Amendent 1 to contract with Ancme Barricades, L.C. •
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AMENDMENT NO. I TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ACME BARRICADES,LC.
FOR CONTRACT PURSUANT TO ITB 2020-027-OF FOR THE RENTAL OF
• BARRICADES AND RELATED TRAFFIC.CONTROL EQUIPMENT
This Amendment No. 1 ("Amendment") to the Contract, dated July 10, 2020, 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 ) Acme Barricades, L.C., a
Florida coin pany,having its principal place of business at 9800 Normandy Blvd,Davie,FL
33314 ("Contractor"), is entered into this day of , 2021 ("Effective
Date')and hereby amends the Contract as follows:
RECITALS
WHEREAS,on June 10,2020,the ayor and City Commission-approved the award
of invitation to Bid ("ITB")No.2020-027-DF for the rental of barricades and related traffic
control equipMent (the"ITB");and
WHEREAS;the ITB sfiPulates, pursuant to.Section 0200, Sub-Section 16, Binding
Contract,that the approval of the City Manager's recommendation by the Mayor and City
Commission shall constitute a binding Contract between the City and the awarded bidder;
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 Right e 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
Amenclitent.
2. MODIFICATIONS.
The Contract is hereby modified(deleted items strudic--t4Fougia and inserted items
underlined) as follows:
(a) Contractor agrees to corn*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) Anew 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...Citycontract&
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit perforredbv or on behalf of the City.
B. The Office of the inspector General is authorized to investinate City affairs and
empowered.to review past present and proposed City :pronrams, accounts,
records. contracts and transactions. In addition. the insoector General has the
power to subpoena witnesses, administer oaths, recuire the production of
witnesses_and monitor City projects and program. Monitoring of an existing City
protect orprogram'mav include a report concernirra Whether the project is on time,
within budget and in conform ante with the Ocntradt documents.and applicable law.
The ins ector General shall have the power to audit, investigate monitor,o"iersee.
inspect and review coeraticns. activities, performance and procurement process
including but not iirnfted^to,rpj,ect design, aid specifications. toid/proposal;
submittals. activities df the Contractor. its officers. agents and employees,
lobbyists, City staff and elected. officials toensure compliance with the contract
documents and to detect fraudand corru"tier, pursuant to Section 2-378 of the
City Code the City is allocatin a oetcentade 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 al!
recrYsted records and documents available to the Inspector General forinspection
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/propose;) submittals.
activities Of the Contractor its officers,agents and employees. lobbyists, City staf;
and elected officials to ensure comniiance with the contract documents and to
detect fraud arid.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 oriniral estimate files,.chance order estimate files.worksheets.proposals
and agreements front and With successful stihcontractors.and suppliers, alt project-
related correspondence, memoranda, instructions, financial documents.
construction: documents, (bid/cropesal) and contract documents. back-chance
documents. all documents and records which involve cash. trade or volume
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discounts, insurance proceeds. rebates or dividends received, Payroll and
personnel records and suoportina documentation for the aforesaid documents and
records.
E. TheCentractor shall make available atils office at all reasonable times the records,
materials. :and other evidence recording the acquisition (bid preparation) and
performanceof this Contractfor examination,audit. orEproduction. until three(3)
yeas after final payrnent under this Contract or for any longer period required by
statute or by other clauses of this Contract, in addition:
I. 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 aioneals or to
litigation or the settlement.of claims arising under or relating to this Contract
until such E.i•ppealS, litigation. dr claims are finally resolved.
F. The previsions in this section shall apglY to the Contractor, its officers, agents,
employees, subcontractors and suboliert. The Contractor shall incorporate the
oroVisions-in this sect on in all subcontracts and ell other agreements executed by
the Cents-actor in Connection with the performaneeof this Contract.
G. Nothing in,this section Shall itripair 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,
Expapt as amended herein, all ether terms and conditions of the Contract shall
'remain unchanged and in full force and effect, In the event there is a confliet
betwaen the provisions or this Amendrnentand the Contract,the provisions of this
Ant endment Shall govern.
THE REMAINDER 0 F'TH I S PAGE IS LEFT BLANK INTENTIONALLY)
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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
ATTEST:
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7/27/2021 I 10:49 EDT
Date
FOR CONTRACTOR: ACME BARRICADES,LC.
•
ATTEST:
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Secretary President
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ATTACHMENT E
CONTRACT PROVIS[ONS 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 f 011owing provisions shall apply:
(1)Disputes arid 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 he 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 su6mit, any claim,
counterelaitn, dispute and other matters in question between the city end 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 beitigresOlve.d.
(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 patty or 6f any of his,employees,agents bi-ethers for whose acts heis
legally liable, a clan for damages theralcire Shall be-made in writing to such other Party within a reasonable
time after the first observance of sbch injury of damage.
B.TERMINATION FOR CONVENIENCE
The City,at its sole distretion,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 Contract.
The City shall be liable-only for reasonable costs incurred by the Contractor prior Lo notice of termination.Inc City
shall be the sole judge of"reasonable costs."
C.DEFAULT;REMEDIES;TERMINATION FOR CAUSE
The City reserves the right to terminate this.C.ontract,,in part or in whole,or place the Contractor on probation,
or to availitself of all other remedies available at law and equity, inclusive injunctive relief and specific
perfOrmance, in the event the Contraetor fails to perform iri accordance with the terms and conditions stated
herein. Following breech f 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 faits 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.Ail 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.shalf take affirmative action to
ensure at applica ,ts are.empioyed and that employees are treated during cmployment,.without regard to their
race, religion, color,sex,age,disabi ity,.encestry,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,intludirig apprerticeship5.Contr actor fi rther 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:or 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 anotherempioyee ori pplicant.This prevision shall riot appiyto instances in which
an employee who has access'to the compensation information of other employees orepplicants 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 iniresponse to a formai
corriplaint or charge;iii furtherarice of an investigation,proceeding,hearing,dr 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 onion 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 commitin'ents under this section, and shall post copies:of the.
notice in corispicuotis places available to employees and applicants for employment.
(5) The Contractor wiil comply with all provisions of Executive Order 11246 of September 24,1955,.and of the.
rules,regulations,and relevant orders of"the Secretary of Labor,
,(6) The Contractor will furnish allinformation and reports required by Executive Order11246 of September 24,
1965,and by rules,regulations,and orders of the Sc cretary 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 roles,regulations,and.orders.
(7) in the event of the Contractor's noncompliance with the Equal Opportunity:clauses of this Contractor with
any of the said rules,regulations,or orders,this contrect'nay 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 maybe imposed and remedies invoked as provided in Executive Order 11,246 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 ih every subcontract or purchase
order urilcss exempted by rules,regulations,or'orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11245 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 si:ch provisions,including sanctions for noncompliance.
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E.DAVIS-BACON ACT,AS AMENDED(40 U.S.C, g 3141-3148)and COPELAND"ANTI-KICKBACK"ACT(18 US.0§40
U.S.f...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 TransitSecurityGrant 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 52,000 awarded by non-Federal entities must include a provision.
for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3140-3148) '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 accdrdancewith 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
without subsequent deduction orrebate 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 tide fringe benefits(or cash equivd,€'ts thereof)at rates not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor,i*i-addition,contractors must be required`to pay
wages not less than once a week.The City will attach a-copy of the current preva.iling'wage determination
issued by tto Department of Leber to this o`rtli.
b) Contributions made or cost's 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 o.r
mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR 55.5; also, regular, contributions
made or costs incurred fcr 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 b4_paid the appropriate wage rate
and fringe benefits on the wage determination 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-•1327) shall be posted at ail times by the
Contractor and its subcontractors at the site of the N,york'in i proriinent 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;5..C.§3145,and the r es;uirements of 29 C.F.R.pt..3 as
may be applicable,which-art=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 or pub.lic 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 shell be responsible for the compliance'by any subcontractor or lower tier
subcontractor with this clause.A breach of this clause 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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.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, requiri.n:,that mechanics and laborers(including.watchmen
and guards).employed or federally assisted co`tracts be paid wages Of net less Chart one and One-half Urn es their
basic wage rates.for all hours worked irl,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 dana es. 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 3:10 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•wanes required.The City shall upon its own action or upon written request or" an authorized
representativeof the Department of Labor withhold or cause to be withheld,from any moneys payable on account
Of Warn perfor nit d by the contractor cr subcontractor under any such contract or any ether Federal contract with
the same prime contractor,or anycther federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same mime contras or;Such sums'as may be determined to be necessary to
satisfy any liabilities of suh 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 sliail 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".unde_r 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 CPR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and
any it plernenting regulations issued by the awarding agency.
H.THE CLEAN AIR ACT OF 1955, as amended,42 t1.S.C. §§7401-.7S72q and'the FEDERAL WATER POLLUTION
CONTROL ACT,as-amended,33 U.S.C.§§1251-1387;
(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 c-t 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.
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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J.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 cxtluded:(defined at 2 C.F_R.'§180.940)or disqualified(defined at
2 C.F:R. §180935):The Contractor mtist ca rpiy with 2 C.E.R. pt.1St',:subf:art C and 2 C.F.R.pt.3000,subpart
C and must include a requirement to comply with these regulatiOns in,ary 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 didnot comply with 21..F,R:pt.1.?0, subpart C and 2 C.F.R.pt.-3000;Subpart C,in addition
to remedies available to the.City:, the Federal Government may puretie.available renrLdies, including but not
limited to suspension and/or debarment,TheContr,ctor agrees to comply with the requirements of 2 C.F.R.pt:
• 180, subpart C and 2 C.F.R. pt.3000;subpart C•2nd shall include a provision requiring such compliance in its.
lower tier covered transactions..
`2)By signing andsubmitting this form,the Contractor shall also execute.h i provide the:Citywith,and require
all lower tiered contractors to also execute, the certr#i:cation slit 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 dab-reed,suspended,declared ineligible,or voluntarily excluded
from participation in this coveredtransection,unless authorized in writing by-the City;and ii. they will include
this clause.titled"Certification Regarding Debarment,Suspension,ineligibility and`'olu itary Exclusion",and the
certification form,without modification,in all 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 debarrcd,'suspe stied,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 if determines the eligibility of its prince pals.The Contractor may,but is not required to check
the Nor;-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 faiththe certification
required by this clause, The knowledge and information of the Contractor and any other "articipart is:net
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 remedJies available to the Federal Government, the City may
pursue available.renic'dies including suspension and/or debarment.
K.BYRD ANTI-LOB.BrlNG CERTIFICATION ANDDISCLOSUi E STATEMENTS.
Contractors who apply or bid for or have received an award of $100,000 or more shall file' the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing Or attempting to influence en officer pr 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.Eachtier 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 11873, 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 venders to be regularly informed to conform to any thanes 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 timef rar e providing fdr eo rtpliancewith the contract performance schedule;
(2)Meeting Cdntract 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.govismmiregulatory- background-
.Comprehe;lsive-{arocuren;ent-guideline-program•cpg.
il!I.CONTRACTING'WITH SMALL AND MINORITY BUSINESS,WOMEN`S BUSINESS ENTERPRISES,AND LABOR
SURPLUS AREA FIRMS,C.F.R.§200.321(G).
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'woinen's business enterprises are solicited Whenever
they are potential"Sources;
(3) Dividing total requirements, when ecdnomicallp 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
requirefnents 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 pure oses of making audit's, 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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0. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby
acknowledges that 3.1 U:S,C.Chap. 38(Admin'istrative Reri edies for False Cl'a_ims and Statements)applies to the
Contractor 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 DHS 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 lav regulations,executive orders,FEMA policies,procedures,and directives.
R.NO OBLIGATION BY FEDERAL GOVEFRNMEIT
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, itsemployees and/or contractors, and the.
City and its employees and/or contractors from liability to third parties.for Ciairns asserted under th.e cdntract.
U.E-VERIFY.Tri.Contractor shalt utilize the.U.S.Department of Homeland Security`s E.-Verify system to verify the
employment eligibility of all new ernnioyees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors perfpriming work or:providing services pursuant to the,Contract to likewise
utilize-the U.S.Department'of Homeland Security's:E-Verify systerr3 to verify the employment eligibility of all new
employees hired by the subcontractor duringthe Contract term.
DocuSign Envelope ID:142092E9-0A00-4784-951F-36BB599CC689
1 i ` tye V . Q•
�.. _ ,k"a
APPENDIX A,44 C.F.R. PART 1.8-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,"to any person for influencing or attempting to influence an officeror employee of
an a;enty, a ivienter 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 makingof any
Federal grant,the making of any Federal loan,the entering into of any.cooperative agreement,
and the extension, continuation,renewal,amendment, or Modification of any Federal contract,
grant; loan,or cooperative agreement.
2.if any fundsother than Federal appropriated fueds rave been paid Or will he paid to any person
for influencing or attempting.to influence an officer or employee of any agency, a Member of
Congress, an officer or eiiiployee of Congress, or an employeeof a Member of Congress in
connection with this Federalcontract, grant, loan,or cooperative agreement; the undersigned
shall complete and submit Standard Form-ILL, "Disclosure Form to. Report Lobbying," in
accordance with its instructions.
3.The undersigned shall require that the language of this.certificatio:n 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 anddisclose
-accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into.Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act.of 1995).Any person who fails to.file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
The 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:
1 J
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lI �' x_xk�,_ 0, .,it:..; R .N.m, 4"ga " - _ - r
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.§,1S0.995),or its affiliates(defined.at 2 C.F.R. § 150.905)are excluded;defined at 2 C.F.R.
§.180.940)or disqualified (defined at 7 C.F.R.§180.035).
(2)The Contractor must comply with 2 L.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 notcomply 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 andjor 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."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
Name of Birder's Authorized Representative; Title of Bidder's Authorized
II Representative:
DocuSign Envelope ID:142092E9-0A00-4784-951 F-36BB599CC689
l az-2, ! ,F_ ._h tyi.Dal t.m
Detail. by Entity Name
Florida Limited Liability Company
ACME BARRICADES,L,C.
Document Number L98000002816
FEI/EIS! Number 59-3541809
Date Filed 11/09/1998
State FL
Status, ACTIVE
Last Event REINSTATEMENT
Event Date Filed 10/04/2010
r,tCi Gtp3�Ad GS'�SS
9800 NORMANDY BLVD
JACKSONVILLE,FL 32221
Changed:05101/2006
''ting Address
9800 NORMANDY BLVD
JACKSONVILLE, FL 32221
Changed:0412912005\
> .ttt „gent N,,m .ifa
CUMMINGS,CHRISTIAN
9800 NORMANDY BLVD
JACKSONVILLE,FL 32221
Name Changed:04/24/2000
Address Changed:,04/29/2005 I�
Aut;!J 1zod Person(g)
Name.&Address
Title MGR
( i
CUMIvMINGS,CHRISTIAN
9800 NORMANDY BLVD
JACKSONVILLE, FL 32221