Amendment 1 to contract with Orion Oil, LLC DocuSign Envelope ID:142092E9-0A00-4784-951 F-36BB599CC689
AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ORION OIL, LLC
FOR CONTRACT PURSUANT TO ITB 2018-014-AG
FOR PICKUP AND DELIVERY OF UNLEADED GASOLINE AND DIESEL FUEL
This Amendment No. 1 ("Amendment")to the Contract, effective June 20, 2018, by and
between the City of Miami Beach, Florida, a municipal corporation organized and existing
under the laws of the State of Florida, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida 33139 ("City"), and Orion Oil, LLC, a
Florida limited liability company, having its principal place of business at 5200 NW 77
Court,Dora! FL 33166 ("Contractor"),is entered into this 22nd day of July
2021 ("Effective Date")and hereby amends the Contract as follows:
RECITALS
WHEREAS,on June 6,2018, the Mayor and City Commission approved the award
of Invitation to Bid ("ITB")No. 2018-014-AG Pickup and Delivery of Unleaded Gasoline
and Diesel Fuel (the"ITB"); and
WHEREAS,on June 20, 2018, the City and Contractor executed the Contract with
respect to the ITB (the"Contract");and
WHEREAS, this Amendment seeks to incorporate into the Contract the omitted
"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards" and the
"Inspector General Audit Rights"provision required by the City Code.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Contract as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendm ent.
2. MODIFICATIONS.
The Contract is hereby modified(deleted items stwck-thresh and inserted items
underlined) as follows:
(a) Contractor agrees to comply with the"Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards", incorporated herein by reference and attached
hereto as Attachment E.
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(b) A new Section 73(INSPECTOR GENERAL AUDIT RIGHTS)is hereby added to
Section 0200 (Instructions to Bidders)of the Contract as follows:
73 INSPECTOR GENERAL AUDIT RIGHTS
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the.City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
B. The. Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformancewith the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor,oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Contractor, its officers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
C. Upon ten(10) days written notice to the Contractor,the Contractor shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee,inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Contractor its officers,agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption,
D. The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to_performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets,proposals
and agreements from and with successful subcontractors and suppliers, all project-
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related correspondence, memoranda, instructions. financial documents,
construction documents, (bid/proposal) and contract documents, back-change •
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
E. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Contract,for examination, audit, or reproduction, until three(3)
years after final payment under this Contract or for any longer period required by
statute or by other clauses of this Contract. In addition:
1. If this Contract is completely or partially terminated, the Contractor shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
2. The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this Contract
until such appeals, litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Contractor, its officers,agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Contract.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Contractor or
third parties.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendmentand the Contract,the provisions of this
Amendment shall govern.
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed by their appropriate officials,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH,FLORIDA
ATTES Docu--siLt
gnedd by:� DocuSigned b(y�:,
By` i ratAA o NitA A� t L 1 USM
Rafae a c4 7 . Ef-340 9
�rana o,i ity Clerk Alma I.Hudak, i yEManager
7/27/2021 I 10:49 EDT
Date
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FOR CONTRACTOR: ORION OIL, LLC
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ATTEST:
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APPROVED ,
FORM & LANGUAC.
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ATTACHMENT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
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Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions
contained elsewhere in the Contract.
A. BREACHES AND DISPUTE RESOLUTION, For all purchases in excess of the simplified acquisition threshold,
currently$150,000,the following provisions shall apply:
(1)Disputes and Remedies-Disputes arising in the performance of this Contract which are not resolved by the
Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the
authorized representative of the City Mayor for a decision. If there is a disagreement among the parties
regarding the decision of the City Mayor's representative, then either party may submit any claim,
counterclaim, dispute and other matters in question between the City and the Contractor arising out of or
relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach.
(2) Performance During Dispute-Unless otherwise directed by the City,Contractor shall continue performance
under this Contract while matters in dispute are being resolved.
(3) Claims for Damages-Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees,agents or others for whose acts he is
legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable
time after the first observance of such injury of damage.
B.TERMINATION FOR CONVENIENCE
The City, at its sole discretion,reserves the right to terminate this Contract without cause upon thirty(30)days
written notice.Upon receipt of such notice,the Contractor shall not incur any additional costs under this Contract.
The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The City
shall be the sole judge of"reasonable costs."
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C.DEFAULT;REMEDIES;TERMINATION FOR CAUSE
The City reserves the right to terminate this Contract,in part or in whole,or place the Contractor on probation,
or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific
performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated
herein. Following breach of the Contract by the Contractor,the City shall provide written notice specifying the
breach to the Contractor and advising the Contractor that the breach must be cured immediately or this
Agreement may be terminated by the City.The City reserves the right to avail itself of any and all remedies
available at law or at equity,including claims for damages and injunctive relief.The City further reserves the right
to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or
administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if,
following the initial notice of breach,the Contractor fails to timely or adequately and to the satisfaction of the City
cure said breach.In the event of termination for default,the City may procure the required goods and/or services
from any source and use any method deemed in its best interest.All re-procurement costs shall be borne by the
terminated Contractor.
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D.EQUAL EMPLOYMENT OPPORTUNITY
(1) in connection with the performance of this Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race,religion,color,sex,age,disability,ancestry,marital status,
pregnancy,sexual orientation,veteran's status,or national origin.The Contractor shall take affirmative action to
ensure that applicants are employed,and that employees are treated during employment,without regard to their
race, religion,color,sex, age, disability, ancestry,marital status, pregnancy,sexual orientation,veteran's status,
or national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
promotion,demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation,and selection for training,including apprenticeships. Contractor further agrees to
insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment,notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause.
(2) The Contractor shall, 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 Equal Opportunity 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 11246 of
September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase
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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 of Contractor's
vendors and subcontractors,The Contractor will take such action with respect to any subcontract or purchase
order as the City may direct as a means of enforcing such provisions,including sanctions for noncompliance.
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E.DAVIS-BACON ACT,AS AMENDED(40 U.S.C.§3141-3148)and COPELAND"ANTI-KICKBACK"ACT(18 USC§40
U.S.C.3145).The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program,Port Security Grant Program,and Transit Security Grant Program.They do not
apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.
Accordingly,if applicable to this Contract:
(1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act (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").
a) In accordance with the statute, and if applicable,the Contractor must pay all laborers and mechanics
employed or working upon the site of the work,unconditionally and not less often than once a week,and
withoutsubsequent deduction or rebate on any account(except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3),the full amount of wages and
bona fide fringe benefits(or cash equivalents thereof)at rates 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.The City will attach a copy of the current prevailing wage determination
issued by the Department of Labor to this form.
b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,.
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wagedetermination for the classification of work actually performed,without
regard to skill,except as provided in 29 CFR§5.5(a}(4).
c) Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided,that the employer's
payroll records accurately set forth the time spent in each classification in which work is performed.The
wage determination(including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of 29 CFR § 5.5) and the Davis—Bacon poster (WH-1321) shall be posted at all times by the
Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can
be easily seen by the workers.
(2)The Contractor shall comply with 18 U.S.C.§874,40 U.S.C.§3145, and the requirements of 29 C.F.R.pt.3 as
may be applicable,which are incorporated by reference into this Contract.
Contractors and Subcontractors are 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 or subcontractor shall insert in any subcontracts the clause in these
subparagraphs (G)(1) and(2), and also a clause requiring the subcontractors to include this clause in any lower
tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with this clause,A breach of this claue.may be grounds for termination of the Contract,and for
debarment as a contractor and subcontractor as provided in 29 C.F.R.§5.12.
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F.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C.§§3702 AND 3704.
If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety
Standards Act of 1962,40 U.S.C. §§3702 and 3704,requiring that mechanics and laborers (including watchmen
and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their
basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the.
preceding clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition,the Contractor and subcontractor shall be liable to the City 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 herein, 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.The City 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 or subcontractor under any such contract or any other Federal contract with
the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards.Act,which is held by the same prime contractor,such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided
herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection.(F)
herein also a clause requiring the subcontractors to include this clause 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 herein.
G.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD.
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the City 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 City must 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.
H.THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION
CONTROL ACT,as amended,33 U.S.C.§§1.251-1387.
(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.and issued pursuant to the Federal Water Pollution Control
Act,as amended,.33 USC§1251 et.seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn,report each violation as required to assure notification to the City,Federal Emergency Management 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.
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I.ENERGY CONSERVATION.
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(42 U.S.C.Section 6321 et seq.)and(42 U.S.C.6201).
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1.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION.
(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).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.This certification is a material representation of fact relied upon by the City.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 City,the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.The Contractor agrees to comply with the requirements of 2 C.F.R.pt.
180, subpart C and 2 C.F.R. pt.3000, subpart C and shall include a provision requiring such compliance in its
lower tier covered transactions.
(2)8y signing and submitting this form,the Contractor shall also execute and provide the City with,and require
all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The
Contractor shall require all lower tier participants to agree that they:a.shall not knowingly enter into any lower
tier covered transaction with a person who is debarred,suspended,declared ineligible, or voluntarily excluded
from participation in this covered:transaction,unless authorized in writing by the City;and ii.they will include
this clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion",and the
certification form,without modification,in ail lower tier covered transactions and in all solicitations for lower
tier covered transactions.The Contractor may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous.The Contractor may decide the method and
frequency by which it determines the eligibility of its principals.The Contractor may,but is not required to check
the Non-procurement list issued by U.S. General Service Administration. Nothing contained in the foregoing
shall be construed to require establishment of system of records in order to render in good faith the certification,
required by this clause. The knowledge and information of the Contractor and any other participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier •
covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to all remedies available to the Federal Government, the City may
pursue available remedies including suspension and/or debarment.
K.BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS.
Contractors who apply or bid for or have received an award of $100,000 or more shall file the required
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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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L.RECYCLEDPRODUCTS/RECOVERED MATERIALS
The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the
items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any
award under this Contract shall be in accordance with all applicable governmental standards,including,but not
limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of
Safety Hazards(NIOSH),and the National Fire Protection Association (NEPA). It shall be the responsibility of the
Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory
agencies that govern the commodities or services applicable to this solicitation,during the term of any contract
resulting from this solicitation. 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:
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2)Meeting Contract performance requirements;or(3)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background-
comprehensive-procurement-guideline-program-cpg.
M.CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS ENTERPRISES,AND LABOR
SURPLUS AREA FIRMS,C.F.R.§200.321(6).
Pursuant to C.F.R.200.321(g),the City will take all necessary affirmative steps to assure that minority
businesses,women's business enterprises,and labor surplus area firms are used when possible.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;an
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs(1)through(5)above.
N.ACCESS TO RECORDS. In addition to the provisions contained in the Contract,the following access to records
requirements apply to this Contract:
(1)The Contractor agrees to provide the City,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.
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O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby
acknowledges that 31 U.S.C.Chap.38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to the Contract.
P.DHS SEAL, LOGO,AND FLAGS.The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of OHS agency officials without specific FEMA pre-approval.
Q.COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS.This is an acknowledgement that
FEMA financial assistance may 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.
R.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.
S.CHANGES
The Contract may be modified by mutual consent, in writing through the issuance of a modification to the
Contract.
T.INDEMNIFICATION
For any work performed on Federally funded projects,the Contractor agrees to indemnify and hold harmless the
Federal Government, its employees and/or contractors,the County, its employees and/or contractors, and the
City and its employees and/or contractors from liability to third parties for claims asserted under the contract.
U.E-VERIFY.The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
, Y
i S
{
DocuSign Envelope ID:142092E9-0A00-4784-951 F-36BB599CC689
BYR-D ANT'L} n`' iVMEi11DIVIENT CERTIFICATION F;C? 4.11';')WW0e
APPENDIX A,44 C.F.R.PART 18--CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loans,and Cooperative Agreements
The undersigned Contractor certifies, to the best of his or her knowledge,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,toany 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.
2.1f any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into.Submission of this certification isa 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 undersigned 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.
By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying
Amendment Certification.
Name of Bidder's Authorized Representative: Title of Bidder's Authorized
Representative:
}
DocuSign Envelope ID:142092E9-0A00-4784-951F-36BB599CC689
C a5 ENS10 ANU E13 .A. t CERTIF
The Contractor acknowledges that:
(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 City. 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 City, the Federal Government may
pursue available remedies,including but not limited to suspension and/or debarment.
(4)The Contractor 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 Contractor further agrees to include a provision requiring such
compliance in its lower tier covered transactions."
fE
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
Name of Bidder's Authorized Representative: Title of Bidder's Authorized
Representative: