HomeMy WebLinkAboutAgenda - 11-01-2022; 8-e - Approval of White Cross Volunteer Fire Department ARPA Contract 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 2022
Action Agenda
Item No. 8-e
SUBJECT: Approval of White Cross Volunteer Fire Department ARPA Contract
DEPARTMENT: Finance
ATTACHMENT(S): INFORMATION CONTACT:
White Cross Volunteer Fire Department Gary Donaldson, 919-245-2453
Radio Replacement Contract - ARPA
PURPOSE: To approve a contract with White Cross Volunteer Fire Department to replace
emergency radios for all approved fire departments and rescue squads in Orange County using
American Rescue Plan Act (ARPA) funding for the period of October 17, 2022 to December 31,
2024.
BACKGROUND: White Cross Volunteer Fire Department (VFD) has volunteered to administer
$2,562,300 in American Rescue Plan Act (ARPA)funds approved by the Board of Commissioners
on June 21, 2022 to be used to replace obsolete radios used by nine (9) Orange County Fire
Departments and Rescue Squads that have current franchise agreements with Orange County.
The new radios will be P25 compliant in order to ensure interoperability and compatibility with
other public safety equipment and entities. White Cross VFD will purchase and distribute the
radios on behalf of the other participating fire departments and rescue squads with their approval
before December 31, 2024.
FINANCIAL IMPACT: Funding for this contract was approved by the Board of County
Commissioners on June 21, 2022 as a part of the annual ARPA funding allocation approval
process through the multi-year, special revenue fund for federal Coronavirus State and Local
Fiscal Relief Funds (CSLFRF).
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
County Manager to sign the contract following review and approval by the County Attorney.
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[Departmental Use Only]
TITLE Radio Replacements
FY 2023
NORTH CAROLINA
ARPA SUBRECIPIENT AGREEMENT
ORANGE COUNTY
This Sub-recipient Agreement(hereinafter"Agreement"),made and entered into this
day of , 2022, ("Effective Date")by and between Orange County,North Carolina a
political subdivision of the State of North Carolina(hereinafter, the "County") and White Cross
Volunteer Fire Department, a [Fire Department] (hereinafter, the "Subrecipient").
WHEREAS, for the purposes of this Agreement, the County serves as the pass-through
entity for a federal award and the Subrecipient serves as the recipient of a subaward; and
WHEREAS, this subaward is funded by a portion of the federal funds Orange County
received from the Coronavirus Local Fiscal Recovery Fund created under section 603 of the
Social Security Act(42 U.S.C. 803), as added by section 9901(a) of the American Rescue Plan
Act of 2021 (Pub. L.No. 117-2); and
WHEREAS, the purpose of this Agreement is to establish the terms and conditions for the
subaward allocated to the Subrecipient from the County, a grantee of the U.S. Department of
Treasury, which oversees the Coronavirus Local Fiscal Recovery Fund.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth below, the parties agree as follows:
1. Disclosures. Federal regulations require the County to provide the Subrecipient with specific
information about this subaward. 2 CFR 200.332(a)(1). All required information is listed in
Exhibit A, Subaward Data, which is attached hereto and incorporated herein.
2. Effective Date and Term. This Agreement shall commence on [October 1, 20221 ("Effective
Date")and remain in effect until [December 31,2024],unless sooner terminated in accordance
with Section 8, Termination, of this Agreement.
3. Scope of Services.
a. The Subrecipient shall perform all activities described in the Scope of Services, which
is attached hereto as Exhibit B and incorporated herein.
b. The Subrecipient shall perform the Scope of Services in accordance with the program
budget as approved by the County and attached hereto as Exhibit C,Approved Budget.
c. The Subrecipient may not transfer allocated funds along cost categories within a
budgeted program account without the prior written approval of the County; nor shall
the Subrecipient make any changes, directly or indirectly, in program design or in the
Scope of Services or Approved Budget without the prior written approval of the
County.
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d. Sub-recipient shall ensure that expenditures of ARPA Funds are necessary Eligible
Uses under one of the following cost categories: (1)to respond to the COVID-19 public
health emergency or its negative economic impacts,including assistance to households,
small businesses, and nonprofits, or aid to impacted industries such as tourism, travel,
and hospitality; (2) to respond to worker's performing eligible work during the
COVID-19 public health emergency by providing premium pay to eligible workers; (3)
for the provision of government services to the extent of reduction in revenue due to
the COVID-19 public health emergency relative to revenues collected in the most
recent full fiscal year prior to the emergency; and(4)to make necessary investments in
water, sewer, or broadband infrastructure.
e. Sub-recipient shall not use ARPA Funds for any non-allowable uses, including but not
limited to the following: (1) usage of funds to either directly or indirectly offset a
reduction in net tax revenue resulting from a change in law, regulation, or
administrative interpretation during the covered period that reduces any tax or delays
the imposition of any tax or tax increase; (2) damages covered by insurance; (3)usage
of funds as a deposit into any pension fund; (4) expenses that have been or will be
reimbursed under any federal program; (5) debt service costs; (6) contributions to a
"rainy day" fund; and (7) legal settlements.
4. Compensation.
a. The County agrees to provide the Subrecipient the maximum sum of$2,562,300 for
costs actually incurred and paid by the Subrecipient in accordance with the Approved
Budget and for the performance of the Scope of Services under this Agreement (the
"ARPA Funds"). The amount of ARPA Funds is subject to adjustment by the County
if a substantial change is made in the Scope of Services that affects this Agreement or
if this Agreement is terminated prior to its expiration. ARPA Funds shall not be
expended prior to the Effective Date or following the earlier of the expiration or
termination of this Agreement. Costs incurred shall only be as necessary and allowable
to carry out the purposes and activities set out in the Scope of Services and may not
exceed the maximum limits set in the Approved Budget. Expenses charged against the
ARPA Funds shall be incurred in accordance with this Agreement.
b. To facilitate the release of ARPA Funds by the County to the Subrecipient and the
County's compliance with reporting requirements for usage of ARPA funding, on or
before the 15th day of each month and in any event no later than thirty (30) days after
expiration or termination of this Agreement, the Subrecipient shall submit invoices, in
a form authorized by the County, for the most recent month ended, to the County, in
accordance with this Agreement.Within ten(10)business days from the date it receives
such invoice, the County may disapprove the requested compensation. If the
compensation is so disapproved, the County shall notify the Subrecipient of the
disapproval. If the County approves payment, then the County will disburse the funds
without further notice. The Subrecipient will then submit proof of invoice payment
within thirty(30)business days.
c. The payment of funds to the Subrecipient under this Agreement is contingent on the
receipt of such funds by the County from applicable federal funding sources and shall
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be subject to the Subrecipient's continued eligibility to receive funds under the
applicable provisions of federal and state laws. If the amount of funds the County
receives from federal funding sources is reduced, the County may reduce the amount
of funds awarded under this Agreement or the County may terminate this Agreement.
The County may also deny expenditures for the activities described Scope of Services
where invoices or other supporting documentation are not submitted by the deadlines
specified in Section 4(b) and Section 5(d) of this Agreement.
d. All funds appropriated shall be used for activities described in Exhibit B. Any funds
not used for the activities stated shall be returned to the County. Any changes in the
use of funds must be authorized in writing by the County prior to any expenditure of
the funds by the Subrecipient. If the funds are expended not in accordance with the
Scope of Services, at the discretion of the County the Subrecipient may be required to
repay the funds to the County.
e. The County is not obligated to provide any other support to Subrecipient in this or in
succeeding fiscal years.
5. Sub-recipient Responsibilities: Financial Accountability & Grant Administration
a. Financial Management. The Subrecipient must maintain a financial management
system and financial records and administer funds received pursuant to this
Agreement in accordance with all applicable federal and state requirements, including
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 CFR Part 200, as adopted by the Department of Treasury at 2
CFR Part 1000. The Subrecipient shall adopt such additional financial management
procedures as may from time to time be prescribed by the County if required by
applicable laws, regulations or guidelines from its federal and state government
funding sources. The Subrecipient shall maintain detailed, itemized documentation
and records of all income received and expenses incurred pursuant to this Agreement.
b. Limitations on Expenditures. The County may not reimburse or otherwise compensate
the Subrecipient for any expenditures incurred or services provided prior to the
Effective Date or following the earlier of the expiration or termination of this
Agreement. The County shall only reimburse the Subrecipient for documented
expenditures incurred during the term of this Agreement that are: (i) reasonable and
necessary to carry out the scope of activities described in Exhibit B; (ii) documented
by contracts or other evidence of liability consistent with established the County and
Subrecipient procedures; and (iii) incurred in accordance with all applicable
requirements for the expenditure of funds payable under this Agreement.
c. Indirect Cost Rate. Exhibit A, Subaward Data, contains information on the County's
indirect cost rate under its grant from the Department of Treasury. The indirect cost
rate information, if any, indicated in Exhibit C, Approved Budget, shall apply to this
Agreement.
d. Financial and Other Reports. The Subrecipient must submit to the County such reports
and back-up data as may be required by the federal government or the County,
including such reports which enable the County to submit its own reports to the
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Department of Treasury and the reports required in accordance with the following
schedule:
i. Payment validations (monthly)
ii. Performance Report reviews (quarterly)
iii. Undergo Desk reviews (at least once per year and more frequently if requested
by County or subrecipient)
iv. Undergo Onsite reviews (upon request of County or subrecipient)
V. Undergo Audit review (yearly)
This provision shall survive the expiration or termination of this Agreement with
respect to any reports which the Subrecipient is required to submit to the County
following the expiration or termination of this Agreement.
e. Improper Payments. Any item of expenditure by the Subrecipient under the terms of
this Agreement which is found by auditors, investigators, and other authorized
representatives of the County, the Department of Treasury, or other federal
instrumentality to be improper,unallowable, in violation of federal or state law, or the
terms of this Agreement, or involving any fraudulent, deceptive, or misleading
representations or activities of the Subrecipient, shall become the Subrecipient's
liability,to be paid by Subrecipient from funds other than those provided by the County
under this Agreement or any other agreements between the County and the
Subrecipient. This provision shall survive the expiration or termination of this
Agreement.
f. Audited Financial Statements. In any fiscal year in which Subrecipient expends
$750,000 or more in federal awards during such fiscal year, including awards received
as a Subrecipient, the Subrecipient must comply with the federal audit requirements
contained in the Uniform Guidance, 2 CFR Part 200, including the preparation of an
audit by an independent Certified Public Accountant in accordance with the 31 U.S.C.
§§ 7501 et seq., and with Generally Accepted Accounting Principles. If the
Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is
exempt from federal audit requirements,but its records must be available for review by
the County and appropriate officials of the Federal Government, and it must still have
a financial audit performed for that year by an independent Certified Public
Accountant. The Subrecipient shall provide the County with a copy of Subrecipient's
most recent audited financial statements, federal Single Audit report, if applicable
(including financial statements, schedule of expenditures of federal awards, schedule
of findings and questioned costs, summary of prior audit findings,and corrective action
plan, if applicable), and management letter within thirty (30) days after execution of
this Agreement and thereafter within nine (9) months following the end of the
Subrecipient's most recently ended fiscal year.
g. Program Income. The Subrecipient shall report monthly all program income as defined
in 2 CFR 200.80 generated by activities carried out with ARPA Funds made available
under this Agreement. The use of program income by the Subrecipient shall comply
with the requirements set forth in 2 CFR 200.307. By way of further limitations, the
Subrecipient may use such income during the Agreement period for activities permitted
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under this Agreement and shall reduce requests for additional funds by the amount of
any such program income balances on hand. All unused program income shall be
returned to the County at the closeout of this Agreement period. Any interest earned on
advances from federal funds is not program income and shall be remitted promptly to
the County.
h. Closeout. Final payment request(s) under this Agreement must be received by the
County no later than thirty (30) days after the earlier of the expiration date or
termination date of this Agreement. The County will not accept a payment request
submitted after this date without authorization from the County. In consideration of
the execution of this Agreement by the County,the Subrecipient agrees that acceptance
of final payment from the County will constitute an agreement by Subrecipient to
release and forever discharge the County, its agents, employees, representatives,
affiliates, successors and assigns from any and all claims, demands, damages,
liabilities, actions, causes of action or suits of any nature whatsoever, which
Subrecipient has at the time of acceptance of final payment or may thereafter have,
arising out of or in any way relating to any and all injuries and damages of any kind as
a result of or in any way relating to this Agreement. The Subrecipient's obligations to
the County under this Agreement shall not terminate until all closeout requirements are
completed to the satisfaction of the County. Such requirements shall include
submitting final reports to the County and providing any closeout-related information
requested by the County by the deadlines specified by the County. This provision shall
survive the expiration or termination of this Agreement.
6. Subrecipient Responsibilities: Compliance with Grant Agreement and Applicable Laws
a. In General. Subrecipient shall perform all activities funded by this Agreement in
accordance with this Agreement, the award agreement between the County and the
Department of Treasury, and all applicable federal, state and local requirements,
including all applicable statutes,rules,regulations,executive orders,directives or other
requirements. Such requirements may be different from the Subrecipient's current
policies and practices. The County will assist the Subrecipient to comply with all
applicable requirements. However, the Subrecipient will be ultimately responsible for
ensuring its compliance with applicable requirements.
b. Authority. This Agreement is subject to and Subrecipient agrees to comply with the
laws, regulations, and guidance documents authorizing and implementing this grant,
including the following:
(1) Authorizing Statute. Section 603 of the Social Security Act (42 U.S.C. 803),
as added by section 9901(a) of the American Rescue Plan Act of 2021 (Pub. L.
No. 117-2).
(2) Implementing Regulation. Subpart A of 31 CFR Subtitle A, Part 35
(Coronavirus State and Local Fiscal Recovery Funds), as adopted in the
Coronavirus State and Local Fiscal Recovery Funds interim final rule (86 FR
26786, May 17, 2021), and other subsequent regulations implementing Section
603 of the Social Security Act(42 U.S.C. 803).
(3) Guidance. Applicable guidance documents issued by the Department of
Treasury, including Compliance and Reporting Guidance: State and Local
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Fiscal Recovery Funds, which is available at:
hqps://home.treasM.gov/system/files/13 6/SLFRF-Compliance-and-
Reporting-Guidance.pdf.
c. Federal Grant Administration Requirements. The Subrecipient must comply with the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200, as adopted by the Department of Treasury at 2 CFR
Part 1000. These requirements control how the Subrecipient may administer this grant
and how the County must oversee the Subrecipient.
d. Federal Procurement Requirements. Subrecipient must have and comply with
documented procurement procedures, consistent with state, local, and tribal laws and
regulations and the standards of 2 C.F.R. 200.318-200.326 for the acquisition of
property or services required under this Agreement. The Subrecipient's documented
procurement procedures must conform to the procurement standards identified in
Subpart D of 2 CFR Part 200 (Procurement Standards). Such standards include, but
are not limited to, the following:
i. All procurement transactions for property or services must be conducted in a
manner providing full and open competition, consistent with standards outlined
in 2 CFR 200.320, which allows for non-competitive procurements only if
either (1) the item is below the micro-purchase threshold; (2) the item is only
available from a single source; (3) the public exigency or emergency will not
permit a delay from publicizing a competitive solicitation; (4) or after
solicitation of a number of sources, competition is determined inadequate. (2
CFR 200.320(c)(1)-(3) and(5))
ii. The Subrecipient must maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or
purchase orders. (2 CFR 200.318(b))
iii. The Subrecipient must maintain written standards of conduct covering conflicts
of interest and governing the actions of its employees engaged in the selection,
award and administration of contracts in conformance with 2 CFR 200.318(c).
Subrecipient must disclose in writing to the County any potential conflict of
interest affecting the awarded funds in accordance with 2 CFR 200.112.
iv. The Subrecipient must take all necessary affirmative steps to assure that
minority businesses,women's business enterprises, and labor surplus area firms
are used when possible. (2 CFR 200.321)
v. Subrecipient must "maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily limited to the
following: rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for the contract price." (2 CFR
200.318(i))
e. County Procurement Requirements. In addition to the requirements described above,
above, the Subrecipient must comply with the following:
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i. Subrecipient must document, in its monthly payment validation reports to the
County, the status of all contracts executed under this Agreement.
ii. Except for procurements by micro-purchases or by small purchase procedures,
if Subrecipient subcontracts any of the work required under this Agreement,
then Subrecipient shall forward to County a copy of any solicitation(whether
competitive or non-competitive) at least fifteen (15) days prior to the
publication or communication of the solicitation. The County shall review the
solicitation and provide comments, if any, to Subrecipient within three (3)
business days. Consistent with 2 CFR 200.324, the County will review the
solicitation for compliance with applicable procurement standards. The
County's review and comments shall not constitute a binding approval of the
solicitation. Regardless of the County's review, Subrecipient remains bound
by all applicable laws, regulations, and agreement terms. If during its review
the County identifies any deficiencies, then the County will communicate
those deficiencies to Subrecipient as quickly as possible within the three (3)
business day window.
iii. Except for procurement by micro-purchases, if Subrecipient subcontracts any
work required under this Agreement, then Subrecipient must forward to the
County a copy of the contemplated contract prior to contract execution. The
County shall review the unexecuted contract for compliance with applicable
requirements and provide comments to the Subrecipient within three (3)
business days. Consistent with 2 C.F.R. 200.324, the County will review the
unexecuted contract for compliance with the procurement standards outlined in
2 C.F.R. 200.318-200.326, as well as Appendix II to 2 C.F.R. Part 200. The
County's review and comments shall not constitute an approval of the contract.
Regardless of the County's review, Subrecipient remains bound by all
applicable laws, regulations, and agreement terms. If during its review the
County identifies any deficiencies, then the County will communicate those
deficiencies to Subrecipient as quickly as possible.
f. Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352), as amended. Subrecipient must
comply with the restrictions on lobbying set forth in 31 CFR Part 21. Pursuant to this
regulation, a Subrecipient who applies or bids for an award of$100,000 or more shall
file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,
officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. The Subrecipient must certify in writing that
the Subrecipient has not made, and will not make, any payment prohibited by these
requirements using the form provided in the attached Exhibit D, Lobbying
Certifications.
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g. Universal Identifier and System for Award Management SAM). Subrecipient must
obtain, and provide to the County, a unique entry identifier assigned by the System for
Award Management (SAM), which is accessible at www.sam.gov.
h. Equal Opportunity Requirements.
i. Civil Rights Laws. Subrecipient must comply with Title VI of the Civil Rights
Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing
regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
race, color, or national origin under programs or activities receiving federal
financial assistance.
ii. Fair Housing Laws. Subrecipient must comply with the Fair Housing Act, Title
VIII of the Civil Rights Act of 1968(42 U.S.C. §§ 3601 et seq.),which prohibits
discrimination in housing on the basis of race, color, religion, national origin,
sex, familial status, or disability.
iii. Disability Protections. Subrecipient must comply with section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination on
the basis of disability under any program or activity receiving federal financial
assistance.
iv. Aye Discrimination. Subrecipient must comply with the Age Discrimination Act
of 1975 (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations
at 31 CFR Part 23,which prohibit discrimination on the basis of age in programs
or activities receiving federal financial assistance.
v. Americans with Disabilities Act. Subrecipient must comply with Title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), which
prohibits discrimination on the basis of disability under programs, activities,
and services provided or made available by state and local governments or
instrumentalities or agencies thereto.
i. Suspension and Debarment. The Subrecipient must comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, while this Agreement is valid and
throughout the period of any contract that may arise from this Agreement, and must
include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
i. The Subrecipient certifies that neither it, nor any of its principals ((defined at 2
C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)
from participation in federal assistance awards or contracts.
ii. Subrecipient further agrees that it will notify the County immediately if it or any
of its principals is placed on the list of parties excluded from federal
procurement or nonprocurement programs available at www.sam.gov.
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iii. This certification is a material representation of fact relied on by Orange County.
If it is later determined that the Subrecipient did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies made
available to Orange County, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
j. Compliance With The Contract Work Hours And Safety Standard Act 40 U.S.C.
3701-3708). Should this Agreement involve federal funds in excess of$100,000 and
the employment of mechanics or laborers, including watchmen and guards,
Subrecipient shall comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5), as follows:
i. Overtime requirements. No Subrecipient or sub-contractor contracting for any
part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
ii. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the
Subrecipient and any sub-contractor responsible therefor shall be liable for the
unpaid wages. In addition, such Subrecipient and sub-contractor shall be liable
to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph(b)(1)of 29 C.F.R. §5.5,in the sum
of$26 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (b)(1) of 29
C.F.R. §5.5.
iii. Withholding for unpaid wages and liquidated damages. Orange County shall
upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Subrecipient or sub-contractor
under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such
Subrecipient or sub-contractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5.
iv. Subcontracts.The Subrecipient or sub-contractor shall insert in any subcontracts
the clauses set forth in paragraph (b)(1) through(4) of 29 C.F.R. §5.5 and also
a clause requiring the sub-contractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any
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sub-contractor or lower tier sub-contractor with the clauses set forth in
paragraphs (b)(1) through (4) of 29 C.F.R. §5.5.
k. Right to Inventions Made Under a Contract or Agreement (37 C.F.R. pt. 401). If
this Agreement meets the definition of"funding agreement"under 37 CFR § 401.2 (a)
and regards the substitution of parties, assignment, or performance of experimental,
developmental, or research work, the Federal Government and Orange County have
rights in any resulting invention in accordance with 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the applicable federal agency.
1. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended — Should this purchase involve federal funds in
excess of$150,000 Subrecipient shall comply with all applicable standards, orders or
regulations 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):
i. Clean Air Act.
(1) The Subrecipient agrees to comply with all applicable standards, orders,
or regulations issued pursuant to the Clean Air Act, as amended, 42
U.S.C. § 7401 et seq.
(2) The Subrecipient agrees to report each violation to Orange County and
understands and agrees that Orange County will, in turn, report each
violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The Subrecipient agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
federal assistance.
ii.Federal Water Pollution Act.
(1) The Subrecipient agrees to comply with all applicable standards, orders,
or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Subrecipient agrees to report each violation to Orange County and
understands and agrees that Orange County will, in turn, report each
violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The Subrecipient agrees to includes these requirements in each
subcontract exceeding $150,000 financed in whole or in part by federal
funds.
in. Procurement of Recovered Materials (section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act). Should the performance of
this Agreement involve the use of materials, Subrecipient shall make maximum use of
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products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the Agreement
performance schedule;
ii. Meeting with the Agreement performance requirements; or
iii. At a reasonable price
Information about this requirement, along with the list of EPA-designated
items, is available at EPA's Comprehensive Procurement Guidelines web
site: htlps://www.epa.jzov/smm/coMprehensive-procurement-izuideline-cpjz-
program.
The Subrecipient also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
n. Prohibition On Contracting For Covered Telecommunications Equipment Or
Services.
i. Definitions. As used in this clause, the terms backhaul; covered foreign
country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential
component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy, #405-143-1 Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services As used in this clause—
ii. Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L.No. 115-232, and
2 C.F.R. § 200.216 prohibit the head of an executive agency on or
after Aug.13, 2020, from obligating or expending grant,
cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (iii) of this clause applies, the
Subrecipient and its subcontractors may not use grant,
cooperative agreement, loan, or loan guarantee federal funds to:
a. Procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services
as a substantial or essential component of any system, or
as critical technology of any system;
b. Enter into, extend, or renew a contract to procure or obtain
any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial
or essential component of any system, or as critical
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technology of any system;
c. Enter into, extend, or renew contracts with entities that
use covered telecommunications equipment or services as
a substantial or essential component of any system, or as
critical technology as part of any system; or
d. Provide, as part of its performance of this contract,
subcontract, or other contractual instrument, any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial
or essential component of any system, or as critical
technology as part of any system.
iii. Exceptions. This clause does not prohibit Subrecipient from providing
(1) A service that connects to the facilities of a third-parry, such as
backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(3) By necessary implication and regulation, the prohibitions also do
not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential
component of any system; and
ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are
not considered covered telecommunications equipment or
services.
iv. Reporting requirement.
(1) In the event the Subrecipient identifies covered
telecommunications equipment or services used as a substantial
or essential component of any system, or as critical technology as
part of any system, during Agreement performance, or the
Subrecipient is notified of such by a subcontractor at any tier or
by any other source, the Subrecipient shall report the information
in paragraph(iv)(2) of this clause to Orange County,unless
elsewhere in this Addendum and Agreement are established
procedures for reporting the information.
(2) The Subrecipient shall report the following information pursuant
to paragraph(iv)(1) of this clause:
a. Within one business day from the date of such
identification or notification: The contract number; the
order number(s), if applicable; supplier name; supplier
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unique entity identifier(if known); supplier Commercial
and Government Entity(CAGE) code (if known); brand;
model number(original equipment manufacturer number,
manufacturer part number, or wholesaler number); item
description; and any readily available information about
mitigation actions undertaken or recommended.
b. Within 10 business days of submitting the information in
paragraph(iv)(2)(a) of this clause: Any further available
information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe
the efforts it undertook to prevent use or submission of
covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent
future use or submission of covered telecommunications
equipment or services.
v. Subcontracts. The Subrecipient shall insert the substance of this clause,
including this paragraph(v), in all subcontracts and other contractual
instruments.
o. Domestic Preference. In accordance with 2 CFR 200.322, as appropriate and to
the extent consistent with law, the Subrecipient should, to the greatest extent
practicable under this Agreement, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this paragraph must be included in
all subawards and in all contracts and purchase orders for work or products
under this Agreement.
p. Federal Funding Accountability and Transparency Act of 2006. Subrecipient must
provide the County with all information requested by the County to enable the County
to comply with the reporting requirements of the Federal Funding Accountability and
Transparency Act of 2006(31 U.S.C. 6101 note).
q. Licenses, Certifications, Permits,Accreditation. If activities related to the performance
of this Agreement require specific licenses, certifications, permits, accreditation, or
related credentials required by federal, state, or local law, Subrecipient represents that
it or its employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, permits, accreditations, or credentials and that such licenses
certifications, permits, accreditations, or credentials are current, active, and not in a
state of suspension or revocation. Subrecipient agrees to submit to the County proof of
any license, certification, permit, accreditation, or related credential upon request.
r. Publications. Any publications produced with funds from this Agreement must display
the following language: "This project [is being] [was] supported, in whole or in part,
by federal award number [enter project FAIN] awarded to Orange County, North
Carolina by the U.S. Department of the Treasury."
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s. Mandatory Contract Provisions. The Subrecipient must include applicable contract
provisions provided in Exhibit E, Required Contract Provisions, and is responsible for
monitoring all subcontracted services on a regular basis to assure contract compliance.
Results of monitoring efforts shall be summarized in written reports and submitted with
documented evidence for follow-up actions taken to correct non-compliance.
t. Drug-Free Workplace. Subrecipient shall comply with Governmentwide Requirements
for a Drug-Free Workplace, 31 CFR Part 20, as applicable.
7. Cooperation in Monitoring and Evaluation
a. County Responsibilities.
i. The County has designated (Rebecca Crawford) to act as the County's
representative with respect to the Project who shall have the authority to render
decisions within guidelines established by the County Manager or the County
Board of Commissioners and who shall be available during working hours as
often as may be reasonably required to render decisions and to furnish
information.
ii. The County shall monitor, evaluate, and provide guidance and direction to the
Subrecipient in the conduct of the Scope of Services performed under this
Agreement. The County must determine whether Subrecipient has spent funds
in accordance with applicable laws and regulations, including the federal audit
requirements and agreements, and shall monitor activities of the Subrecipient
to ensure that the Subrecipient has met such requirements as necessary and in
accordance with regulations on Subrecipient Monitoring and Management, 2
CFR 200.330-2 CFR 200.332. The County may require the Subrecipient to take
corrective action if deficiencies are found.
b. Subrecipient Responsibilities.
i. Cooperation with County Oversight. The Subrecipient shall permit the County
to carry out monitoring and evaluation activities, including any performance
measurement system required by applicable law, regulation, funding sources
guidelines or by the terms and conditions of the applicable grant award, and the
Subrecipient agrees to ensure,to the greatest extent possible,the cooperation of
its agents, employees and board members in such monitoring and evaluation
efforts. This provision shall survive the expiration or termination of this
Agreement.
ii. Cooperation with Audits. The Subrecipient shall cooperate fully with any
reviews or audits of the activities under this Agreement by authorized
representatives of the County,the North Carolina State Auditor,the Department
of Treasury, and the U.S. Government Accountability Office. The Subrecipient
agrees to ensure to the extent possible the cooperation of its agents, employees,
and board members in any such reviews and audits. This provision shall survive
the expiration or termination of this Agreement.
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c. Records Retention and Access. The Subrecipient must maintain all records, books,
papers and other documents related to its performance of the Scope of Services under
this Agreement (including without limitation personnel, property, financial and
medical records)for a period of five(5)years following the date that the County makes
the last payment to Subrecipient under this Agreement, or such longer period as is
necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry
involving this Agreement. The Subrecipient shall make all records, books,papers and
other documents that relate to this Agreement available at all reasonable times for
inspection,review and audit by the authorized representatives of the County,the North
Carolina State Auditor, the Department of Treasury, the U.S. Government
Accountability Office, the Office of the Inspector General, or the Pandemic Response
Accountability Committee.
8. Termination.
a. Termination for Convenience. The County may terminate this Agreement for its
convenience upon thirty(30) days' written notice to the other party.
b. Termination for Cause. In the event of any of the circumstances set forth below
(hereinafter referred to as "default"), the County may immediately terminate this
Agreement, in whole or in part, and from time to time. Notice of termination for cause
must be in writing, state the reason or reasons for the termination, and specify the effective
date of termination:
i. In the event the Sub-recipient shall cease to exist as an organization or shall
enter bankruptcy proceedings, be declared insolvent, or liquidate all or
substantially all of its assets, or significantly reduce its services or accessibility
to Orange County residents during the term of this Agreement; or
ii. In the event Sub-recipient shall fail to render satisfactory documentation as
provided in this Agreement,the County may terminate this Agreement and Sub-
recipient shall return all ARPA funds already provided to it by County for
services which have not been provided or for which no satisfactory
documentation has been provided; or
iii. In the event of any fraudulent representation by Sub-recipient in an invoice or
other verification required to obtain payment under this Agreement or other
dishonesty on a material matter relating to performance of services under this
Agreement; or
iv. Nonperformance, incomplete service or performance, or failure to perform
satisfactorily any part of the work identified in the Scope of Services, or to
comply with any provision of this Agreement, as determined by the County in
its sole discretion; or
v. Failure to adhere to the terms of applicable county, state, or federal laws,
regulations, guidelines, or stated public policy.
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In the event of default by Sub-recipient, the County may elect to terminate this
Agreement, in whole or in part and/or require the Sub-recipient to repay the funds
within ten(10)business days from written notice of default. The County may(but shall
not be required to) grant the Sub-recipient an opportunity to cure the default without
termination of this Agreement. This clause shall not be interpreted to limit the County's
remedies in law or in equity.
c. Any termination of this Agreement for cause or default that is later deemed to be
unjustified shall be deemed a termination for convenience.
d. Notwithstanding the foregoing,the County and the Subrecipient may agree to terminate
this Agreement for their mutual convenience through a written amendment of this
Agreement. The amendment shall state the effective date of termination and the
procedures for proper closeout of the Agreement.
e. If this Agreement is terminated,the Subrecipient may not incur new obligations for the
terminated portion of the Agreement after Subrecipient has received the notice of
termination. The Subrecipient must cancel as many outstanding obligations as possible.
Any payment due to the Subrecipient from the County shall be prorated to the date of
termination and any unused funds shall be returned to the County within ten (10)
business days of termination. Costs incurred after receipt of termination notice will be
disallowed. The Subrecipient shall not be relieved of liability to the County because of
any breach of this Agreement by the Subrecipient. The County may, to the extent
authorized by law, withhold payments to the Subrecipient for the purpose of set-off
until the exact amount of damages due the County from the Subrecipient is determined.
f. Waiver. Payment of any sums by the County under this Agreement or the failure of the
County to require compliance by the Subrecipient with any provisions of this
Agreement or the waiver by the County of any breach of this Agreement shall not
constitute a waiver of any claim for damages by the County for any breach of this
Agreement or a waiver of any other required compliance with this Agreement.
9. Insurance. Subrecipient shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional
insurance as may be required by County's Risk Manager as such insurance requirements are
described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance
Coverage Requirements (each document is incorporated herein by reference and may be
viewed at http://www.orangecountVnc.gov/departments/purchasing division/contracts.php). If
County's Risk Manager determines additional insurance coverage is required such additional
insurance shall consist of Property Insurance(if no additional insurance required mark N/A as
being not applicable). Subrecipient shall not commence work until such insurance is in effect
and certification thereof has been received by the County's Risk Manager.
10. Indemnity. To the extent authorized by North Carolina law the Subrecipient agrees, without
limitation, to defend, indemnify and hold harmless the County and federal government from
all loss, liability, claims or expense, including attorney's fees, arising out of or related to the
Scope of Services and arising from property damage or bodily injury including death to any
person or persons caused in whole or in part by the negligence or misconduct of the
Subrecipient except to the extent same are caused by the negligence or willful misconduct of
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the County. It is the intent of this provision to require the Subrecipient to indemnify the County
to the fullest extent permitted under North Carolina law.
11. Amendments to the Agreement. Changes in the Scope of Services and entitlement to
additional compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Subrecipient. The Subrecipient
shall proceed to perform the services required by the Amendment only after receiving a fully
executed Amendment from the County.
12. General Provisions
a. Limitation and Assignment. The County and the Subrecipient each bind themselves,
their successors, assigns and legal representatives to the terms of this Agreement.
Neither the County nor the Subrecipient shall assign or transfer its interest in this
Agreement, including rights to payment, without the written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and
rights of respective parties hereunder shall be governed by the laws of the State of
North Carolina. By executing this Agreement Subrecipient affirms that Subrecipient
and any subcontractors of Subrecipient are and shall remain in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this
Agreement Subrecipient certifies that Subrecipient has not been identified, and has
not utilized the services of any agent or subcontractor identified, on the list created by
the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement
Subrecipient certifies that Subrecipient has not been identified, and has not utilized
the services of any agent or subcontractor identified, on the list created by the State
Treasurer pursuant to G.S. 147-86.81.
c. Non-Discrimination. Subrecipient shall at all times remain in compliance with all
applicable local, state, and federal laws,rules,and regulations including but not limited
to all state and federal non-discrimination laws,policies,rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.oran e�ync. o�partments/purchasing division/contracts.php.)
Any violation of the Orange County Non-Discrimination Policy is a breach of this
Agreement and County may immediately terminate this Agreement without further
obligation on the part of the County. This paragraph is not intended to limit and does
not limit the definition of breach to discrimination.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall
have jurisdiction or venue with respect to such suits or actions. Binding arbitration
may not be initiated by either Party, however, the Parties may agree to nonbinding
mediation of any dispute prior to the bringing of such suit or action.
e. Relationship of the Parties. Subrecipient is an independent contractor of the County.
Subrecipient represents that they have or will secure, at its own expense, all personnel
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required in performing the services under this Agreement. Such personnel shall not be
employees or any have contractual relationship with the County.All personnel engaged
in work under this Agreement shall be fully qualified and shall be authorized and
permitted under federal, state, and local law to perform such services.
f. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Subrecipient and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
g. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
h. Non-Appropriation. Subrecipient acknowledges that County is a governmental entity,
and the validity of this Agreement is based upon the availability of public funding under
the authority of its statutory mandate.
In the event that public funds are unavailable or not appropriated for the performance
of County's obligations under this Agreement,then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Sub-recipient of
the unavailability or non-appropriation of public funds. It is expressly agreed that
County shall not activate this non-appropriation provision for its convenience or to
circumvent the requirements of this Agreement.
In the event of a change in the County's statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this
Agreement shall automatically terminate without penalty to County upon written notice
to Sub-recipient of such limitation or change in County's legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent
of the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article I IA and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Subrecipient's Name
Attention: Rebecca Crawford Jamal Phillip Nasseri
P.O. Box 8181 5722 Old Greensboro Road
Hillsborough,NC 27278 Chapel Hill,NC 27516
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: SUBRECIPIENT:
By: By:
Bonnie Hammersley, County Manager
Tony Blake, President
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Exhibit A: Subaward Data
Subrecipient Name [White Cross Volunteer Fire
Department]
Subrecipient Unique Entity Identifier: [96131]
Federal Award Identification Number(FAIN): SLFRP1631
Federal Award Date of Award to the Recipient by [October 1, 2022]
the Federal Agency:
Subaward Period of Performance Start Date: [October 1, 2022]
Subaward Period of Performance End Date: [December 31, 2024]
Amount of Federal Funds Obligated by this Action [$2,562,300]
by the Pass-Through Entity to the Subrecipient:
Total Amount of Federal Funds Obligated to the [$2,562,300]
Subrecipient by the Pass-Through Entity Including
the Current Obligation:
Total Amount of the Federal Award Committed to [$2,562,300]
the Subrecipient by the Pass-Through Entity:
Federal Award Project Description: This project provides funding to replace
obsolete radios used by nine (9) Orange
County Fire Departments and Rescue
Squads. The new radios will be P25
compliant in order to ensure
interoperability and compatibility with
other public safety equipment and
entities.]
Name of Federal Awarding Agency: Department of Treasury
Name of Pass-Through Entity: Orange County,North Carolina
Contact Information for Orange County [Gary Donaldson]
Authorizing Official:
Contact Information for County Project Director: [Rebecca Crawford]
CFDA Number and Name: 21.027- Coronavirus State and Local
Fiscal Recovery Funds
Identification of Whether Subaward is R&D: Not R&D
Subrecipient Indirect Costs: See Exhibit C—Approved Budget
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Exhibit B: Scope of Services
In accordance with all local, state, and federal regulations, White Cross Fire Department will
purchase replacement Dual Band Radios and any associated maintenance services to be
distributed to all fire districts and Rescue Squads that serve Orange County residents and have an
existing franchise agreement with Orange County Government but are not considered a
department within a municipal government.
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Exhibit C: Approved Budget
Department/District Name White Cross Volunteer Fire Department
Project Name P25 Phase II compliant radio replacement
Object Code FY 2022-23 FY 2023-24 FY 2024-25 Total
510000-P ERMAN ENT SALARI ES
510100-OVERTIME
510200-LONGEVITY
511000-NON-PERMANENT PERSONNEL
515000-CONTRACT PERSONNEL
520000-SOCIAL SECU RITY
520001-MEDICARE
520100-MEDICAL INSURANCE
520110-HSA CONTRIBUTION
520150-DENTAL INSURANCE
520160-LIFE INSURANCE
520200-RETIREMENT
520305-NON-SWORN 401(K)
530000-TRAVEL
530100-TRAINING/DEVELOPMENT
530200-CERTIFICATIONS&LICENSES
530500-PERSONAL MILEAGE
540000-TELEPHONE
550000-POSTAGE
590000-DUPLICATING
591000-PRINTING
600000-ADVERTISING
610000-DUES
611000-SUBSCRIPTIONS
620000-DEPARTMENTAL SU P P LI ES
621000-OFFICE SUPPLIES
625010-SOFTWARE MAINT&LICENSING
630000-CONTRACT SERVICES
634000-LEGAL SVS
681070-PROGRAM EXPENSE
682002-CREDIT CARD ACCEPTANCE CHARGES
682070-ECONOMIC ASSISTANCE PROGRAM
683012-RESTARTTHE ARTS
685005-MARKET RESEARCH
685006-PUBLICATIONS
720113-OC LIVING WAGE
740000-CAPITAL UNDER$500
765005-CLIENT NEEDS
768060-YOUTH SPONSORSHIPS
782500-LOCAL URGENT REPAIR
782510-LOCAL SINGLE FAMILY REHAB
782615-HOUSING STABILIZATION
800000-EQUIPMENT 2,562,300.00 2,562,300.00
800100-IT EQUIPMENT
803000-BUILDING IMPROVEMNTS
897085-BROADBAND FIBER
899950-U NALLOCATED
900086-SMALL BUSIN ESS CENTER
Total 2,562,300.00 0.001 0.00 2,562,300.00
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Exhibit D
APPENDIX A,44 C.F.R.PART 18—CERTIFICATION REGARDING
LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation,renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission ofthis certification is a
prerequisite formaking or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient, White Cross Volunteer Fire Department, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition,the Subrecipient understands and agrees that the provisions of 31 U.S.C.
Chap. 38, Administrative Remedies for False Claims and Statements, apply to this
certification and disclosure, if any.
Signature of Subrecipient's Authorized Official Date
Print Name, Title of Subrecipient's Authorized Official
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Exhibit E: Required Contract Provisions (2 C.F.R. Part 200,Appendix II)
All contracts made by Subrecipient under this Agreement must contain provisions covering the
following, as applicable:
1) Equal Employment Opportunity. For contracts that meet the definition of"federally assisted
construction contract" in 41 C.F.R. § 60-1.3, during the performance of the contract the contractor
must include the equal opportunity clause found in 41 CFR 60-1.4(b), unless otherwise stated in
41 CFR 60-1.3. For the purposes of this requirement the term"construction work"means "the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing utility
services. The term also includes the supervision, inspection, and other onsite functions incidental
to the actual construction."Each nonexempt prime contractor or subcontractor must include the
equal opportunity clause in each of its nonexempt subcontracts.
2) Suspension and Debarment. Pursuant to 2 CFR Part 190, as adopted by the U.S.
Department of Treasury at 31 CFR Part 19, Subrecipient's contractors and subcontractors
are subject to suspension and debarment regulations. The suspension and debarment
regulations restrict Subrecipient from entering into a"covered transaction"with parties
that are debarred, suspended, or otherwise excluded, or declared ineligible for participation
in federal assistance programs and activities. Such ineligible parties are generally listed on
www.sam.gov. "Covered transactions"include procurement contracts by Subrecipient
under this Agreement, as well as certain subcontracts, for goods or services worth$25,000
or more.
Applicable contracts and subcontracts must include a provision requiring compliance with
debarment and suspension regulations (2 CFR 180; 2 CFR Part 200, Appendix II(H)).
3) Prohibition on Certain Telecommunications and Video Surveillance Equipment
Systems. The Subrecipient and its contractors are prohibited from obligating grant funds
to: (1)procure or obtain, (2) extend or renew a contract to procure or obtain, or(3) enter
into a contract(or extend or renew a contract)to procure or obtain equipment, services, or
systems that use covered telecommunications equipment or services as a substantial or
essential part of any system, or as critical technology of any system. "Covered
telecommunications equipment or services" includes items produced by certain Chinese
manufacturers specified in 2 C.F.R. 200.16.
4) Domestic Preference Clause. In accordance with 2 CFR 200.322, as appropriate and to the
extent consistent with law, the Subrecipient and its contractors should, to the greatest extent
practicable, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products) in its contracts and purchase orders.
5) Access to Records. The Subrecipient and its contractors and subcontractors must give the
County and the Department of Treasury access to records associated with their awards during
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the federally required record retention period and as long as the records are retained (2 CFR
200.334, 200.337.).
6) Compliance with Federal Law, Regulations, And Executive Orders and
Acknowledgement of Federal Funding. The Subrecipient's contractors must acknowledge
federal financial assistance will be used to fund all or a portion of the contract and that the
contractor must comply with all federal laws, regulations, executive orders, policies,
procedures, and directives.
7) No Obligation by Federal Government or Orange County. The Federal Government,
nor Orange County, are parties to any transaction between the Subrecipient and its
contractor. Therefore, the Federal Government, nor Orange County, are not subject to any
obligations or liable to any party for any matter relating to the contract between the
Subrecipient and its contractor.
8) Affirmative Socioeconomic Steps. The Subrecipient must take six affirmative steps to
ensure use of small and minority businesses, women's business enterprises, and labor
surplus area firms when possible (2 CFR 200.231). One of the six steps is to require the
prime contractor, if subcontracts are to be let, to take the five other affirmative steps (2
CFR 200.321(b)(6)).
9) Contracts over $2,000. All prime construction contracts in excess of $2,000 must include a
provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) and the
requirements of 29 C.F.R. pt. 5 as may be applicable, when required by federal legislation.
Contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. Contractors must be required
pay their laborers and mechanics the higher of the wages specified in the referenced determination
by the Secretary of Labor or the Living Wage as determined in the Orange County Living Wage
Policy and the Orange County Operating Budget for the fiscal year in which the contract is entered.
Subrecipient must place a copy of the prevailing wage determination in each solicitation. The
decision to award a contract or subcontract must be conditioned upon acceptable of the wage
determination. Subrecipient must report all suspected or reported violations to Orange County and
the U.S. Treasury.
For construction or repair work over$2,000 where the Davis-Bacon Act also applies,the contractor
must include a provision for compliance with the Copeland Anti-Kickback Act, 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3. The Act provides each contractor must
be prohibited from inducing, by any means, any person employed in the construction, completion
of repair or public work, to give up any part of the compensation to which he or she is otherwise
entitled. Contractors shall insert in any subcontracts the sentence "the contractor shall comply with
18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract,"and other such clauses as appropriate agency
instructions require, and also a clause requiring the contractor to include these clauses in any lower-
tier subcontracts. The contractor must be responsible for compliance by any subcontractor or lower
tier subcontractor with these contract clauses. A breach of the requirements of this provision may
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be grounds for termination of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. § 5.12. Subrecipient must report all suspected or reported violations to Orange
County and the U.S. Treasury.
10)Contracts Over $10,000. All contracts in excess of$10,000 must address termination for cause
and for convenience by the Subrecipient, including the manner by which it will be affected and the
basis for settlement.
For contracts for purchases of$10,000 or more, the Subrecipient and its contractors must also
comply with Section 6002 of the Solid Waste Disposal Act, which generally requires procuring
only items designated by the EPA at 40 CFR Part 247 as containing"highest percentage of
recovered materials practicable."
11)Contracts over $100,000. In general, all contracts awarded by Subrecipient of more than
$100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with statutory requirements on work hours and safety standards. Under 40 U.S.C.
3702, each contractor must base wages for every mechanic and laborer on a standard 40-hour
work week. Work over 40 hours is allowed, so long as the worker is paid at least one and a half
times the base pay rate for all hours worked over 40 hours in the work week. Additionally, for
construction work, under 40 U.S.C. 3704,work surroundings and conditions for laborers and
mechanics must not be unsanitary or unsafe. Relevant definitions are at 40 U.S.C. 3701 and 29
CFR 5.2.
If applicable per the standard described above, Subrecipient must include the provisions at 29 CFR
5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must include
these provisions, in full, into any subcontracts. In addition to the required language from 29 CFR
5.5(b)(1)-(4), in any contract subject only to the Contract Work Hours and Safety Standards Act
and not to any other statutes cited in 29 CFR 5.1, Subrecipient must also insert a clause meeting
the requirements of 29 CFR 5.5(c).
Non-federal entities who intend to award contracts of more than$100,000, and their contractors
who intend to award subcontracts of more than $100,000, must include a contract provision
prohibiting the use of federal appropriated funds to influence officers or employees of the Federal
Government. Contractors that apply or bid for a contract for more than $100,000 must also file the
required certification regarding lobbying. Each tier certifies to the tier above that it will not and
has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an employee of a federal agency, a Member of Congress, an employee of
Congress, or an employee of a Member of Congress in connection with receiving any federal
contract, grant, or other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
12)Contracts over $150,000. For contracts over $150,000, contracts must contain a provision
requiring contractors to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq, and Water Pollution Control Act, 33
U.S.C. § 1251 et seq. Violations must be reported to the Department of Treasury and the
Regional Office of the Environmental Protection Agency(EPA).
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13)Contracts over $250,000. Contracts for more than the simplified acquisition threshold, currently
set at $250,000, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and penalties as
appropriate. Although not required for contracts at or below the simplified acquisition threshold,
Orange County suggests including a remedies provision.
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