Amendment No.1 to the agreement with Tidal Basin Government Consulting, LLC DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
TIDAL BASIN GOVERNMENT CONSULTING, LLC
FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES
PURSUANT TO RFP 2019-001-WG
This Amendment No. 1 ("Amendment")to the Agreement, dated August 19, 2019, 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 Tidal Basin Government Consulting, LLC, a District of Columbia limited liability company,
having its principal place of business at 126 Business Park Drive, Utica, New York 13502 ("Consultant" or.
"Contractor"), is entered into this day of , 2021 and hereby amends the Agreement
as follows:
RECITALS
WHEREAS, on June 5, 2019, the Mayor and City Commission adopted Resolution 2019-30841,
approving the award of Request for Proposals ("RFP") No. 2019-001-WG for Emergency Management
Administrative Support Services (the "RFP"); and
WHEREAS, on August 19, 2019, the City and Consultant executed an agreement with respect to the •
RFP(the "Agreement" or the "Contract"); and
WHEREAS,this Amendment seeks to incorporate into the Agreement 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 and conditions contained herein, and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and
Consultant hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items strusk-111Fetigh and inserted items underlined)as
follows:
(a) Section 2.3 of the Agreement is hereby modified retroactively,effective as of August 19,2019,as
follows:
2.3 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance
with the Scope of Services attached hereto as Exhibit A and subject to the "Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards", incorporated herein by reference and
attached hereto as Exhibit A-1.
1
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
(b) A new Section 10.2 (INSPECTOR GENERAL AUDIT RIGHTS) is hereby added to the Agreement
as follows:
10.2 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 conformance with 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-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:
2
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
(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. Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the provisions of this
Amendment and the Agreement, the provisions of this Amendment shall govern:
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY]
•
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 MIAMI BEACH,FLORIDA
ATTEST:
/—DocuSigned by: ,—DocuSigned by:
By: } ad, GV'aln44.e Q(i�a fi hatat 3 34tl
Rreanado, City Clerk Alina '.Hudak, City Manager
9/18/2021 1 10:37 EDT
Date
FOR CONSULTANT: TIDAL BASIN GOVERNMENT CONSULTING, LLC
ATTEST:
L
By:
aze,La,
Laura DeLoach,Assistant Vice President,Resource Mgmt William J Slater Vice President
Print Name and Title Print.Name and Title
08/28/2021
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4 CityAttcrney Date
DocuSign Envelope(D:9215BA75-00CE-46A1-ABFA-43A88F993037
EXHIBIT A-1
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."
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.
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
5
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
employment, without regard to theirrace, 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 accessto 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 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.
6
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
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 ManagementPreparedness 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 notapply 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 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 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 paywages 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 Acton behalf of laborers or mechanics are considered wages paid to
such laborers ormechanics, 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 rateand 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 ormechanics 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 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.
7
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
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 theirbasic 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 paymentof 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 accountof work
performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor,orany other federally-assisted contract subject to the Contract Work Hours and
SafetyStandards 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 clausesset 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. §§ 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 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.
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).
8
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
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 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 determinedthat 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) By signing and submitting this form,the Contractor shall also execute and provide the City with,and
requireall 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 lowertier 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 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 debarred, suspended, ineligible, or voluntarily excluded from the
coveredtransaction, 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 checkthe 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
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.
9
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
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.AII 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). 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.
NI. CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS
ENTERPRISES,AND LABORSURPLUS 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.
Affirmativesteps 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
wheneverthey are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permitmaximum 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 inparagraphs (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 theContractor 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
10
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
access to construction or other work sites pertaining to the work being completed under the Contract.
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 DHS agency officials without specific FEMA pre-approval.
Q.COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an
acknowledgement thatFEMA 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 newemployees hired by the subcontractor during the Contract term.
11
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
: 1 ANTI LOBBU AMENDMENT
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, to any 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 anyFederal
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 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, Joan, 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 is a prerequisite for makingor
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 toa
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:
12
DocuSign Envelope ID:9215BA75-00CE-46A1-ABFA-43A88F993037
SIJSPEN. SIONANDQDEBARMENT 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.Assuch 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 G.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 thatmay 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 Bidder's Authorized Representative: Title of Bidder's Authorized
Representative:
Page 13 of 13