COLUMBIA COUNTY, GEORGIA

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Proposals are due on Thursday, April 9, 2026 no later than 12:00:00 PM ET at https://columbiacountyga.bonfirehub.com

A MANDATORY Pre-Proposal Conference will be held on Wednesday, March 18, 2026 at 10:00 AM ET at the Emergency Operations Center Conference Room located at 650 Ronald Reagan Drive, Evans, GA 30809. All interested providers MUST attend.

Deadline for Questions will be Wednesday, April 1, 2026 at 5:00 PM ET

Please email any questions to Chris Landers:

clanders@columbiacountyga.gov

*PLEASE NOTE THE VENDOR IS ULTIMATELY RESPONSIBLE FOR VERIFYING

THEY HAVE RECEIVED ANY/ALL ADDENDA PRIOR TO THE PROPOSAL

OPENING*

https://columbiacountyga.bonfirehub.com/ mailto:clanders@columbiacountyga.gov

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Table of Contents

CONTENTS PAGE

GENERAL INFORMATION 3

BACKGROUND & PURPOSE 4

SCOPE OF WORK 4

MANDATORY REQUIREMENTS 6

COST INFORMATION 7

SELECTION PROCESS 7

FINAL SELECTION 7

PROPOSAL EVALUATION CRITERIA 7

PROCEDURES FOR SUBMITTING PROPOSALS 8

TERMS AND CONDITIONS 8

FEDERAL REGULATIONS CONTRACT REQUIREMENTS…………………..EXHIBIT A

DRAFT CONTRACT …………………………………………………………………….EXHIBIT B

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES General Information

• Specifications / Requirements / Documentation can be obtained by registering on the Columbia County E-Procurement website: https://columbiacountyga.bonfirehub.com

• Any inquiries should be directed to:

Chris Landers, CPPB, Procurement Supervisor Columbia County Board of Commissioners Procurement Department 500 Faircloth Drive, Building E Evans, GA 30809 E-mail: clanders@columbiacountyga.gov

• Proposals will be received at:

https://columbiacountyga.bonfirehub.com

• Proposals are due Thursday, April 9, 2026 no later than 12:00:00 PM ET. Proposals received after this time will be marked “LATE” and will not be considered.

• A MANDATORY Pre-Proposal Conference will be held on Wednesday, March 18, 2026 at 10:00 AM EDT in the Emergency Operations Center Conference Room located at 650 Ronald Reagan Drive, Evans, GA 30809. All interested providers MUST attend.

• No faxed or e-mailed proposals will be accepted.

• If a vendor becomes aware of alternate solutions or objections that do not meet the attached specifications, it is to the vendor’s advantage to notify the Procurement Department no later than 5 working days before the proposal opening date. Procurement, along with the requesting department, will determine if an addendum revising the specifications will be issued or postponement of the proposal opening is necessary.

• All requested information should be provided in order for a proposal to be considered responsive.

However, any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

• Addenda will be posted on the Columbia County E-Procurement web site (https:// columbiacountyga.bonfirehub.com).

• Email Chris Landers at clanders@columbiacountyga.gov should any questions arise.

Glenn O’Steen, MBA, CPPO Procurement Manager mailto:clanders@columbiacountyga.gov mailto:bbell@columbiacountyga.gov

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Background & Purpose

The Columbia County Board of Commissioners has issued this Request for Proposal for the sole purpose of obtaining responsive proposals from qualified Vendors to provide on call disaster recovery public assistance consulting services should the need arise. There are no current projects requiring these services at this time.

Services could include but are not limited to technical, administrative, and training support to assist with damage assessment, disaster recovery, project estimation, FEMA force account and small and large project document assembly, and Federal procurement requirements review, grant procurement and administration, etc. Work will include working with federal agencies, state agencies, and local governments.

It is imperative that consultants examine and become familiar with the grant programs established by the Federal Emergency Management Agency (FEMA). Funding for these services will be made possible through strict conformance to the guidelines set forth by the Georgia Emergency Management Agency (GEMA) and FEMA. Respondents will comply with the Federal Aid Contract Requirements shown in the attached Exhibit A.

The awarded vendor(s) should be prepared to render the same services and costs outlined in their response to this Request for Proposal (RFP) to both the incorporated and unincorporated areas of Columbia County.

It is the intent of this RFP to allow the two municipalities, the Cities of Grovetown and Harlem, located within the incorporated areas of Columbia County, to independently enter into pre-event contracts with the awarded vendor for the same services at the same costs.

This contract will be overseen primarily by Columbia County Emergency Management. It is the intent of Columbia County to enter into a contract for an initial one-year term, beginning July 1, 2026, and terminating on June 30, 2027. Unless the County, in its sole and absolute discretion, shall elect in writing to not renew the Agreement prior to the end of the original term, the County, in its sole and absolute discretion, may elect to renew this agreement for up to four (4) additional one-year terms, each ending on June 30 of the relevant year, as described below:

• Initial Term July 1, 2026 – June 30, 2027

• Renewal 1 July 1, 2027 – June 30, 2028

• Renewal 2 July 1, 2028 – June 30, 2029

• Renewal 3 July 1, 2029 – June 30, 2030

• Renewal 4 July 1, 2030 – June 30, 2031

Scope of Work

The successful firm will assume responsibility as an independent contractor for the development and submission of FEMA grant applications and the management of all such disaster-related grants. The awarded consultant(s) will be required to follow the code of Federal Regulations, as it relates to procurement and scope of services as amended and updated.

This will include working with federal agencies, state agencies, and several departments within Columbia County.

Some of the services the successful firm may be asked to perform include, but are not limited to the following:

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

1. Provide grant management advice to the County related to FEMA, Federal, or State agency pass-through grants. The awarded firm will review the County’s current record-keeping strategy for documentation.

The awarded firm will assist the affected departments and County members to develop a standard guideline as part of their emergency plans on how reimbursement expenditures are recorded, what type of documentation should be maintained, and provide any other associated services that may be directly related to support recovery costs and reimbursement from appropriate agencies.

2. File the initial Request for Public Assistance (RPA) after the initial disaster (event) within the deadline time period Meet all stated deadlines to meet FEMA and the State’s required timelines to recover full reimbursement.

3. Meet with FEMA Representative(s) and the State Public Assistance Coordinator for the initial Kickoff Meeting to discuss what the County’s initial disaster related damages and expenditures appear to be.

Review the procedures and follow-up processes required to support full reimbursement and/or grant funding.

4. Review contracts, advise the County on the establishment of contracts for contingency services and supplies and advise on the scope of work development for said contracts, and purchasing documentation.

5. Prepare any required supporting documentation that must accompany the Project Worksheets,including working with the County to gather details related to employee fringe benefits, overtime, etc. for labor rates to provide to FEMA.

6. Work with appropriate County staff to assist the FEMA, Federal or State Agency in providing the necessary information, e.g. insurance policies, personnel policies, as requested by those or other agencies to complete necessary documentation for reimbursement and or grant application. Research as necessary to complete all forms.

7. Assist the County in compiling their initial damage assessments, if requested, for all expenditures,both in force account and permanent damages, including labor, equipment, materials, contract, rental equipment and all FEMA reimbursement categories and so on.

8. Assist the County in completing the appropriate documentation required for federal and state reimbursement, and the submittal of all eligible expenditures for small and large projects to the appropriate agencies, and within the required deadline.

9. Provide assistance to determine if any eligible damages or expenses have not been quantified and presented for reimbursement.

10. Assist in tracking all project documentation submitted and following any outstanding expenditure(s) to ensure that all eligible expenditures are credited through submitted reimbursements. Ensure that the County understands why certain expenditures were de-obligated, if any. Track all expenditures and reimbursements to maintain high quality reconciliations of monies expended by the County and submitted for reimbursements versus those actually received.

11. Provide copies of all documentation transacted for reimbursement on behalf of the County. Offer the County any project management design and/or coordination ideas that may result in cost savings, efficiencies, or increased reimbursement.

12. Assist the County, to provide all necessary backup documentation, e.g. invoices, equipment usage documents, etc. that will garner full reimbursement or grant eligibility. The documentation submitted for reimbursement must withstand a FEMA or Federal or State audit and State Emergency Management audit, and the successful proposer will have to support the work for which they are assisting the County.

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

13. Assist with any special documentation and requirements to receive reimbursement under the FHWA program working with the Georgia Department of Transportation (GDOT) and the County.

14. Assist any specialized FEMA teams as they become necessary in the process.

15. Maintain records of all the documentation provided by the County to be submitted to any outside agency for reimbursement and provide the County with said copies upon request at any point in the process.

16. Once all projects are complete and reimbursement has been drawn down for eligible costs, the successful firm would assist with final preparations with the State of Georgia and FEMA or federal agencies for final inspections and the closeout process for large and small projects.The successful firm would participate in the exit conferences with the County, State, and FEMA agencies.

17. The successful proposer must be available to assist with any requests for audit information by any source.

18. If any disputes arise between the County and FEMA and/or the State, the successful firm will assist the County in strategizing and writing the appeals.

19. The successful proposer must be able to have a team available from the start of the disaster reimbursement process to the closeout process for the County. This includes any time accounted for if an appeal is requested by the County.

20. Provide miscellaneous services not otherwise described, but which the County may require during the course of the Agreement, or any other tasks associated with FEMA and FHWA grant management or documentation reimbursement process as requested by the County.

21. The successful firm will also provide the County with a final report that will summarize the total reimbursement requested, total expenditures by Project Worksheet, and any special circumstances.

Additionally, reporting requirements include FHWA reimbursement, total number of Project Worksheets, total reimbursement requested by Category type, total reimbursement requested by small or large project, and any other relevant data.

22. Provide assistance with Georgia Emergency Management Agency (GEMA) Public Assistance document coordination, meetings and project worksheet amendments.

Mandatory Requirements The Bonfire questionnaire titled “Mandatory Requirements” should be completed in its entirety, and directly within the questionnaire spreadsheet provided in Bonfire. The Mandatory Requirements questionnaire along with your firm’s responses to the Approach will be used to compare each firm side by side. Please be sure to include the answers to all questions within the appropriate cells for each. “See page… or See exhibit...” is NOT recommended. At a minimum, a summary of your complete answer is to be included on the spreadsheet.

Columbia County requires proposals to be easy to understand and all reasonable care should be taken to limit responses to pertinent information. Do not include unnecessary or extraneous information. Any additional company/marketing information is welcome and should be presented as attachments within the ‘Additional Information’ area in Bonfire.

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Cost Information

All cost information SHOULD be submitted within the COST PROPOSAL Questionnaire provided in Bonfire.

Any additional information/attachments related to Costs are welcome and should be presented as attachments in the ‘Additional Cost Information’ area in Bonfire. **Cost information SHOULD NOT be included in ANY other section of your RFP submittal.**

Selection Process

The Evaluation Committee, which is comprised of representatives from various departments within Columbia County, will evaluate all qualifying proposals. All requirements in this RFP should be satisfied to ensure that the proposal will qualify for consideration. Columbia County desires to receive proposals only from companies who can demonstrate the specified qualifications described within this RFP.

Current and previous clients of each firm that submits a proposal may be approached with specific questions regarding performance. Responses to these questions will be used as part of the evaluation process.

Final Selection

The Evaluation Committee will present their recommendation to the appropriate oversight committee for review and recommendation. The Columbia County Board of Commissioners will make the final decision.

Proposal Evaluation Criteria

The following criteria will be used to evaluate all proposals. Please note the proposal must meet all mandatory requirements in order to be evaluated.

CRITERIA POINTS

A. Qualifications & Experience 350

- Executive Summary/Corporate Profile

- Litigation/Bankruptcy/Termination

- Staffing/Resumes

- References

B. Methodology and Approach 350

- Approach

- Additional Information

C. Cost 300

TOTAL POINTS 1000

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Procedures for Submitting Proposals

Each vendor must carefully follow all instructions included within the formal solicitation documents regarding the proper submission of a response. Failure to comply with conditions set forth in the solicitation may result in disqualification.

Each Proposer should complete and submit all requested items and information within the Bonfire portal at https://columbiacountyga.bonfirehub.com.

Questions about the responses to the request for proposals should be made in writing via the Bonfire portal.

Questions may also be submitted via mail or email to:

Attn: Chris Landers, CPPB, NIGP-CPP, Procurement Supervisor (clanders@columbiacountyga.gov)

Mailing Address: Columbia County Board of Commissioners Procurement Department 500 Faircloth Drive, Building E Evans, GA 30809

• Proposals must be received no later than Thursday, April 9, 2026 at 12:00:00 PM ET to be considered.

Responses received after this time will be unopened and marked LATE.

• Deadline for questions will be Wednesday, April 1, 2026 at 5:00 PM ET.

• Responses will be retained as property of Columbia County.

• Proposals should generally be less than 50 pages total not including any attachments required by the County and shall outline the tasks mentioned. This is not a strict limitation on the number of pages.

However, Columbia County does not wish to receive irrelevant extraneous information. Please only include pertinent information in your package.

Terms and Conditions

1. Columbia County, GA (the County) reserves the right to reject any or all proposals.

2. The County reserves the right to accept proposals deemed advantageous to the Board of Commissioners.

3. The County is NOT liable for any costs incurred by proposers prior to the issuance of a Notice to Proceed.

The County shall not be liable for any expense incurred in connection with preparation of a response to this document. Vendors should prepare a straightforward and concise description of their ability to meet the requirements of this document.

4. It is the intent of the County to award a contract for these products and/or services based on an evaluation of all proposals for a period of one (1) year with an option to renew for four (4) additional one year terms.

5. Any objections to the specifications, scope of work, or requirements should be filed in writing prior to the proposal deadline. Procurement, along with the requesting department, will determine if an addendum revising the solicitation documents will be issued or postponement of the proposal opening is necessary.

mailto:clanders@columbiacountyga.gov

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

6. The County is interested in any and all details of other innovative and original ideas above and beyond those discussed in this Request for Proposal.

7. The County will evaluate all qualifying proposals that are submitted. All requirements in this RFP should be satisfied to ensure that the proposal would qualify for consideration. The County desires to receive proposals only from Vendors who can demonstrate the specified qualifications mentioned in this RFP.

8. All requested information should be provided in order for a proposal to be considered responsive. However, any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

9. The contracted company will correct any and all errors and omissions that they make at their own expense.

10. Responses will be retained as property of Columbia County, GA.

11. Columbia County does not guarantee quantities.

12. County staff MAY elect to hold presentations and/or interviews. All firms responding to this Request for Proposal should be available, if deemed necessary by the County, within two (2) weeks following the proposal's due date.

13. The selected company shall be required, before awarding of contract, to demonstrate to the complete satisfaction of the County that they have the necessary resources to execute the work in a satisfactory manner and within the time specified; they have had experience of a same or similar nature; they have a past history and references which will assure the company’s qualifications for executing the work.

14. The successful company shall not discriminate against any person in accordance with Federal Laws or Regulations.

15. Columbia County reserves the right to use any and all concepts presented in any proposal to obtain the most beneficial and effective path to achieving its desired goals for the products and services requested. Selection or rejection of proposal(s) will not affect this right. All proposals will be evaluated, and at Columbia County’s discretion, an award will be made to the Proposer who demonstrates the best ability to satisfy the scope of work in the most timely and cost-effective manner possible.

16. Unless otherwise specified, all rates are guaranteed through the initial one-year term of the contract.

17. The term of the contract(s) issued as a result of this request for proposal shall be for not less than one year, subject to earlier termination as provided by law and by the terms of the contract. In addition, unless otherwise specified in the proposal, the award of this contract shall include the right at the option of the County, contingent upon the agreement by both parties to any change in rates/costs or services, to renew and extend this contract on a year-to-year basis as may be permitted by applicable law and County Policy, for up to four (4) additional one-year terms.

18. Columbia County reserves the right, if deemed necessary, to conduct discussions with any or all Proposers for the purpose of clarification of proposals.

19. Columbia County reserves the right to make such investigation and solicit additional information or submittals as it deems necessary to determine the ability of any proposer to perform the Scope of Work stated in this Request for Proposal.

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Terms and Conditions (Cont.)

20. This RFP does not constitute an offer or a contract with the Proposer. A contract or agreement is not implied until a contract is approved and executed by the Columbia County Board of Commissioners.

21. Columbia County reserves the right to cancel the contract with a 30-day notice if it is determined by the Board of Commissioners that service or product(s) are unsatisfactory.

22. All proposals are to remain confidential until award is made or RFP is canceled. Any proposer distributing, publishing, or posting their proposal prior to this time may be subject to disqualification.

23. Companies must have a willingness to commit to specified levels of performance for service and quality.

24. Any interpretation of the RFP will be made only via an addendum. Addenda will be prepared as quickly as possible for dissemination to all registered vendors for the specific commodity(ies).

25. Anyone making a proposal may withdraw their proposal up to the time specified as the closing time and date for acceptance of proposals. No proposer may withdraw, cancel, or modify their proposal except as requested by Columbia County, after being notified that the proposal has been accepted.

26. To inspect and/or receive records on previous solicitations, please visit http://www.columbiacountyga.gov/community/information-/county-information/open-records-request to submit your request through the Open Records Request Portal. By using this portal, you will have the ability to track and monitor your public records request. All Communication will be sent directly to your email account.

27. Compliance with Applicable Law Contractor agrees to comply with all federal, state, county and local laws ordinances and regulations applicable to the work to be done under this Contract. Contractor specifically agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-336) and all regulations and administrative rules established pursuant to those laws.

28. Independent Contractor Status The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of Columbia County for any purpose, and neither Contractor nor any of Contractor’s agents or employees is entitled to any of the benefits that Columbia County provides for its employees.

29. Severability If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

30. All companies and their agents who intend to, or have submitted Proposals to this solicitation are hereby placed on formal notice that lobbying of Columbia County Government employees or members of the Evaluation Panel with the intent to manipulate the Procurement process may result in the immediate disqualification of such company by the County from further consideration for this project.

31. Indemnity and Insurance: To the extent permitted by law, the Contractor shall indemnify and save Columbia County, its officers, agents, employees from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any

RFP# 2026009-RFP1313

DISASTER RECOVERY PUBLIC ASSISTANCE CONSULTING

SERVICES

Terms and Conditions (Cont.)

person(s); or damage or destruction to property, real or personal, arising directly or indirectly from the work performed by the consultant, its subcontractors or employees.

32. This joint resolution jurisdiction authorized under Georgia Code of Laws 36-69A-4 and in accordance with 2 C.F.R. Title 200 provides for any public agency, including, but not limited to, political subdivision of this state other than a county school board or independent school district, volunteer fire department, volunteer rescue squad, any agency of the state government or of the United States and any political subdivision of another state to utilize and purchase from this Contract in the manner defined herein following any natural disaster.

33. Compliance with Federal Rules, Regulations and Guidelines Contractor is responsible for understanding and complying with the following federal rules, regulations and guidelines:

1. Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288)

2. FEMA 325 Debris Management Guide

3. FEMA 9500 Series Policy Publications concerning debris removal

4. FHWA Emergency Relief Program

5. FHWA 1273

6. Executive Orders 11246, 11375 and 11738

7. Copeland “Anti-Kickback” Act

8. Section 306 of the Clean Air Act (CAA)

9. Section 508 of the Clean Water Act (CWA)

10. Section 103 and 107 of the Contract Work Hours and Safety Standards Act

11. Coastal Barriers Resources Act (CBRA)

12. Resource Conservation and Recovery Act (RCRA)

13. Endangered Species Act (ESA)

14. National Historic Preservation Act (NHPA)

15. Coastal Zone Management Act (CZMA)

16. Fish and Wildlife Conservation Act (FWCA)

17. Wild and Scenic Rivers Act (WSRA)

FEDERAL REGULATIONS CONTRACT REQUIREMENTS

FEDERAL EMERGENCY MANAGEMENT AGENCY

The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern.

Contractor means an entity that receives a contract.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,

1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub-agreement);

2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services;

3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider.

FEDERAL CONTRACT PROVISIONS

1. Remedies - 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. See 2 C.F.R. Part 200, Appendix II(A). This requirement applies to all FEMA grant and cooperative agreement programs.

2. Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Contractor’s company or its affiliates.

3. Equal Employment Opportunity - During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to

EXHIBIT A

employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. Discriminatory Vendors – (1) No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance during the term of the contract. (2) Contractor shall disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134,F.S. may not: 1) Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an agreement with a public entity for the construction or repair of a public building or public work; 3)Submit bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under an agreement with any public entity; or transact business with any public entity.

5. Record Retention – A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the City, the State, or its authorized representatives access to such records for audit purposes upon request. B. In the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the City, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims

6. Diversity – All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Georgia. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.

7. Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the City. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations and that FEMA financial assistance may be used to fund the contract. As such, the contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

8. Administrative, Contractual, or Legal Remedies - Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Georgia court of competent jurisdiction.

9. Termination for Cause and for Convenience - This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate;

and (b) An opportunity for consultation with the terminating party prior to termination.

This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor’s default.

If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.

Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process.

10. Patents and Data - No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor’s services.

11. Clean Air Act and Federal Water Pollution Control 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 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. (3) The contractor agrees to report each violation to the Consortium member and understands and agrees that the City 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. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000financed in whole or in part with Federal assistance provided by FEMA.

12. Suspension and Debarment (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’s 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 and2 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 (insert name of recipient/subrecipient/applicant). 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 (insert name of recipient/subrecipient/applicant), 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.” (5) The Contractor’s debarment and suspension status will be validated by the City at the System for Award Management at www.sam.gov and the State of Georgia.

13. Reporting - The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency.

14. Access to Records – (1) The contractor agrees to provide the City of Foley (4), the FEMA 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 FEMA 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 the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the 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.

Pursuant to Section 20.055(5), F.S., the contractor will cooperate with the State of Georgia’s Inspector General in any investigation, audit, inspection, review, or hearing.

15. Energy Efficiency Standards - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

16. DHS Seal, Logo, and Flags - “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”

17. Compliance with Federal Law, Regulations, and Executive Orders - “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

18. 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.

19. 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.”

20. 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 (i) 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 designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

21. Discriminatory Vendors List: In accordance with Section 287.134, Georgia Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services toa public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity.

22. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Georgia Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Georgia Statutes.

23. Contracting With Small And Minority Businesses, Women’s Business Enterprises, And Labor Surplus Area Firms (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

(b)Affirmative steps must include:

(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5) of this section.

24. Compliance With Davis-Bacon Act

(1) Contractor. All transactions regarding this contract shall be done in compliance with the Davis- Bacon Act and the requirements of 29C.F.R.