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Amendment No.1 to the Contract with Flotech Environmental, LLC CZC DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 C2`jt�Zeus AMENDI ENT'.NO. 1 TO THE CONTRACT BETWEEN THECITY;OF WHAM!BEACH, FLORIDA AND FLOTECH ENVIRONMENTAL, LLC FOR CONTRACT PURSUANT TO ITB 2020-203.- G FOR DEEP WELL.CLEANIN , DRAINAGE SYSTEMS MAINTENANCE.AND REPAIR This Amendment Na.' 1 ("Amendment") to.the Contract, dated June 24, 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"), Flotech Environr'nental,. LLC, Florida.limited liability company, having its principal place of business.at 657 South Drive, Suite 401,Miami, FL 33166("Contractor"):. RECITALS WHEREAS,on.June,24,2020,the Mayor and City Commission approved the award of Invitation to Bid ("lTB") No. 2020-203-WG for deep well cleaning, drainage systems maintenance;and repairs(the `ITB");,and WHEREAS, the ITS stipulates, 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 beetween 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 other miscellaneous requirements of the City Code and Florida law. NOW THEREFORE,'in consideration,Of the mutual promises end 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 Amendment. 2. MODIFICATIONS. . The Contract is hereby modified (deleted items.struck-through and inserted items underlined)as follows:. (a) Contractor agrees to comply with.the"Contract Provisions:for Non-Federal Entity Contracts Under Federal Award,' the "Byrd Anti-Lobbying Amendment Certification" and the "Suspension and Debarment Certification" incorporated herein by reference and collectively attached hereto as Attachment A to this Amendment. Notwithstanding anything to the contrary contained in this • Page 1 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 • Aitiend Merit,the Partia5harehy'agree that Open'executign ofthiS Arriendrnerit„the, Amendment shall be retroactively effectiyetd commencement dateof the-cOntraet. (0) The,foiloWing InSPector General&tar:Rig htSprOvision is hereby incorrierated. into the ContraCt: 73' INSPECTOR GENERAL AUDIT RIGHTS ,• A. Pursuant to Section 225 :'of'the.Code of the.City.orMiami 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 brvb4half of City: g. The.Office:of:the'Inspector General is authorized to investigate'City affairs and empowered to review Past,. present and proposed City programs, accounts; . , . reCorda, contracts and traritaCtiOnt In addition, the Inspector General has 'the power 'to 'subpoena.witnesses,.Administer oaths, require the ProdUctibn of witnesses and:Monitor.City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the,prelectis on time; within budget andin confOrmantewiththecontract documents and applicable law. The Inspector General shall have the power tdaudit, investigate,-monitor,oversee; inspect andrevievii:operationS, aCtiVitieS, performance and procurement Process., including but not limited to project design,. bid SdecifitationS, (bid/proposal) submittals activities of the Contractor,- its officers, agents and -employeet, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to.detect fraud and'corruptien. Pursuant to Section -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 noticetb.the Contractor; the Contractor shall make all' requested recordsand doeumentsavallable tor the Inspector General for irisPection. and copying. The Inspector General. is empowered to retain the services of independent private seater auditors to audit investigate MOnitor,oversee,:inspect and review operations activities; performance and procurement process including but not limited to proiect design; :bid- speCifications, (bid/proposal) -submittals:, activities of the Contractor its Officers,:agents and erribloyees. lobbyists,City staff and elected officials to ensure compliance 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 PosseStion, Custody or control which in the Inspector General's sole ludgment, pertain to perforrnance.of the"contract.including, but net limited to original eStimatefiles,change order estimate files.worksheets,proposals Page 1 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 and`.adreeinents from and with'successful subcontractors and suppliers,all protect- 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 recdrdS. E:. The Contractor shall make available'et its office at all reasonable times tile:records, materials, and other evidence'regarding the acguisitioi (bid' preparation) and performance of this Contract,for examination:audit,or re roduction;until three(3) years after final Payment:under:this.Contractor:for any longer period required;by statute=or by other.cla uses of.this Contract: In addition:. 1; If this Contract'is completeIy 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 arefinally resolved. F. The provisions in this section shall apply to.the Cohtractor its Officers agents, employees, subcontractors and suppliers The Contractor:shall incorporate the provisions in this section in all subcontracts:.andall other agreements executed PI/ the Contractor in connection with.the performhancec .oftlis Contract, G. Nothing in this section shall;impair'arty independent right to the City to conduct audits or investigativeactivitres.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 shell remain unchanged and`in full force and effect In the'event there is a conflict `between the;provisions of this.Amendment'and the Contract,the provisions of this Amendment shall govern,. • [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] Page 3 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 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 BEACH, FLORIDA ATTEST: ,--DocuSigned by: ,--DocuSigned by: rafotti, GratA,Ak atit&A t R-1,46• t fFrafafW.P.&itifidcity.cierk Xmitt.F.gag% City Manger 9/18/2021 I 10:37 EDT Date FOR CONTRACTOR FLOTEOH ENVIRONMENTAL LLC ArigT:; • gAkt,Ltz.t. VA44-1444-4,./: • Se6retary !dent Ptin41,0 sfrq I 017-4 fi Name • int Name . i Date APP1,;OVED AS To ;[OM ef,.1..AkkFiOAC.,;E: FQI?.E..-YEGkrrlorq , • 0,101zi ii,city fcirspy' C.),&•= • Page 4 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 ATTACHMENT A TO AMENDMENT Al. CONTRACT PROVISIONS:FOR NON;FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS A2.. BYRD,ANTI-LOBBYING AMENDMENT CERTIFICATION FORM A3. SUSPENSION AND,OEBARMENT CERTIFICATION FORM Page 5 414 , DocuSign Envelope ID:9215BA75-00CE-46M-ABFA-43A88F993037 MtaChMerit-A tO Agreerrient Attachment Al Contract Provisions for Non-Federal Entity Contracts:Under Federal Awards The following provisions shall be applicable to all woricperforrtied pursuant to the Centred and shall Supersede any conflicting Or0Viip,0 contained elsewhere. BFEA‘cilps. AND DISPUTE`:RFSD4LITION. 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 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 reselved. (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 obis employeeS, agents or others for.Whose acts he is legally liable,l'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. '0,TERMINATION FOR CONVENIENCE. The city,at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30):days written*Aide. Upon receipt of such notice, the Contractor shall not,incur any additional costs Linder this-Contract.The City shall be liable only for reasonable costs incurred by the Contractor priorlo,notice of termination. The City'shall be the.sole,judge of"reasbriable costs" C.DEFAULT; REMEDIES; TERMINATION FOR cAysE The City reserves the right Ao terminate this ciopttoct, in part or in Whole; or place the Contractor on probation,:or to avail itself of alt Other remedies available at law and equity, inclusive injunctive relief and specific perforinance, 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 breech to the Contractor and advising the Contractor that the breach'must be cured immediately or this Agreement may be terrninated. by the City. The City reserves the right to aVall.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. 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, Celor .sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veterans etatus, 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 Pago 6 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A to Agreement action:shall include,;but riot be limited to, the followings 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 r standard,coMniercial 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,sexua:orientation, gender identity, or national origin. (3) The Contractor-will not discharge or in anyother 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 compenssation 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 on:investigation, proceeding, hearing,,or.action, including an investigation conducted by the employer, Or is consistent withthe C.ontractor`s:legal duty to furnish information. .(41 The Contractor will send to each labor union or--representative of workers with which he has a collective bargaining agreement or other contractor Understanding, a notice to be provided advising the said,labor union.orworlcers'representatives of the Contractors commitments under this section, and:shall post copies of the notice:in conspicuous places available:to employees and applicants for eriipleynaeht., (5). The Contractorwill.complywlth all provisions of'Executive Order 11246 of September 24, 1965; and ofthe.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 orrders of The Secretary of Labor, or pursuant thereto, endwill;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 Contractors 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 furthe ',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., ores otherwise provided bylaw. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the:Secretary of Labor issued pursuant to section 264 of Executive Order 11246 of:September 24, 1965, so that such provisions will be binding upon each of Contractor's vendors and subcontractor's. The Contractor will take such action with respect to any.subcontract or purchase.order es the City may direct as a means of enforcing such provisions, including sanctions for noncompliance, Page.'7 of 14 DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Aftadhatent A to Agreement DAVIS BACON ACT; AS AMENDED (40 U.S.C: § 3141-3140) and COPELAND 'ANTI- KI CKBACK"APT(18 VSO,g 49s.V,S.C.,3145).The Davie-Seder!Act and the Copeland Anti-Kickback Act,only apply to the emergency Management Preparedness Grant Program,. Homeland Security „ Grant Program, Nonprofit Security Grant progrant.Tribal Homeland Security.Grant Program,. Port Security Grant Program and Transit Security Grant Pregrain.They de not apply to other FEMA grant and cooperative agreement,pregrernS, including the Public, Assistance Program Accordingly, if applicable to.thisiCentraet:: (1)'All prime COOStrUctiontontradts inexcessof S2000 awarded by nonFederatentities must:include a provision for compliance with the Davis-Bacon Act(40 1),S.Q, §§ 3141-8144, and;314-3148)aS supplemented by Department of Labor regulations r.O*94lationt-(29 Q.Fk. Part 5 "Labor Standards Provisions Applicable.to Contracts Covering Federally Financed and Assisted CiohatriletiOn'). a) In accordance with the statute,and if applicable the Contractor must pay all laborers and mechanics employed or working:00n the site of the Work, unconditionally and not less often. than once a Week,and without subsequent 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 Tull amount of wages andbona fide fringe benefits(or cash equivalents thereof) 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,OnCealWee.R. 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 tide 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 Medhehica,subject to the of paragraph(a)(1)(iv)of 29 CFR 0.:5;aiso,.regular contributions Made or costs indUrred.forMerethan•a weekly period (but not less often than gugirterly).under plans,funda,or programs which cover the particular weekly period,are deemed to be constructively Made or incurred such weekly period,. . Such laborers and mechanics shall be PaidtheapPropriate wage rate and fringe benefits on the wagedetertninationforthe classification of Worktctuallyperformed,without regard to skill, • except 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:, :Pi'ovided, 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 Davit---.baeon poster (WH-1321) Shall be posted at all times by the CoOtractor and its subcontractors at the site of the work in a prominent and accessible place where it be easily seen by the workers. (2)The Contractorshall comply with 18 USC. §.874, 40,U.S:C.§3145, and the requirementsof 29- a.as.may be applicable,Which„are itieorporated by reference into'this Contract, 0c)rittactOt. and Subcontractors are Prohibited from inducing, by any.means, any persbn,employed in the,conStruCtieri, certipletieh, 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 stibparagraphs(G)(1)and (2),and also a clause requiring the subcontractors to include this clause in any lower, tier subcontracts, The Coritradter,Shall 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 Centract,and for debarment as a contractor and subcontractor as provided.in 29'0..F.A.-§512. . CONTP4WT WORK HOURS AND SAFETY STANDARDS ACT OF 1064 40 U.S.C. §§3702 AND 3704. • Page 8 of 14 . • DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A to Agreement If applicable., the Contractor arid:alt.&its sub.contractOrs shall comply with the Contract Work Hours and Safety Standards Act of 1.962, 40 VS..0; §§ 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 WerkWeek 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 accPunt'Of.WOrk'performed by the contractor or-subcontractor under any such contract or any other Federal contraetWith,the sarneprinie contractor;Or any other federally- , assisted contract subject to the Contract Work Hours and:safety Standard's Act,which is held by the same Priine 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, a RIGHTS TO NVENTIONS MADE ONPE.R.A CONTRACT OR AWARD. If the Federal award meets the.00040 of'fowling agreement under 37CFR§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,deVelopmeritel,or research work under that "funding agreement the 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 1555, as amended, 42 U S C §§7401,:7671q and the iFEDERAL WATER POLLUTION CONTROL ACT,as amended,33 U.S.C. §§1251,1347.2 (1) The Contractor. agrees to comply' with all applicable atanderda, orders or regulations issued pursuant to the Clean Air Act, as amended„42 U.S.C. §7401 et sec,and issued pursuant to the Federal Water Pollution.Control'Act,as emended,:33 USC,§1251 et. seq. (2) The Contractor agrees to report:each violation to the City and understands and agrees that the afy 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. Contract& agrees to comply with Mandatary 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.8-,q,Section-6321 et seq.)and(42 0.S:C. .6201); J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION'. Page9 of 14 • DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A to Agreement • (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 2C.F.R.-§180:996),or ifs 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 § 180935): The Contractor must comply with 2 CIF.R. pt. 180,subpart C and 2 C.F.R. pt.:3000i: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 Cf.F:R,pt. 180; subpart C and 2-C:F.R. p1 3000., subpart C in addition to remedies available to the City,. the Federal Government may pursue available remedies, including but not limited to suspension ancifor debarMent, The Contractor agrees to comply with the requirements of C,F,F.Z.;pt '180;,s0bpar.t.C.end ze:.F.R. pt. 3000,s012Part C and shall include provision requining such-compliance:in its lower tier ceveredttaileactions. • f(2)BySigningand-SubMitting'this ferrri,the Contractor shall aiSe execute and oVide the City • With, and require all.loviier 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 volynterily. excluded from participation:in:this covered transaetion, unleSs'eutheri4ecl in writing by the City c- and ii. they will include this clause titled "Certification Regarding Debarment, Suspension,- ineligibility and Voluntary Exclusion%..and :the certification form without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactiene. The Contractor may rely,upon a Oertifieatien, of•a. prospective 'participant in a lower tier cOvered'.irahsaCtibrilhat it is not debarred,.suspended, ineligible, or voluntarily excluded from the covered tranSaction,"inlets it knows that the certification • is erroneouS.The Contractor may decide the method and frequency by whiah 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, deharted, ineligihle, 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 debannerit K. BYRD ANtw_cmEiYiNG CERTIFICATION AND DISCLOSURE.STATEIVINTS. Contractors who apply or bid for or have received an award of$100,00.0 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 an officer or employee of any agenoy, e 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 Federalaward.Such disclosures are forwarded from tier to tier UP to the reciPient. .1,..R.ECYCLEDPRODUCTSIRECOVERED 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 § 6962), Page 10 of14 • • DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attechrrtent A to Agreement 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 247All 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 (NFPA). If:shall be the responsifility 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 th-e.prodget cannot be.acquired'. (I),Competitively within a timefrarrie providing for compliance With.the contract performance schedule; (2)Meeting Contract,performance r"equirements, 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//wwwepagov/smmfregutatory- background-comprehensive-procurement-guideline- prograrn-cpg. • ..GONNTRACTING 'WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSiNESS ENTERPRISES, AND LABOR SURPLUS.. AREA FIRMS,. C E.R: § 200 321:(G) ;Pursuant to C.F.R.2011321(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, (I); Placing qualified small and minority businesses :and worrien'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 tetat requirements, When economically'feasible;'into:smaller-tasks or-quantities to permit maximum participation, by small and minority businesses, and -women's business enterprises;' (4) Estallishing 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. Page 11 of 14 • DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A to Agree Merit C. PROGRAM FRAUDAND FALSE.OF FRAUDULENT STATEMENTS OF RELATED ACTS.,The Contractor hereby acknowledges that 31 U.S.C.,Chap.38:(AdminiStrative Remedies for False Claims arid,StaterneritS)-applieS:to the CentractOr!s.action&pertaining to the Contract P. C)F1 '.SP.A1.., LOGO,AND FLAGS..The Contractorehall,not.use the DNS seeks)', 'egos, crests, or reprodUctiens:df flags'orlikenesseS of OHS agency officialewithouf specific FBI,*pre-approval. 'Q.COMPLIANCE WITH FEDERAL tAW,REGULATIONS,ANDEXECUTIVE 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 604400 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 frbrn:tbo'Cbrifoct, 0.14,ANdE The Contract may be modified by mutual consent in writing through the issuance a modification to the Centred. T.11\113EIVINIFICATION For any work.performed on Federally funded projects, the ContraCtoragreesiteindernnify 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 contraot: U. The Contractor halF btiti4.6 theLS. DePartinerit of Herneland Securit0 E.-Verify, system to verify the employment eligibility of all now:erfirliOyee§. 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 Centrectiterrn. • V. BOND REQUIREMENTS(2•CFR§200.325).Notwithstanding Florida law or City practice, at a minimum for construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold(currently$150,0,00), the following requirements must be met .A. A bid guarantee from each bidder equivalent to five percent(5%):Of the bid pride. The"bid guarantee!' must'consist of a firm commitment such as a bid bond,certified check or other negotiable. instrument accompanying a bid as aSSuranCe that the bidder will; upon acceptance of the hid. execute such contractual documents as may be required within the time Specified. B A performance bond on the part of the contractor for 100,percent of the contractprico. lc: A payment.bondon the pert of the cOntracter for 100 pereent Of,the contract price. ,Page 12 of 14: ' DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A td Agreerrierit- , Attachment A2• BYRD ANTI.LOBBYING AMENDMENT OERTiFicATION FORNI APPENDIX A,44 C.F.R. PART 18 CERTIFICATION REGARDING LOBBYING Certification for CantractS,GrantS, Loans,and'Cooperative Agreements The tentractor CertitieS,: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 Cpptractor, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congresz; an officer or employee of Congress, or an employee of a.Member of Congress in connection with the awarding of any Federal dOntradt, the making of any Federal grant; the making of any Federal loan,the entering into of any cooperative agreement,and the extension, dOritinUatien, renewal,amendment,or medific,ationef any Federal contract:grant leen,or cooperative agreenteht• 2, If 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 anency,.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 Contractor..shall complete:and:submit Standard FOrm4LLL-, "Disclosure Form•toRepprt,LObbying,"in accordance with its instruotions. • 3. The. contractor shall reqUire that the language of this certification be included in the award documents for all'Subawards at,all tiers (including subdontradts, subgrants, end 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 is a prerequisite for making or entering into this transaction imposed by 31 § 1352(as amended by the Lobbying Disclosure Act of 19.95).Any person who fails to file the required certification shall be subject to a civil penalty of not.less than $10,000 and not Mere than$100,000 for each t Uch failure. The Contractor certifies or affirms the truthfUlness and accuracy of each statement of its-certification and!diclo,spre;.if any.:In addition, the Contractor understands and agrees that the provisions of 31 §3801 et Sea.,apply to this certification and disclosure, if any. Contractor: N.ithanzed Representative(Narrie):. •FIQTECH ENVIRONMENTAL,LLC C P pateSignedf Authorized • tative(Signature): .15 2' f " Vage.13 of 14 • DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037 Attachment A to'Agreement Attachment A3 SUSPENSION AND DEBARMENT CERTIFICATION 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 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 riot 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 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." By virtue of:submitting bid, bidder certifies or affirms itS, compliance with the Suspension and Debarment Certification. Contractor: Authorized Representative(Name): _FLOTECF ENVIRONMENTAL,LLC ., Date Signed: Authorized Re. ese (Signature): 6-/ • • Page 14 of 14•