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2341 FEMA Amendment to RFQ 14/15-16 CCNA Master Contract - CPH IncTO: City Clerk/Mayor RE: FEMA Amendment to RFQ 14/15-16 CCNA Master Contract — CPH Inc., The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order F-1 Mayor's signature Fj F-1 F] Final Plat (original mylars) Letter of Credit Maintenance Bond F-1 Recording Rendering Safe keeping (Vault) F-1 Ordinance Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution Z City Manager Signature ❑ F-1 City Clerk Attest/Signature F-1 City Attorney/Signature Once completed, please: Z Return originals to Purchasing- Department r-1 Return copies 0 Special Instructions: The City had to amendment the FEMA provisions to the origiRg agreement RFQ 14/15-16 to request FEMA reimbursement. mo_r�a(, OrA0-� From TAIDeptJorms\City Clerk Transmittal Memo - 2009.doc Date FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CERTIFICATION AS TO MANDATORY SUPPLEMENTAL CLAUSES (AMENDMENT TO THE CITY'S AGREEMENT WITH THE VENDOR, AS NECESSARY) COMES NOW, the undersigned, on behalf of, and with authority to bind the Vendor below (whether a contractor, consultant or other provider of goods or services to the City of Sanford, Florida (City), by whatever name and certifies as follows and, to the extent that the Vendor may not have previously agreed to the following, the Vendor hereby agrees to amend the City's agreement with the Vendor consistent as stated below with this amendment being made and entered into the date as set forth in the Vendor's signature block below with the Vendor acknowledging and agreement that the mutual covenants and agreement herein made and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, support the amendment: 1. FEMA GUIDELINES. All services performed and goods provided under the below -referenced City's agreement with the Vendor (the term "work" herein may refer to either the provision of goods or services by a vendor) shall be performed and provided in compliance with the rules, regulations, and guidelines of the Federal Emergency Management Agency (FEMA), as deemed applicable by the FEMA. The Vendor must comply with the terms and conditions of the following FEMA supplemental clauses.. 2. USE OF The CITY'S AGREEMENT WITH THE VENDOR. Although the City's agreement with the Vendor is intended to primarily support the City's operations during non -emergency events, the City reserves the right to obtain relevant goods or services from the Vendor, subject to the existing terms and conditions, for use during hurricane and disaster events or emergencies. 3. REQUIRED FEMA CLAUSES; CITATIONS TO LAWS AND ORDERS. The Vendor acknowledges and agrees to adhere to the specific requirements of these clauses as interpreted by the FEMA. Citations to laws (which term shall include, but not be limited to, rules and regulations, and orders shall be to the said provisions, as may be amended or modified. A. DEFINITIONS. The following definitions are added to the City's agreement with the Vendor: (1) Federally Assisted Construction Contract. The regulation at 41 Code of Federal Regulations Section 60-1.3 defines a "federally assisted construction contract" as "any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work." (2) Construction Work. The regulation at 41 Code of Federal Regulations Section 60-1.3 defines "construction work" as "the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction." B. ANTI DISCRIMINATION. During the performance of the City's agreement with the Vendor, the Vendor agrees as follows: (1). The Vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Vendor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2). The Vendor shall, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3). The Vendor shall 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 Vendor's legal duty to furnish information. (4). The Vendor shall furnish 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 by the agency contractor office, advising the labor union or workers' representatives of the Vendor's commitments under Section 202 of Executive Order Number 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5). The Vendor shall comply with all provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6). The Vendor shall furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting 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 Vendor's noncompliance with the nondiscrimination clauses of the City's agreement with the Vendor or with any of such rules, regulations, or orders, the City's agreement with the Vendor may be canceled, terminated, or suspended in whole or in part and the Vendor may be declared ineligible for further Government Contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order Number 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Numberl 1246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8). The Vendor shall include the provisions of these paragraphs (1) through (8) 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 Number 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract of the Vendor. The Vendor shall take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Vendor becomes involved in, or is threatened with, litigation with a subcontractor of the Vendor as a result of such direction, the Vendor may request the United States to enter into such litigation to protect the interests of the United States. C. COMPLIANCE WITH COPELAND ANTI -KICKBACK ACT. (1). The Vendor shall comply with 18 United States Code Section 874, 40 United States Code Section 3145, and the requirements of 29 Code of Federal Regulations Part 3 as may be applicable, which are incorporated by reference into the City's agreement with the Vendor. (2). Subcontracts. The Vendor and its subcontractors shall insert in any subcontract the clause above and such other clauses as thee FEMA may require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor lower tier subcontractor with all of these contract clauses and all obligations arising thereunder. (3) Breach. A breach of the contract clauses herein or any obligation arising thereunder may be grounds for termination of the City's agreement with the Vendor, and for debarment as a contractor and subcontractor as provided in 29 Code of Federal Regulations Section 5.12. D. COMPLIANCE WITH WORK HOURS AND SAFETY STANDARDS ACT. Compliance with Work Hours and Safety Standards Act shall be attained, at a minimum, by: (1). Overtime requirements. No contractor or subcontractor for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2). Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Vendor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 in paragraph (1) of this section, 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 by the clause set forth in paragraph (1) of this section. (3). Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Vendor or subcontractor under any such contract or any other Federal contract with the same prime subcontractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4). Subcontractors. The Vendor or subcontractor shall insert in any subcontract the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractor to include these clauses in any lower tier subcontractors. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. COMPLIANCE WITH CLEAN AIR ACT. (1). The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 United States Code Section 7401 et seq. (2). The Vendor 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 FEMA, and the appropriate Environmental Protection Agency (EPA) Regional Office. (3). The Vendor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. F. COMPLIANCE WITH FEDERAL WATER POLLUTION CONTROL ACT. (1). The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, 33 United States Code Section 1251 et seq. (2). The Vendor 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 FEMA and the appropriate EPA Regional Office. (3). The Vendor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the FEMA. G. SUSPENSION AND DEBARMENT. (1). This contract is a covered transaction for purposes of 2 Code of Federal Regulations Part 180 and 2 Code of Federal Regulations Part 3000. As such the Vendor is required to verify that none of the subcontractor, its principals (defined at 2 Code of Federal Regulations Section 180.995), or its affiliates (defined at 2 Code of Federal Regulations Section 180.905) are excluded (defined at 2 Code of Federal Regulations Section 180.940) or disqualified (defined at 2 Code of Federal Regulations Section 180.935). (2). The Vendor must comply with 2 Code of Federal Regulations Part 180, subpart C and 2 Code of Federal Regulations Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction into which it enters. (3). This certification is a material representation of fact relied upon by the City. If it is later determined that the Vendor did not comply with 2 Code of Federal Regulations Part 180, subpart C and 2 Code of Federal Regulations Part 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 Vendor agrees to comply with the requirements of 2 Code of Federal Regulations Part 180, subpart C and 2 Code of Federal Regulations Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Vendor further agrees and its subcontractors shall further agree to include a provision requiring such compliance in its lower tier covered transactions. H. COMPLIANCE WITH BYRD ANTI -LOBBYING AMENDMENT, 31 UNITED STATES CODE SECTION 1352. Vendors who apply or bid for 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 United States Code Section 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. 1. COMPLIANCE WITH APPENDIX A, 44 CODE OF FEDERAL REGULATIONS PART 18 - CERTIFICATION REGARDING LOBBYING. The Vendor must review and agree to the Certification Regarding Lobbying. J. PROCUREMENT OF RECOVERED MATERIALS. (1). In the performance of the City's agreement with the Vendor, the Vendor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired as follows: (i). competitively within a timeframe providing for compliance with the City's agreement with the Vendor's performance schedule; (ii). meeting the City's agreement with the Vendor's performance requirements; or (iii), at a reasonable price. (2). Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at hftp://www.epa.gov/cpglproducts.htm. K. ACCESS TO RECORDS. The following access to records requirements applies to the City's agreement with the Vendor: (1). The Vendor 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 Vendor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2). The Vendor 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 Vendor agrees to provide the FEMA Administrator or his or her authorized representatives access to construction or other work sites pertaining to the work being completed under the City's agreement with the Vendor. L. DISASTER RESPONSE SERVICES (DRS) SEAL, LOGO, AND FLAGS. The Vendor shall not use the DRS seal(s), logos, crests, or reproductions of flags or likenesses of DRS agency officials without specific FEMA preapproval. M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the City's agreement with the Vendor only. The Vendor shall comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to the City's agreement with the Vendor and is not subject to any obligations or liabilities to the non - Federal entity, vendor, or any other party pertaining to any matter resulting from the City's agreement with the Vendor. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Vendor acknowledges that 31 United States Code Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor's actions pertaining to the City's agreement with the Vendor. SIGNATURE BLOCKS FOLLOW: ATTEST. SIGNATURE BLOCK OF THE CITY: CITY OF SANFORD omo I *ako' nly�'rmnl Traci Houchin, MMC, FCRM Art Wood rul City Clerk Approved as to form and legal sufficiepcy. ATTEST/WITNESS: " � 0 — Dmey SIGNATURE BLOCK OF THE VENDOR: Printed Name: Patricia Hunt Printed Title: Secretary I CPH INC., a Florida Profit Corporatioq. By: Printed Name: David A. Gierach Printed Title: President Dated: 5/19/2021