|
FEMA Standard Terms and Conditions Addendum for Contracts and Grants
<br />If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management
<br />Agency ("FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA
<br />grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations,
<br />Part 13 ("44 CFR 13").
<br />In addition, Contractor agrees to the following specific provisions:
<br />1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies
<br />permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, including but not
<br />limited to those remedies set forth at 44 CFR 13.43.
<br />2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in
<br />accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.
<br />3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
<br />a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
<br />by Executive Order 11375 of October 13,1967, and as supplemented in Department of Labor ("DOL")
<br />regulations (41 CFR Ch. 60);
<br />b. Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);
<br />c. Davis -Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);
<br />d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as
<br />supplemented by DOL regulations (29 CFR Part 5);
<br />e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368),
<br />Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
<br />f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
<br />conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89
<br />Stat. 871).
<br />4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to
<br />reporting, including but not limited to those set forth at 44 CFR 40 and 41.
<br />5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents:
<br />a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this
<br />Agreement, shall belong to the participating agency and be disposed of in accordance with the
<br />participating agencies policy. The participating agency, at its own discretion, may file for patents in
<br />connection with all rights to any such inventions and/or discoveries.
<br />6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
<br />a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA
<br />reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for
<br />Federal Government purposes:
<br />1) The copyright in any work developed under a grant or contract; and
<br />2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
<br />7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the
<br />Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as
<br />often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the
<br />Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such
<br />records for the purpose of making audit, examination, excerpts, and transcriptions.
<br />8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or
<br />participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall
<br />comply with record retention requirements set forth in 44 CFR 13.42.
<br />
|