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2446 IFB 20/21-39 Southern Sunshine Gp - Hurricane Ian addendumCITY OF \ 1 SANFORD \ / FINANCE DEPARTMENT ,`, { i; Monday, November 14, 2022 p,1rXI` L v`JLO PURCHASING DEPARTMENT � rN TRANSMITTAL MEMORANDUM � To: City Clerk/Mayor RE: IFB 20/21-39 Southern Sunshine Group The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution ❑ Mayor's signature ❑ RecordingC4_C Rendering t� Safe keeping (Vault ager ❑ Payment Bond ® City Manager Signature ® City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ® Return originals to Purchasing- Department ❑ Return copies Special Instructions: The City has a contract with Southern Sunshine Group an addendum has been process by the CA to include FEMA language. Please execute Addendum No. 1 to IFB 20/21-39 and return originals to Purchasing. Molr4o-b Oro[&�z ,l A 0 From TADept_forms\City Clerk Transmittal Memo - 2009.doc t� I� 7'0�"70 Date DATE: 11/11/22 FACSIMILE: 407-688-5021 VENDOR NO.: 12386 TO: PURCHASE ORDER CITY OF 1 SANFaRD ; l' FLORIDA _t l'J�V L\1 LA lAA LrA I,:i EXEMPT NO.: 858012621681C-8 SOUTHERN SUNSHINE GROUP INC 1100 RADFORD DR DELTONA, FL 32738 SHIP TO: PO NUMBER: 038868 SUBMIT INVOICES TO: INVOICE_PK@SANFORDFL.GOV CITY OF SANFORD 300 N PARK AVE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION REQUISITION NO. UNLESS OTHERWISE INDICATED NO. 09/30/23 NET/30 69933 ACCOUNT NO.: 002-5508-572.46-00 PROJECT NO FEIA22 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF UNIT EXTENDED ISSUE COST COST 1 PARKS HURRICANE CLEAN-UP 3437.50 EA 1.00 3437.50 Parks Hurricane Ian clean-up MOTHER RUBY AKA ACADEMY MANOR PARK MIKE KIRBY, GROVEVIEW, COASTLINE, GEORGE STARKE PINEHURST, MAGNOLIA, SOUTH PINECREST, WOODMERE, JINKINS CIRCLE, PARK AVE MEDIAN, RAILROAD ROW, HIBISCUS COURT MEDIAN, AND GLENWAY DRIVE. SUB- OTAL 3437.50 TOTA 3437.50 APPROVED BY: (5�APPROVED BY: 4 4;;7 PU CHASING AGENT MANAG R All packages and Invoices applicable to this P.O. must bear this P.O. Number. The Vendor shall comply with all specified and reference herein before and after. Any attempts to insert language to change these terms and conditions are hereby rejected and will be resolved in favor of the City of Sanford. Standard terms and conditions hereby incorporated into this purchase order may be found at http://www.sanfordfl.govMdex.aspex?page=879 Purchasing Division Requisition Form Department Contact Person Vendor Address Parks & Recreation Robert Beall Southern Sunshine Group 12386 1100 Radford Dr, Deltona, FL 32738 Contact Person Sarah Keane Tel 904-318-6385 EmailSarah@southernsunshinegroup.com Requisition# 169933 _�ifogp f3T�l� City of Sanford PO Box 1788 Sanford, FL Seminole 32772 Phone: 407-688-5030 Fax: 407-688-5021 Email: purchasinR(@sanfordfl.eov www.sanfordfl.gov Po # I Date 10/20/2022 Lineltem Account Code Description Quantity Unit Extended Price 1 002-5508-572.46-00 parks clean-up (hurricane ian) 1 $3437.50 Total PO $3437.50 Delivery Instructions: Additional Comments: COI - requested from vendor Com: 960 Sub: 052 � CL "1 af--�-e '52-61a0 -3 9 r-e•+/i Fw0- L" Finance Manager v BudgetTransfer �i�Q� I Oct 20, 2022 Robert Beall (Oct 20, 202214:07 EDT) Override Lisa 7o&ref Accounts (initials) Lisa (Oct 21,202210:13EDT) Oct 21, 2022 Internal Use Only Amount Paid Check No. Date i; i 06 03 m S®Uthern Sun&n n '-lud v' ane �,:.; n i dean p Final Audit Report 2022-10-21 Created: 2022-10-20 By: Faye winfrey (faye.winfrey@sanfordfl.gov) Status: Signed Transaction ID: CBJCHBCAABAA4E9Qr5UaVXNthHuhPZA9_zv9MCrwM27j "Req 69933 - Southern Sunshine Hurricane Ian Clean-up" Histo ry Document created by faye winfrey (faye.winfrey@sanfordfl.gov) 2022-10-20 - 5:41:24 PM GMT Document emailed to Robert Beall (robert.beall@sanfordfl.gov) for signature 2022-10-20 - 5:42:12 PM GMT �j Email viewed by Robert Beall (robert.beall@sanfordfl.gov) 2022-10-20 - 6:06:55 PM GMT 6Q Document e -signed by Robert Beall (robert.beall@sanfordfl.gov) Signature Date: 2022-10-20 - 6:07:03 PM GMT - Time Source: server C� Document emailed to lisa.jones@sanfordfl.gov for signature 2022-10-20 - 6:07:05 PM GMT Email viewed by lisa.jones@sanfordfl.gov 2022-10-21 - 2:13:16 PM GMT bo, Signer lisa.jones@sanfordfl.gov entered name at signing as Lisa Jones 2022-10-21 - 2:13:50 PM GMT &o Document e -signed by Lisa Jones (lisa.jones@sanfordfl.gov) Signature Date: 2022-10-21 - 2:13:52 PM GMT - Time Source: server Agreement completed. 2022-10-21 - 2:13:52 PM GMT Q Adobe Acrobat Sign ADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF SANFORD, FLORIDA AND SOUTHERN SUNSHINE GROUP, INC. IFB 20/21-39 (INCLUSION OF FEMA CONTRACT PROVISIONS) The following Federal Emergency Management Agency ("FEMA") Contract Terms are made a part of, and are hereby incorporated into, the Contract (as defined below) entered into between the City of Sanford, Florida (the "City") and Southern Sunshine Group, Inc. (the "Contractor"). The term "Contractor", as used throughout this Addendum shall mean the Contractor, Provider, Consultant, etc., identified above. The term "Contract" as used throughout this Addendum shall mean the underlying contract or agreement, as identified above. Pursuant to the terms of the Contract, and as described and defined in the Contract, Contractor has agreed to provide certain services to and for the City and Contractor understands, acknowledges and agrees that the City may require the Contractor to provide certain services to or for the City as a result of, and in connection with, a hurricane or other disaster (hereinafter "Disaster Work"). Contractor acknowledges and agrees that in connection with such Disaster Work, the City may apply to the State of Florida and/or the federal government/FEMA for funds which will be used to pay the Contractor, or to reimburse the City for payment of funds to the Contractor, for such Disaster Work. Contractor acknowledges and understands that FEMA will only consider reimbursements for work done pursuant to a contract that contain the requisite FEMA provisions as herein below provided. Contractor desires to be eligible to be awarded Disaster Work and be compensated for such work through federal funds administered by FEMA, therefore the City and Contractor agree that, with respect to any Disaster Work performed for, and at the request of, the City by Contractor or its subcontractors, the provisions set forth in this Addendum (including Form FHWA-1273) (collectively, the "FEMA Contract Provisions") shall be applicable to this Contract in regard to any Disaster Work performed by Contractor. The FEMA Contract Provisions shall only modify the Contract upon the provision by Contractor of Disaster Work (as that term is defined herein). The terms and conditions of the Contract and the FEMA Contract Provisions should be read to operate in concert, except where directly in conflict, in which event the terms set forth in this FEMA Contract Provisions Addendum shall govern and prevail. FEMA CONTRACT PROVISIONS TERMINATION FOR CAUSE AND CONVENIENCE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner their obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished of unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor and the Oner may withhold any payments to the Contractor for the purpose of set-off until such times as the exact amount of damages due to the City from the Contractor is determined. The City may terminate this Contract at any time by giving at least ten (10) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. BREACH OF CONTRACT TERMS Any violation or breach of terms of this Contract on the part of the Contractor or the Contractor's Subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. III. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer b. Recruitment or recruitment advertising c. Layoff or termination d. Rates of pay or other forms of compensation e. Selection for training, including apprenticeship The Contractor 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 Contractor will, 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 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 Contractor's noncompliance with the nondiscrimination 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 portion of the sentence immediately preceding paragraph (1) and the provisions of 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 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any Subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any Contract or Contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Contracts and federally assisted construction Contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. IV. DAVIS-BACON ACT 1. All transactions regarding this Contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Contractors are required to pay wages not less than once a week. V. COPELAND ANTI -KICKBACK ACT 1. 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. 2. The Contractor or Subcontractor shall insert in any Subcontracts the clause above and such other clauses as FEMA may by appropriate instructions 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 or lower tier Subcontractor with all these Contract clauses. 3. A breach of the Contract clauses above 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." VI. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 1. Overtime requirements. No Contractor or Subcontractor Contracting 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-half times 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 Contractor and any Subcontractor responsible therefor shall be liable forthe unpaid wages. In addition, such Contractor 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 $27 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. FEMA 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 Contractor or Subcontractor under any such Contract or any other Federal Contract with the same prime Contractor, 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. Subcontracts. The Contractor or Subcontractor shall insert in any Subcontracts the clauses set forth in paragraphs (1) through (4) of this Section and also a clause requiring the Subcontractors to include these clauses 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 paragraphs (1) through (4) of this Section. VII. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act 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. 2. The Contractor agrees to report each violation to the applicant and understands and agrees that the applicant will, in turn, report each violation as required to assure notification to the 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. Federal Water Pollution Control Act 1. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 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 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. VIII. DEBARMENT AND SUSPENSION 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's 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. 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 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. 4. The bidder or proposer 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 bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Ilk BYRD ANTI -LOBBYING AMENDMENT Contractors 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 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 who in turn will forward the certification(s) to the awarding agency. X. PROCUREMENT OF RECOVERED MATERIALS 1. 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: a. Competitively within a timeframe providing for compliance with the Contract performance schedule. b. Meeting Contract performance requirements; or c. At a reasonable price. 2. 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/comprehensive- procurement-guideline-cpg-program. 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. XI. ACCESS TO RECORDS 1. The Contractor agrees to provide the applicant, 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. 4. In compliance with the Disaster Recovery Act of 2018, the applicant and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. XII. 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." XIII. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS "This is an acknowledgement that FEMA financial assistance will 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." XIV. 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." XV. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS "The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract." XVI. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibitions 1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2. Unless an exception in the following Section of this clause applies, the Contractor and its Subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or b. Enter into, extend, or renew a Contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or c. Enter into, extend, or renew Contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this Contract, Subcontract, or other Contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Exceptions 1. This clause does not prohibit Contractors from providing— a. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: (i) Are not used as a substantial or essential component of any system; and (ii) Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. Reporting requirement 1. In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during Contract performance, or the Contractor is notified of such by a Subcontractor at any tier or by any other source, the Contractor shall report the information in the following paragraph of this clause to the recipient or subrecipient, unless elsewhere in this Contract are established procedures for reporting the information. 2. The Contractor shall report the following information pursuant to the preceding paragraph of this clause: a. Within one business day from the date of such identification or notification: The Contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b. Within 10 business days of submitting the information in paragraph (C)(b)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. XVII. SUSPENSION AND DEBARMENT 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 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 of Oviedo. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpartC, in addition to remedies available to FEMA, serving as recipient and the City of Oviedo, the Federal Government may pursue available remedies, including but not limited to suspension and/ or debarment. (4) The bidder or proposer 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 bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. XVIII. BYRD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification provided in Exhibit 3. 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. XIX. CONTRACTOR'S CERTIFICATION REGARDING SUSPENSION & DEBARMENT, NON- COLLUSION & LOBBYING Contractors are required to execute and include in their contract or bid, the certification provided in Exhibit 4 regarding Suspension & Debarment, Non -collusion and Lobbying, as required for federally funded projects. DBE Utilization There are no Disadvantaged Business Enterprise (DBE) utilization goals for this contract, however DBE businesses, including small and minority businesses and women's businesses, are encouraged to bid on this project. If the contract includes the use of subcontractors by the prime contractor, the subcontractors must also take the affirmative steps to solicit and utilize DBE businesses when possible. XX. E -VERIFY In accordance with the State of Florida Executive Order 11-02, 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 new employees hired by the subcontractor during the Contract term. XXI. PROCUREMENT OF RECOVERED MATERIALS 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 (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA designated items, is available at EPA's Comprehensive Procurement Guidelines website, http://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program." Department of Homeland Security (DHS) Seal, Logo, and Flags The contractor shall not use the DHS seals(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Compliance with Federal Law, Regulations and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directives. XXII. 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. Program Fraud and False or Fraudulent Statements or Related Acts The contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. XXIII. REPAIR OF STORMWATER/ROADWAY STRUCTURE DAMAGES If contractor performs any repair work on stormwater/roadway structures, the following additional provisions shall be applicable and complied with by the Contractor: 1. Contractor must verify compliance with environmental laws; 2. Contractor must comply with all applicable federal, state, territorial, or tribal Environmental Historic Preservation (EHP) laws and requirements: a. Documentation from the United States Army Corps of Engineers (USACE) demonstrating the requirement of a permit, or no permit, for the repair. This satisfies the requirement of the Clean Water Act (CWA). b. Contractor must determine if the Waters of the U.S. (WOTUS) are affected and if there will be any discharge or fill material into WOTUS. This determines if a Section 404 permit is required per the CWA. c. Contractor must obtain any required Section 401 and 404 permits from the Florida Department of Environmental Protection (FDEP) and the USACE or obtain a Letter of Determination of No effect from USACE. d. Contractor must provide concurrence from the United States Fish and Wildlife Service (USFWS) to satisfy compliance with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA). Subcontracts The Contractor shall insert the substance of these requirements in all Subcontracts and other Contractual instruments. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, hereby adopt and execute this Addendum for the purposes therein stated and covenant and agree that this Addendum shall be attached to and become a part of that certain Contract entered into between the parties nunc pro tunc the date the Contract. ATTEST: By: ATTEST: By: i The City of Sanford, Florida, a municipal corporation By: Norton N. Bo�iaparte, Jr, k Manager Date: �/ - /i' zc) Z (�— CONTRACTOR: Southern Sunshine Group, Inc. By: Title: President Date: November 7, 2022