HomeMy WebLinkAbout2160 RFP 9/10-14 Amdmt #2, Storm Debris MgmtGY OF
SXNFORD
FINANCE DEPARTMENT
PURCHASING DEP IVIED T
TO: City Clerk/Mayor
r.E: . v P a I
►W
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
❑
Development Order
Final Plat
❑
Mayor's signature
(original Mylar's)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
❑
Maintenance Bond
Ordinance
Safe keeping (Vault)
❑
Performance
Deputy City Manager
❑
Bond
Resolution
❑
Payment Bond
❑
❑
City Manager Signature
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
Special Instructions:
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From
SharePoint_Finance— Piuchasing_Forms - 2018.doc
Date
AMENDMENT #2 TO CITY OF SANFORD
AGREEMENT WITH WITT O'BRIEN'S RESPONSE MANAGEMENT INC.
THIS AMENDMENT # 2 (hereinafter referred to as the "Amendment") is by and
between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the
"City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and
Witt O'Brien's Response Management Inc., a Louisiana corporation authorized to do
business in the State of Florida, whose address 2929 East Imperial Highway, Suite 290,
Brea, California, Louisiana 92821 (hereinafter referred to as the Vendor). The City and
the Vendor are collectively referred to herein as the Parties and agree to amend the City's
agreement with the Vendor, dated January 27, 2011 ((hereinafter referred to as the
"Agreement"), with this Amendment being made and entered into the later date as set
forth in the signature blocks below:
IN CONSIDERATION of the mutual covenants and agreement herein made and
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows:
Section 1. Amendment of Agreement. The provisions set forth in Exhibit
"A" hereto, which is entitled "Federal Emergency Management Agency (FEMA) —
Additional Terms For City of Sanford Contracts" and the provisions of Exhibit "A" entitled
"Agreement Addendum - Federal Terms" are hereby added to the Agreement and the
A
. %greement is amended accordingly except that the term "Contractor" shall be modified to
be "Vendor" when the context so warrants. Additionally, all "Standard Contractual Terms
and Conditions", as provided with the original contract apply to this addendum.
Section 2. Effect of Amendment. This Amendment shall take effect nuns
pro tunc upon full execution hereof and as of the date of the original City contract
1
undertaken by the City and the Vendor. All other terms and conditions of the Agreement,
as it may have been amended, shall remain in effect and binding and the said Agreement
and this Amendment shall be read in harmony and in pari materia.
IN WITNESS WHEREOF, the City and the Vendor have caused this Amendment
to be duly executed by their duly authorized representatives as of the dates wri#en below.
Traci Houchin, CMC, FCRg
City Clerk
Approved as to form and
legal sufficiency,
7 L. Colbprt, C* AttorqE�k/
Miam1
Attest.,
CITY OF SANFORD
By:
Jeff
Witt O'Brien's Response Management
Inc.,
prtsBy.
Cheryl'�Oi
tor of Contracts & Compliance
Pa bf Murray, CFO Dated:—,T)o , P A,
2
C.F.R. 200 Part 11
• • Management Agency (FEMA)
Pt. 200, App. 11
early notification about the requirements al-
lows the potential applicant to decide not to
apply or to take needed actions before re-
ceiving the Federal award. The announce-
ment need not include all of the terms and
conditions of the Federal award, but may
refer to a document (with information about
how to obtain it) or Internet site where ap-
plicants can see the terms and conditions. If
this funding opportunity will lead to Federal
awards with some special terms and condi-
tions that differ from the Federal awarding
agency's usual (sometimes called "general")
terms and conditions, this section should
highlight those special terms and conditions.
Doing so will alert applicants that have re-
ceived Federal awards from the Federal
awarding agency previously and might not
otherwise expect different terms and condi-
tions. For the same reason, the announce-
ment should inform potential applicants
about special requirements that could apply
to particular Federal awards after the review
of applications and other information, based
on the particular circumstances of the effort
to be supported (e.g., if human subjects were
to be involved or if some situations may jus-
tify special terms on intellectual property,
data sharing or security requirements).
3. Reporting—Required. This section must
include general information about the type
(e.g., financial or performance), frequency,
and means of submission (paper or elec-
tronic) of post -Federal award reporting re-
quirements. Highlight any special reporting
requirements for Federal awards under this
funding opportunity that differ (e.g., by re-
port type, frequency, form/format, or cir-
cumstances for use) from what the Federal
awarding agency's Federal awards usually
require.
G. FEDERAL AWARDING AGENCY CONTACT(S)—
REQUIRED
The announcement must give potential ap-
plicants a point(s) of contact for answering
questions or helping with problems while the
funding opportunity is open. The intent of
this requirement is to be as helpful as pos-
sible to potential applicants, so the Federal
awarding agency should consider approaches
such as giving:
I. Points of contact who may be reached in
multiple ways (e.g., by telephone, FAX, and/
or email, as well as regular mail).
ii. A fax or email address that multiple
people access, so that someone will respond
even if others are unexpectedly absent dur-
ing critical periods.
iii. Different contacts for distinct kinds of
help (e.g., one for questions of programmatic
content and a second for administrative
questions).
2 CFR Ch. 11 (1-1-14 Edition)
H. OTHER INFORMATION—OPTIONAL
This section may include any additional
information that will assist a potential ap-
plicant. For example, the section might:
i. Indicate whether this is a new program
or a one-time initiative.
ii. Mention related programs or other up-
coming or ongoing Federal awarding agency
funding opportunities for similar activities.
iii. Include current Internet addresses for
Federal awarding agency Web sites that may
be useful to an applicant in understanding
the program.
Iv. Alert applicants to the need to identify
Proprietary information and inform them
about the way the Federal awarding agency
will handle it.
v. Include certain routine notices to appli-
cants (e.g., that the Federal government is
not obligated to make any Federal award as
a result of the announcement or that only
grants officers can bind the Federal govern-
ment to the expenditure of funds).
APPENDIX H TO PART 200—CONTRACT
PROVISIONS FOR NON-FEDERAL ENTI-
TY CONTRACTS UNDER FEDERAL
AWARDS
In addition to other provisions required by
the Federal agency or non -Federal entity, all
contracts made by the non -Federal entity
under the Federal award must contain provi-
sions covering the following, as applicable.
(A) Contracts for more than the simplified
acquisition threshold currently set at
$150,000, which is the inflation adjusted
amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisi-
tion Regulations Council (Councils) as au-
thorized by 41 U.S.C. 1908, must address ad-
ministrative, contractual, or legal remedies
In instances where contractors violate or
breach contract terms, and provide for such
sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must
address termination for cause and for con-
venience by the non -Federal entity including
the manner by which it will be effected and
the basis for settlement.
(C) Equal Employment Opportunity. Ex-
cept as otherwise provided under 41 CFR
Part 60, all contracts that meet the defini-
tion of "federally assisted construction con-
tract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41
CFR 60-L4(b), in accordance with Executive
Order 11246, "Equal Employment Oppor-
tunity" (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Oppor-
tunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment
Opportunity, Department of Labor."
194
(D) Davis -Bacon Act, as amended (40 U.S.C.
3141-3148). When required by Federal program
legislation, all prime construction contracts
in excess of 32,000 awarded by non -Federal
entities must include a provision for compli-
ance 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 Appli-
cable to Contracts Covering Federally Fi-
nanced and Assisted Construction"). In ac-
cordance with the statute, contractors must
be required to pay wages to laborers and me-
chanics at a rate not less than the prevailing
wages specified in a wage determination
made by the Secretary of Labor. In addition,
contractors must be required to pay wages
not less than once a week. The non -Federal
entity must place a copy of the current pre-
vailing wage determination issued by the De-
partment of Labor in each solicitation. The
decision to award a contract or subcontract
must be conditioned upon the acceptance of
the wage determination. The non -Federal en-
tity must report all suspected or reported
violations to the Federal awarding agency.
The contracts must also include a provision
for compliance with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supple-
mented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Sub-
contractors on Public Building or Public
Work Financed in Whole or in Part by Loans
or Grants from the United States"). The Act
provides that each contractor or sub -
recipient must be 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 compensa-
tion to which he or she is otherwise entitled.
The non -Federal entity must report all sus-
pected or reported violations to the Federal
awarding agency.
(E) Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -
Federal entity in excess of $100,000 that in-
volve the employment of mechanics or labor-
ers must include a provision for compliance
with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the
wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.
Work in excess of the standard work week is
permissible provided that the worker is com-
pensated at a rate of not less than one and a
half times the basic rate of pay for all hours
worked in excess of 40 hours in the work
week. The requirements of 40 U.S.G. 3704 are
applicable to construction work and provide
that no Iaborer or mechanic must be re-
quired to work in surroundings or under
working conditions which are unsanitary,
hazardous or dangerous. These requirements
do not apply to the purchases of supplies or
t 1 ' r r
materials or articles ordinarily available on
the open market, or contracts for transpor-
tation or transmission of intelligence.
(F) Rights to Inventions Made Under a
Contract or Agreement. If the Federal award
meets the definition of "funding agreement"
under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract
with a small business firm or nonprofit orga-
nization regarding the substitution of par-
ties, assignment or performance of experi-
mental, developmental, or research work
under that "funding agreement," the recipi-
ent or subrecipient must comply with the re-
quirements of 37 CFR Part 401, "Rights to In-
ventions Made by Nonprofit Organizations
and Small Business Firms Under Govern-
ment Grants, Contracts and Cooperative
Agreements," and any implementing regula-
tions issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q_) and
the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and
subgrants of amounts in excess of $150,000
must contain a provision that requires the
non -Federal award to agree to comply with
all applicable standards, orders or regula-
tions issued pursuant to the Clean Air Act
(42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the
Federal awarding agency and the Regional
Office of the Environmental Protection
Agency (EPA).
(H) Mandatory standards and policies re-
lating to energy efficiency which are con-
tained in the state energy conservation plan
issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive
Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to par-
ties listed on the governmentw-ide Excluded
Parties List System in the System for Award
Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR Part 1986
Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension."
The Excluded Parties List System in SAM
contains the names of parties debarred, sus-
pended, or otherwise excluded by agencies, as
well as parties declared ineligible under stat-
utory or regulatory authority other than Ex-
ecutive Order 12549.
(J) Byrd Anti -Lobbying Amendment (31
U.S.C. 1352) --Contractors that apply or bid
for an award of $100,000 or more must 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 at-
tempting 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 ob-
taining any Federal contract, grant or any
195
other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with
non -Federal funds that takes place in con-
nection with obtaining any Federal award.
Such disclosures are forwarded from tier to
tier up to the non -Federal award.
(K) See §200.322 Procurement of recovered
materials.
APPENDIX III TO PART 200—INDIRECT
(F&A) COSTS IDENTIFICATION AND
ASSIGNMENT, AND RATE DETERMINA-
TION FOR INSTITUTIONS OF HIGHER
EDUCATION (IBES)
A. GENERAL
This appendix provides criteria for identi-
fying and computing indirect (or indirect
(F&A)) rates at IiIEs (institutions). Indirect
(F&A) costs are those that are incurred for
common or joint objectives and therefore
cannot be identified readily and specifically
with a particular sponsored project, an in-
structional activity, or any other institu-
tional activity. See subsection B.1, Defini-
tion of Facilities and Administration, for a
discussion of the components of indirect
(F&A) costs.
1. Major Functions of an Institution
Refers to instruction, organized research,
other sponsored activities and other institu-
tional activities as defined in this section:
a. Instruction means the teaching and
training activities of an institution. Except
for research training as provided in sub-
section b, this term includes all teaching and
training activities, whether they are offered
for credits toward a degree or certificate or
on a non-credit basis, and whether they are
offered through regular academic depart-
ments or separate divisions, such as a sum-
mer school division or an extension division.
Also considered part of this major function
are departmental research, and, where
agreed to, university research.
(1) Sponsored instruction and training means
specific instructional or training activity es-
tablished by grant, contract, or cooperative
agreement. For purposes of the cost prin-
ciples, this activity may be considered a
major function even though an institution's
accounting treatment may include it in the
instruction function.
(2) Departmental research means research,
development and scholarly activities that
are not organized research and, con-
sequently, are not separately budgeted and
accounted for. Departmental research, for
purposes of this document, is not considered
as a major function, but as a part of the in-
struction function of the institution.
b. Organized research means all research
and development activities of an institution
that are separately budgeted and accounted
for. It Includes:
2 CFR Ch. 11 (1-1-14 Edition)
(1) Sponsored research means all research
and development activities that are spon-
sored by Federal and non -Federal agencies
and organizations. This term includes activi-
ties involving the training of individuals in
research techniques (commonly called re-
search training) where such activities utilize
the same facilities as other research and de-
velopment activities and where such activi-
ties are not included in the instruction func-
tion.
(2) University research means all research
and development activities that are sepa-
rately budgeted and accounted for by the in-
stitution under an internal application of in-
stitutional funds. University research, for
Purposes of this document, must be com-
bined with sponsored research under the
function of organized research.
c. Other sponsored activities means programs
and projects financed by Federal and non -
Federal agencies and organizations which in-
volve the performance of work other than in-
struction and organized research. Examples
of such programs and projects are health
service projects and community service pro-
grams. However, when any of these activities
are undertaken by the institution without
outside support, they may be classified as
other institutional activities.
d. Other institutional activities means all ac-
tivities of an institution except for instruc-
tion, departmental research, organized re-
search, and other sponsored activities, as de-
fined in this section; indirect (F&A) cost ac-
tivities identified in this Appendix para-
graph B, Identification and assignment of in-
direct (F&A) costs; and specialized services
facilities described in §200.468 Specialized
service facilities of this Part.
Examples of other institutional activities
Include operation of residence halls, dining
halls, hospitals and clinics, student unions,
intercollegiate athletics, bookstores, faculty
housing, student apartments, guest houses,
chapels, theaters, public museums, and other
similar auxiliary enterprises. This definition
also includes any other categories of activi-
ties, costs of which are "unallowable" to
Federal awards, unless otherwise indicated
in an award.
2. Criteria for Distribution
a. Base period. A base period for distribu-
tion of indirect (F&A) costs is the period
during which the costs are incurred. The
base period normally should coincide with
the fiscal year established by the institution,
but in any event the base period should be so
selected as to avoid inequities in the dis-
tribution of costs.
b. Need for cost groupings. The overall ob-
jective of the indirect (F&A) cost allocation
process is to distribute the indirect (F&A)
costs described in Section B, Identification
and assignment of indirect (F&A) costs, to
196