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