Federal_Funding_Compliance_Addendum_v8.2026_(8-31-26).pdf

Federal Funding Compliance Addendum Between

City of Fort Myers and Contractor

Any supplier, contractor, subcontractor, or other third party (collectively, “Contractor(s)” or “Service Provider(s)”) providing services to the City of Fort Myers, Florida agree to comply with all applicable federal laws, rules, and regulations including, but not limited to, the requirements of 2 C.F.R. Part 200, Appendix II. Further, Contractor agrees to the following:

1. Precedence. The terms of this Federal Funding Compliance Addendum (“Addendum”) are intended to supplement and/or amend the Agreement, Contract, City’s Purchase Order and/or City’s solicitation documents (“Agreement”) as applicable. The terms of this Addendum are to be read in conjunction with the Agreement. However, in the event of conflict, this Addendum will control.

2. Termination.

a. Termination for Convenience. This Agreement may be terminated by City without cause upon no less than thirty (30) days written notice.

b. Termination for Cause. Each term and condition of the Agreement is material and any breach or default by either party in the performance of each term and condition will be considered a material breach or default of the Agreement. Either Party may terminate this Agreement in the event the other party materially breached or defaults in the performance of any of its obligations hereunder, and such default continues for thirty (30) days after written notice thereof is provided to the breaching party. Any termination will become effective at the end of thirty (30) day period unless the breaching party cures any such breach or default prior to the expiration of such period.

c. Administration of Termination. All written notices must be delivered by certified mail, return receipt requested or in person with proof of delivery. In case of termination under this Addendum, only fees for services rendered by the Contractor through the date of termination, if any, will be due and payable, and all work in progress will become property of City and will be turned over promptly by the Contractor. Upon receipt of written notice of termination, up until the date of termination, the Contractor will make reasonable efforts to limit the incursion of additional fees and perform only those services necessary for the timely delivery of work in progress to City and/or to correct a material breach or default, as applicable.

The Parties will not be relieved of the duty to perform their obligations up to and including the date of termination. A termination penalty may not be charged against City.

3. Non-Discrimination. The following statutes and regulations are applicable, without limitation:

a. Title VI of the Civil Rights Acts of 1964 (42 U.S.C §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin.

b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity.

d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and the Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibits discrimination on the basis of age in programs or activities.

e. Title II of the Americans with Disability Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services.

f. If the services provided under this Agreement include construction, then the Contractor agrees as follows:

i. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, or national origin. Such action shall include, but not be limited to the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause.

ii. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

iii. 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 place available to employees and applicants for employment.

iv. 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.

v. 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 administrating agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include the portion of the sentence immediately preceding paragraph

(i) and the provisions of paragraphs (i) through (v) 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 provision will be binding upon each subcontractor, contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor 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.

4. Davis-Bacon Act. If the Agreement NOT TO EXCEED amount is in excess of Two

Thousand & 00/100 Dollars ($2,000.00) and the services include construction, then, when required by applicable federal law, federal program requirements, or the terms and conditions of the applicable federal award, the Contractor must comply with the Davis- Bacon Act (40 U.S.C. § 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards provisions Applicable to Contracts Covering Federally Financed and Assisted Construction).

5. Copeland “Anti-Kickback” Act. If the Agreement NOT TO EXCEED amount is in excess of Two Thousand & 00/100 Dollars ($2,000.00) and services include construction, then, when required by applicable federal law, federal program requirements, or the terms and conditions of the applicable federal award, the Contractor agrees as follows:

a. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. part. 3 as may be applicable, which are incorporated by reference into this Agreement.

b. Subcontracts. The Contractor shall insert in any subcontracts the clause above and such other clauses as the funding awarding agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the Agreement, and for debarment of Contractor and/or subcontractor(s), if any, as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

6. Contract Work Hours and Safety Standards Act (CWHSSA), 40 U.S.C. Chapter 37; 48

CFR §§ 22.403-3 and 52.222-4. If the Agreement NOT TO EXCEED amount is in excess of One Hundred Thousand & 00/100 Dollars ($100,000.00) and Contractor employs mechanics or laborers, then Contractor agrees as follows:

a. Overtime Requirements. The Contractor and their subcontractor(s), if any, providing

Services under this Agreement which may require or involve the employment of laborers or mechanics will not 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-halftimes (1 ½) the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (a) of this section the Contractor and their subcontractor(s), if any, responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and their subcontractor(s), if any, shall be liable to the United States 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 (a) of this section, in the sum of $10 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 (a) of this section.

c. Withholding for Unpaid Wages and Liquidated Damages. The federal awarding agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor and/or subcontractor(s), if any, under any such contract or any other federal contract held by the City, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by City, such sums as may be determined to be necessary to satisfy any liabilities of Contractor and/or subcontractor(s), if any, for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section.

d. Subcontracts. The Contractor and subcontractor(s), if any, shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.

7. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient shall comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

8. Clean Air Act and the Federal Water Pollution Control Act. If the Agreement NOT TO

EXCEED amount is in excess of One Hundred Fifty Thousand & 00/100 Dollars ($150,000.00), then the Contractor agrees as follows:

a. Clean Air Act.

i. 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.

ii. Contractor agrees to report each violation to the City and all required federal awarding agencies, including but not limited to, the Regional Office of the Environmental Protection Agency (EPA).

iii. Contractor agrees to include these requirements in each subcontract exceeding One Hundred Fifty Thousand Dollars ($150,000) financed in whole or in part with Federal assistance where applicable.

b. Federal Water Pollution Control Act.

i. 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.

ii. Contractor agrees to report each violation to the City and all required federal awarding agencies, including by not limited to, the Regional Office of the Environmental Protection Agency (EPA).

iii. Contractor agrees to include these requirements in each subcontract exceeding One Hundred Fifty Thousand & 00/100 Dollars ($150,000) financed in whole or in part with federal assistance where applicable.

9. Energy Policy and Conservation. Contractor will comply with the Energy Policy and

Conservation Act (P.L. 94 163; 42 U.S.C. § 6201-6422).

10. Suspension and Debarment.

a. If this Agreement is a covered transaction for purposes of 2 C.F.R. part 180 and 2 C.F.R.

part 3000, then the Contractor hereby certifies that neither the Contractor, its principals (defined at 2 C.F.R. § 180.995), nor 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).

b. The Contractor must comply with 2 C.P.R. part 180, subpart C and 2 C.P.R. part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transactions with subcontractors and/or contractors.

c. This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.P.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C, in addition to remedies available to the City, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The Contractor agrees to comply with the requirements of 2 C.P.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C throughout the period of this Agreement. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions with subcontractor and/or Contractors.

11. Byrd Anti-Lobbying Amendment. If the Agreement NOT TO EXCEED amount is One

Hundred Thousand & 00/100 Dollars ($100,000) or more, then Contractor 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.

a. For agreement in amounts less than $100,000, Contractor additionally agree to comply with 31 C.F.R., Part 21

12. Procurement of recovered materials, 42 U.S.C. § 6962; 2 C.F.R. § 200.323; 40 C.F.R. Part

247. Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) contained in 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

13. Records Access and Retention. The City, any applicable pass through entity or Federal awarding agency, the Department of Homeland Security, the Federal Emergency Management Agency (FEMA) Administrator, the Comptroller General of the United States, the applicable Inspector General, or any of their duly authorized representatives shall have access to any books, documents, papers, and records, whether electronic or otherwise, of the Contractor that are directly pertinent to this Agreement or any Federal award funding this Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. The Contractor shall permit such parties to reproduce or copy such records, excerpts, and transcriptions as reasonably necessary. The Contractor shall also provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to work performed under this Agreement, when applicable.

The Contractor shall retain all books, documents, papers, financial records, supporting documents, and other records pertinent to this Agreement for a period of not less than ten

(10) years following completion or termination of the Agreement and final payment, or for such longer period as may be required by applicable Federal, State, or local law, regulation, the terms and conditions of the applicable Federal award, litigation, claim, audit, investigation, or other applicable record-retention requirement. The rights of access provided herein shall continue as long as the records are retained.

14. Federal Award Compliance. If this Agreement is funded, in whole or in part, by federal financial assistance, the Contractor shall comply with all applicable federal contractual requirements incorporated into this Agreement and, to the extent applicable, shall:

a. Maintain complete, accurate, and auditable records supporting all work performed, costs incurred, materials furnished, equipment utilized, subcontracted services, and any other documentation reasonably necessary to demonstrate compliance with applicable federal requirements and to support the City's reimbursement or payment requests.

b. Cooperate fully with the City, the applicable federal awarding agency, pass-through entity, Inspector General, Comptroller General of the United States, and other authorized governmental representatives in connection with audits, monitoring reviews, inspections, investigations, reimbursement requests, and grant compliance activities.

c. Provide all reports, certifications, affidavits, supporting documentation, and other information reasonably requested by the City in the form and within the timeframes reasonably required by the City to demonstrate compliance with applicable federal requirements and the terms of this Agreement.

d. Retain all records relating to this Agreement for the period required by applicable federal law, the applicable federal award, or written direction of the City, whichever period is longest.

e. Contractor acknowledges that the City may seek or receive federal financial assistance from one or more federal awarding agencies or pass-through entities after issuance of the solicitation or execution of this Agreement. If additional federal contractual requirements are imposed as a condition of such funding and are applicable to the services provided under this Agreement, the Contractor agrees to comply with those requirements upon written notice from the City, provided such requirements are required by applicable law, the applicable federal award, or the pass-through entity and do not materially alter the fundamental nature or scope of the Agreement.

15. Subcontractor Compliance. The Contractor shall incorporate into each applicable lower-tier subcontract and purchase order all federal contract provisions, certifications, and compliance requirements applicable to the subcontracted work. The Contractor shall remain solely responsible for ensuring that its subcontractors comply with all applicable federal requirements incorporated into this Agreement, Addendum or otherwise required by the applicable federal award.

The Contractor shall not enter into a subcontract with any entity that is suspended, debarred, or otherwise excluded from participation in federally funded transactions, where such restrictions are applicable to the federal award. The Contractor shall perform, document, and maintain records of debarment verification for applicable lower-tier subcontractors in accordance with applicable federal requirements and shall provide such documentation to the City upon request.

The Contractor shall, upon request, provide the City documentation reasonably demonstrating that applicable federal requirements have been incorporated into lower-tier subcontracts. Nothing contained herein shall relieve the Contractor of its responsibility for the proper performance of this Agreement or for ensuring compliance with the applicable federal requirements incorporated into this Agreement.

16. Protections for Whistleblowers. In accordance with 41 U.S.C. §4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

a. The list of persons and entities reference in the paragraph above includes the following:

i. A Member of Congress or a representative of a committee of Congress;

ii. An Inspector General;

iii. The Government Accountability Office;

iv. A Treasury employee responsible for contract or grant oversight or management;

v. An authorized official of the Department of Justice or other law enforcement agency;

vi. A court or grand jury; or

vii. A council member, management official or other employee of City, Contractor, or subcontractor, who has the responsibility to investigate, discover, or address misconduct.

b. Contractor will inform its employees in writing of the rights and remedies provided under this section, in the predominate native language of the workforce.

17. 2 C.F.R. 200.216 Prohibition on Certain Telecommunications and Video Surveillance

Service or Equipment. Contractor affirms that no equipment, services, or systems; or substantial or essential components of; or critical technology as part of a system provided for under this Agreement uses covered telecommunications equipment, as defined by Public Law 115-232, section 889.

18. 2 C.F.R. 200.322 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause:

a. “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.

b. “Manufactured products” mean 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.

c. “Build America, Buy America” means to the extent the federal award or the work is subject to the Buy America Preference requirements under the Build America, Buy America Act and 2 C.F.R. part 184, the Contractor shall comply with all applicable requirements of 2 C.F.R. part 184, including the applicable domestic content requirements, documentation requirements, and any applicable exceptions or waivers.

The Contractor shall not incorporate into the work any iron, steel, manufactured products, or construction material subject to the Buy America Preference unless the Contractor has determined that the item complies with the applicable requirements or that an applicable exception or waiver has been authorized.

19. General Provisions.

a. Contractor shall comply with all applicable requirements of 2 C.F.R. part 200, Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including the applicable contract provisions set forth in Appendix II to 2 C.F.R.

part 200.

b. Contractor shall comply with applicable provisions of 2 C.F.R. 200 sections 317-327.

c. Cost must be reasonable and allocable as outlined in 2 C.F.R. 200.404 and 2 C.F.R.

200.405.

d. Contractor shall comply, as applicable, with the Hatch Act (5 U.S.C. 1501-1508 and

7324-7328).

e. Contractor shall comply with any special requirements provided for in the Federal award and included in the bid or solicitation.

f. Contractor shall comply with all applicable federal laws, rules, regulations and/or ordinances and all other governmental requirements as applicable and/or required within Contractor’s industry standards in the performance of the Agreement.

20. Effect of Addendum. Except as expressly modified by this Addendum, all remaining terms and conditions of the Agreement remain unchanged and in full force and effect.