HomeMy WebLinkAboutResolution No. 2026-44 GIT Consulting LLC Work Authorization to Prepare Watershed Master Plan - July 7, 2026City of Aventura
Work Authorization
Title
No.
Consultant
Master Contract
Name
Fiscal Year
City of Aventura Watershed Masterplan
PW-2026-6 Effective Date 7/7/2026
GIT Consulting, LLC
Professional Services
Agreement Between City
of Aventura and GIT
Consulting, LLC
2026
Organization Code 41060000
Point of Contact Georgio Tachiev, PE, PhD
Master Contact May 7, 2027
Expiration Date
Amount
Object Code
$269,266
531010
1. Purpose
This Work Authorization ("WA") is issued pursuant to the Professional Services Agreement ("PSA")
between the City of Aventura and GIT Consulting, LLC, dated May 7, 2024. This WA authorizes the
Consultant to provide professional services for the preparation of the City's Watershed Master Plan.
2. Scope of Work
See Exhibit "A".
3. Deliverables
See Exhibit "A".
4. Period of Performance
Services authorized under this Work Authorization shall commence on the effective date and be
completed within a 12 -month period thereafter. Any extension or renewal must be authorized in writing
by the City of Aventura.
5. Fees
Payments shall be made in accordance with the terms specified in the PSA. Fee for this service shall
be Lump sum with a budget of $269,266.
Page 1 of 2
6. Acceptance and Approval
CITY OF AVENTURA
Bryan Pegues, City Manager Date
Jake Ozyman, Public Works Director Date
CONSULTANT
Georgio Tachiev, PE, PhD Date
Page 2 of 2
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
1. Project Background and Context
Aventura is a highly urbanized coastal municipality within northeastern Miami -Dade County.
Local flood behavior is influenced by flat terrain, shallow groundwater conditions, tidal backwater
at drainage outfalls, intense short -duration rainfall, constrained right of way, and a stormwater
system that must perform under both daily nuisance conditions and larger design events. In this
setting, localized flooding can result from combinations of inadequate inlet capture, pipe system
surcharge, outfall tailwater control, limited available storage, and reductions in hydraulic
efficiency associated with downstream tide levels.
A watershed master plan for Aventura therefore requires a citywide planning framework rather
than isolated site -specific drainage reviews. The work needs to integrate available system
inventory information, geospatial datasets, historical complaints, regulatory context, hydrologic
and hydraulic analyses, and planning -level alternatives into one document that the City can use for
capital programming, flood mitigation policy, interagency coordination, and future design
development. The resulting document will function as both a technical planning report and an
implementation roadmap.
The proposed scope also recognizes that Aventura is a built -out community with continuing
redevelopment activity. Under those conditions, flood risk planning must account for existing
infrastructure limitations, long-term changes in impervious cover and drainage patterns, roadway
service expectations, emergency access, flood exposure of public facilities and neighborhoods, and
the effect of sea level rise on the operating range of gravity drainage systems. These factors make
a watershed -scale evaluation appropriate for both current conditions and long-range capital
planning.
2. Primary Objectives of the Watershed Master Plan
The Watershed Master Plan will establish a comprehensive technical basis for understanding how
runoff is generated, conveyed, stored, and discharged across the City of Aventura under existing,
future, and fully developed conditions. The plan will characterize the City's drainage basins and
sub -basins, define the relationship between topography and the stormwater collection system, and
identify how local conveyance limitations interact with tailwater control at downstream discharge
points. The work will move beyond a simple model build and will produce a planning document
that explains system behavior, prioritizes deficiencies, and converts engineering findings into
implementable projects and policies.
A central objective of the Watershed Master Plan is the evaluation of the existing stormwater
system as an interconnected network. This effort will include compilation and review of available
storm sewer records, structures, outfalls, inlets, discharge controls, exfiltration features where
applicable, roadway drainage patterns, known bottlenecks, and maintenance or operational
constraints. The analysis will identify locations where flooding is driven by insufficient capture
capacity, limited pipe conveyance, hydraulic grade line exceedance, downstream tailwater,
localized low points, or cumulative effects across multiple basins. The report will document not
only where flooding occurs, but also the mechanisms that produce the flooding.
GIT Consulting, LLC 1
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
Another primary objective is the development of flood hazard mapping that is usable for planning
and decision -making. The plan will generate maps and exhibits that show modeled flood response
for selected design events, problem area extents, system constraints, and vulnerable public assets
and neighborhoods. These mapping products will support identification of recurring flood -prone
areas, comparison of existing and future conditions, and screening of improvement concepts.
Mapping will be prepared in a format that can be incorporated into City planning discussions,
capital programming, public communication, and subsequent project development.
The Watershed Master Plan will also provide a long-term capital improvement strategy for the
City's drainage and flood mitigation needs. The scope includes development and screening of
projects such as system conveyance upgrades, inlet and outfall improvements, localized storage,
pump station concepts where warranted, backflow control measures, green infrastructure
opportunities, resilience measures for tidal influence areas, and operational or maintenance actions
that improve level of service. Each recommendation will be tied to a documented flood problem,
a planning rationale, and an implementation pathway. The report will prioritize improvements
using criteria such as expected flood risk reduction, feasibility, order -of -magnitude cost,
constructability, right-of-way implications, co -benefits, and consistency with City goals.
A further objective is to define how the City's stormwater system and flood risk are expected to
change over time. The plan will compare current conditions with future land use and fully
developed conditions, and it will evaluate how changing runoff characteristics, redevelopment
patterns, and sea level rise may alter the performance of existing infrastructure. This long-range
planning perspective is necessary for a built urban environment in which capital improvements
must be staged over multiple budget cycles and coordinated with transportation, utility, parks, and
redevelopment initiatives.
The Watershed Master Plan will also identify policy, programmatic, and coordination measures
that complement capital improvements. These may include revisions to stormwater design criteria,
project prioritization procedures, maintenance strategies, redevelopment standards, adaptation
planning measures, data management practices, and coordination with county and regional
mitigation planning efforts. The plan will therefore serve not only as a record of technical analysis,
but also as a management tool for implementation over the near, medium, and long term.
3. Relation to Existing Planning and Regulatory Context
The Watershed Master Plan will be prepared within the framework established by the City's
adopted ordinances, design practices, floodplain management responsibilities, and related
planning documents. Relevant materials include the City's flood protection information resources,
prior public information and resilience efforts, Miami -Dade County mitigation planning materials,
and the technical expectations stated in the work authorization.
The scope also includes review of how the completed plan can inform broader municipal decision -
making. The final report will provide technical support for capital improvement programming,
policy updates, grant positioning, and prioritization of future drainage studies and design packages.
The plan is intended to create continuity between existing datasets and future project delivery
rather than remain a stand-alone report.
GIT Consulting, LLC 2
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
4. Current CRS Status and Secondary Program Benefits
The Community Rating System is relevant to the project because watershed -based planning and
documented flood mitigation actions can support floodplain management program credit under the
National Flood Insurance Program framework. However, for this assignment CRS is a secondary
benefit of the Watershed Master Plan rather than the principal objective. The project will be
structured first as a citywide stormwater and flood risk planning effort, and the resulting technical
products will then be organized so they can also support applicable CRS documentation.
Available public sources indicate that Aventura is an active CRS participant, although the publicly
accessible sources are not fully consistent. The City's flood protection webpage states that
Aventura holds a Class 7 rating, while FEMA's CRS Eligible Communities listing effective April
1, 2026 identifies Aventura as Class 6 with an effective date of October 1, 2025. The scope
therefore includes confirmation of the City's current standing and documentation needs at project
initiation so the report can be aligned with the most current baseline.
The most relevant CRS linkages are expected in Activity 450, Stormwater Management, and
Activity 510, Floodplain Management Planning. The Watershed Master Plan can provide
defensible system inventory, flood hazard analysis, future condition evaluation, mitigation action
development, and implementation tracking support for those activities. The plan can also provide
technical content for public information and local mitigation planning coordination. These
programmatic benefits will result from the Watershed Master Plan if the work products are
assembled in a clear and traceable manner.
The table below summarizes the principal CRS -related areas that can benefit from the Watershed
Master Plan as a secondary outcome of the assignment.
CRS Activity / Program Area
Connection to Watershed
Resulting Benefit
Master Plan
Activity 450 Stormwater
Watershed -scale runoff
Provides technical
Management
evaluation, drainage system
documentation for
assessment, future condition
stormwater management
analysis, and identification of
planning and improvement
management measures.
prioritization.
Activity 510 Floodplain
Hazard identification,
Strengthens mitigation
Management Planning
problem statements, action
planning support and
development, implementation
traceability of recommended
strategy, and plan
actions.
maintenance framework.
Public Information and
Flood maps, risk descriptions,
Improves consistency
Outreach
and project narratives
between technical findings
developed in the plan can
and community
support outreach materials.
communication.
Local Mitigation Strategy
Plan findings and projects can
Improves alignment of City
coordination
be coordinated with the
priorities with county and
Miami -Dade LMS process
state mitigation planning.
and future mitigation funding
requests.
GIT Consulting, LLC 3
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
5. Proposed Scope of Work
The following tasks and subtasks expand the work authorization into a detailed scope of services.
The tasks are organized to produce a watershed master plan that is technically complete,
administratively traceable, and directly useful to the City for planning and implementation.
Task 1. Project Initiation and Management Framework
1.1. Conduct a kickoff meeting with City staff to confirm project objectives, communication
protocol, schedule, available datasets, and review milestones.
1.2. Review the work authorization, available City studies, relevant drainage and flood -related
ordinances, prior assessments, public information materials, and capital planning
information.
1.3. Confirm study area boundaries, sub -basin framework, assumptions log, quality control
procedures, and report outline.
1.4. Confirm current CRS classification and related documentation needs so those items can
be coordinated during report development without shifting the primary focus of the
assignment.
1.5. Prepare a basis -of -work memorandum summarizing available information, data
limitations, and agreed technical approach.
Task 2. Data Inventory and Existing Conditions Characterization
2.1. Compile available topographic, survey, GIS, land use, zoning, soil, imperviousness,
rainfall, tide, flood complaint, and infrastructure datasets.
2.2. Inventory the existing drainage system, including storm sewers, structures, inlets, outfalls,
pumps where applicable, and known hydraulic constraints.
2.3. Identify critical facilities, transportation corridors, utility assets, public sites, vulnerable
areas, and other locations relevant to flood exposure and emergency access.
2.4. Review data quality, age, coverage, and suitability for modeling and mapping; identify
data gaps and limitations.
2.5. Prepare existing conditions figures and exhibits for inclusion in the preliminary Watershed
Master Plan.
Task 3. Stormwater System Assessment and Problem Area Definition
3.1. Characterize how the existing drainage system performs under typical and design -event
conditions based on available records, hydraulic connectivity, and field -verified
information where available.
3.2. Define recurring problem areas and categorize the governing flood mechanisms, such as
inlet limitation, pipe surcharge, downstream tailwater, insufficient storage, or local
grading control.
3.3. Document the relationship between observed complaints or historic issues and the physical
features of the stormwater system.
3.4. Prepare basin summaries and problem statements that will be carried forward into the
alternatives analysis.
GIT Consulting, LLC 4
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
Task 4. Hydrologic and Hydraulic Modeling
4.1. Develop a watershed -scale hydrologic and hydraulic model using an accepted method
appropriate for local drainage analysis and flood mapping.
4.2. Establish model schematization, design storm selection, rainfall distributions, boundary
conditions, and representation of the existing drainage system.
4.3. Simulate current or existing conditions for the 10 -year, 25 -year, and 100 -year storm events
consistent with the work authorization.
4.4. Simulate future land use and fully developed conditions and compare runoff response,
flood extents, and system performance.
4.5. Evaluate the effect of redevelopment in built -out areas where local drainage response may
change under infill or corridor improvements.
4.6. Perform calibration checks or reasonableness evaluations against available observations
where feasible and document model limitations.
4.7. The modeling effort will include model setup, QA/QC, design -storm simulations, future -
condition simulations, results review, mapping support, and documentation sufficient for
planning -level Watershed Master Plan use.
Task 5. Climate Change and Sea Level Rise Evaluation
5.1. Evaluate the effect of sea level rise on the 100 -year rainfall event using the NOAA
Intermediate scenario and additional future scenarios as appropriate to bracket long-term
risk.
5.2. Assess the effect of tailwater increases on outfall efficiency, flood depths, storage
behavior, and duration of inundation.
5.3. Identify areas where climate and sea level rise materially change project prioritization,
level of service, or implementation sequencing.
5.4. Document the findings in a format that can support both technical planning and future
resilience coordination.
Task 6. Improvement Alternatives and CIP Strategy
6.1. Develop a broad range of management alternatives, including conveyance improvements,
inlets, outfall modifications, pumping concepts, backflow prevention, storage, green
infrastructure, operational changes, and policy measures as appropriate.
6.2. Screen alternatives using criteria such as flood reduction benefit, constructability, right-
of-way constraints, order -of -magnitude cost, implementation complexity, and consistency
with City goals.
6.3. Prepare planning -level concept descriptions for priority projects and identify the basins or
neighborhoods served by each measure.
6.4. Develop a phased capital improvement strategy that distinguishes near -term, medium -
term, and long-term actions and identifies dependencies among projects.
6.5. Identify complementary policy and maintenance measures that improve system
performance or preserve future project benefits.
Task 7. Flood Mapping, Reporting, and Preliminary Watershed Master Plan
7.1. Prepare flood maps, system exhibits, problem area figures, and summary tables for use in
the preliminary Watershed Master Plan.
GIT Consulting, LLC 5
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
7.2. Prepare flood mapping and exhibits for selected existing, future, and sea level
rise/tailwater scenarios as needed to support the preliminary and final Watershed Master
Plan.
7.3. Prepare the preliminary report with sections covering background, data inventory, existing
system characterization, modeling approach, results, flood hazard mapping, alternatives,
and implementation strategy.
7.4. Submit the preliminary Watershed Master Plan to the City for review and support
transmittal to the Division.
Task 8. Review Resolution, Final Plan, and Adoption Support
8.1. Compile review comments from the City and the Division and prepare a response matrix.
8.2. Revise the model documentation, mapping, narratives, and recommendations as needed to
address comments.
8.3. Coordinate with the applicable Local Mitigation Strategy working group so the completed
plan can be used in future mitigation planning consistent with the work authorization.
8.4. Prepare the final Watershed Master Plan for City consideration and adoption.
8.5. Provide final electronic deliverables, supporting graphics, and organized technical files as
agreed.
6. Required Depth of Discussion and Technical Standard
The Watershed Master Plan will be developed at a level of detail suitable for review by the City
and the Division and suitable for subsequent use in planning, capital programming, and future
project development. Each major section of the report will include enough explanation to show
the basis of the conclusions rather than only presenting summary findings. The data inventory
section will distinguish available data, data used in analyses, data found to be unsuitable, and data
gaps that affect uncertainty. The modeling section will identify the analytical platform, model
structure, design storms, assumptions, boundary conditions, and limitations. The alternatives
section will document how candidate projects were screened, prioritized, and organized into a
capital strategy.
The report will also distinguish observed conditions, modeled results, inferred flood mechanisms,
and recommended actions. That distinction is important for technical defensibility, internal
decision -making, future funding support, and any later use of the document for CRS or mitigation
planning documentation. Maps and tables will be prepared with clear legends, titles, scales, and
source notes so that the final report can function as a planning record as well as an engineering
analysis document.
7. Deliverables
The scope of services includes the following deliverables:
kickoff and basis -of -work memorandum;
ii. data inventory and existing conditions exhibits;
iii. preliminary Watershed Master Plan;
iv. review comment response matrix;
GIT Consulting, LLC
City of Aventura x000a Watershed Masterplan
Exhibit "B"
BILLING RATES ($/hr)
CITY OF AVENTURA — WATERSHED MASTER PLAN I FEE ESTIMATE
$250 $200 $166 $170 $130 $100 $90
Task
Description / Scope Item Principal Project Project Project r GIS CADD Manager Engineer Planner 1 Specialist Technician Admin Total Hours Total Fee
Project Initiation and Management Framework
Task 1
1.1
Kickoff meeting with City staff
5
8
4
4
21
$3,874
1.2
Review authorization, studies, and ordinances
2
8
11
4
2
27
$4,786
1.3
Confirm study area, sub -basin framework, QC plan
2
6
9
5
2
24
$4,024
1.4
Confirm CRS classification and documentation needs
2
4
5
4
2
17
$2,990
1.5
Basis -of -work memorandum
2
8
11
4
25
$4,286
Subtotal — Task 1
$19,960
Task 2
Data Inventory and Existing Conditions Characterization
2.1
Compile topographic, GIS, land use, and infrastructure datasets
2
6
13
4
22
4
51
$7,758
2.2
Inventory existing drainage system
2
7
15
9
11
4
48
$7,020
2.3
Identify critical facilities and vulnerable areas
2
4
11
7
13
4
41
$6,366
2.4
Review data quality and identify gaps
2
4
13
7
4
30
$4,728
2.5
Existing conditionsfgures and exhibits
2
4
7
13
22
5
53
$6,802
Subtotal — Task 2
$32,674
Task 3
Stormwater System Assessment and Problem Area Definition
3.1
Characterize drainage system performance
4
9
26
7
4
50
$8,386
3.2
Define recurring problem areas and flood mechanisms
4
9
20
4
7
4
48
$8,070
3.3
Document relationship of complaints to system features
2
4
13
4
5
4
32
$5,148
3.4
Basin summaries and problem statements
5
9
19
4
4
41
$7,244
Subtotal — Task 3
$28,848
Task 4
Hydrologic and Hydraulic Modeling
4.1
Develop watershed -scale H&H model
4
10
60
7
4
85
$14,230
4.2
Model schematization and boundary conditions
4
7
48
7
4
70
$11,638
4.3
Simulate existing conditions (10-, 25-, 100 -year events)
4
9
40
6
4
63
$10,580
4.4
Simulate future land use and fully developed conditions
4
9
34
4
4
55
$9,324
4.5
Evaluate redevelopment effect on drainage response
2
7
10
4
2
25
$4,260
4.6
Calibration checks and model limitations documentation
5
9
26
5
45
$7,816
Subtotal — Task 4
$57,848
Task 5
Climate Change and Sea Level Rise Evaluation
5.1
Sea level rise evaluation, NOAA Intermediate scenario
4
7
19
5
4
4
43
$7,284
5.2
Tailwater increase and outfall efficiency assessment
4
7
17
4
4
36
$6,102
5.3
Identify SLR impacts on project prioritization
2
4
11
5
4
2
28
$4,676
5.4
Document clim ate findings for resilience coordination
2
4
9
5
4
24
$4,004
Subtotal — Task 5
$22,066
Task 6
Improvement Alternatives and Capital Improvement Strategy
6.1
Develop broad range of management alternatives
5
10
24
9
4
4
56
$9,644
6.2
Screen alternatives using multi -criteria evaluation
4
10
22
7
4
4
51
$8,722
6.3
Planning -level concept descriptions for priority projects
4
9
16
5
7
4
45
$7,366
6.4
Phased capital improvement strategy
4
10
22
7
4
47
$8,202
6.5
Complementary policy and maintenance measures
5
7
11
11
4
38
$6,706
Subtotal — Task 6
$40,640
Task 7 Flood Mapping, Reporting, and Preliminary Watershed Master Plan
7.1 Flood maps, system exhibits, and summary tables 4 9 18 22 24 4 81 $11,408
7.2 Preliminary Watershed Master Plan report 9 13 40 12 7 13 9 103 $16,550
7.3 Submit Dreliminary WIMP and support aaencv review 4 7 11 4 26 $4.586
Task 8
Review Resolution, Final Plan, and Adoption Support
8.1
Compile review comments and prepare response matrix
4
6
13
4
4
31
$5,398
8.2
Revise model, mapping, narratives, and recommendations
4
11
22
4
6
11
4
62
$9,772
8.3
LMS coordination and mitigation planning
4
9
13
6
4
36
$6,338
8.4
Final Watershed Master Plan preparation and adoption
7
12
16
4
4
6
7
56
$9,236
8.5
Final electronic deliverables and organized technical files
2
4
7
4
6
4
27
$3,942
Subtotal — Task 8
$34,686
$269,266
Exhibit "A"
Scope of Work
City of Aventura Watershed Masterplan
v. final Watershed Master Plan; and
vi. adoption support materials and organized electronic files. These deliverables
expand the concise work authorization language into a practical framework for
technical production and quality control.
Scope assumptions and exclusions. The scope is for planning -level watershed master planning and
does not include final engineering design, signed/sealed construction drawings, detailed survey,
geotechnical investigation, permitting applications, bid documents, or construction -phase services
unless separately authorized.
Review -cycle assumption. The fee assumes one consolidated City/Division review cycle on the
preliminary Watershed Master Plan and one final revision cycle.
8. Proposed Schedule Basis
The work authorization establishes a 12 -month period of performance. A practical schedule basis
allocates early months to initiation, data assembly, and existing conditions characterization; middle
months to modeling, flood mapping, climate evaluation, and alternatives analysis; and later months
to report preparation, agency review resolution, and final adoption support. This sequence is
consistent with the need to define stormwater system deficiencies before finalizing project
prioritization and the capital improvement strategy.
9. Conclusion
This work scope frames the City of Aventura Watershed Master Plan as a stormwater and flood
risk planning assignment first and a CRS -supportive document second. The work emphasizes
understanding the performance of the City's drainage system, developing flood mapping and
technical findings that are usable for decision -making, and converting those findings into a long-
term implementation and capital improvement strategy. That structure aligns the scope with the
needs of a built coastal community and with the objectives stated in the work authorization.
GIT Consulting, LLC 7
FEMA RELATED CONTRACT CLAUSES
CONTENTS
A.
FEDERAL PARTICIPATION...........................................................................................................
2
B.
DAVIS BACON ACT & COPELAND ANTI -KICKBACK ACT COMPLIANCE ...........................
2
C.
COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT(29
CFR 5.5(b))..................................................................................................................................2
D.
RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT ...........................
4
E.
CLEAN AIR ACT................................................................................................................................
4
F.
FEDERAL WATER POLLUTION CONTROL ACT.....................................................................
4
G.
SUSPENSION AND DEBARMENT...................................................................................................
5
H.
BYRD ANTI -LOBBYING AMENDMENT........................................................................................
5
I.
APPENDIX A, 44 C.F.R. PART 18 -CERTIFICATION REGARDING LOBBYING
CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS..........................................................................................................................................6
J.
PROCUREMENT OF RECOVERED MATERIALS..........................................................................
7
K.
PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENTOR
SERVICES.....................................................................................................................
7
L.
DOMESTIC PREFERENCES FOR PROCUREMENTS....................................................................
9
M.
BUILD AMERICA, BUY AMERICA ACT(BABAA).......................................................................
9
N.
ACCESS TO RECORDS....................................................................................................................11
O.
FEDERAL AWARDING AGENCY SEAL, LOGO, AND FLAGS..................................................11
P.
COMPLIANCE WITH FEDERAL LAW, REGULATIONS, & EXECUTIVE ORDERS ...............11
Q.
NO OBLIGATION BY FEDERAL GOVERNMENT.......................................................................11
R.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS..
11
S.
LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT........................................11
Page 1 of 12
Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025.
FEMA RELATED CONTRACT CLAUSES
The work under this Agreement may be funded in whole or in part by funds provided by a federal
grant, including funding from Federal Emergency Management Agency (FEMA). Contractor agrees
to comply with any additional specific requirements of a Federal Awarding Agency, such as FEMA,
at the time a federal funding source is identified. The following contract provisions are required by
Appendix II to 2 CFR, Part 200 ("Uniform Guidance"). During the performance of this contract, the
Contractor agrees to comply to the terms below, as may be updated from time to time by the Federal
Awarding Agency.
A. FEDERAL PARTICIPATION
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities
to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from this
Agreement.
B. DAVIS BACON ACT & COPELAND ANTI -KICKBACK ACT COMPLIANCE
(FEMA Funded contracts and subcontracts for construction work over $2,000.00 for construction funded
under FEMA's Emergency Management Performance Grant (EMPG), Homeland Security Grant Program
(HSGP), Non -Profit Security Grant Program (NSGP), Tribal Homeland Security Grant Program (THSGP),
Port Security Grant Program (PSGP), Transit Security Grant Program (TSGP), Intercity Passenger Rail —
Amtrack Program (IPR), and Rehabilitation of High Hazard Potential Dam (HHPD) programs).
(1) Davis -Bacon Act. If required by a Federal Awarding Agency, Contractor agrees to comply
with the requirements of 40 U.S.C. 3141-3144, and 3146-3148, as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). If applicable, contractors are 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. A
copy of the current prevailing wage determination issued by the Department of Labor will be provided for
in each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
In the event work under this Agreement is covered by Davis -Bacon, Contractor agrees to enter into
an amendment including the provisions of 29 CFR 5.5(a)(1)-(11) in full before covered work begins.
Further, Contractor agrees to incorporate the provisions of 29 CFR 5.5(a)(1)-(11) in full into any
subcontracts entered for the futherance of the work.
(2) Copeland "Anti -Kickback" Act. If required by a Federal Awarding Agency, Contractor
agrees to comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor is
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor
and the County must report all suspected or reported violations to the Federal awarding agency.
C. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT (29 CFR 5.5(b))
(Federally funded contracts and subcontracts over $100,000 utilizing mechanics or laborers; the terms
"laborers and mechanics includes watchpersons and guards.")
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FEMA RELATED CONTRACT CLAUSES
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (I) of this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $33.00 for
each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages.
a. Withholding Process. The County may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary
relief, including interest; and liquidated damages required by the clauses set forth in this Section, 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 that is held by the same prime contractor (as
defined ink 5.2). The necessary funds may be withheld from the contractor under this contract, any
other Federal contract with the same prime contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same agency, and such funds
may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld
in accordance with 29 CFR 5.5(a)(2)(i) or 29 CFR 5.5(b)(3)(i) of this section, or both, over claims to those
funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a
court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy
estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the
Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (5) of this Section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (5) of this section. In the event of any violations of these clauses, the prime contractor and
any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including
interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors,
and associated liquidated damages and may be subject to debarment, as appropriate.
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(5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person
to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner
discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes
a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or
this part;
c. Cooperating in any investigation or other compliance action, or testifying in any
proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under CWHSSA or this part.
(6) CWHSSA Records Retention. In the event that a contract is subject only to CWHSSA and not
Davis -Bacon, Contractor and its subcontractors must retain regular payrolls and other basic records during
the course of the work and must preserve them for a period of three (3) years after all the work on the prime
contract is completed for all laborers and mechanics, including guards and watchpersons, working on the
contract. Such records must contain the name; last known address, telephone number, and email address;
and social security number of each such worker; each worker's correct classification(s) of work actually
performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions
made; and actual wages paid. Further, the records to be maintained under this paragraph must be made
available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the County, FEMA, and the Department of Labor, and the contractor or subcontractor
will permit such representatives to interview workers during working hours on the job.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
In the event that work provided by Contractor meets the definition of "funding agreement" then the
provisions of 37 CFR 401 and FEMA's implementing regulations shall apply to this Agreement.
E. CLEAN AIR ACT
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the County and understands and agrees that
the County will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance.
F. FEDERAL WATER POLLUTION CONTROL ACT
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
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(2) The Contractor agrees to report each violation to the County and understands and agrees that
the County will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
G. SUSPENSION AND DEBARMENT
Applicable to federally assisted contracts and subcontracts greater than $25,000.
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
(3) This certification is a material representation of fact relied upon by the County. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the State of Florida and, the Federal Government may
pursue available remedies, including, but not limited to, suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
H. BYRD ANTI -LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more, including subcontracts entered into
for $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.
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I. APPENDIX A, 44 C.F.R. PART 18 -CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of their knowledge, 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 alt tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure
Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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J. PROCUREMENT OF RECOVERED MATERIALS
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be acquired
Competitively within a timeframe providing for compliance with the contract
performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(2) Information about this requirement, along with the list of EPA -designate items, is available at
EPA's Comprehensive Procurement Guidelines web site, Comprehensive Procurement Guideline (CPG)
Program US EPA. The Contractor also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and
consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or
recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable.
K. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENT OR SERVICES
(1) 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 (Interim), as used in this clause.
(2) Prohibitions.
a. 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 August 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.
b. Unless an exception in paragraph 3 of this clause applies, the contractor and its subcontractors
may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal
Emergency Management Agency to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system;
iii. Enter into, extend, or renew 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
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iv. Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
(3) Exceptions.
a. This clause does not prohibit contractors from providing:
A service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise
handles.
b. By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment or services that:
1. Are not used as a substantial or essential component of any system; and
2. Are not used as critical technology of any system.
ii. Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(4) Reporting requirement.
a. In the event the contractor identifies covered telecommunications equipment or services used
as a substantial or essential component of any system, or as critical technology as part of any
system, during contract performance, or the contractor is notified of such by a subcontractor
at any tier or by any other source, the contractor shall report the information in paragraph 4.b
of this clause to the recipient or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
b. The Contractor shall report the following information pursuant to paragraph 4.a of this clause:
Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity
identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number, manufacturer
part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.
ii. Within ten (10) business days of submitting the information in paragraph 4.b.i 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
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any additional efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services.
(5) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 5,
in all subcontracts and other contractual instruments.
L. DOMESTIC PREFERENCES FOR PROCUREMENTS
(1) As appropriate and to the extent consistent with law, the Contractor 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).
(2) For the purposes of this section: "Produced in the United States" means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of coatings, occurred
in the United States. "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
M. BUILD AMERICA, BUY AMERICA ACT (BABAA)
The BABAA domestic preference requirements are applicable to infrastructure projects funded under
subject FEMA financial assistance program awards issued on or after January 2, 2023, as well as new
funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated
on or after January 2, 2023. For a list of FEMA programs for which BABAA applies, see Programs and
Definitions: Build America, Buy America Act I FEMA.gov (https://www.fema.gov/grants/policy-
guidance/buy-america/programs-definitions#subject).
(1) Architectural and/or Engineering Contracts. Design professionals agree to incorporate the Buy
America Preference into planning and design when providing architectural and/or engineering professional
services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub.
L. 117-58 §§ 70901-52, no federal financial assistance funding for infrastructure projects will be used unless
all the iron, steel, manufactured projects, and construction materials used in the project are produced in the
United States.
(2) Contractors and their subcontractors who apply or bid for an award for an infrastructure project
subject to the domestic preference requirement in the Build America, Buy America Act shall file the
required certification to County with each bid or offer for an infrastructure project, unless a domestic
preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial
assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured
projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L.
No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial
assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference
requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures
to FEMA, the federal agency; subrecipients will forward disclosures to the pass -through entity, who will,
in turn, forward the disclosures to FEMA.
(3) For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must
sign and submit the following certification to the next tier (e.g., subcontractors submit to the contractor;
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contractors submit to the recipient or subrecipient) each bid or offer for an infrastructure project that has
not been waived by a BABAA waiver:
BUILD AMERICA, BUY AMERICA ACT (BABAA) SELF -CERTIFICATION.
(To be submitted with each bid or offer for which BABAA applies.)
The undersigned [Contractor] certifies, to the best of their knowledge, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for
"infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58,
§§ 70901-52.
The undersigned certifies that for the (project name) that the iron,
steel, manufactured products, and construction materials used in this contract are in full compliance with
the BABAA requirements including
1. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States.
2. All manufactured products purchased with FEMA financial assistance must be produced
in the United States. For a manufactured product to be considered produced in the United States, the cost
of the components of the manufactured product that are mined, produced, or manufactured in the United
States is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all
manufacturing processes for the construction material occurred in the United States.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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N. ACCESS TO RECORDS
The following access to records requirements apply to this contract:
(1) The Contractor agrees to provide the County, the State of Florida, the Federal Awarding
Agency Administrator, the Comptroller General of the United States, or any of their authorized
representatives' access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the Federal Awarding Agency Administrator or his
authorized representatives' access to construction or other work sites pertaining to the work being
completed under the contract.
(4) "In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, County and
Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
O. FEDERAL AWARDING AGENCY SEAL, LOGO, AND FLAGS
The Contractor shall not use the Federal Awarding Agency's seal(s), logos, crests, or reproductions of flags
or likenesses of agency officials without specific Federal Awarding Agency preapproval.
P. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, & EXECUTIVE ORDERS
This is an acknowledgement that Federal financial assistance will be used to fund the contract. The
Contractor will comply will all applicable federal law, regulations, executive orders, Federal Awarding
Agency policies, procedures, and directives.
Q. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to
the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
R. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
S. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT
The following provision applies for contracts where contractor or subcontractor produces copyrightable
subject matter for the County under the Federal award. Work that is subject to copyright, or copyrightable
subject matter, includes any written reports or literary works, software and/or source code, music,
choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works.
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The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license
in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including
prepare derivative works, distribute copies to the public, and perform publicly and display publicly such
data. For data required by the contract but not first produced in the performance of this contract, the
Contractor will identify such data and grant to the County or acquires on its behalf a license of the same
scope as for data first produced in the performance of this contract. Data, as used herein, shall include any
work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works,
software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion
pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before
the completion of this contract, the Contractor will deliver to the County data first produced in the
performance of this contract and data required by the contract but not first produced in the performance of
this contract in formats acceptable by the County.
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