried out after the mitigation action is complete. Sec.323. Minimum Standards for Public and Private Structures (42 U.S.C.5165a) (a) IN GENERAL-As a condition of receipt of a disaster loan or grant under this Act- (I) the recipient shall carry out any repair or construction to be financed with 22 STAFFORD ACT> TITLE III>§§324-325 the loan or grant in accordance with applicable standards of safety,decency, and sanitation and in conformity with applicable codes, specifications, and standards;and (2) the President may require safe land use and construction practices, after adequate consultation with appropriate State and local government officials. (b) EVIDENCE of COMPLIANCE-A recipient of a disaster loan or grant under this Act shall provide such evidence of compliance with this section as the President may require by regulation. Sec.324. Management Costs(42 U.S.C.5165b) (a) DEDINmON OF MANAGEMENT CosT - In this section, the term "management cost" includes any indirect cost, any administrative expense, and any other expense not directly chargeable to a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure. (b) ESTABLISHMENT OF MANAGEMENT COST RATES - Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation establish management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this Act for management costs. (c) REVIEW-The President shall review the management cost rates established under subsection(b)not later than 3 years after the date of establishment of the rates and periodically thereafter. Sec.325.Public Notice,Comment,and Consultation Requirements (42 U.S.C.5165c) (a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODIFIED POLICIB-- (1) IN GENERAL-The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that- (A) governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this Act; and (B) could result in a significant reduction of assistance under the program. (2) APPLICATION - Any policy adopted under paragraph (1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted. (b) CONSULTATION CONCERNING INTERIM POLICIES- (I) IN GENERAL-Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this Act, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy,if the interim policy is likely- 23 STAFFORD ACT>TITLE Ill>§326 (A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency;or (B) to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency. (2) No LEGAL RIGHT OF ACTION-Nothing in this subsection confers a legal right of action on any party. (c) Pustic Act~ss-The President shall promote public access to policies governing the implementation of the public assistance program. Sec.326. Designation of Small State and Rural Advocate(42 U.S.C.5165d) (a) I.N GENERAL-The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate. (b) RFSPONSIBILRTES - The Small State and Rural Advocate shall be an advocate for the fair treatment of small.States and rural communities in the provision of assistance under this Act. (c) Duras-The Small State and Rural Advocate shall- (1) participate in the disaster declaration process under section 5 170 of this title [Section 4011 and the emergency declaration process under section S 191 of this title [Section 501], to ensure that the needs of rural communities are being addressed; (2) assist small population States in the preparation of requests for major disaster or emergency declarations;and (3) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate. 24 STAFFORD ACT>TITLE IV>§401 Title IV - Major Disaster Assistance Programs Sec. 401.Procedure for Declaration(42 U.S.C.5170)*16 (a) IN GENERAL - All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary.As part of such request,and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists. (b)INDIAN TRIBAL GOVERNMENT REQUESTS- (1) IN GENERAL-The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection(a). (2) REFERENCES - In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title [Sections 310 and 326]) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) SAVINGS PROVISION -Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this subchapter through a declaration made by the President at the request of a State under subsection (a)if the President does not make a declaration under this subsection for the same incident. 16.Individual assistance factors: Pub.L.113-2,div.B,§1109,Jan.29,2013,127 Stat.47,provides that,"In order to provide more objective criteria for evaluating the need for assistance to individu- als,to clarify the threshold for eligibility and to speed a declaration of a major disaster or emer- gency under the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.5121 et seq.),not later than 1 year after the date of enactment of this division(Jan.29,2013],the Ad- ministrator of the Federal Emergency Management Agency,in cooperation with representatives of State,tribal,and local emergency management agencies,shall review,update,and revise through rulemaking the factors considered under section 206.48 of title 44,Code of Federal Regulations (including section 206.48(b)(2)of such title relating to trauma and the specific conditions or losses that contribute to trauma),to measure the severity,magnitude,and Impact of a disaster." 25 STAFFORD ACT>TITLE IV>§402 (C)COST SHARE ADJUSTMENTS FOR INDIAN TRIBAL GOVERNMENTS (1) IN GENERAL-In providing assistance to an Indian tribal government under this subchapter,the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if- (A) The President has the authority to waive or adjust the payment under another provision of this subchapter;and (B) The President determines that the waiver of adjustment is necessary and appropriate. (2) CsrrERIA FOR MAKING DETERMINATIONS—The President shall establish criteria for making determinations under paragraph (1)(B). Sec.402. General Federal Assistance(42 U.S.C.5170a) In any major disaster, the President may- (1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance response and recovery efforts,including precautionary evacuations; (2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and. State and local governments,including precautionary evacuations and recovery; (3) provide technical and advisory assistance to affected State and local governments for- (A) the performance of essential community services; (B) issuance of warnings of risks and hazards; (C) public health and safety information, including dissemination of such information; (D) provision of health and safety measures; (E) management, control, and reduction of immediate threats to public health and safety;and (F) recovery activities,including disaster impact assessments and planning; (4) assist State and local governments in the distribution of medicine,food, and other consumable supplies,and emergency assistance;and (5) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President---- (A) shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such assistance or support is provided; 26 STAFFORD ACT>TITLE IV>§403 and (B) shall not,in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of a major disaster. Sec. 403. Essential Assistance(42 U.S.C.5170b)* (a) IN GENERAL - Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster,as follows: (1) FEDERAL RESOURCES,GENERALLY-Utilizing,lending,or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources,other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act. (2) MEDICINE, FOOD, AND OTHER CONSUMABLES - Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army,the Mennonite Disaster Service,and other relief and disaster assistance organizations medicine durable medical equipment„17 food, and other consumable supplies,and other services and assistance to disaster victims. (3) WORK AND SERVICES TO SAVE LIVES AND PROTECT PROPERTY- Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including- (A) debris removal; (B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine durable medical equipment„18 and other essential needs,including movement of supplies or persons; (C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; (D) provision of temporary facilities for schools and other essential community services; (E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards; (G) dissemination of public information and assistance regarding health and safety measures; (H) provision of technical advice to State and local governments on disaster management and control; (I) reduction of immediate threats to life,property, and public health and safety; and 17.Typographical error In original;the extra comma should probably follow"medicine.” 18.Typographical error in original;the extra comma should probably follow"medicine.” 27 y STAFFORD ACT>TITLE IV>§403 (J) provision of rescue,care,shelter, and essential needs- (i) to individuals with household pets and service animals;and (ii) to such pets and animals. (4) CoNTIUauTIONS-Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection. (b) FEDERAL SHARE-The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. (C) UTILIZATION OF DOD RESOURCES- (1) GENERAL RULE - During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property.If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable.Such emergency work may only be carried out for a period not to exceed 10 days. (2) RULES APPLICABLE TO DEBRIS REMOVAL - Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title [Section 407(b)], relating to unconditional authorization and indemnification for debris removal. (3) EXPENDITURES OUT of DISASTER RELY FuNOs-The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act. (4) FEDERAL SHARE-The Federal share of assistance under this subsection shall be not less than 75 percent. (5) GUIDELINES-Not later than 180 days after November 23, 1988,19 the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this Act. (6) DEFINmONS-For purposes of this section— (A) DEPARTMENT of DEFENSE - The term "Department of Defense" has the meaning the term "department" has under section 101 of title 10. (B) EMERGENCY Woax-The term "emergency work" includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services. 19.The date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988. 28 STAFFORD ACT>TITLE IV>§§403-404 (d) SALARIES AND BENEFITS- (1) IN GENERAL-If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State,tribal,or local government for costs relating to- (A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if- (i) the work is not typically performed by the employees;and (ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms,or individuals.;20 or (B) overtime and hazardous duty compensation for permanent employees of the State,tribal,or local government conducting emergency protective measures under this section. (2) OVERTIME-The guidelines for reimbursement for costs under paragraph(1) shall ensure that no State,tribal,or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C.201 et seq.). (3) No EFFECT ON MUTUAL Am PACTS - Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact. Sec. 404. Hazard Mitigation(42 U.S.C.5170c)*21 (a) IN GENERAL-The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of future damage,hardship,loss,or suffering in any area affected by a major disaster.Such measures shall be identified following the evaluation of natural hazards under section 5165 of this title[Section 322]and shall be subject to approval by the President.Subject to section 5165 of this tide [Section 322],the total of contributions under this section for a major disaster shall not exceed 15 percent for amounts not more than$2,000,000,000, 10 percent for amounts of more than$2,000,000,000 and not more than$10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. 20.Typographical error(two punctuation marks)In original. 21.Pub.L.113-2,div.B,§1104(c),Jan.29,2013,127 Stat.43,provides that,The authority under the amendments made by this section[amending this section)shall apply to—(1)any major disas- ter or emergency declared under the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.5121 et seq.)on or after the date of enactment of this division[Jan.29,2013];and (2)a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division.• 29 STAFFORD ACT>TITLE IV>§404 (b) PROPERTY ACQUISITION AND RELOCATION ASSISTANCE- (1) GENERAL. AUTHORITY - In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph(2). (2) TERMS AND CoNDmoNS-An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph(1)only if- (A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a)of this section;and (B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides assurances that- (i) any property acquired,accepted,or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than-- (I) a public facility that is open on all sides and functionally related to a designated open space; (II) a rest room;or (III) a structure that the Administrator approves in writing before the commencement of the construction of the structure;and (iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program-- (I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity;and (II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source. (3) STATUTORY CONSTRUCTION -Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before December 3, 1993. (C) PROGRAM ADMINISTRATION BY STATES- (I) IN GENERAL.-A State desiring to administer the hazard mitigation grant program 30 " l STAFFORD ACT>TITLE IV>§404 established by this section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the authority to administer the program. (2) CRITERIA - The President, in consultation and coordination with States and local governments, shall establish criteria for the approval of applications submitted under paragraph (1). Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program.The criteria shall include, at a minimum- (A) the demonstrated ability of the State to manage the grant program under this section; (B) there being in effect an approved mitigation plan under section 5165 of this title [Section 322];and (C) a demonstrated commitment to mitigation activities. (3) APPROVAL - The President shall approve an application submitted under paragraph (1) that meets the criteria established under paragraph(2). (4) WITHDRAWAL OF APPROVAL - If, after approving an application of a State submitted under paragraph (1), the President determines that the State is not administering the hazard mitigation grant program established by this section in a manner satisfactory to the President,the President shall withdraw the approval. (5) Annrrs The President shall provide for periodic audits of the hazard mitigation grant programs administered by States under this subsection. (d) STREAMLINED PROCEDURES- (1) IN GENERAL - For the purpose of providing assistance under this section, the President shall ensure that— (A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969[42 U.S.C. 4321 et seq.] and historic preservation reviews under the National Historic Preservation Act [16 U.S.C. 470 et seq.] are completed on an expeditious basis;and (B) the shortest existing applicable process under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and the National Historic Preservation Act[16 U.S.C.470 et seq.] is utilized. (2)AUTHORITY FOR OTHER EXPEDITED PRocEuFFs-The President may utilize expedited procedures in addition to those required under paragraph(1)for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an 3I STAFFORD ACT> TITLE IV>§§405-406 analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures. (e) ADVANCE ASSISTANCE-The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred. Sec.405.Federal Facilities(42 U.S.C.5171) (a) REPAIR,RECONSTRUCTION, RESTORATION, OR REPLACEMENT OF UNITED STATES FACILITIES-The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair,reconstruction,restoration,or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval. (b) AVAILABILITY OF FUNDS APPROPRIATED TO AGENCY FOR REPAIR,RECONSTRUCTION,RESTORATION, OR REPLACEMENT OF AGENCY FACILITIES - In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law,of funds appropriated to that agency for another purpose. (c) STEPS FOR MITIGATION OF HAZARDS - In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices,in accordance with standards prescribed by the President. Sec.406. Repair,Restoration,and Replacement of Damaged Facilities (42 U.S.C.5172) (a) CONTRIBUTIONS- (1) IN GENERAL-The President may make contributions- (A) to a State or local government for the repair,restoration,reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government;and (B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair,restoration,reconstruction,or replacement of the facility and for associated expenses incurred by the person. (2) ASSOCIATED EXPENSES-For the purposes of this section,associated expenses shall include- (A) the costs of mobilizing and employing the National Guard for performance of eligible work; (B) the costs of using prison labor to perform eligible work, including 32 l STAFFORD ACT>TITLE IV>§406 wages actually paid, transportation to a worksite, and extraordinary costs of guards,food,and lodging; and (C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work,plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster. (3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT FACILITIES- (A) IN GENERAL.-The President may make contributions to a private nonprofit facility under paragraph(1)(B)only if- (i) the facility provides critical services (as defined by the President) in the event of a major disaster;or (ii) the owner or operator of the facility- (I) has applied for a disaster loan under section 636(b) of title 15;22 and (II) (aa) has been determined to be ineligible for such a loan;or (bb)has obtained such a loan in the maximum amount for which the Small Business Administration determines the facility is eligible. (B) DEFINITION OF CRITICAL SERVICES - In this paragraph, the term "critical services" includes power, water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, communications,education, and emergency medical care. (4) NOTIFICATION TO CONGRESS-Before making any contribution under this section in an amount greater than$20,000,000,the President shall notify— (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representatives; (C) the Committee on Appropriations of the Senate;and (D) the Committee on Appropriations of the House of Representatives. (b) FEDERAL SHARE- (1) MINnvtUM FEDERAL SHARE - Except as provided in paragraph (2), the Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair,restoration,reconstruction,or replacement carried out under this section. Note:Paragraph(2)takes effect after FEMA has promulgated an implementing regulation. (2) REDUCED FEDERAL SHARE-The President shall promulgate regulations to reduce 22.Section 7(b)of the Small Business Act(15 U.S.C.636(b)). 33 STAFFORD ACT> TITLE IV>§406 the Federal share of assistance under this section to not less than 25 percent in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster- (A) that has been damaged,on more than one occasion within the preceding 10-year period,by the same type of event; and (B) the owner of which has failed to implement appropriate mitigation measures to address the hazard that caused the damage to the facility. (C) LARGE IN-LIEU CONTRIBUTIONS- (1) FOR Puauc FACILITIES- (A) IN GENERAL-In any case in which a State or local government determines that the public welfare would not best be served by repairing,restoring, reconstructing, or replacing any public facility owned or controlled by the State or local government, the State or local government may elect to receive, in lieu of a contribution under subsection (a)(1)(A) of this section, a contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repairing,restoring, reconstructing,or replacing the facility and of management expenses. (B) USE OF FUNDS-Funds contributed to a State or local government under this paragraph may be used- (i) to repair,restore,or expand other selected public facilities; (ii) to construct new facilities; or (iii) to fund hazard mitigation measures that the State or local government determines to be necessary to meet a need for governmental services and functions in the area affected by the major disaster. (C) LIMITATIONS-Funds made available to a State or local government under this paragraph may not be used for- (i) any public facility located in a regulatory floodway (as defined in section 59.1 of title 44,Code of Federal Regulations(or a successor regulation));or (ii) any uninsured public facility located in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C.4001 at seq.). (2) FOR PRIVATE NONPROFIT FACILITIES- (A) IN GENERAL-In any case in which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be served by repairing,restoring,reconstructing, or replacing the facility, the person may elect to receive,in lieu of a contribution under subsection 34 STAFFORD ACT> TITLE IV>§406 (a)(1)(B), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing,restoring, reconstructing, or replacing the facility and of management expenses. (B) USE OF FUNDS-Funds contributed to a person under this paragraph may be used- (i) to repair, restore, or expand other selected private nonprofit facilities owned or operated by the person; (ii) to construct new private nonprofit facilities to be owned or operated by the person;or (iii) to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person's services and functions in the area affected by the major disaster. (C) LDn ATtoNS-Funds made available to a person under this paragraph may not be used for- (i) any private nonprofit facility located in a regulatory floodway (as defined in section 59.1 of title 44,Code of Federal Regulations(or a successor regulation));or (ii) any uninsured private nonprofit facility located in a special flood hazard area identified by the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C.4001 et seq.). (d) FLOOD INSURANCE- (1) RsoucnoN of FEDERAL ASSISTANCE-If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C.4001 et seq.)is damaged or destroyed, after the 180th day following November 23, 1988,by flooding in a major disaster and such facility is not covered on the date of such flooding by flood insurance,the Federal assistance which would otherwise be available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in accordance with paragraph (2). (2) AMOUNT OF REDUCTION-The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of- (A) the value of such facility on the date of the flood damage or destruction, or (B) the maximum amount of insurance proceeds which would have been payable with respect to such facility if such facility had been covered by flood insurance under the National Flood Insurance Act of 1968 on such date. (3) EXChnioN - Paragraphs (I) and (2) shall not apply to a private nonprofit 35 STAFFORD ACT>TITLE IV>§406 facility which is not covered by flood insurance solely because of the local government's failure to participate in the flood insurance program established by the National Flood Insurance Act. (4) DISSEMINATION OF INFORMATION - The President shall disseminate information regarding the reduction in Federal assistance provided for by this subsection to State and local governments and the owners and operators of private nonprofit facilities who may be affected by such a reduction. Note:The following version of subsection (e) remains in effect until the cost estimation procedures established under paragraph (3)of the revised version of subsection 406(e) —see next subsection— take effect. (e) Net ELIGIBLE COST- (1) GENERAL RULE-For purposes of this section, the cost of repairing,restoring, reconstructing,or replacing a public facility or private nonprofit facility on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes,specifications, and standards (including floodplain management and hazard mitigation criteria required by the President or by the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.))shall,at a minimum,be treated as the net eligible cost of such repair,restoration,reconstruction,or replacement. (2) SPECIAL RULE - In any case in which the facility being repaired, restored, reconstructed,or replaced,under this section was under construction on the dated of the major disaster, the cost of repairing,restoring, reconstruction, or replacing such facility shall include, for purposes of this section, only those costs which,under the contract for such construction, are the owner's responsibility and not the contractor's responsibility. Note:The following version of subsection 406(e)(1) and (2) becomes effective when the procedures established by paragraph(3)of this subsection take effect.Subsection 406(e)(4)is currently in effect. (e) ELIGIBLE COST- (1) DETERMINATION- (A) IN GENERAL-For the purposes of this section,the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility-- (i) on the basis of the design of the facility as the facility existed immediately before the major disaster;and (ii) in conformity with codes,specifications,and standards (including floodplain management and hazard mitigation criteria required by the President or under the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) applicable at the time at which the disaster occurred. 36 STAFFORD ACT> TITLE IV>§406 (B) COST ESTIMATION PROCEDURES- (i) IN GENERAL - Subject to paragraph (2), the President shall use the cost estimation procedures established under paragraph (3) to determine the eligible cost under this subsection. (ii) APPLICABILITY - The procedures specified in this paragraph and paragraph(2)shall apply only to projects the eligible cost of which is equal to or greater than the amount specified in section S189 of this title[Section 422]. (2) MODIFICATION of ELIGIBLE Cost - (A) ACTUAL COST GREATER THAN CEILING PERCENTAGE OF ESTIMATED COST - In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established under paragraph(3)of the cost estimated under paragraph(1),the President may determine that the eligible cost includes a portion of the actual cost of the repair,restoration,reconstruction,or replacement that exceeds the cost estimated under paragraph(1). (B) ACTUAL COST LESS THAN ESTIMATED COST- (1) GREATER THAN OR EQUAL TO FLOOR PERCENTAGE OF ESTIMATED COST-In any case in which the actual cost of repairing,restoring,reconstructing, or replacing a facility under this section is less than 100 percent of the cost estimated under paragraph(1),but is greater than or equal to the floor percentage established under paragraph(3)of the cost estimated under paragraph (1), the State or local government or person receiving funds under this section shall use the excess funds to carry out cost-effective activities that reduce the risk of future damage,hardship,or suffering from a major disaster. (ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED COST-In any case in which the actual cost of repairing,restoring,reconstructing,or replacing a facility under this section is less than the floor percentage established under paragraph (3) of the cost estimated under paragraph (1), the State or local government or person receiving assistance under this section shall reimburse the President in the amount of the difference. (C) No EFFECT ON APPEALS PROCESS-Nothing io this paragraph affects any right of appeal under section 5189a of this title[Section 423]. (3) EXPERT PANEL- (A) ESTABLISHMENT -Not later than 18 months after October 30, 2000, the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert panel, which shall include representatives from the construction industry and State and local government. 37 STAFFORD ACT>TITLE IV>§§406-407 (B) Dimes-The expert panel shall develop recommendations concerning- (i) procedures for estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industry practices;and (ii) the ceiling and floor percentages referred to in paragraph (2), (C) REGULATIONS - Taking into account the recommendations of the expert panel under subparagraph (B), the President shall promulgate regulations that establish.- (i) cost estimation procedures described in subparagraph (B)(i);and (ii) the ceiling and floor percentages referred to in paragraph (2). (0) Rsvizw BY PRESIDENT-Not later than 2 years after the date of promulgation of regulations under subparagraph (C) and periodically thereafter, the President shall review the cost estimation procedures and the ceiling and floor percentages established under this paragraph. (E) REPORT TO CONGRESS-Not later than I year after the date of.promulgation of regulations under subparagraph (C), 3 years after that date, and at the end of each 2-year period thereafter, the expert panel shall submit to Congress a report on the appropriateness of the cost estimation procedures. (4.) SPECIAL RULE - In any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction on the dace of the major disaster, the cost of repairing, restoring, reconstructing, or replacing the facility shall include, for the purposes of this section, only those costs that, under the contract for the construction, are the owner's responsibility and not the contractor's responsibility. Sec.407. Debris Removal(42 U.S.C.5173) (a) PRF LDENTIAL AUTHORITY - The President, whenever he determines it to be in the public interest,is authorized- (1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and (2) to make grants to any State or local government or owner or operator of a private non-profit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters. (b) AUTHORIZATION BY STATE OR LOCAL GOVERNMENT; INDEMNIFICATION AGREEMENT - No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property,and,in the case of removal of debris or wreckage from private property, shall first agree to indemnify the 38 STAFFORD ACT> TITLE IV>§§407-408 Federal Government against any claim arising from such removal. (c) Ruiss RELATING TO LARGE LOTS - The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots. (d) FEDERAL SHARE-The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section. (e) EXPEDITED PAYMENTS- (1) GRANT ASSISTANCE—In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President's initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph(2). (2) DATE OF PAYMENT — Not later than 60 days after the date of the estimate described in paragraph(1)and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section,an initial payment described in paragraph(1)shall be paid. Sec.408.Federal Assistance to Individuals and Households(42 U.S.C.5174)* (a) IN GENERAL- (1) PROVISION OF AsslsrANca - In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means. (2) RELATIONSHIP TO OTHER AssIsTANCE - Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1)., (3), or (4) of subsection (c) of this section solely on the basis that the individual or household has not applied for or received any loan or other.financial assistance from the Small Business Administration or any other Federal agency. (b) HOUSING ASSISTANCE- (1) Euctanrry - The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster. 39 STAFFORD ACT>TITLE IV>§408 (2) Der MtNATION of APPROPRIATE TYPES OF ASSISTANCE- (A) IN GENERAL - The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)( ) based on considerations of cost effectiveness, convenience to the individuals and households,and such other factors as the President may consider appropriate. (B) MULTLPLE TYPES OF ASSISTANCE - One or more types of housing assistance may be made available under this section, based on the suitability and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation. (C) TYPES OF HOUSING ASSISTANCE- (1) TEMPORARY HOUSING- (A) FINANCIAL.ASSISTANCE- (i) IN GENERAL - The President may provide financial assistance to individuals or households to rent alternate housing accommodations, existing rental units,manufactured housing,recreational vehicles, or other readily fabricated dwellings. Such assistance may include the payment of the cost of utilities,excluding telephone service. (ii) AMOUNT-The amount of assistance under clause(i)shall be based on the fair market rent for the accommodation provided plus the cost of any transportation, utility hookups, security deposits, or unit installation not provided directly by the President. (B) DIRECr ASSISTANCE- (i) IN GENERAL-The President may provide temporary housing units, acquired by purchase or lease,directly to individuals or households who, because of a lack of available housing resources, would be unable to make use of the assistance provided under subparagraph (A). (ii) LEASE AND REPAIR OF RENTAL UNITS FOR TEMPORARY HOUSING- (I)IN GENERAL-The President,to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may- (aa) enter into lease agreements with owners of multifamily rental property located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and (bb)make repairs or improvements to properties under such lease agreements,to the extent necessary to serve as safe and adequate temporary housing. (II) IMPROVEMENTS OR RLY.AIRS-Under the terms of any lease agreement 40 STAFFORD ACT>TITLE IV>§408 for property entered into under this subsection, the value of the improvements or repairs- (aa) shall be deducted from the value of the lease agreement; and (bb)may not exceed the value of the lease agreement. (iii) PERIOD OF ASSISTANCE-The President may not provide direct assistance under clause (i) with respect to a major disaster after the end of the 18-month period beginning on the date of the declaration of the major disaster by the President, except that the President may extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest. (iv) COLLECTION OF RENTAL CHARGES-After the end of the 18-month period referred to in clause(iii),the President may charge fair market rent for each temporary housing unit provided. (2) REPAIRS- (A) IN GENERAL,-The President may provide financial assistance for- (i) the repair of owner-occupied private residences, utilities, and residential infrastructure (such as a private access route) damaged by a major disaster to a safe and sanitary living or functioning condition;and (ii) eligible hazard mitigation measures that reduce the likelihood of future damage to such residences,utilities,or infrastructure. (B) RELATIONSHIP TO OTHER ASSISTANCE - A recipient of assistance provided under this paragraph shall not be required to show that the assistance can be met through other means,except insurance proceeds. (3) REPLACEMENT- (A) IN GENERAL. - The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major disaster. (B) APPI.ICABttrrY OF FLOOD INSURANCE REQUIREMENT-With respect to assistance provided under this paragraph, the President may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance. (4) PERMANENT HOUSING CoNsmucnoN - The President may provide financial assistance or direct assistance to individuals or households to construct permanent or semi-permanent housing in insular areas outside the continental United States and in other locations in cases in which- (A) no alternative housing resources are available; and 41 STAFFORD ACT> TITLE IV>§408 (B) the types of temporary housing assistance described in paragraph (1) are unavailable,infeasible, or not cost-effective. (d) TERMS AND CONDmONS RELATING TO HOUSI,NG ASSISTANCE- (1) Sams- (A) IN GENERAL-Any readily fabricated dwelling provided under this section shall,whenever practicable,be located on a site that- (i) is complete with utilities; (ii) meets the physical accessibility requirements for individuals with disabilities;and • (iii) is provided by the State or local government,by the owner of the site,or by the occupant who was displaced by the major disaster. (B) Srras PROVIDED BY THE PRESIDENT - A readily fabricated dwelling may be located on a site provided by the President if the President determines that such a site would be more economical or accessible. (2) DISPOSAL OF UNITS- (A) SALE TO OCCUPANTS- (i) IN GENERAL - Notwithstanding any other provision of law, a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims may be sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing. (ii) SALE PRICE-A sale of a temporary housing unit under clause(i)shall be at a price that is fair and equitable. (iii) DEPOSIT OF PROCEEDS-Notwithstanding any other provision of law, the proceeds of a sale under clause (i) shall be deposited in the appropriate Disaster Relief Fund account. (iv) HAZARD AND FLOOD INSURANCE-A sale of a temporary housing unit under clause(i)shall be made on the condition that the individual or household purchasing the housing unit agrees to obtain and maintain hazard and flood insurance on the housing unit. (v) USE OF GSA SERVICES - The President may use the services of the General Services Administration to accomplish a sale under clause(i). (B) OTHER METHODS OF DISPOSAL-If not disposed of under subparagraph(A), a temporary housing unit purchased under this section by the President for the purpose of housing disaster victims- (i) may be sold to any person;or (ii) may be sold, transferred, donated, or otherwise made available directly to a State or other governmental entity or to a voluntary 42 STAFFORD ACT>TITLE IV>§408 organization for the sole purpose of providing temporary housing to disaster victims in major disasters and emergencies if, as a condition of the sale, transfer, or donation, the State, other governmental agency,or voluntary organization agrees- (I) to comply with the nondiscrimination provisions of section 5151 of this title [Section 308];and (II) to obtain and maintain hazard and flood insurance on the housing unit. (e) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS- (1) MEDICAL, DENTAL, CHILD CARE, AND FUNERAL EXPENSES - The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, child care,and funeral expenses. (2) PERSONAL PROPERTY, TRANSPORTATION, .AND OTHER. EXPENSES - The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or household described in paragraph (1) to address personal property,transportation,and other necessary expenses or serious needs resulting from the major disaster. (I) STATE ROLE- (1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS- (A) GRANT TO STATE - Subject to subsection (g) of this section, a Governor may request a grant from the President to provide financial assistance to individuals and households in the State under subsection (e) of this section. (B) ADM:NISTRATIVT COSTS- A State that receives a grant under subparagraph (A)may expend not more than 5 percent of the amount of the grant for the administrative costs of providing financial assistance to individuals and households in the State under subsection(e)of this section. (2) ACCESS TO RECORDS - In providing assistance to individuals and households under this section,the President shall provide for the substantial and ongoing involvement of the States in which the individuals and households are located, including by providing to the States access to the electronic records of individuals and households receiving assistance under this section in order for the States to snake available any additional State and local assistance to the individuals and households. (g) COST SHARING- (I) FEDERAL SHARE-Except as provided i.n paragraph (2),the Federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. 43 STAFFORD ACT> TITLE IV>§§408,410 (2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS-In the case of financial assistance provided under subsection(e) of this section- (A) the Federal share shall be 75 percent;and (B) the non-Federal share shall be paid from funds made available by the State. (h) MAXIMUM AMOUNT OF ASSISTANCE- (1) IN GENERAL - No individual or household shall receive financial assistance greater than $25,000 under this section with respect to a single major disaster. (2) ADJUSTMENT OF LIMIT - The limit established under paragraph (1) shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. (1) VERIFICATION MEASURES- In carrying out this section, the President shall develop a system, including an electronic database, that shall allow the President, or the designee of the President,to- (1) verify the identity and address of recipients of assistance under this section to provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance; (2) minimize the risk of making duplicative payments or payments for fraudulent claims under this section; (3) collect any duplicate payment on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such duplicate payment; (4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of how such assistance is distributed; and (5) conduct an expedited and simplified review and appeal process for an individual or household whose application for assistance under this section is denied. (j) Rln.as AND REGULATIONS-The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining eligibility for assistance. Sec. 410. Unemployment Assistance(42 U.S.C.5177) (a) BENEFIT ASSISTANCE - The President is authorized to provide to any individual unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such individual is unemployed for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of tide 44 STAFFORD ACT> TITLE IV>§410,42 U.S.C.§51 77 a 26)23 or a waiting period credit.Such assistance as the President shall provide shall be available to an individual as long as the individual's unemployment caused by the major disaster continues or until the individual is reemployed in a suitable position, but no longer than 26 weeks after the major disaster is declared. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the disaster occurred. The President is directed to provide such assistance through agreements with States which,in his judgment,have an adequate system for administering such assistance through existing State agencies. (b) REEMPLOYMENT ASSISTANCE (1) STATE ASSISTANCE - A State shall provide, without reimbursement from any funds provided under this Act,reemployment assistance services under any other law administered by the State to individuals receiving benefits under this section. (2) FEDERAL ASSISTANCE - The President may provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster and who reside in a State which does not provide such services. Emergency Grants to Assist Low-Income Migrant and Seasonal Farmworkers (42 U.S.C.5177a)2a (a) IN GENERAL.-The Secretary of Agriculture may make grants to public agencies or private organizations with tax exempt status under section 501(c)(3) of title 26, that have experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national emergency or disaster has caused low-income migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or return home in anticipation of work shortages. Emergency services to be provided with assistance received under this section may include such types of assistance as the Secretary of Agriculture determines to be necessary and appropriate. (b) 'LOW-INCOME MIGRANT OR SEASONAL F.ARMwORKER. DEFINED - For the purposes of this section, the term "low-income migrant or seasonal farmworker" means an individual- (1) who has, during any consecutive 12 month period within the preceding 24 month period,performed farm work for wages; (2) who has received not less than one-half of such individual's total income,or been employed at least one-half of total work time in farm work;and (3) whose annual family income within the 12 month period referred to in paragraph (1) does not exceed the higher of the poverty level or 70 percent of the lower living standard income level. 23.The Internal Revenue Code of 1986. 24,This section was enacted as part of the Food,Agriculture,Conservation,and Trade Act of 1990, and not as part of the Robert T Stafford Disaster Relief and Emergency Assistance Act. 45 STAFFORD ACT> TITLE IV>,§§412-414 (c) AUTHORIZATION of APPROPRIATIONS - There are authorized to be appropriated such sums as may be necessary to carry out this section. Sec.412.Benefits and Distribution(42 U.S.C.5179) (a) PERSONS ELIGIBLE; TERMS AND CONDITIONS - Whenever the President determines that, as a result of a major disaster, low-income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe,to distribute through the Secretary of Agriculture or other appropriate agencies benefit allotments to such households pursuant to the provisions of the Food and Nutrition Act of 2008 of 196425(P.L. 91-671; 84 Stat. 2048) [7 U.S.C. 201 1 et seq.] and to make surplus commodities available pursuant to the provisions of this Act. (b) DURATION OF ASSISTANCE.; FACTORS CONSIDERED - The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such benefit allotments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning power of the households,to which assistance is made available under this section. (c) FooD AND NUTRITION Acr PROVISIONS UNAFFECTED - Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food and Nutrition Act of 2008 of 19642E [7 U.S.C. 2011 et seq.] except as they relate to the availability of supplemental nutrition assistance program benefits in an area affected by a major disaster. Sec.413. Food Commodities(42 U.S.C.5180) (a) EMERGENCY MASS FEEDING - The President is authorized and directed to assure that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emergency. (b) FUNDS FOR PURCHASE OF FOOD COMMODITIES-The Secretary of Agriculture shall utilize funds appropriated under section 612c of title 7, to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area. Sec.414. Relocation Assistance(42 U.S.C.5181) Notwithstanding any other provision of law,no person otherwise eligible for any kind of replacement housing payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) [42 U.S.C.4601 et seq.] shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act. 25.Typographical error in original. 26.Typographical error in original. 46 STAFFORD ACT>TITLE IV>§§415-417 Sec.415. Legal Services(42 U.S.C.5182) • Whenever the President determines that low-income individuals are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this Act, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations. Sec. 416. Crisis Counseling Assistance and Training(42 U.S.C.5183) The President is authorized to provide professional counseling services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath. Sec. 417. Community Disaster Loans(42 U.S.C.5184) (a) IN GENERAL- The President is authorized to make loans to any local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions. (b) AMOUNT-The amount of any such loan shall be based on need,shall not exceed- (1) 25 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs, and shall not exceed $5,000,000;or (2) if the loss of tax and other revenues of the local government as a result of the major disaster is at least 75 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs, 50 percent of the annual operating budget of that local government for the fiscal year in which the major disaster occurs,and shall not exceed$5,000,000. (C) REPAYMENT- (I) CANCELLATION - Repayment of all or any part of such loan to the extent that revenues of the local government during the three full fiscal year period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled. (2) CoNDmoN ON CONTINUING ELIGIBILITY-A local government shall not be eligible for further assistance under this section during any period in which the local government is in arrears with respect to a required repayment of a loan under this section. (d) EFFECT ON OTHER ASSISTANCE-Any loans made under this section shall not reduce or otherwise affect any grants or other assistance under this Act. 47 STAFFORD ACT> TITLE IV>§§418-421 Sec.418. Emergency Communications(42 U.S.C.5185) The President is authorized during,or in anticipation of,an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government Officials and other persons as he deems appropriate. Sec.419. Emergency Public Transportation(42 U.S.C.5186) The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers,stores, post offices, schools, major employment centers,and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible. Sec.420. Fire Management Assistance(42 U.S.C.5187) (a) IN GENERAL - The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster. (h) COORDINATION wrist STATE AND TRIBAL DEPARTMLNTS OF FORESTRY-In providing assistance under this section,the President shall coordinate with State and tribal departments of forestry. (c) ESSENTIAL ASSISTANCE-In providing assistance under this section, the President may use the authority provided under section S 1 70b of this title[Section 4031. (d) RULES AND REGULATIONS-The President shall prescribe such rules and regulations as are necessary to carry out this section. Sec. 421. Timber Sale Contracts(42 U.S.C.5188) (a) COST-SHARING ARRANGEMENT - Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and,as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (I) of more than$ 1,000 for sales under one million board feet, (2) of more than$1 per thousand board feet for sales of one to three million board feet,or(3)of more than$3,000 for sales over three million board feet,such increased construction cost shall be borne by the United States. (h) CANCELLATION OF AUTHORITY-If the appropriate Secretary determines that damages are so great that restoration,reconstruction,or construction is not practical under the cost-sharing arrangement authorized by subsection(a)of this section,he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein. 48 STAFFORD ACT>TITLE IV>§§421-422 (c) Puauc NOTICE OF SALE-The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476 of title 1627 in connection with the sale of timber from national forests,whenever the Secretary determines that(1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or(3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber. (d) STATE GRANTS FOR REMOVAL OF DAMAGED TIMBER; REIMBURSEMENT OF EXPENSES LIMITED To SALVAGE VALUE OF REMOVED TIMBER-The President, when he determines it to be in the public interest,is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber,not to exceed the amount that such expenses exceed the salvage value of such timber. Sec. 422. Simplified Procedure(42 U.S.C.5189)* (a) IN GENERAL-If the Federal estimate of the cost of- (1) Repairing, restoring, reconstructing, or replacing under section 5172 of this title [Section 406] any damaged or destroyed public facility or private nonprofit facility, (2) emergency assistance under section 5170b or 5192 of this title[Section 403 or 502],or (3) debris removed under section 5173 of this title[Section 407], is less than $35,000 (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)), the President (on application of the State or local government or the owner or operator of the private nonprofit facility)may make the contribution to such State or local government or owner or operator under section 51706,51 72,5173,or 5192 of this title[Section 403,406,407,or 502],as the case may be,on the basis of such Federal estimate. Such$35,000 amount or,if applicable, the amount established under subsection (b), shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. (b) THRESHOLD- (1) REPORT- Not later than 1 year after January 29, 2013, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the"Administrator"),shall— (A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include 27.Section 476 of title 16 was repealed by Pub.L.94-588,§13,Oct.22,1976,90 Stat.2958. 49 STAFFORD ACT>TITLE IV>§§422-425 consideration of cost-effectiveness, speed of recovery, capacity of grantees,past performance,and accountability measures; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph(A). (2) AMOUNT-After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to- (A) immediately establish a threshold for eligibility under this section in an appropriate count,without regard to chapter 5 of title 5;and (B) adjust the threshold annually to reflect changes in.the Consumer Price Index for all Urban Consumers published by the Department of Labor. (3) Rsvaw - Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph(2),and every 3 years thereafter,the President, acting through the Administrator, shall review the threshold for eligibility under this section. Sec.423.Appeals of Assistance Decisions(42 U.S.C.5189a)* (a) RIGHT of APPEAL - Any decision regarding eligibility for, from, or amount of assistance under this title may be appealed within 60 days after the date on which the applicant for such assistance is notified of the award or denial of award of such assistance. (b) Ptstion FOR DECISION-A decision regarding an appeal under subsection (a) of this section shall he rendered within 90 days after the date on which the Federal official designated to administer such appeals receives notice of such appeal. (c) RuLs - The President shall issue rules which provide for the fair and impartial consideration of appeals under this section. The Sandy Recovery Improvement Act of 2013 enacted a"Dispute Resolution Pilot Program"set out as a note under section 423 (42 U.S.C.5189a).For the full text of this note,see page 79. Sec.424.Date of Eligibility;Expenses Incurred Before Date of Disaster (42 U.S.C.53.89b) Eligibility for Federal assistance under this title shall begin on the date of the occurrence of the event which results in a declaration by the President that a major disaster exists; except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this Act. Sec.425.Transportation Assistance to Individuals and Households (42 U.S.C.5189c) The President may provide transportation assistance to relocate individuals displaced 50 STAFFORD ACT>TITLE IV>§§426-427 from their predisaster primary residences as a result of an incident declared under this Act or otherwise transported from their predisaster primary residences under section 5170b(a)(3)or 5192 of this title[Sections 403(a)(3)or 502],to and from alternative locations for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location, as determined necessary by the President. Sec.426. Case Management Services(42 U.S.C.5189d) The President may provide case management services,including financial assistance,to State or local government agencies or qualified private organizations to provide such services,to victims of major disasters to identify and address unmet needs. Sec.427.Essential Service Providers(42 U.S.C.5189e)*28 (a) DEFINITION-In this section, the term "essential service provider"means an entity that- (I) provides- (A) telecommunications service; (B) electrical power; (C) natural gas; (D) water and sewer services;or (E) any other essential service,as determined by the President; (2) is- (A) a municipal entity; (B) a nonprofit entity;or (C) a private,for profit entity; and (3) is contributing to efforts to respond to an emergency or major disaster. (b) AUTHORIZATION FOR AccEsslal rrY - Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not- (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service;or (2) impede the restoration or repair of the services described in subsection (a)(1). 28.Formerly labeled§425,as added Pub.L.109-347,title VI,§607,Oct.13,2006,120 Stat.1941; renumbered§427,Pub.L.113-2,dlv.B,§1102(1),Jan.29,2013,127 Stat.39. This was the only change to this section made by the Sandy Recovery Improvement Act of 2013. 51 STAFFORD ACT>TITLE IV>§428 (c) IMPLEMENTATION-In implementing this section, the head of a Federal agency shall follow all applicable Federal laws,regulation, and policies. Sec.428. Public Assistance Program Alternative Procedures(42 U.S.C.5189f)* (a) APPROVAL OF PsotsCrs-The President,acting through the Administrator of the Federal Emergency Management Agency, may approve projects under the alternative procedures adopted under this section for any major disaster or emergency declared on or after January 29, 20I3. The Administrator may also apply the alternate procedures adopted under this section to a major disaster or emergency declared before enactment of this Act for which construction has not begun as of the date of enactment of this Act.29 (b) ADOPTION - The Administrator, in coordination with States, tribal and local governments, and owners or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided under sections 5170b(a)(3)(A),5172,5173,and 5192(a)(5)of this title[Sections 403(a)(3)(A), 406, 407,and 502(a)(5)]. (c) GOALS or PROCEDURES - The alternative procedures adopted under subsection (a) shall further the goals of- (I) reducing the costs to the Federal Government of providing such assistance; (2) increasing flexibility in the administration of such assistance; (3) expediting the provision of such assistance to a State, tribal or local government,or owner or operator of a private nonprofit facility; and (4) providing financial incentives and disincentives for a State, tribal or local government, or owner or operator of a private nonprofit facility for the timely and cost-effective completion of projects with such assistance. (d) PARTICIPATION - Participation in the alternative procedures adopted under this section shall be at the election of a State, tribal or local government,or owner or operator of a private nonprofit facility consistent with procedures determined by the Administrator. (e) MINIMUM PROCEDURES-The alternative procedures adopted under this section shall include the following; (I) For repair,restoration, and replacement of damaged facilities under section 5172 of this title[Section 406]- (A) making grants on the basis of fixed estimates,if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the estimate; (B) providing an option for a State, tribal or local government, or owner 29.This probably means the date of enactment of Pub.L.113-2,enacted and approved on Jan.29, 2013. 52 STAFFORD ACT>TITLE IV>§428 or operator of a private nonprofit facility to elect to receive an in-lieu contribution,without reduction,on the basis of estimates of- (i) the cost of repair, restoration, reconstruction, or replacement of a public facility owned or controlled by the State, tribal or local government or owner or operator of a private nonprofit facility; and (ii)management expenses; (C) consolidating,to the extent determined appropriate by the Administrator, the facilities of a State,tribal,or local government,or owner or operator of a private nonprofit facility as a single project based upon the estimates adopted under the procedures; (D) if the actual costs of a project completed under the procedures are less than the estimated costs thereof,the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for- (i) cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster;and (ii) other activities to improve future Public Assistance operations or planning; (E) in determining eligible costs under section 5172 of this title [Section 406], the Administrator shall make available, at an applicant's request and where the Administrator or the certified cost estimate prepared by the applicant's professionally licensed engineers has estimated an eligible Federal share for a project of at least$5,000,000,an independent expert panel to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section;and (F) in determining eligible costs under section 5172 of this tide [Section 406],the Administrator shall,at the applicant's request,consider properly conducted and certified cost estimates prepared by professionally licensed engineers (mutually agreed upon by the Administrator and the applicant), to the extent that such estimates comply with applicable regulations,policy,and guidance. (2) For debris removal under sections 5170b(a)(3)(A), 5173, and 5192(a)(5) of this title[Sections 403(a)(3)(A), 407, and 502(a)(5)]- (A) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost-effective completion if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible to pay for any actual costs that exceed the estimate; (B) using a sliding scale for determining the Federal share for removal of debris and wreckage based on the time it takes to complete debris and wreckage removal; 53 STAFFORD ACT> TITLE IV>§428 (C) allowing use of program income from recycled debris without offset to the grant amount; (D) reimbursing base and overtime wages for employees and extra hires of a State, tribal or local government, or owner or operator of a private nonprofit facility performing or administering debris and wreckage removal; (E) providing incentives to a State or tribal government to have a debris management plan approved by the Administrator and have pre-qualified 1 or more debris and wreckage removal contractors before the date of declaration of the major disaster;and (F) if the actual costs of projects under subparagraph (A) are less than the estimated costs of the project, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for- (i) debris management planning; (ii) acquisition of debris management equipment for current or future use;and (iii) other activities to improve future debris removal operations, as determined by the Administrator. (f) WAIVER AUTHORITY-Until such time as the Administrator promulgates regulations to implement this section,the Administrator may- (1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section;and (2) carry out the alternative procedures under this section as a pilot program. (g) OVERTIME PAYMENTS-The guidelines for reimbursement for costs under subsection (e)(2)(D) shall ensure that no State or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C.201 et seq.). (h) REPORT- (I) IN GENERAL-Not earlier than 3 years,and not later than 5 years,after January 29, 2013, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair,restoration,and replacement of damaged facilties under section 5172 of this title [Section 406] authorized under this section. (2) CONTENTS-The report shall contain an assessment of the effectiveness of the alternative procedures,including- (A) whether the alternative procedures helped to improve the general speed of disaster recovery; (B) the accuracy of the estimates relied upon; 54 STAFFORD ACT>TITLE IV>§429 (C) whether the financial incentives and disincentives were effective; (D) whether the alternative procedures were cost effective; (E) whether the independent expert panel described in subsection(e)(I)(E) was effective;and (F) recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures. Sec.429. Unified Federal Review(42 U.S.C.5189g)* (a) IN GENERAL-Not later than 18 months after January 29, 2013, and in consultation with the Council on Environmental.Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process,consistent with applicable law. (b) CONTENTS - The review process established tinder this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with a applicable law. 55 STAFFORD ACT>TITLE V>§501 Title V- Emergency Assistance Programs Sec. 501. Procedure for Declaration(42 U.S.C.5191)* (a) REQUEST AND DECLARATION -All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State.Such a request shall be based on a fording that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary.As a part of such request,and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan.The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency,and will define the type and extent of Federal aid required. Based upon such Governor's request,the President may declare that an emergency exists. (b) CERTAIN EMERGENCIES INVOLVING FEDERAL PRIMARY RESPONSIBILITY - The President may exercise any authority vested in him by section 5192 of this tide or section 5193 of this title[Sections 502 or 503]with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with die United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority.In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State,if practicable.The President's determination may be made without regard to subsection (a) of this section. (C) INDIAN TP.IB,v.GOVERNMEN.T REQUESTS- (1) IN GENERAL-The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection(a). (2) REFERENCES - In implementing assistance authorized by the President under this subchapter in response tc a request of the Chief Executive of an affected Indian tribal government for an emergency declaration,any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title [Sections 310 and 326]) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government,as appropriate. (3) SAYINGS PROVISION -Nothing in this subsection shall prohibit an Indian tribal government from receving assistance under this subchapter through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. 56 STAFFORD ACT> TITLE V>5 502 Sec. 502.Federal Emergency Assistance(42 U.S.C.5192) (a) SPECIFIED-In any emergency,the President may- (1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations; (2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments; (3) provide technical and advisory assistance to affected State and local governments for- (A) the performance of essential community services; (B) issuance of warnings of risks or hazards; (C) public health and safety information, including dissemination of such information; (D) provision of health and safety measures;and (E) management, control, and reduction of immediate threats to public health and safety; (4) provide emergency assistance through Federal agencies; (5) remove debris in accordance with the terms and conditions of section 5173 of this title[Section 407]; (6) provide assistance in accordance with section 5174 of this title [Section 408]; (7) assist State and local governments in the distribution of medicine,food,and other consumable supplies,and emergency assistance;and (8) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President- (A) shall, to the fullest extent practicable, promptly notify and coordinate with a State in which such assistance or support is provided; and (B) shall not,in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of an emergency. 57 STAFFORD ACT> TITLE V>§503 (b) GENERAL-Whenever the Federal assistance provided under subsection (a) of this section with respect to an emergency is inadequate,the President may also provide assistance with respect to efforts to save lives,protect property and public health and safety,and lessen or avert the threat of a catastrophe,including precautionary evacuations. (c) GUIDELINES - The President shall promulgate and maintain guidelines to assist Governors in requesting the declaration of an emergency in advance of a natural or man-made disaster(including for the purpose of seeking assistance with special needs and other evacuation efforts) under this section by defining the types of assistance available to affected States and the circumstances under which such requests are likely to be approved. Sec. 503.Amount of Assistance(42 U.S.C.5193) (a) FEDERAL SHARE-The Federal share for assistance provided under this title shall be equal to not less than 75 percent of the eligible costs. (b) LIMIT ON AMOUNT OF ASSISTANCE- (1) IN GENERAL - Except as provided in paragraph (2), total assistance provided under this title for a single emergency shall not exceed$5,000,000. {2) AnorrtoNAL ASSISTANCE - The limitation described in paragraph (1) may be exceeded when the President determines that- (A) continued emergency assistance is immediately required; (B) there is a continuing and immediate risk to lives,property,public health or safety;and (C) necessary assistance will not otherwise be provided on a timely basis. (3) REPORT-Whenever the limitation described in paragraph(1)is exceeded,the President shall report to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if necessary. 58 7 i —.i STAFFORD ACT>TITLE VI>§§601-602 Title VI - Emergency Preparedness Sec.601.Declaration of policy(42 U.S.C.5195) The purpose of this title is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions.The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction,coordination,and guidance,and shall provide necessary assistance, as authorized in this title so that a comprehensive emergency preparedness system exists for all hazards. Sec. 602. Definitions(42 U.S.C.5195a) (a) DEFINITIONS-For purposes of this title only: (1) HAZARD - The term "hazard" means an emergency or disaster resulting from— (A) a natural disaster;or (B) an accidental or man-caused event. (2) NATURAL DISASTER-The term"natural disaster"means any hurricane,tornado, storm,flood,high water,wind-driven water,tidal wave,tsunami,earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause,substantial damage or injury to civilian property or persons. (3) EMERGENCY PREPAREDNESS - The term "emergency preparedness" means all those activities and measures designed or undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard. Such term includes the following: (A) Measures to be undertaken in preparation for anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the provision of suitable warning systems, the construction or preparation of shelters, shelter areas, and control centers, and,when appropriate, the non-military evacuation of the civilian population). (B) Measures to be undertaken during a hazard(including the enforcement 59 STAFFORD ACT> TITLE VI>§§602-603 of passive defense regulations prescribed by duly established military or civil authorities, the evacuation of personnel to shelter areas, the control of traffic and panic,and the control and use of lighting and civil communications). (C) Measures to be undertaken following a hazard (including activities for fire fighting,rescue, emergency medical,health and sanitation services, monitoring for specific dangers of special weapons,unexploded bomb reconnaissance,essential debris clearance,emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities). (4) ORGANIZATIONAL EQUIPMENT - The term "organizational equipment" means equipment determined by the Administrator to be necessary to an emergency preparedness organization, as distinguished from personal equipment, and of such a type or nature as to require it to be financed in whole or in part by the Federal Government.Such term does not include those items which the local community normally uses in combating local disasters, except when required in unusual quantities dictated by the requirements of the emergency preparedness plans. (5) MATERIALS-The term"materials"includes raw materials,supplies,medicines, equipment, component parts and technical information and processes necessary for emergency preparedness. (6) FACILITIES - The term "facilities", except as otherwise provided in this title, includes buildings,shelters,utilities,and land. (7) ADMINISTRATOR - The term "Administrator" means the Administrator of the Federal Emergency Management Agency. (8) NEIGHBORING COUNTRIES-The term "neighboring countries" includes Canada and Mexico. (9) UNrrED STATES AND STATES-The terms "United States '' and "States"includes30 the several States,the District of Columbia,and territories and possessions of the United States. (10)STATE - The term "State" includes interstate emergency preparedness authorities established under section 5196(h) of this title[Section 611(h)]. (b) CROSS REFERENCE - The terms "national defense" and "defense", as used in the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes3' emergency preparedness activities conducted pursuant to this title. Sec.603.Administration of Title(42 U.S.C.5195b) This title shall be carried out by the Administrator of the Federal Emergency Management Agency. 30.Typographical error In original;should probably be"Include.' 31.Typographical error in original;should probably be"Include." 60 _T 1 STAFFORD ACT>TITLE VI>42 U.S.C.§5195c Critical Infrastructures Protection(42 U.S.C.5195c)32 (a) SHORT TITLE -This section may be cited as the "Critical Infrastructures Protection Act of 2001". (b) FINDINGS-Congress makes the following findings: (1) The information revolution has transformed the conduct of business and the operations of government as well as the infrastructure relied upon for the defense and national security of the United States. (2) Private business,government,and the national security apparatus increasingly depend on an interdependent network of critical physical and information infrastructures, including telecommunications, energy, financial services, water,and transportation sectors. (3) A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and quality of life in the United States. (4) This national effort requires extensive modeling and analytic capabilities for purposes of evaluating appropriate mechanisms to ensure the stability of these complex and interdependent systems, and to underpin policy recommendations, so as to achieve the continuous viability and adequate protection of the critical infrastructure of the Nation. (c) PoucY OF THE UNITED STATES-It is the policy of the United States- (1) that any physical or virtual disruption of the operation of the critical infrastructure of the United States be rare, brief, geographically limited in effect, manageable, and minimally detrimental to the economy,human and government services,and national security of the United States; (2) that actions necessary to achieve the policy stated in paragraph(1)be carried out in a public-private partnership involving corporate and non-governmental organizations;and (3) to have in place a comprehensive and effective program to ensure the continuity of essential Federal Government functions under all circumstances. (d) ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL INFRASTRUCTURE PROTECTION (1) SUPPORT OF CRITICAL INFRASTRUCTURE PROTECTION AND CONTINUITY BY NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER-There shall be established the National Infrastructure Simulation and Analysis Center (NISAC) to serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, and risk mitigation. 32.This section was enacted as the Critical Infrastructures Protection Act of 2001 and also as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Ob- struct Terrorism Act of 2001 or USA PATRIOT Act,and not as part of the Robert T.Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. 61 ■ J STAFFORD ACT>TITLE VI>42 U.S.C.§5195c,§611 (2) PARTICULAR SUPPORT-The support provided under paragraph(1)shall include the following: (A) Modeling, simulation, and analysis of the systems comprising critical infrastructures, including cyber infrastructure, telecommunications infrastructure, and physical infrastructure, in order to enhance understanding of the large-scale complexity of such systems and to facilitate modification of such systems to mitigate the threats to such systems and to critical infrastructure generally. (B) Acquisition from State and local governments and the private sector of data necessary to create and maintain models of such systems and of critical infrastructures generally. (C) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide education and training to policymakers on matters relating to- (i) the analysis conducted under that subparagraph; (ii) the implications of unintended or unintentional disturbances to critical infrastructures;and (iii) responses to incidents or crises involving critical infrastructures, including the continuity of government and private sector activities through and after such incidents or crises. (D) Utilization of modeling, simulation, and analysis under subparagraph (A) to provide recommendations to policymakers, and to departments and agencies of the Federal Government and private sector persons and entities upon request, regarding means of enhancing the stability of, and preserving,critical infrastructures. (3) RECIPIENT OF CERTAIN SUPPORT - Modeling, simulation, and analysis provided under this subsection shall be provided, in particular, to relevant Federal, State, and local entities responsible for critical infrastructure protection and policy. (e) CRIncAI.INFRASTRUCTURE DEFINED- In this section, the term "critical infrastructure" means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security,national economic security,national public health or safety, or any combination of those matters. (f) AUTHORIZATION OF APPROPRIATIONS - There is hereby authorized for the Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year. 62 Ji STAFFORD ACT>TITLE VI>§611 SUBTITLE A - POWERS AND DUTIES Sec. 611. Detailed Functions of Administration(42 U.S.C.5196) (a) IN GENERAL - In order to carry out the policy described in section 5195 of this title [Section 601], the Administrator shall have the authorities provided in this section. (b) FEDERAL EMERGENCY RESPONSE PLANS AND PROGRAMS - The Administrator may prepare Federal response plans and programs for the emergency preparedness of the United States and sponsor and direct such plans and programs. To prepare such plans and programs and coordinate such plans and programs with State efforts, the Administrator may request such reports on State plans and operations for emergency preparedness as may be necessary to keep the President,Congress,and the States advised of the status of emergency preparedness in the United States. (c) DELEGATION OF EMERGENCY PREPAREDNESS RESPONSIBILITIES - With the approval of the President, the Administrator may delegate to other departments and agencies of the Federal Government appropriate emergency preparedness responsibilities and review and coordinate the emergency preparedness activities of the departments and agencies with each other and with the activities of the States and neighboring countries. (d) COMMUNICATIONS AND WARNINGS-The Administrator may make appropriate provision for necessary emergency preparedness communications and for dissemination of warnings to the civilian population of a hazard. (e) EMERGENCY PREPAREDNESS MEASURES - The Administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and property,including- (1) research and studies as to the best methods of treating the effects of hazards; (2) developing shelter designs and materials for protective covering or construction; (3) developing equipment or facilities and effecting the standardization thereof to meet emergency preparedness requirements;and (4) plans that take into account the needs of individuals with pets and service animals prior to,during,and following a major disaster or emergency. (f) TRAINING PROGRAMS- (1) The Administrator may- (A) conduct or arrange, by contract or otherwise, for training programs for the instruction of emergency preparedness officials and other persons in the organization, operation, and techniques of emergency preparedness; (B) conduct or operate schools or including the payment of travel expenses, in accordance with subchapter I of chapter 57 of tide 5 and the 63 J i STAFFORD ACT> TITLE VI>§611 Standardized Government Travel Regulations,and per diem allowances, in lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms prescribed by the Administrator;and (C) provide instructors and training aids as necessary. (2) The terms prescribed by the Administrator for the payment of travel expenses and per diem allowances authorized by this subsection shall include a provision that such payment shall not exceed one-half of the total cost of such expenses. (3) The Administrator may lease real property required for the purpose of carrying out this subsection, but may not acquire fee tide to property unless specifically authorized by law. (g) PUBLIC DISSEMINATION OF EMERGENCY PREPAREDNESS INrotuMATt0N-The Administrator may publicly disseminate appropriate emergency preparedness information by all appropriate means. (h) EMERGENCY PREPAREDNESS COMPACTS- (1) The Administrator shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism, disasters, and emergencies throughout the Nation,by- (A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the State and local levels of government; (B) disseminating to State and local governments examples of best practices in the development of emergency preparedness compacts and models of existing emergency preparedness compacts, including agreements involving interstate jurisdictions;and (C) completing an inventory of Federal response capabilities for acts of terrorism, disasters, and emergencies, making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable. (2) The Administrator may- (A) assist and encourage the States to negotiate and enter into interstate emergency preparedness compacts; (B) review the terms and conditions of such proposed compacts in order to assist, to the extent feasible, in obtaining uniformity between such compacts and consistency with Federal emergency response plans and programs; (C) assist and coordinate the activities under such compacts;and (D) aid and assist in encouraging reciprocal emergency preparedness legislation by the States which will permit the furnishing of mutual aid 64 STAFFORD ACT> TITLE VI>§611 for emergency preparedness purposes in the event of a hazard which cannot be adequately met or controlled by a State or political subdivision thereof threatened with or experiencing a hazard. (3) A copy of each interstate emergency preparedness compact shall be transmitted promptly to the Senate and the House of Representatives. The consent of Congress is deemed to be granted to each such compact upon the expiration of the 60-day period beginning on the date on which the compact is transmitted to Congress. (4) Nothing in this subsection shall be construed as preventing Congress from disapproving, or withdrawing at any time its consent to, any interstate emergency preparedness compact. (i) MATERIALS AND FACILITIES- (1) The Administrator may procure by condemnation or otherwise, construct, lease,transport,store,maintain,renovate or distribute materials and facilities for emergency preparedness, with the right to take immediate possession thereof. (2) Facilities acquired by purchase, donation, or other means of transfer may be occupied, used, and improved for the purposes of this title before the approval of title by the Attorney General as required by sections 3111 and 3112 of title 40. (3) The Administrator may lease real property required for the purpose of carrying out the provisions of this subsection,but shall not acquire fee title to property unless specifically authorized by law. (4) The Administrator may procure and maintain under this subsection radiological, chemical, bacteriological, and biological agent monitoring and decontamination devices and distribute such devices by loan or grant to the States for emergency preparedness purposes, under such terms and conditions as the Administrator shall prescribe. (j) FINANCIAL CONrRInmoNS- (1) The Administrator may make financial contributions,on the basis of programs or projects approved by the Administrator, to the States for emergency preparedness purposes,including the procurement,construction,leasing,or renovating of materials and facilities. Such contributions shall be made on such terms or conditions as the Administrator shall prescribe,including the method of purchase,the quantity,quality,or specifications of the materials or facilities,and such other factors or care or treatment to assure the uniformity, availability,and good condition of such materials or facilities. (2) The Administrator may make financial contributions,on the basis of programs or projects approved by the Administrator,to the States and local authorities for animal emergency preparedness purposes, including the procurement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate people with pets and service animals. 65 STAFFORD ACT>TITLE VI>§611 (3) No contribution may be made under this subsection for the procurement of land or for the purchase of personal equipment for State or local emergency preparedness workers. (4) The amounts authorized to be contributed by the Administrator to each State for organizational equipment shall be equally matched by such State from any source it determines is consistent with its laws. (5) Financial contributions to the States for shelters and other protective facilities shall be determined by taking the amount of funds appropriated or available to the Administrator for such facilities in each fiscal year and apportioning such funds among the States in the ratio which the urban population of the critical target areas(as determined by the Administrator)in each State,at the time of the determination,bears to the total urban population of the critical target areas of all of the States. (6) The amounts authorized to be contributed by the Administrator to each State for such shelters and protective facilities shall be equally matched by such State from any source it determines is consistent with its laws and, if not matched within a reasonable time, the Administrator may reallocate such amounts to other States under the formula described in paragraph(4).33 The value of any land contributed by any State or political subdivision thereof shall be excluded from the computation of the State share under this subsection. (7) The amounts paid to any State under this subsection shall be expended solely in carrying out the purposes set forth herein and in accordance with State emergency preparedness programs or projects approved by the Administrator. The Administrator shall make no contribution toward the cost of any program or project for the procurement,construction, or leasing of any facility which (A) is intended for use, in whole or in part, for any purpose other than emergency preparedness, and (B) is of such kind that upon completion it will, in the judgment of the Administrator, be capable of producing sufficient revenue to provide reasonable assurance of the retirement or repayment of such cost; except that (subject to the preceding provisions of this subsection)the Administrator may make a contribution to any State toward that portion of the cost of the construction,reconstruction, or enlargement of any facility which the Administrator determines to be directly attributable to the incorporation in such facility of any feature of construction or design not necessary for the principal intended purpose thereof but which is,in the judgment of the Administrator necessary for the use of such facility for emergency preparedness purposes. (8) The Administrator shall submit to Congress a report, at least annually, regarding all contributions made pursuant to this subsection. (9) All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of any contribution of Federal funds made by the Administrator under this 33.This was redesignated paragraph(5)by Pub.L.109-308,§3(2),Oct.6,2006,120 Stat.1725. 66 STAFFORD ACT>TITLE VI>§§612-613 subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40, and every such employee shall receive compensation at a rate not less than one and 1/2 times the basic rate of pay of the employee for all hours worked in any workweek in excess of eight hours in any workday or 40 hours in the workweek,as the case may be.The Administrator shall make no contribution of Federal funds without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C.App.) and section 3145 of title 40. (k) SALE OR DISPOSAL of CERTAIN MATERIALS AND FAOLmES-The Administrator may arrange for the sale or disposal of materials and facilities found by the Administrator to be unnecessary or unsuitable for emergency preparedness purposes in the same manner as provided for excess property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 4710, and 4711) of subtitle I of tide 41. Any funds received as proceeds from the sale or other disposition of such materials and facilities shall be deposited into the Treasury as miscellaneous receipts. Sec. 612. Mutual Aid Pacts Between States and Neighboring Countries (42 U.S.C.5196a) The Administrator shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency preparedness aid between the States and neighboring countries. Sec. 613. Contributions for Personnel and Administrative Expenses (42 U.S.C.5196b) (a) GENERAL Aumos.rrr - To further assist in carrying out the purposes of this title, the Administrator may make financial contributions to the States (including interstate emergency preparedness authorities established pursuant to section 5196(h) of this title [Section 611(h)]) for necessary and essential State and local emergency preparedness personnel and administrative expenses, on the basis of approved plans (which shall be consistent with the Federal emergency response plans for emergency preparedness)for the emergency preparedness of the States. The financial contributions to the States under this section may not exceed one- half of the total cost of such necessary and essential State and local emergency preparedness personnel and administrative expenses. (b) PLAN REQUIREMENTS-A plan submitted under this section shall- (1) provide,pursuant to State law, that the plan shall be in effect in all political subdivisions of the State and be mandatory on them and be administered or supervised by a single State agency; 67 STAFFORD ACT>TITLE VI>§613 (2) provide that the State shall share the financial assistance with that provided by the Federal Government under this section from any source determined by it to be consistent with State law; (3) provide for the development of State and local emergency preparedness operational plans, including a catastrophic incident annex, pursuant to standards approved by the Administrator; (4) provide for the employment of a full-time emergency preparedness director, or deputy director,by the State; (5) provide that the State shall make such reports in such form and content as the Administrator may require; (6) make available to duly authorized representatives of the Administrator and the Comptroller General, books, records, and papers necessary to conduct audits for the purposes of this section;and (7) include a plan for providing information to the public in a coordinated manner. (C) CATASTROPHIC INCIDENT ANNEX- (1) CONSISTENCY - A catastrophic incident annex submitted under subsection (b)(3) shall be- (A) modeled after the catastrophic incident annex of the National Response Plan; and (B) consistent with the national preparedness goal established under section 743 of title 6,34 the National Incident Management System,the National Response Plan,and other related plans and strategies. (2) CONSULTATION - In developing a catastrophic incident annex submitted under subsection (b)(3), a State shall consult with and seek appropriate comments from local governments, emergency response providers, locally governed multijurisdictional councils of government,and regional planning commissions. (d) TouviS AND CONDITIONS - The Administrator shall establish such other terms and conditions as the Administrator considers necessary and proper to carry out this section. (e) APPLICATION OF OTHER PROVISIONS - In carrying out this section, the provisions of section35 5196(h) and 5197(h) of this tide [Sections 611(h) and 621(h)] shall apply. (f) ALLOcATIoN OF FUNDS-For each fiscal year concerned,the Administrator shall allocate to each State, in accordance with regulations and the total sum appropriated under this title, amounts to be made available to the States for the purposes of this section.Regulations governing allocations to the States under this subsection 34.Section 643 of the Post-Katrina Emergency Management Reform Act of 2006. 35.Typographical error in original;should probably be"sections." 68 STAFFORD ACT> TITLE VI>§§613-615 shall give due regard to (1) the criticality of the areas which may be affected by hazards with respect to the development of the total emergency preparedness readiness of the United States, (2)the relative state of development of emergency preparedness readiness of the State, (3)population, and (4)such other factors as the Administrator shall prescribe.The Administrator may reallocate the excess of any allocation not used by a State in a plan submitted under this section.Amounts paid to any State or political subdivision under this section shall be expended solely for the purposes set forth in this section. (g) STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS OPERATIONAL PLANS-In approving standards for State and local emergency preparedness operational plans pursuant to subsection(b)(3),the Administrator shall ensure that such plans take into account the needs of individuals with household pets and service animals prior to,during, and following a major disaster or emergency. (h) SUBMISSION OF PLAN - If a State fails to submit a plan for approval as required by this section within 60 days after the Administrator notifies the States of the allocations under this section, the Administrator may reallocate such funds, or portions thereof, among the other States in such amounts as, in the judgment of the Administrator, will best assure the adequate development of the emergency preparedness capability of the United States. (h) ANNUAL REPORTS - The Administrator shall report annually to the Congress all contributions made pursuant to this section.36 Sec. 614.Grants for Construction of Emergency Operations Centers (42 U.S.C.5196c) (a) GRANTS - The Administrator of the Federal Emergency Management Agency may make grants to States under this subchapter for equipping, upgrading, and constructing State and local emergency operations centers. (b) FEDERAL SHARE-Notwithstanding any other provision of this subchapter,the Federal share of the cost of an activity carried out using amounts from grants made under this section shall not exceed 75 percent. Sec. 615. Use of Funds to Prepare for and Respond to Hazards (42 U.S.C.5196d) Funds made available to the States under this title may be used by the States for the purposes of preparing for hazards and providing emergency assistance in response to hazards. Regulations prescribed to carry out this section shall authorize the use of emergency preparedness personnel, materials, and facilities supported in whole or in part through contributions under this title for emergency preparedness activities and measures related to hazards. 36.Typographical error in original;two sections'(h)"have been enacted. 69 STAFFORD ACT>TITLE VI>42 U.S.C.§5196e,§616 Radiological Emergency Preparedness Fund(42 U.S.C.5196e)37 There is hereby established in the Treasury a Radiological Emergency Preparedness Fund, which shall be available under the Atomic Energy Act of 1954[42 U.S.C. 2011 et seq.], as amended, and Executive Order 12657, for offsite radiological emergency planning.preparedness,and response. Beginning in fiscal year 1999 and thereafter,the Administrator of the Federal Emergency Management Agency(FEMA)shall promulgate through rulemaking fees to be assessed and collected, applicable to persons subject to FEMA's radiological emergency preparedness regulations. The aggregate charges assessed pursuant to this section during fiscal year 1999 shall not be less than 100 percent of the amounts anticipated by FEMA necessary for its radiological emergency preparedness program for such fiscal year. The methodology for assessment and collection of fees shall be fair and equitable; and shall reflect costs of providing such services, including administrative costs of collecting such fees. Fees received pursuant to this section shall be deposited in the Fund as offsetting collections and will become available for authorized purposes on October 1, 1999, and remain available until expended. Sec.616.Disaster Related Information Services(42 U.S.C.5196f) (a) IN GENERAL - Consistent with section 5151(a) of this title [Section 308(a)], the Administrator of Federa138 Emergency Management Agency shall- (1) identify, in coordination with State and local governments, population groups with limited English proficiency and take into account such groups in planning for an emergency or major disaster; (2) ensure that information made available to individuals affected by a major disaster or emergency is made available in formats that can be understood by- (A) population groups identified under paragraph (1);and (B) individuals with disabilities or other special needs; and (3) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing services related to a major disaster or emergency. (b) GROUP SIZE - For purposes of subsection (a), the Administrator of Federa139 Emergency Management Agency shall define the size of a population group. 37.This section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act,1999,and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 38.Typographical error in original;"the"should probably appear before"Federal.' 39.Typographical error in original;"the'should probably appear before'Federal.° 70 -7 ` STAFFORD ACT>TITLE VI>§621 SUBTITLE B -GENERAL PROVISIONS Sec. 621.Administrative Authority(42 U.S.C.5197) (a) IN GENERAL-For the purpose of carrying out the powers and duties assigned to the Administrator under this title, the Administrator may exercise the administrative authorities provided under this section. (b) ADVISORY PERSONNEL- (I) The Administrator may employ not more than 100 part-time or temporary advisory personnel (including not to exceed 25 subjects of the United Kingdom or citizens of Canada)as the Administrator considers to be necessary in carrying out the provisions of this tide. (2) Persons holding other offices or positions under the United States for which they receive compensation,while serving as advisory personnel,shall receive no additional compensation for such service. Other part-time or temporary advisory personnel so employed may serve without compensation or may receive compensation at a rate not to exceed $180 for each day of service, plus authorized subsistence and travel,as determined by the Administrator. (c) SERVICES OF OTHER AGENCY PERsoNNE.AND VOLUNTEERS-The Administrator may- (1) use the services of Federal agencies and,with the consent of any State or local government,accept and use the services of State and local agencies; (2) establish and use such regional and other offices as may be necessary;and (3) use such voluntary and uncompensated services by individuals or organizations as may from time to time be needed. (d) GIETs-Notwithstanding any other provision of law,the Administrator may accept gifts of supplies,equipment,and facilities and may use or distribute such gifts for emergency preparedness purposes in accordance with the provisions of this tide. (e) REIMBURSEMENT-The Administrator may reimburse any Federal agency for any of its expenditures or for compensation of its personnel and use or consumption of its materials and facilities under this tide to the extent funds are available. (f) PAINTING-The Administrator may purchase such printing,binding,and blank-book work from public,commercial,or private printing establishments or binderies as the Administrator considers necessary upon orders placed by the Public Printer or upon waivers issued in accordance with section 504 of title 44. (g) RULES AND REGULATIONS-The Administrator may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this tide and perform any of the powers and duties provided by this tide. The Administrator may perform any of the powers and duties provided by this title through or with the aid of such officials of the Federal Emergency Management Agency as the Administrator may designate. 71 STAFFORD ACT>TITLE VI>§§621-622 (h) FAILURE TO EXPEND CONTRIBUTIONS CORRECTLY- (1) When, after reasonable notice and opportunity for hearing to the State or other person involved,the Administrator finds that there is a failure to expend funds in accordance with the regulations, terms, and conditions established under this title for approved emergency preparedness plans, programs, or projects, the Administrator may notify such State or person that further payments will not be made to the State or person from appropriations under this title (or from funds otherwise available for the purposes of this title for any approved plan,program, or project with respect to which there is such failure to comply)until the Administrator is satisfied that there will no longer be any such failure. (2) Until so satisfied, the Administrator shall either withhold the payment of any financial contribution to such State or person or limit payments to those programs or projects with respect to which there is substantial compliance with the regulations, terms, and conditions governing plans, programs, or projects hereunder. (3) As used in this subsection, the term "person" means the political subdivision of any State or combination or group thereof or any person, corporation, association,or other entity of any nature whatsoever,including instrumentalities of States and political subdivisions. Sec. 622.Security Regulations(42 U.S.C.5197a) (a) ESTABUSHMENT - The Administrator shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as the Administrator considers necessary. (b) LIMITATION ON EMPLOYEE ACCESS TO INFORMATION - No employee of the Federal Emergency Management Agency shall be permitted to have access to information or property with respect to which access restrictions have been established under this section,until it shall have been determined that no information is contained in the files of the Federal Bureau of Investigation or any other investigative agency of the Government indicating that such employee is of questionable loyalty or reliability for security purposes, or if any such information is so disclosed, until the Federal Bureau of Investigation shall have conducted a full field investigation concerning such person and a report thereon shall have been evaluated in writing by the Administrator. (c) NATIONAL SECUam PosmoNs-No employee of the Federal Emergency Management Agency shall occupy any position determined by the Administrator to be of critical importance from the standpoint of national security until a full field investigation concerning such employee shall have been conducted by the Director of the Office of Personnel Management and a report thereon shall have been evaluated in writing by the Administrator of the Federal Emergency Management Agency. In the event such full field investigation by the Director of the Office of Personnel Management develops any data reflecting that such applicant for a position of 72 STAFFORD ACT>TITLE VI>§§622-623 critical importance is of questionable loyalty or reliability for security purposes,or if the Administrator of the Federal Emergency Management Agency for any other reason considers it to be advisable, such investigation shall be discontinued and a report thereon shall be referred to the Administrator of the Federal Emergency Management Agency for evaluation in writing. Thereafter, the Administrator of the Federal Emergency Management Agency may refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the Administrator of the Federal Emergency Management Agency for action. (d) EMPLOYEE OATHS - Each Federal employee of the Federal Emergency Management Agency acting under the authority of this title, except the subjects of the United Kingdom and citizens of Canada specified in section 5197(b)of this title[Section 621(b)], shall execute the loyalty oath or appointment affidavits prescribed by the Director of the Office of Personnel Management. Each person other than a Federal employee who is appointed to serve in a State or local organization for emergency preparedness shall before entering upon duties,take an oath in writing before a person authorized to administer oaths, which oath shall be substantially as follows: "I , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. "And I do further swear(or affirm) that I do not advocate,nor am I a member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the Government of the United States by force or violence; and that during such time as I am a member of (name of emergency preparedness organization), I will not advocate nor become a member or an affiliate of any organization, group,or combination of persons that advocates the overthrow of the Government of the United States by force or violence." After appointment and qualification for office, the director of emergency preparedness of any State, and any subordinate emergency preparedness officer within such State designated by the director in writing, shall be qualified to administer any such oath within such State under such regulations as the director shall prescribe.Any person who shall be found guilty of having falsely taken such oath shall be punished as provided in section 1621 of title 18. Sec.623.Use of Existing Facilities(42 U.S.C.5197b) In performing duties under this title,the Administrator- (1) shall cooperate with the various departments and agencies of the Federal Government; (2) shall use, to the maximum extent, the existing facilities and resources of the 73 STAFFORD ACT> TITLE VI>§§624-628 Federal Government and, with their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and agencies;and . (3) shall refrain from engaging in any form of activity which would duplicate or parallel activity of any other Federal department or agency unless the Administrator, with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this title. Sec.624.Annual Report to Congress(42 U.S.C.5197c) The Administrator shall annually submit a written report to the President and Congress covering expenditures, contributions, work, and accomplishments of the Federal Emergency Management Agency pursuant to this title, accompanied by such recommendations as the Administrator considers appropriate. Sec.625.Applicability of Subchapter(42 U.S.C.5197d) The provisions of this title shall be applicable to the United States,its States,Territories and possessions,and the District of Columbia,and their political subdivisions. Sec. 626.Authorization of Appropriation and Transfers of Funds (42 U.S.C.5197e) (a) AUTHORIZATION OF APPROPRIATIONS - There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. (b) TRANSFER Awl-tour/ - Funds made available for the purposes of this title may be allocated or transferred for any of the purposes of this tide,with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this tide.Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer. Sec. 627. Relation to Atomic Energy Act of 1954(42 U.S.C.5197f) Nothing in this title shall be construed to alter or modify the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Sec. 628. Federal Bureau of Investigation(42 U.S.C.5197g) Nothing in this title shall be construed to authorize investigations of espionage, sabotage,or subversive acts by any persons other than personnel of the Federal Bureau of Investigation. 74 STAFFORD ACT> TITLE VII>§ 701,42 U.S.C.§5204 Title VII - Miscellaneous Sec. 701. Rules and Regulations(42 U.S.C.5201) (a) RULES AND REGULATIONS (1) The President may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act,and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency or agencies as he may designate. (2) Deadline for payment of assistance - Rules and regulations authorized by paragraph (1)shall provide that payment of any assistance under this Act to a State shall be completed within 60 days after the date of approval of such assistance. (b) In furtherance of the purposes of this Act,the President or his delegate may accept and use bequests,gifts,or donations of service,money,or property,real,personal, or mixed,tangible,or intangible.All sums received under this subsection shall be deposited in a separate fund on the books of the Treasury and shall be available for expenditure upon the certification of the President or his delegate. At the request of the President or his delegate, the Secretary of the Treasury may invest and reinvest excess monies in the fund.Such investments shall be in public debt securities with maturities suitable for the needs of the fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.The interest on such investments shall be credited to, and form a part of,the fund. Insular Areas Disaster Survival and Recovery;Definitions (42 U.S.C.5204)4° As used in sections 5204 to 5204c of this title- (1) the term "insular area" means any of the following: American Samoa, the Federated States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands,41 and the Virgin Islands; (2) the term"disaster" means a declaration of a major disaster by the President after September 1, 1989,pursuant to section 5170 of this title[Section 401]; and (3) the term"Secretary"means the Secretary of the Interior. Note:The note preceding 48 U.S.C.§ 1681 terminated the Trust Territory of the Pacific Islands. This note effectively removes the Federated States of Micronesia and the Marshall Islands from the definition of"insular area". 40.This section was enacted as part of the Omnibus Insular Areas Act of 1992. 41.The Trust Territory of the Pacific Islands has been terminated. See note preceding 48 U.S.C.1681. 75 STAFFORD.ACT>TITLE VII>42 U.S.C.§§5204b, 5206 Technical Assistance for Insular Areas(42 U.S.C.5204b)42 (a) Upon the declaration by the President of a disaster in an insular area,the President, acting through the Administrator of the Federal Emergency Management Agency, shall assess, in cooperation with the Secretary and chief executive of such insular area,the capability of the insular government to respond to the disaster,including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agency; develop recovery plans, including recommendations for enhancing the survivability of essential infrastructure; negotiate and manage reconstruction contracts; and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the President shall provide technical assistance to the insular area which the President deems necessary for the recovery effort. (b) One year following the declaration by the President of a disaster in an insular area, the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall submit to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources a report on the status of the recovery effort, including an audit of Federal funds expended in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and effective use of funds in the event of future disasters. Sec. 705. Disaster Grant Closeout Procedures(42 U.S.C.5205) (a) STATUTE OF]_IMITATIONS- (1) IN GENERAL - Except as provided in paragraph (2), no administrative action to recover any payment made to a State or local government for disaster or emergency assistance under this Act shall be initiated in any forum after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency. (2) FRAUD EXCEPTION-The limitation under paragraph(1)shall apply unless there is evidence of civil or criminal fraud. (b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE- (1) IN Ga7ERAL-In any dispute arising under this section after the date that is 3 years after the date of transmission of the final expenditure report for the disaster or emergency, there shall be a presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities. (2) AFFELMAnvs EVIDENCE -The presumption described in paragraph (1) may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph. 42.This section was enacted as part of the Omnibus Insular Areas Act of 1992. 76 off STAFFORD ACT> TITLE VII>§§ 705-706 (3) INABILITY TO PRODUCE DOCUMENrAnoN - The inability of the Federal, State, or local government to produce source documentation supporting expenditure reports later than 3 years after the date of transmission of the final expenditure report shall not constitute evidence to rebut the presumption described in paragraph(1). (4) RIGHT OF ACCESS - The period during which the Federal, State, or local government has the right to access source documentation shall not be limited to the required 3-year retention period referred to in paragraph(3),but shall last as long as the records are maintained. (c) BENDING NATURE of GRANT REQLORER ITS - A State or local government shall not be liable for reimbursement or any other penalty for any payment made under this Actif- (I) the payment was authorized by an approved agreement specifying the costs; (2) the costs were reasonable;and (3) the purpose of the grant was accomplished. Buy American(42 U.S.C.5206)43 (a) COMPLIANCE WITH CHAPTER 83 OF Tm.E 41 - No funds authorized to be appropriated under this Act or any amendment made by this Act44 may be expended by an entity unless the entity, in expending the funds, complies with chapter 83 of title 4I. (b) DEBAR NT OF PERSONS CONVICTED OF FRAUDULENT USE OF"MADE IN AMERICA"LABELS- (1) IN GENERAL - If the Administrator of the Federal Emergency Management Agency determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States that is not made in America, the Administrator shall determine,not later than 90 days after determining that the person has been so convicted,whether the person should be debarred from contracting under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) DEFINITION OF DEBAR - In this subsection, the term "debar" has the meaning given the term in section 2393(c) of title 10. Sec. 706. Firearms Policies(42 U.S.C.5207) (a) PROHIBITION ON CONFISCATION OF FIREARMS - No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official,or providing services to such an officer,employee, or other person, while acting in support of relief from a major disaster or emergency, may- 43.This section was enacted as part of the Disaster Mitigation Act of 2000. 44."This Act"refers to the Disaster Mitigation Act of 2000,Pub.L.No.106-390. 77 STAFFORD ACT> TITLE VII>§ 706 (I) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation; (2) require registration of any firearm for which registration is not required by Federal,State,or local law; (3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal,Stare,or local law;or (4-) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. (b) LIMITATION - Nothing in this section shall be construed to prohibit any person in subsection (a)from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency,provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation. (c) PRIVATE RIGHTS OF ACTION- (I) IN GENERAL - Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected,to the deprivation of any of the rights,privileges, or immunities secured by this section. (2) REMEDIES - In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found. (3) ATTORNEY FEES-In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. 78 STAFFORD ACT>Statutory Note to§423(42 U.S.C.§5189a) DISPUTE RESOLUTION PILOT PROGRAM Statutory note,sec.423.Appeals of Assistance Decisions(42.U.S.C.5189a) Pub.L.113-2,div.B,§1105,Jan.29,2013,127 Stat.43,provides that: (a) DEFINMONS-In this section, the following definitions apply: (1) ADMINISTRATOR- The term "Administrator" means the Administrator of the Federal Emergency Management Agency. (2) ELIGIBLE ASSISTANCE-The term"eligible assistance"means assistance- (A) under section 403,406,or 407 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5170b, 5172, 5173); (B) for which the legitimate amount in dispute is not less than$1,000,000, which sum the Administrator shall adjust annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor; (C) for which the applicant has a non-Federal share;and (D) for which the applicant has received a decision on a first appeal. (b) PROCEDURES- (1) IN GENERAL - Not later than 180 days after the date of enactment of this section [Jan. 29, 2013],and in order to facilitate an efficient recovery from major disasters, the Administrator shall establish procedures under which an applicant may request the use of alternative dispute resolution,including arbitration by an independent review panel, to resolve disputes relating to eligible assistance. (2) BINDING EFFECT-A decision by an independent review panel under this section shall be binding upon the parties to the dispute. (3) CONSIDERATIONS-The procedures established under this section shall- (A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review; (B) require a party requesting an independent review panel as described in subparagraph (A) to agree to forgo rights to any further appeal of the dispute relating to any eligible assistance; (C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section be- (1) an individual or entity unaffiliated with the dispute (which may include a Federal agency, an administrative law judge, or a reemployed annuitant who was an employee of the Federal Government) selected by the Administrator;and 79 STAFFORD ACT>Statutory Note to§423(42 U.S.C.§5189a) (ii) responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section; (D) require an independent review panel to- (i) resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance; (ii) consider only evidence contained in the administrative record,as it existed at the time at which the Agency made its initial decision; (iii) only set aside a decision of the Agency found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;and (iv) in the case of a finding of material fact adverse to the claimant made on first appeal, only set aside or reverse such finding if the finding is clearly erroneous; (E) require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and (F) direct that if an independent review panel for any alternative dispute resolution under this section determines that the basis upon which a party submits a request for alternative dispute resolution is frivolous, the independent review panel shall direct the party to pay the reasonable costs to the Federal Emergency Management Agency relating to the review'by the independent review panel. Any funds received by the Federal Emergency Management Agency under the authority of this section shall be deposited to the credit of the appropriation or appropriations available for the eligible assistance in dispute on the date on which the funds are received. (c) SUNSET-A request for review by an independent review panel under this section may not be made after December 31, 2015. (d) REPORT- (1) IN GENERAL-Not later than 270 days after the termination of authority under this section under subsection(c),the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report analyzing the effectiveness of the program under this section. (2) CONTENT-The report submitted under paragraph(1)shall include- (A) a determination of the availability of data required to complete the report; 80 STAFFORD ACT>Statutory Note to§423(42 U.S.C.§5189a) (B) an assessment of the effectiveness of the program under this section, - including an assessment of whether the program expedited or delayed the disaster recovery process; (C) an assessment of whether the program increased or decreased costs to administer section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act[42 U.S.C. 5170b, 5172, 5173]; (D) an assessment of the procedures and safeguards that the independent review panels established to ensure objectivity and accuracy, and the extent to which they followed those procedures and safeguards; (E) a recommendation as to whether any aspect of the program under this section should be made a permanent authority;and (F) recommendations for any modifications to the authority of the administration of the authority under the section in order to improve the disaster recovery process. 81 f� • The Office of Chief Counsel maintains this booklet.Please submit any comments or inquiries about this e-publication to FEMA-OCC @fema.dhs.gov. EXHIBIT D—GRANT PROVISIONS and FORMS Standard Federal Aid Provisions FEMA 97.036 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Administrative, Contractual, or Legal Remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination for Cause and for Convenience This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and b) An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in I (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the contractor at { the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. Upon receipt of a termination action under paragraphs(a) or(b) above,the contractor shall • promptly discontinue all affected work (unless the notice directs otherwise) and • deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract,whether completed or in process. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations During the performance of this contract, the contractor agrees as follows: • The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. • The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin, • The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. • The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. • In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive • Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. • The contractor will include the provisions of Paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq. The Contractor agrees it will require that mechanics and laborers (including watchmen and guards) employed on this federally assisted contract be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. The Contractor agrees it will require that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. Copeland "Anti-Kickback" Act (U.S.C. Section 51) The Contractor agrees to comply with the Anti-Kickback Act of 1968 which outlaws and prescribes penalties for"kickbacks" of wages in federally financed or assisted construction activities. Reporting The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. Patents and Data No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. Access to Records The local government, the Florida Department of Emergency Management, the Federal grantor agency, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of Records The contractor shall retain all records relating to this contract for five (5) years after the local government makes final payment and all other pending matters are closed. Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.G. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Energy Efficiency Standards The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). Debarment and Suspension (Executive Orders 12549 and 12689) Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be validated at the System for Award Management at and the State of Florida at gr fi If appropriate to the project, the Contractor will provide assurances regarding the following: • It will establish safeguards to prohibit discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973. • It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes. • It will comply with the Rehabilitation Act of 1973, Section 504,29U.S.C.794, regarding non-discrimination. • It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. • It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- • 1683 and 1685- 1686),which prohibits discrimination on the basis of sex. • It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. • It will comply with 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. 290 dd-3 and • 290 ee-3) as amended, that relate to confidentiality of alcohol and drug abuse patient records. • It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures. • It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201- 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. • It will comply with environmental standards which may be prescribed pursuant to the National • Environmental Policy Act of 1969,42 U.S.C. 4321-4347. • It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq. • It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j) regarding the protection of underground water sources. • It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642. • It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626. • It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544. • It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-763. • It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system. • It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice). • It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510. • It will assure project consistency with the approved state program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464. • It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.