HomeMy WebLinkAboutReso 2023-3514RESOLUTION NO. 2023 - 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AWARDING INVITATION TO BID ("ITB") NO. 23-04-01 TO, AND
APPROVING AGREEMENTS WITH, DRC EMERGENCY SERVICES, LLC, AS THE
PRIMARY BIDDER AND PHILIPS & JORDAN, INC., AS THE SECONDARY BIDDER
TO PROVIDE DISASTER DEBRIS MANAGEMENT AND REMOVAL SERVICES,
ATTACHED HERETO AS EXHIBITS "A" AND "B", RESPECTIVELY; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to provide
disaster debris management and removal services in the event of an emergency ("Services");
and
WHEREAS, the City issued and advertised ITB No. 23-04-01 for the Services, and
received four (4) responses; and
WHEREAS, upon careful review and consideration of the submissions, City staff
determined that DRC Emergency Services, LLC ("Primary") and Philips & Jordan, Inc.
("Secondary") were the lowest responsible and responsive bidders, and represented to the City
that they possess the requisite qualifications, expertise, and licenses to perform all necessary
work in connection with the Services specified in the RFP; and
WHEREAS, the City Commission wishes to award ITB No. 23-04-01 to, and approve
Agreements with the Primary and Secondary bidder to provide the Services on as needed basis,
attached hereto as Exhibit "A" and "B", respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of ITB No. 23-04-01. The City Commission hereby awards ITBP No. 23-04-
01 to DRC Emergency Services, LLC as the primary bidder, and Philips & Jordan, Inc. as the
secondary bidder for disaster debris management and removal services.
Section 2. Approval of Agreements. The City Commission hereby approves Agreements
with DRC Emergency Services, LLC as the primary bidder, and Philips & Jordan, Inc. as the
secondary bidder for disaster debris management and removal services.
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute the
Agreements.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
@BCL@B409B699.doc Page 1 of 2 265
ATTEST:, + ,�
PASSED AND ADOPTED this
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mauricit Betancur, CMC, City Clerk tin E. Boileau for Nabors, Giblin
` & Nickerson, P.A., City Attorney
Moved by:/S� Seconded by:�
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
✓ (Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
@BCL@B409B699.doc Page 2 of 2 266
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
SONNY /5F AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND PHILLIPS AND JORDAN, INCORPORATED
A. Y CONTRACT NO. 2023-8438
F'D ';7 Fr,
Cit Of SUN'NV
THIS {GREE NT (hereinafter referred to as the "Agreement") is made in
duplicate, this 3ij day of ;� , 2023, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and PHILLIPS AND JORDAN,
INCORPORATED, a foreign for-profit corporation authorized to conduct business in Florida
(hereinafter referred to as "Contractor"), whose Federal I.D. No. 56-0694573.
RECITALS
WHEREAS, the City is in need of a Contractor to remove, process, and lawfully dispose of
disaster generated debris from public property and public rights-of-way in response to an emergency
event, including but not limited to, hurricanes, tornadoes, windstorms, floods, and fires, or manmade
disaster(s) such as civil unrest and terrorist attacks ("Services"); and
WHEREAS, the City issued an Invitation to Bid ("ITB") No. 23-04-01, entitled "Disaster
Debris Management and Disposal Services," as more particularly described in Attachment "A," a
copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the second
highest ranked responsible and responsive bid, and was selected as a secondary Contractor; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services, as more particularly
described in Attachment `B," a copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, as a secondary Contractor, subject to the terms and conditions set forth herein
and in the Contract Documents; and
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and
made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The following documents (collectively "Contract
Documents") are hereby incorporated into and made part of this Agreement:
A. Invitation to Bid No. 23-04-01, "Disaster Debris Management & Disposal Services,"
including any and all addenda ("ITB" or "Attachment A").
B. The Contractor's response to the ITB ("Attachment B").
Phillips and Jordan, Incorporated Page 1 of 31
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
In the event of any conflict between or among the Contract Documents, or any ambiguity or missing
specifications or instruction, the following priority is established:
A. First, this Agreement.
B. Second, Invitation to Bid No. 23-04-01, "Disaster Debris Management and Disposal
Services."
C. Third, Contractor's response to the ITB.
3. SERVICES. Contractor agrees to provide disaster debris management and disposal
services as a secondary Contractor, as more particularly set forth in the Contract Documents,
including but not limited to, providing all expertise, personnel, materials, transportation,
supervision, and all other services to rapidly respond to volumes of wide -scale debris. Activities
shall include, but are not limited to, removing, processing, and lawfully disposing of disaster
generated debris from public property and public rights-of-way in response to an emergency event.
Contractor must adhere to all requirements and regulations established by the Federal Emergency
Management Agency (FEMA), the Federal Highway Administration (FHWA), Florida Department
of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), the Stafford
Act, and any other governmental agency with jurisdiction over response and recovery actions,
including the City's requirements. Contractor will be responsible for staying current with all FEMA
and other agency guidelines and regulations.
The City shall issue an official Notice to Proceed for the Services. The Notice to Proceed shall be
sent by e-mail and followed by U.S. regular mail. Under no circumstances shall the City be liable
for any Services rendered unless the written Notice to Proceed has been sent and received by the
Contractor. Contractor must acknowledge receipt of the written Notice to Proceed. Contractor shall
begin preparation for mobilization immediately after receiving the Notice to Proceed and be
fully operational within seventy-two (72) hours. If emergency road clearance is needed,
Contractor shall have crews working within twenty-four (24) hours. The City may issue a Notice to
Proceed twenty-four (24) to forty-eight (48) hours prior to a storm event depending upon the
magnitude of the event in order to allow sufficient time to prepare for commencement of operations.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees
to furnish all labor and material in a good and workmanlike and professional manner to perform the
Services. Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with the City's
needs and pursuant to the terms of this Agreement and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems that
could cause damage to the City's property, improvements, and persons. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be performed.
In the event the Contractor fails to complete the Services pursuant to the terms of this Agreement
and City must undertake the completion of performance of Services, Contractor agrees to indemnify
Phillips and Jordan, Incorporated Page 2 of 31
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the City for all costs incurred with respect to the completion of those Services and any damages the
City may suffer as a result of the Contractor's failure to perform the Services.
4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section
9 hereunder, the term of this Agreement shall begin upon execution of this Agreement by both
Parties, and shall remain in effect for an initial three (3) year term. The City, at its sole option and
discretion, may renew the Agreement for one (1) additional two (2) year term, for a total of five (5)
years. In the event services are scheduled to end due to the expiration of this Agreement, Contractor
shall continue the Services upon the request of the City. This extension period shall not extend for
more than ninety (90) days beyond the expiration date of the Agreement.
Payment will be made only for work completed to the satisfaction of the City. The terms of Sections
16 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
5. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement
shall be in accordance with the Contract Documents, with a not to exceed amount of One Hundred
Thousand Dollars and No Cents ($100,000.00) per disaster unless otherwise amended in writing.
Should the Contractor exceed the not to exceed amount, it does so at its own risk and cost. Contractor
acknowledges that no payments will be made or due from the City unless Contractor is specifically
engaged by the City for a specific disaster. Actual work issued under the Agreement will be in
the form of Task Orders with a not -to -exceed amount.
A. Disbursements. There are no reimbursable expenses associated with this Agreement
except for expenses approved by the City Manager. The City will not pay and/or
reimburse any additional costs, including but not limited to, travel, mileage, lodging,
meals, and other travel and subsistence expenses.
B. Payment Schedule. Payment schedule shall be in accordance with the Contract
Documents. Invoice format and documentation should be acceptable for FEMA
reimbursement.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City may
unilaterally terminate any and all contractual or other obligations herein without any
further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all Services have been properly performed and all charges
and costs have been invoiced to the City. Since this account will thereupon be closed,
any other additional charges, if not properly included on this final invoice, are waived
by the Contractor.
Phillips and Jordan, Incorporated Page 3 of 31
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee, partner,
agent, shareholder, officer or in any other capacity other than as an independent contractor other
than those obligations which have been or shall have been undertaken by the City. Contractor shall
be responsible for any and all of its own expenses in performing its duties and Services as
contemplated under this Agreement. The City shall not be responsible for any expense incurred by
the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social
Security services and that such obligations shall be that of the Contractor, other than those set forth
in this Agreement. Contractor shall furnish its own transportation, office, and other supplies as it
determines necessary in carrying out its duties and Services under this Agreement.
7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Contractor pursuant
to this Agreement and related Services to this Agreement are intended and represented for the
ownership of the City only. Any other use by Contractor or other parties requires approval in writing
by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15)
calendar days.
8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure, and maintain the following minimum insurance
coverages to protect the City and Contractor against all loss, claims, damage, and liabilities caused
by Contractor, its agents, or employees, as indicated below:
A. Comprehensive General Liability with minimum limits of Two Million Dollars
($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability, with the City of Sunny Isles named as an Additional
Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles
Beach. Coverage to be provided on a Primary and Non-contributory format.
Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
1. Premises and Operation
2. Workers Compensation (Statutory)
3. Independent Contractors
Phillips and Jordan, Incorporated Page 4 of 31
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4. Products and/or Completed Operations Hazard
5. Broad Form Property Damage
6. Broad Form Contractual Coverage applicable to this specific Contract
7. Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
8. Professional Liability (Errors and Omissions)
B. Excess Umbrella Liability with a minimum limit of Two Million Dollars ($2,000,000), over
and above the Comprehensive General Liability, Business Automobile Liability and
Employers' Liability limits and coverage forms indicated.
C. Management Professional Liability with a One Million Dollar ($1,000,000) minimum limit
of liability.
D. Owned and Non -owned Business Automobile Liability with a minimum limit of One
Million Dollars ($1,000,000). The City of Sunny Isles Beach to be named as an Additional
Insured with the benefit of a Waiver of Subrogation. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
1. Owned Vehicles, if applicable;
2. Hired and Non -Owned Vehicles;
3. Employers' Non -Ownership.
The City shall be named as an additional insured on the above -referenced policies.
E. Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and
the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One
Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by such
employees in the course of their employment.
F. Pollution Liability Insurance with a minimum limit of One Million Dollars ($1,000,000)
each occurrence and Two Million Dollars ($2,000,000) annual aggregate, and with a
minimum of three (3) year discovery reporting period, and a retroactive date that equals or
precedes the effective date of the Agreement, or the performance of the Services, including
a limitation of self-insured retention not to exceed Twenty -Five Thousand Dollars
($25,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
Phillips and Jordan, Incorporated Page 5 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty
(30) days prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its subcontractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insurance of the types and to
the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS
IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY.
9. TERMINATION AND REMEDIES FOR BREACH.
A. Termination for Cause. If, through any cause within reasonable control, the
Contractor shall fail to fulfill in a timely manner or otherwise violate any of the
covenants, agreements, or stipulations material to this Agreement, the City shall have
the right to terminate the Services then remaining to be performed.
1. In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and subcontractor(s)) shall be delivered to
the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination, as provided in Section 7.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause, immediately terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. Upon receipt of the notice of
termination for convenience, Contractor shall promptly discontinue all work and to
the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portions of the
Agreement, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the Services. If the City
terminates for convenience pursuant to this Section, the terms of Section 9(A)(i) and
9(A)(ii) above shall be applicable hereunder.
Phillips and Jordan, Incorporated Page 6 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the Contractor
to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18
below, may result in immediate termination of this Agreement.
10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida. All
parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any termor provision under
this Agreement, the City shall be entitled to its costs and attorney's fees at the pretrial, trial, and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (ten) years subsequent to that date upon which the
Agreement is terminated or completed, disclose to any person or entity, other than in the discharge
of the duties of the Contractor under this Agreement, any information which the City designates in
writing as "confidential." As a violation by the Contractor of the provisions of this Section could
cause irreparable injury to the City and there is no adequate remedy at law for such violation, the
City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin
the Contractor from violating such provisions.
12. NOTICES. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii)
by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified
or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
Phillips and Jordan, Incorporated Page 7 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tel: (305) 792-1701
33160
smorrisgsibfl.gov
Tel: (305) 792-1767
aboileau n nlaw.com
If to the Contractor:
Morgan Pierce, President
Phillips and Jordan, Incorporated
10142 Parkside Drive, Suite 500
Knoxville, TN 37922
Tel: (865) 688-8342
Mpiercegpandj.com
bsmallwoodgpandienv.com
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Seven (7) years.
14. NON-DISCRIMINATION. In addition to the requirements of Section 21, the Contractor
agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights
Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the
Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375
and 12086. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap,
age, marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted
program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to, and be governed by, the
Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, which is incorporated by
reference herein as if fully set forth herein, in connection with the Agreement. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly,
which could conflict in any manner or degree with the performance of the Services. The Contractor
further covenants that in the performance of this Agreement, no person having any such interest
Phillips and Jordan, Incorporated Page 8 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not
offered or given to any member of, delegate to the Congress of the United States, any or part of this
Agreement or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the
fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials, and employees from and against claims, damages,
losses, and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to Services performed under this Agreement. The Contractor's
duty to defend, hold harmless, and indemnify the City, its agents, representatives, officers, directors,
officials, and employees shall arise in connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury, impairment, or destruction of
tangible property including loss of use resulting therefrom, caused by any negligent acts, errors,
mistakes, or omissions related to Services in the performance of this Agreement, including any
person for whose acts, errors, mistakes, or omissions the Contractor may be legally liable.
17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any
contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at
the City's option if it is discovered that the entity submitted false documents of certification, is listed
on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error, then the City shall
have the right to terminate the Agreement and seek civil remedies pursuant to Florida Statute Section
287.135.
18. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
Phillips and Jordan, Incorporated Page 9 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. Upon request from the City, Contractor shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does
not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the City,
in a format that is compatible with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 411
Floor, Sunny Isles Beach, Florida 33160.
19. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verif and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D".
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20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
21. COMPLICANCE WITH OTHER FEDERAL STANDARDS
A. General Federal Provisions. Work issued under this Agreement may be fully or
partially funded by Federal funds. Where applicable, in accordance with Federal law, Contractor
shall comply with the provisions of this Section and comply with the authorities enumerated below,
which are incorporated herein by reference.
1. 2 CFR Part25.110.
2. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and
3000.
3. Executive Orders 12549 and 12689
4. 41 CFR Part 60-1(a) and (d)
5. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary
limitations.
B. Non-discrimination Acts and Authorities. In addition to Section 14 herein, for all
federally funded work issued under this Agreement, Contractor agrees for itself, its successors, and
its assigns, to comply, and to assure that any subcontractor also agrees to comply, with the following
Title VI List of Pertinent Nondiscrimination Acts and Authorities.
1. Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq. 78 stat. 252), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are
herein incorporated by reference and made a part of this Agreement. Title VI also
includes protection to persons with "Limited English Proficiency" in any program
or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR
Part 22, and herein incorporated by reference and made a part of this Agreement;
2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
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3. 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act
of 1964);
4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs and
projects);
5. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR part
27;
6. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23 (prohibit discrimination
on the basis of age);
7. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex);
8. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability under programs, activities, and services
provided or made available by state and local governments or instrumentalities or
agencies thereto (as amended 42 U.S.C. §§ 12101 et seq.) or in the operation of
public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and
38;
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10. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.
§47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
11. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
12. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg.
at 74087 to 74100);
13. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
14. Federal Fair Labor Standards Act (Federal Minimum Wage). All contracts and
subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA),
with the same force and effect as if given in full text. The FLSA sets minimum
wage, overtime pay, recordkeeping, and child labor standards for full and part
time workers. The Contractor has full responsibility to monitor compliance with
the referenced statute or regulation. The Contractor must address any claims or
disputes that arise from this requirement directly with the U.S. Department of
Labor — Wage and Hour Division.
15. Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this Contract incorporate by reference the requirements of 29 CFR
Part 1910 with the same force and effect as if given in full text. Contractor must
provide a work environment that is free from recognized hazards that may cause
death or serious physical harm to the employee. The Contractor retains full
responsibility to monitor its compliance and their subcontractors' compliance
with the applicable requirements of the Occupational Safety and Health Act of
1970 (20 CFR Part 1910). Contractor must address any claims or disputes that
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pertain to a referenced requirement directly with the U.S. Department of Labor —
Occupational Safety and Health Administration.
C. Non-discrimination Clauses for Compliance with Regulations.
1. Nondiscrimination. The Contractor, with regard to the work performed by it
during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not
participate directly or indirectly in the discrimination prohibited by the
Nondiscrimination Acts and Authorities, including employment practices when
the contract covers any activity, project, or program set forth in Appendix B of 49
CFR part 21.
2. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations, either by competitive bidding, or negotiation
made by the Contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the Contractor of the Contractor's obligations under
this Agreement and the Nondiscrimination Acts And Authorities on the grounds
of race, color, or national origin.
3. Information and Reports. The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the sponsor or
the Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
4. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with
the Non-discrimination provisions of this Agreement, the sponsor will impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
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a. Withholding payments to the Contractor under the contract until the
Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
5. Incorporation of Provisions. The Contractor will include the provisions of this
section in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Contractor will take action with respect to any subcontract
or procurement as the sponsor or the Federal Aviation Administration may direct
as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the Contractor
may request the City to enter into any litigation to protect the interests of the
sponsor. In addition, the Contractor may request the United States to enter into
the litigation to protect the interests of the United States.
D. Mandatory Disclosures (31 U.S.C. 3799 — 3733). For all federally funded work
under this Agreement, 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
Agreement. The Contractor must disclose in writing all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting any applicable Federal award.
E. Conflict of Interest (2 CFR & 200.112). For all federally funded work under this
Agreement, the Contractor must disclose in writing any potential conflict of interest to the City or
pass-through entity in accordance with applicable Federal policy. Further, the City is required to
maintain conflict of interest policies as it relates to procured contracts. A conflict of interest exists
when any of the following occur: (i) because of other activities, relationships, or contracts, a
Contractor is unable, or potentially unable, to render impartial assistance or advice; (ii) a
Contractor's objectivity in performing the work is or might be otherwise impaired; or (iii) the
Contractor has an unfair competitive advantage.
F. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C.
§ 701 et seg.), 2 CFR & 182. To the extent applicable, Contractor must comply with Federal Drug
Free workplace requirements of the Drug Free Workplace Act of 1988.
G. Equal Employment Opportunity As per 2 CFR Part 200, Appendix II(C); 41 CFR §
61-1.4; 41 CFR § 61-4.3; Executive Order 11246 as amended by Executive Order 11375). For all
federally funded work under this Agreement, the Contractor agrees as follows: (1) the Contractor
will not discriminate against any employee or applicant for employment because of race, color,
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religion, sex, 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 identify, 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 Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices 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
considerations for employment without regard to race, color, religion, sex, or national origin; (3) the
Contractor will send to each labor union or representative of workers with which it has a collective
bargaining Contract 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; (4) 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; (5)
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.; (6) in the event of the Contractor's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders,
this Agreement 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.; (7) Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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.
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H. Minority/Women Business Enterprise. For all federally funded work under this
Agreement, Contractor must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible, in accordance
with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance by all
sub -contractors. Prior to contract award, the Contractor shall document efforts to utilize M/WBE
firms including what firms were solicited as suppliers and/or subcontractors as applicable and
submit this information with their bid submittal. Information regarding certified M/WBE firms can
be obtained from:
Florida Department of Management Services (Office of Supplier Diversity)
Florida Department of Transportation
Minority Business Development Center in most large cities and
Local Government M/DBE programs in many large counties and cities
I. Procurement of Recovered Materials. For all federally funded work under this
Agreement, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
J. Environmental and Energy Policies. For all work over the micro -purchase threshold,
the Contractor and subcontractors and subcontractors will comply with mandatory standards and
policies relating to energy efficiency, stating in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR
8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].
K. Clean Air Act and Federal Water Pollution Control Act. In all work funded in excess
of $150,000, the Contractor shall comply with the Clean Air Act as set forth below.
1. The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
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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 State of Florida, FEMA, and the appropriate EPA 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 under
this Agreement.
L. Federal Suspension and Debarment. This Agreement may be covered in part as a
transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Contractor is required
to verify that none of its subcontractors, 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).
1. 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.
2. By entering this Agreement, Contractor has made the Certification set forth in
this section. 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 State of Florida and the City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
3. Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the term of this Agreement.
Contractor further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
4. Certification Instructions
a. By signing this Agreement, the Contractor, referred to in this section as the
prospective lower tier participant, is providing the certification set out in
accordance with these instructions.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
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erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension or debarment.
c. The prospective lower tier participant shall provide immediate written notice
to the person(s) to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered
transaction," "principal," "proposal," and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Orders 12549, at Subpart C of
OMB 2 C.F.R. Part 180 and 3000.332. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining
a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this form that,
should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department
or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this form
that it will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the System for
Award Management (SAM) database.
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h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
Except for transactions authorized under paragraph (5) of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
5. Certification Regarding Debarment, Suspension, Ineli ig bility, and Voluntary
Exclusion for Lower Tier Covered Transactions. Contractor has certified its
eligibility within its Proposal and will secure the following certification from any
subcontractors. The following statement is made in accordance with the Privacy
Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by
the regulations implementing Executive Orders 12549, Debarment and
Suspension, and OMB 2 C.F.R. Part 180, Participants' responsibilities. The
regulations were amended and published on August 31, 2005, in 70 Fed. Reg.
51865-51880. [READ CERTIFICATION INSTRUCTIONS ABOVE BEFORE
COMPLETING CERTIFICATION]
a. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal or State department or agency;
b. Have not within a three-year period preceding this been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of these
offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for cause
or default.
e. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
M. Davis -Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29
CFR Part 5). Contractor agrees to comply with all provisions of the Davis Bacon Act as amended.
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. In addition, Contractors
must be required to pay wages not less than once a week. If the grant award contains Davis Bacon
provisions, the City will place a copy of the current prevailing wage determination issued by the
Department of Labor in the Notice to Proceed. The decision to award a Notice to Proceed shall be
conditioned upon the acceptance of the wage determination.
N. Federal Lobbying_ Contractor who applies for an award of $100,000 or more shall
file the required Byrd Anti -Lobbying Amendment certification as set forth in the ITB. Each tier of
subcontractor will certify 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 of subcontractor 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 Contractor.
O. Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part
�. Contractor shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR
Part 3 which are incorporated herein by this reference. Contractor is prohibited from inducing by
any means any person employed in the construction, completion, or repair of public work to give
up any part of the compensation to which he or she is otherwise entitled.
P. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as
supplemented by 29 CFR Part 5). All applicable work issued in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
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(305) 947-0606 phone (305) 949-3113 Fax
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor
and all subcontractors and subcontractors are required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions, which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market or contracts for transportation or
transmission of intelligence.
Q. Rights to Inventions Made Under a Contractor Agreement (37 CFR Part 401). If the
Federal funding for any work meets the definition of "funding agreement" under 37 CFR § 401.2,
Contractor may be subject to additional standard patent rights clauses in accordance with 37 CFR §
401.14.
R. Access to Records and Reports. Contractor will make available to the City, the
Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of
the United States, or any of their duly authorized representatives any books, documents, papers or
other records, including electronic records, of the Contractor that are pertinent to the Services and
this Agreement, in order to make audits, investigations, examinations, excerpts, transcripts, and
copies of such documents. The right also includes timely and reasonable access to the Contractor's
personnel during normal business hours for the purpose of interview and discussion related to such
documents. This right of access shall continue as long as records are retained. The Contractor further
agrees to provide the FEMA Administrator or his or her authorized representatives access to work
sites pertaining to the Services performed under this Agreement.
S. Federal Changes. Contractor will comply with all applicable Federal agency
regulations, policies, procedures, and directives, including without limitation those listed directly or
by reference, as they may be amended or promulgated from time to time during the term of the
Agreement.
T. Safeguarding Personal Identifiable Information (2 CFR § 200.82). Contractor will
take reasonable measures to safeguard protected personally identifiable information and other
information designated as sensitive by the City or is considered sensitive consistent with applicable
Federal, state and/or local laws regarding privacy and obligations of confidentiality.
U. Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part
200). The City will not issue work containing Federal funding on a cost-plus percentage of cost
basis.
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(305) 947-0606 phone (305) 949-3113 Fax
V. Trafficking Victims Protection Act (2 CFR Part 175). Contractor will comply with
the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits Contractor from (1) engaging in severe forms of
trafficking in persons during the period of time that resulting contract]is in effect; (2) procuring a
commercial sex act during the period of time that resulting Agreement is in effect; or (3) using
forced labor in the performance of the Services under this Agreement. This Agreement may be
unilaterally terminated immediately by City for Contractor's violating this provision, without
penalty.
W. Domestic Preference For Procurements (2 CFR � 200.322). As appropriate and to
the extent consistent with law, to the greatest extent practicable when using federal funds for the
Services provided in this Agreement, shall provide a preference for the purchase, acquisition, or use
of goods and products or materials produced in the United States.
X. Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C.
50101. Executive Order 14005). All iron, steel, manufactured products, and construction materials
used under a federally grant funded project must be produced in the United States. Additional
requirements may apply depending on the Federal Granting Agency provisions, please check with
City for further details. Contractors shall be required to submit a completed Buy American
Certificate with any applicable Notice to Proceed in substantially the following form:
1. Buy American Certificate (FAR 52.225-2) Contractor certifies that each end
product, except those listed in paragraph 19.26.2 of this provision, is a domestic
end product. Contractor shall list as foreign end products in paragraph 19.26.2
those end products manufactured in the United States that do not qualify as
domestic end products. The terms "domestic end product," "end product," and
"foreign end product" are defined in FAR 52.225-1 entitled "Buy American -
Supplies."
2. Foreign End Products: Line Item No. Country of Origin
3. The Government will evaluate offer in accordance with the policies and
procedures of part 25 of the Federal Acquisition Regulation.
Y. Prohibition On Certain Telecommunications And Video Surveillance Services Or
Equipment 2 CFR , 200.216). Contractor and any subcontractors are prohibited to obligate or
spend grant funds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or
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(305) 947-0606 phone (305) 949-3113 Fax
(3) enter into a contract to procure or obtain equipment, services, or systems 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. As described in Pub. L. 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For
the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). ii. Telecommunications or video surveillance services provided by such
entities or using such equipment. iii. Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise, connected to the
government of a covered foreign country.
Z. Enhanced Whistleblower Protections (41 U.S.C.4� 712). An employee of
Contractor and/or its subcontractors may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2)
information that the employee reasonably believes is evidence of gross mismanagement of a Federal
contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract
or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a Federal contract (including the competition for or negotiation of a contract)
or grant.
AA. Federal Funding Accountability and Transparency Act (FFATA) (2 CFR 20
2 CFR Part 170). In accordance with FFATA, the Contractor shall, upon request, provide City the
names and total compensation of the five most highly compensated officers of the entity, if the entity
in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal
awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the
public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 or section 6104 of the Internal Revenue Code of 1986.
BB. Federal Awardee Performance and Integrity Information System FAPIIS)( The
Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part
200 Appendix XII)). The Contractor shall update the information in the Federal Awardee
Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life
of this Agreement, by posting the required information in the System for Award Management via
https://www.sam.gov.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CC. Never Contract With The Enemy (2 CFR Part 183). For work funded by grant and
cooperative agreements in excess of $50,000 and performed outside of the United States, including
U.S. territories and in support of a contingency operation in which members of the Armed Forces
are actively engaged in hostilities, Contractor must exercise due diligence to ensure that none of the
funds, including supplies and services, received are provided directly or indirectly (including
through subawards or contracts) to a person or entity who is actively opposing the United States or
coalition forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a
subcontract.
DD. Federal Agency Seals, Logos and Flags. Contractor shall not use any Federal Agency
seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without
specific federal agency pre -approval.
EE. No Obligation by Federal Government. The Federal Government is not a party to
this Agreement 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 a resulting contract.
FF. Conflict with Grant Terms. In the event of any conflict between the terms and
conditions of this Agreement and the terms and conditions of any federal grant funding document
provided specific to the funds being used to contract services or goods under this Agreement, the
conflicting terms and conditions of that document shall prevail.
22. LIQUIDATED DAMAGES. Should the Contractor fail to complete requirements set forth
in this scope of work, the City will suffer damage. The amount of damage suffered by the City is
difficult, if not impossible, to determine at this time. Therefore, the Contractor shall pay the City,
as liquidated damages, the following:
A. The Contractor shall pay the City, as liquidated damages, $1,000.00 per calendar
day of delay to mobilize in the City with the resources required to begin debris
removal operations within seventy-two (72) hours of being issued Notice to
Proceed.
B. The Contractor shall pay the City, as liquidated damages, $500.00 per load of
disaster debris collected in the City that is not disposed of at a City approved DMS
or City approved Final Disposal Site and/or any associated fines levied by a third
party.
These amounts are not penalties but liquidated damages to the CITY. Application of liquidated
damages does not release the Contractor of all liability associated with hauling and depositing
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(305) 947-0606 phone (305) 949-3113 Fax
material to an unauthorized location. The amounts specified above are mutually agreed upon as a
reasonable and proper amount of damage the City should suffer by failure of the Contractor to
complete requirements set forth in the scope of work.
23. PERFORMANCE AND PAYMENT BOND. Upon activation of a task order by the City,
the Contractor will be required to provide Performance and Payment Bonds within three (3) calendar
days of a written `Notice to Proceed' by the City, each Bond shall be the amount equal to the total
one hundred percent (100%) of the amount of the Agreement. Once activated, the Payment and
Performance Bonds shall be in force for a period of not less than one (1) year from the date of
original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety
company authorized to do business in the State of Florida with an A.M. Best rating of "A-"
(Excellent) or better, which bond shall be conditioned upon the successful completion of all work,
labor, services, materials to be provided and furnished, and the payment of all subcontractors,
materials and laborers. If the value of the contracted work increases, the Contractor shall be required
to provide an updated Performance and Payment Bond in an amount equal to the new value.
24. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions had
been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party and does
so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended, or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension, and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent
term, statement, requirement or provision contained in any other document or attachment, including
but not limited to Attachments "A," and `B."
Phillips and Jordan, Incorporated Page 26 of 31
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
UolrcuSigned by:
1( 11 n/fi
S1 ile' 22F541F...
osh Leach
Print Name
ATTEST
i'
BY:
PHILLIPS AND JORDAN,
INCORPORATED
by:
M
BY:
,CMC, City Clerk Larisa Svechin, Mayor
BEACH
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Dc&91-�
BY: BY:
Department Head �„^ Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Phillips and Jordan, Incorporated Page 27 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
ITB
Phillips and Jordan, Incorporated Page 28 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
Contractor's Response
Phillips and Jordan, Incorporated Page 29 of 31
DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "C"
Scrutinized Companies Affidavit
Phillips and Jordan, Incorporated Page 30 of 31
DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A
4VNIJY IS�F
U Z
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
y P
1E Cy➢� F`Op ti
[PURSUANT TO FLORIDA STATUTE § 287.1351
I, Morgan Pierce , on behalf of Phillips & Jordan, Inc.,
Print Name Company Name
certifies that Phillips & Jordan, Inc. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
FZDoMAA,
cuSlgned by:
Signa cED33513C4D1...
President, Power
Title
6/7/2023
Date
DocuSign Envelope ID: E6E1 E814-097B-44C8-BAAF-69FDA8B8354A
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "D"
E -Verify Affidavit
Phillips and Jordan, Incorporated Page 31 of 31
DocuSign Envelope ID: E6E1E814-0976-44C8-BAAF-69FDA8B8354A
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system,
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien,
In accordance with Florida Statute 448,095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable), To enroll in E -Verify, employers should visit
the E -Verify website (httos://www.e-verify.gov/emplovers/enrolling-in•e•verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection,
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
Phillips and Jordan, Inc.
Company Name
Docuftned by:
0ffeor S� 3b13C401...
Morgan Pierce
Print Name
56-0694573
Federal Employer Identification Number (FEIN)
6/7/2023
Date
President, Power
Title
-11
Sworn to and subscribed before me on this this day of . 2023,
t1Y Is personally known to me
❑ Has produced identification (type of identification produced: )
WatuFe
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— Notary
Pri t or Stamp of Notary �Public
STATE• Os��P 'w
OF
TENNESSEE
NOTARY
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Genesis Cuevas, Purchasing Manager
June 15, 2023
Award ITB 23-04-01 Disaster Debris Management and Removal Services
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Pursuant to the Code of Ordinance § 62-6(d), all purchases of and contracts for equipment, supplies
and contractual services, when the estimated cost shall exceed $50,000.00 shall be based on
competitive bids.
As such, the City of Sunny Isles Beach released an Invitation to Bid (ITB) seeking qualified, experience
and licensed firm(s) hereinafter referred to as the Contractor (the "Contractor" or Debri
Management Contractor (the "DMC") to remove, process, and lawfully dispose of disaster generate(
debris from public property and public rights-of-way in response to an emergency event. Such events
include but is not limited to, hurricanes, tornadoes, windstorms, floods, and fires or manmade
disaster(s) such as civil unrest and terrorist attacks. Contractor shall provide all expertise, personnel,
tools, materials, equipment, transportation, supervision and all other services to rapidly respond to
volumes of wide scale debris. It is the intent of the City to award contracts to a Primary and a
Secondary Contractor for these services in order to insure adequate resources at the time of an event.
There is no guarantee that a Notice to Proceed (NTP) will be issued under the awarded agreement
NTP's will only be executed in the event of a declared emergency. The Consultant shall have a
profound understanding of the documentation involved for the reimbursement from FEMA, or other
Federal Agencies, and the State relief programs to make the process of cost recovery efficient and
accurate.
Item Number: 10.1
263
In anticipation of the expiration of the final term of the existing contracts, on April 18, 2023, the City
released ITB # 23-04-01 Disaster Debris Management and Disposal Services Twenty-six (26) vendors
registered as a Plan Holder on Demandstar. Plan Holders automatically receive email updates
regarding the ITB.The city held a non -mandatory sunshine pre -proposal conference on May 3, 2023,
three (3) interested bidders attended the meeting.
The City Clerk's office received four (4) bids in response to the ITB on May 16, 2023, CTC Disaste
Response, DRC Emergency Services, TFR Enterprises and Phillips & Jordan, Inc.
The lowest responsible and responsive bidder is DRC Emergency Services, as Primary Contractor ani
Phillips & Jordan, Inc. as Secondary Contractor. The recommendation is for the city manager to
request approval from the City Commission to into enter agreement with both Contractors.
FUNDING SOURCE:
Upon declaration of a state of emergency by either the County, State, or Federal government, all costs
associated with this contract will be reimbursed to the City, if approved by the Federal agency. Per
FEMA, eligible costs are expenses tied directly to eligible work, and must be adequately documented,
authorized, necessary and reasonable. Eligible costs include labor, equipment, materials, contract
work, and management costs.
ATTACHMENTS:
Resolution
Agreement with DRC Emergency Services, LLC
Agreement with Philips & Jordan, Inc.
Item Number: 10.1
264
Ao45NNY=a<FfBAGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND DRC EMERGENCY SERVICES, LLC
.l
CONTRACT NO. 2023-6830
�F C.9j r.FlOPoyoP
lOF S.o
THISAGREEMENT (hereinafter referred to as the "Agreement") is made in
duplicate, this day of ' , 2023, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and DRC EMERGENCY SERVICES, LLC,
a foreign limited liability company authorized to conduct business in Florida (hereinafter referred
to as "Contractor"), whose Federal I.D. No. 63-1283729.
RECITALS
WHEREAS, the City is in need of a Contractor to remove, process, and lawfully dispose of
disaster generated debris from public property and public rights-of-way in response to an emergency
event, including but not limited to, hurricanes, tornadoes, windstorms, floods, and fires, or manmade
disaster(s) such as civil unrest and terrorist attacks ("Services"); and
WHEREAS, the City issued an Invitation to Bid ("ITB") No. 23-04-01, entitled "Disaster
Debris Management and Disposal Services," as more particularly described in Attachment "A," a
copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the highest
ranked responsible and responsive bid, and was selected as the primary Contractor; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services, as more particularly
described in Attachment `B," a copy ,of which is attached hereto and incorporated herein by
reference; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, as primary Contractor, subject to the terms and conditions set forth herein and
in the Contract Documents; and
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and
made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The following documents (collectively "Contract
Documents") are hereby incorporated into and made part of this Agreement:
A. Invitation to Bid No. 23-04-01, "Disaster Debris Management & Disposal Services,"
including any and all addenda ("ITB" or "Attachment A").
B. The Contractor's response to the ITB ("Attachment B").
DRC Emergency Services, LLC. Page 1 of 31
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
In the event of any conflict between or among the Contract Documents, or any ambiguity or missing
specifications or instruction, the following priority is established:
A. First, this Agreement.
B. Second, Invitation to Bid No. 23-04-01, "Disaster Debris Management and Disposal
Services."
C. Third, Contractor's response to the ITB.
3. SERVICES. Contractor agrees to provide disaster debris management and disposal
services as the primary Contractor, as more particularly set forth in the Contract Documents,
including but not limited to, providing all expertise, personnel, materials, transportation,
supervision, and all other services to rapidly respond to volumes of wide -scale debris. Activities
shall include, but are not limited to, removing, processing, and lawfully disposing of disaster
generated debris from public property and public rights-of-way in response to an emergency event.
Contractor must adhere to all requirements and regulations established by the Federal Emergency
Management Agency (FEMA), the Federal Highway Administration (FHWA), Florida Department
of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), the Stafford
Act, and any other governmental agency with jurisdiction over response and recovery actions,
including the City's requirements. Contractor will be responsible for staying current with all FEMA
and other agency guidelines and regulations.
The City shall issue an official Notice to Proceed for the Services. The Notice to Proceed shall be
sent by e-mail and followed by U.S. regular mail. Under no circumstances shall the City be liable
for any Services rendered unless the written Notice to Proceed has been sent and received by the
Contractor. Contractor must acknowledge receipt of the written Notice to Proceed. Contractor shall
begin preparation for mobilization immediately after receiving the Notice to Proceed and be
fully operational within seventy-two (72) hours. If emergency road clearance is needed,
Contractor shall have crews working within twenty-four (24) hours. The City may issue a Notice to
Proceed twenty-four (24) to forty-eight (48) hours prior to a storm event depending upon the
magnitude of the event in order to allow sufficient time to prepare for commencement of operations.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees
to furnish all labor and material in a good and workmanlike and professional manner to perform the
Services. Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with the City's
needs and pursuant to the terms of this Agreement and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems that
could cause damage to the City's property, improvements, and persons. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be performed.
In the event the Contractor fails to complete the Services pursuant to the terms of this Agreement
and City must undertake the completion of performance of Services, Contractor agrees to indemnify
DRC Emergency Services, LLC. Page 2 of 31
268
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the City for all costs incurred with respect to the completion of those Services and any damages the
City may suffer as a result of the Contractor's failure to perform the Services.
4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section
9 hereunder, the term of this Agreement shall begin upon execution of this Agreement by both
Parties, and shall remain in effect for an initial three (3) year term. The City, at its sole option and
discretion, may renew the Agreement for one (1) additional two (2) year term, for a total of five (5)
years. In the event services are scheduled to end due to the expiration of this Agreement, Contractor
shall continue the Services upon the request of the City. This extension period shall not extend for
more than ninety (90) days beyond the expiration date of the Agreement.
Payment will be made only for work completed to the satisfaction of the City. The terms of Sections
16 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
5. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement
shall be in accordance with the Contract Documents, with a not to exceed amount of One Hundred
Thousand Dollars and No Cents ($100,000.00} per disaster unless otherwise amended in writing.
Should the Contractor exceed the not to exceed amount, it does so at its own risk and cost. Contractor
acknowledges that no payments will be made or due from the City unless Contractor is specifically
engaged by the City for a specific disaster. Actual work issued under the Agreement will be in
the form of Task Orders with a not -to -exceed amount.
A. Disbursements. There are no reimbursable expenses associated with this Agreement
except for expenses approved by the City Manager. The City will not pay and/or
reimburse any additional costs, including but not limited to, travel, mileage, lodging,
meals, and other travel and subsistence expenses.
B. Payment Schedule. Payment schedule shall be in accordance with the Contract
Documents. Invoice format and documentation should be acceptable for FEMA
reimbursement.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City may
unilaterally terminate any and all contractual or other obligations herein without any
further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all Services have been properly performed and all charges
and costs have been invoiced to the City. Since this account will thereupon be closed,
any other additional charges, if not properly included on this final invoice, are waived
by the Contractor.
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Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee, partner,
agent, shareholder, officer or in any other capacity other than as an independent contractor other
than those obligations which have been or shall have been undertaken by the City. Contractor shall
be responsible for any and all of its own expenses in performing its duties and Services as
contemplated under this Agreement. The City shall not be responsible for any expense incurred by
the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social
Security services and that such obligations shall be that of the Contractor, other than those set forth
in this Agreement. Contractor shall furnish its own transportation, office, and other supplies as it
determines necessary in carrying out its duties and Services under this Agreement.
7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Contractor pursuant
to this Agreement and related Services to this Agreement are intended and represented for the
ownership of the City only. Any other use by Contractor or other parties requires approval in writing
by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15)
calendar days.
8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure, and maintain the following minimum insurance
coverages to protect the City and Contractor against all loss, claims, damage, and liabilities caused
by Contractor, its agents, or employees, as indicated below:
A. Comprehensive General Liability with minimum limits of Two Million Dollars
($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability, with the City of Sunny Isles named as an Additional
Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles
Beach. Coverage to be provided on a Primary and Non-contributory format.
Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
1. Premises and Operation
2. Workers Compensation (Statutory)
3. Independent Contractors
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4. Products and/or Completed Operations Hazard
5. Broad Form Property Damage
6. Broad Form Contractual Coverage applicable to this specific Contract
7. Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
8. Professional Liability (Errors and Omissions)
B. Excess Umbrella Liability with a minimum limit of Two Million Dollars ($2,000,000), over
and above the Comprehensive General Liability, Business Automobile Liability and
Employers' Liability limits and coverage forms indicated.
C. Management Professional Liability with a One Million Dollar ($1,000,000) minimum limit
of liability.
D. Owned and Non -owned Business Automobile Liability with a minimum limit of One
Million Dollars ($1,000,000). The City of Sunny Isles Beach to be named as an Additional
Insured with the benefit of a Waiver of Subrogation. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
1. Owned Vehicles, if applicable;
2. Hired and Non -Owned Vehicles;
3. Employers' Non -Ownership.
The City shall be named as an additional insured on the above -referenced policies.
E. Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and
the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One
Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by such
employees in the course of their employment.
F. Pollution Liability Insurance with a minimum limit of One Million Dollars ($1,000,000)
each occurrence and Two Million Dollars ($2,000,000) annual aggregate, and with a
minimum of three (3) year discovery reporting period, and a retroactive date that equals or
precedes the effective date of the Agreement, or the performance of the Services, including
a limitation of self-insured retention not to exceed Twenty -Five Thousand Dollars
($25,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
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indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty
(30) days prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its subcontractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insurance of the types and to
the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS
IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY.
9. TERMINATION AND REMEDIES FOR BREACH.
A. Termination for Cause. If, through any cause within reasonable control, the
Contractor shall fail to fulfill in a timely manner or otherwise violate any of the
covenants, agreements, or stipulations material to this Agreement, the City shall have
the right to terminate the Services then remaining to be performed.
1. In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and subcontractor(s)) shall be delivered to
the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination, as provided in Section 7.
2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause, immediately terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. Upon receipt of the notice of
termination for convenience, Contractor shall promptly discontinue all work and to
the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portions of the
Agreement, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the Services. If the City
terminates for convenience pursuant to this Section, the terms of Section 9(A)(i) and
9(A)(ii) above shall be applicable hereunder.
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C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the Contractor
to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18
below, may result in immediate termination of this Agreement.
10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida. All
parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement, the City shall be entitled to its costs and attorney's fees at the pretrial, trial, and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (ten) years subsequent to that date upon which the
Agreement is terminated or completed, disclose to any person or entity, other than in the discharge
of the duties of the Contractor under this Agreement, any information which the City designates in
writing as "confidential." As a violation by the Contractor of the provisions of this Section could
cause irreparable injury to the City and there is no adequate remedy at law for such violation, the
City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin
the Contractor from violating such provisions.
12. NOTICES. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii)
by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified
or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
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If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tel: (305) 792-1701
33160
smorris n,sibfl.gov
Tel: (305) 792-1767
aboileau .,ngglaw.com
If to the Contractor:
John Sullivan, President
DRC Emergency Services
6702 Broadway Street
Galveston, TX 77554
Tel: (504) 482-2852
Efancher@drcusa.com
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Seven (7) years.
14. NON-DISCRIMINATION. In addition to the requirements of Section 21, the Contractor
agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights
Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the
Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375
and 12086. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap,
age, marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted
program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to, and be governed by, the
Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, which is incorporated by
reference herein as if fully set forth herein, in connection with the Agreement. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly,
which could conflict in any manner or degree with the performance of the Services. The Contractor
further covenants that in the performance of this Agreement, no person having any such interest
shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not
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offered or given to any member of, delegate to the Congress of the United States, any or part of this
Agreement or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the
fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials, and employees from and against claims, damages,
losses, and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to Services performed under this Agreement. The Contractor's
duty to defend, hold harmless, and indemnify the City, its agents, representatives, officers, directors,
officials, and employees shall arise in connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury, impairment, or destruction of
tangible property including loss of use resulting therefrom, caused by any negligent acts, errors,
mistakes, or omissions related to Services in the performance of this Agreement, including any
person for whose acts, errors, mistakes, or omissions the Contractor may be legally liable.
17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any
contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at
the City's option if it is discovered that the entity submitted false documents of certification, is listed
on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error, then the City shall
have the right to terminate the Agreement and seek civil remedies pursuant to Florida Statute Section
287.135.
18. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. Upon request from the City, Contractor shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that
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does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does
not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the City,
in a format that is compatible with the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 411
Floor, Sunny Isles Beach, Florida 33160.
19. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(htlps://www.e-verify og v/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D".
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
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this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
21. COMPLICANCE WITH OTHER FEDERAL STANDARDS
A. General Federal Provisions. Work issued under this Agreement may be fully or
partially funded by Federal funds. Where applicable, in accordance with Federal law, Contractor
shall comply with the provisions of this Section and comply with the authorities enumerated below,
which are incorporated herein by reference.
1. 2 CFR Part 25.110.
2. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and
3000.
3. Executive Orders 12549 and 12689
4. 41 CFR Part 60-1(a) and (d)
5. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary
limitations.
B. Non-discrimination Acts and Authorities. In addition to Section 14 herein, for all
federally funded work issued under this Agreement, Contractor agrees for itself, its successors, and
its assigns, to comply, and to assure that any subcontractor also agrees to comply, with the following
Title VI List of Pertinent Nondiscrimination Acts and Authorities.
1. Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq. 78 stat. 252), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are
herein incorporated by reference and made a part of this Agreement. Title VI also
includes protection to persons with "Limited English Proficiency" in any program
or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as
implemented by the Department of the Treasury's Title VI regulations, 31 CFR
Part 22, and herein incorporated by reference and made a part of this Agreement;
2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
3. 49 CFRap rt 21 (Non-discrimination In Federally -Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act
of 1964);
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4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs and
projects);
5. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR part
27;
6. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23 (prohibit discrimination
on the basis of age);
7. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin,
or sex);
8. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
9. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability under programs, activities, and services
provided or made available by state and local governments or instrumentalities or
agencies thereto (as amended 42 U.S.C. §§ 12101 et seq.) or in the operation of
public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and
38;
10. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.
§47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
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11. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
12. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg.
at 74087 to 74100);
13. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
14. Federal Fair Labor Standards Act (Federal Minimum Wage). All contracts and
subcontracts that result from this solicitation incorporate by reference the
provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA),
with the same force and effect as if given in full text. The FLSA sets minimum
wage, overtime pay, recordkeeping, and child labor standards for full and part
time workers. The Contractor has full responsibility to monitor compliance with
the referenced statute or regulation. The Contractor must address any claims or
disputes that arise from this requirement directly with the U.S. Department of
Labor — Wage and Hour Division.
15. Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this Contract incorporate by reference the requirements of 29 CFR
Part 1910 with the same force and effect as if given in full text. Contractor must
provide a work environment that is free from recognized hazards that may cause
death or serious physical harm to the employee. The Contractor retains full
responsibility to monitor its compliance and their subcontractors' compliance
with the applicable requirements of the Occupational Safety and Health Act of
1970 (20 CFR Part 1910). Contractor must address any claims or disputes that
pertain to a referenced requirement directly with the U.S. Department of Labor —
Occupational Safety and Health Administration.
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C. Non-discrimination Clauses for Compliance with Regulations.
1. Nondiscrimination. The Contractor, with regard to the work performed by it
during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not
participate directly or indirectly in the discrimination prohibited by the
Nondiscrimination Acts and Authorities, including employment practices when
the contract covers any activity, project, or program set forth in Appendix B of 49
CFR part 21.
2. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations, either by competitive bidding, or negotiation
made by the Contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the Contractor of the Contractor's obligations under
this Agreement and the Nondiscrimination Acts And Authorities on the grounds
of race, color, or national origin.
3. Information and Reports. The Contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the sponsor or
the Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
4. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with
the Non-discrimination provisions of this Agreement, the sponsor will impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the
Contractor complies; and/or
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b. Cancelling, terminating, or suspending a contract, in whole or in part.
5. Incorporation of Provisions. The Contractor will include the provisions of this
section in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto. The Contractor will take action with respect to any subcontract
or procurement as the sponsor or the Federal Aviation Administration may direct
as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the Contractor
may request the City to enter into any litigation to protect the interests of the
sponsor. In addition, the Contractor may request the United States to enter into
the litigation to protect the interests of the United States.
D. Mandatory Disclosures (31 U.S.C. §§ 3799 — 3733). For all federally funded work
under this Agreement, 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
Agreement. The Contractor must disclose in writing all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting any applicable Federal award.
E. Conflict of Interest (2 CFR & 200.112). For all federally funded work under this
Agreement, the Contractor must disclose in writing any potential conflict of interest to the City or
pass-through entity in accordance with applicable Federal policy. Further, the City is required to
maintain conflict of interest policies as it relates to procured contracts. A conflict of interest exists
when any of the following occur: (i) because of other activities, relationships, or contracts, a
Contractor is unable, or potentially unable, to render impartial assistance or advice; (ii) a
Contractor's objectivity in performing the work is or might be otherwise impaired; or (iii) the
Contractor has an unfair competitive advantage.
F. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C.
701 et seq.), 2 CFR § 182. To the extent applicable, Contractor must comply with Federal Drug
Free workplace requirements of the Drug Free Workplace Act of 1988.
G. Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR §
61-1.4; 41 CFR � 61-4.3; Executive Order 11246 as amended by Executive Order 11375). For all
federally funded work under this Agreement, the Contractor agrees as follows: (1) the Contractor
will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, 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 identify, or national origin. Such action shall include, but
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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 Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices 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
considerations for employment without regard to race, color, religion, sex, or national origin; (3) the
Contractor will send to each labor union or representative of workers with which it has a collective
bargaining Contract 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; (4) 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; (5)
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.; (6) in the event of the Contractor's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders,
this Agreement 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.; (7) Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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.
H. Minority/Women Business Enterprise. For all federally funded work under this
Agreement, Contractor must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible, in accordance
with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance by all
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sub -contractors. Prior to contract award, the Contractor shall document efforts to utilize M/WBE
firms including what firms were solicited as suppliers and/or subcontractors as applicable and
submit this information with their bid submittal. Information regarding certified M/WBE firms can
be obtained from:
Florida Department of Management Services (Office of Supplier Diversity)
Florida Department of Transportation
Minority Business Development Center in most large cities and
Local Government M/DBE programs in many large counties and cities
I. Procurement of Recovered Materials. For all federally funded work under this
Agreement, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
J. Environmental and Energy Policies. For all work over the micro -purchase threshold,
the Contractor and subcontractors and subcontractors will comply with mandatory standards and
policies relating to energy efficiency, stating in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR
8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].
K. Clean Air Act and Federal Water Pollution Control Act. In all work funded in excess
of $150,000, the Contractor shall comply with the Clean Air Act as set forth below.
1. The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
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 State of Florida, FEMA, and the appropriate EPA Regional
Office.
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3. The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance under
this Agreement.
L. Federal Suspension and Debarment. This Agreement may be covered in part as a
transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Contractor is required
to verify that none of its subcontractors, 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).
1. 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.
2. By entering this Agreement, Contractor has made the Certification set forth in
this section. 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 State of Florida and the City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
3. Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the term of this Agreement.
Contractor further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
4. Certification Instructions
a. By signing this Agreement, the Contractor, referred to in this section as the
prospective lower tier participant, is providing the certification set out in
accordance with these instructions.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension or debarment.
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c. The prospective lower tier participant shall provide immediate written notice
to the person(s) to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered
transaction," "principal," "proposal," and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Orders 12549, at Subpart C of
OMB 2 C.F.R. Part 180 and 3000.332. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining
a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this form that,
should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department
or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this form
that it will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the System for
Award Management (SAM) database.
h. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
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participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph (5) of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
5. Certification Regarding Debarment, Suspension, Ineli ig bility, and Voluntary,
Exclusion for Lower Tier Covered Transactions. Contractor has certified its
eligibility within its Proposal and will secure the following certification from any
subcontractors. The following statement is made in accordance with the Privacy
Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by
the regulations implementing Executive Orders 12549, Debarment and
Suspension, and OMB 2 C.F.R. Part 180, Participants' responsibilities. The
regulations were amended and published on August 31, 2005, in 70 Fed. Reg.
51865-51880. [READ CERTIFICATION INSTRUCTIONS ABOVE BEFORE
COMPLETING CERTIFICATION]
a. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal or State department or agency;
b. Have not within a three-year period preceding this been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of these
offenses enumerated in paragraph (1)(b) of this certification; and
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d. Have not within a three-year period preceding this application/proposal had
one or more public transactions (Federal, State or local) terminated for cause
or default.
e. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
M. Davis -Bacon Act (40 U.S.C. H 3141-3144 and 3146-3148, as supplemented by 29
CFR Part 51. Contractor agrees to comply with all provisions of the Davis Bacon Act as amended.
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. In addition, Contractors
must be required to pay wages not less than once a week. If the grant award contains Davis Bacon
provisions, the City will place a copy of the current prevailing wage determination issued by the
Department of Labor in the Notice to Proceed. The decision to award a Notice to Proceed shall be
conditioned upon the acceptance of the wage determination.
N. Federal Lobbying_ Contractor who applies for an award of $100,000 or more shall
file the required Byrd Anti -Lobbying Amendment certification as set forth in the ITB. Each tier of
subcontractor will certify 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 of subcontractor 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 Contractor.
O. Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part
3). Contractor shall comply with all the requirements of 18 U.S.C. § 874,40 U.S.C. § 3145, 29 CFR
Part 3 which are incorporated herein by this reference. Contractor is prohibited from inducing by
any means any person employed in the construction, completion, or repair of public work to give
up any part of the compensation to which he or she is otherwise entitled.
P. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as
supplemented by 29 CFR Part 5). All applicable work issued in excess of $100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contractor
and all subcontractors and subcontractors are required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half
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times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions, which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market or contracts for transportation or
transmission of intelligence.
Q. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401). If the
Federal funding for any work meets the definition of "funding agreement" under 37 CFR § 401.2,
Contractor may be subject to additional standard patent rights clauses in accordance with 37 CFR §
401.14.
R. Access to Records and Reports. Contractor will make available to the City, the
Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of
the United States, or any of their duly authorized representatives any books, documents, papers or
other records, including electronic records, of the Contractor that are pertinent to the Services and
this Agreement, in order to make audits, investigations, examinations, excerpts, transcripts, and
copies of such documents. The right also includes timely and reasonable access to the Contractor's
personnel during normal business hours for the purpose of interview and discussion related to such
documents. This right of access shall continue as long as records are retained. The Contractor further
agrees to provide the FEMA Administrator or his or her authorized representatives access to work
sites pertaining to the Services performed under this Agreement.
S. Federal Changes. Contractor will comply with all applicable Federal agency
regulations, policies, procedures, and directives, including without limitation those listed directly or
by reference, as they may be amended or promulgated from time to time during the term of the
Agreement.
T. Safeguarding Personal Identifiable Information (2 CFR § 200.82). Contractor will
take reasonable measures to safeguard protected personally identifiable information and other
information designated as sensitive by the City or is considered sensitive consistent with applicable
Federal, state and/or local laws regarding privacy and obligations of confidentiality.
U. Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part
200. The City will not issue work containing Federal funding on a cost-plus percentage of cost
basis.
V. Trafficking Victims Protection Act (2 CFR Part 175). Contractor will comply with
the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits Contractor from (1) engaging in severe forms of
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trafficking in persons during the period of time that resulting contract]is in effect; (2) procuring a
commercial sex act during the period of time that resulting Agreement is in effect; or (3) using
forced labor in the performance of the Services under this Agreement. This Agreement may be
unilaterally terminated immediately by City for Contractor's violating this provision, without
penalty.
W. Domestic Preference For Procurements (2 CFR § 200.322). As appropriate and to
the extent consistent with law, to the greatest extent practicable when using federal funds for the
Services provided in this Agreement, shall provide a preference for the purchase, acquisition, or use
of goods and products or materials produced in the United States.
X. Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. §,
50101. Executive Order 14005). All iron, steel, manufactured products, and construction materials
used under a federally grant funded project must be produced in the United States. Additional
requirements may apply depending on the Federal Granting Agency provisions, please check with
City for further details. Contractors shall be required to submit a completed Buy American
Certificate with any applicable Notice to Proceed in substantially the following form:
1. Buy American Certificate (FAR 52.225-2) Contractor certifies that each end
product, except those listed in paragraph 19.26.2 of this provision, is a domestic
end product. Contractor shall list as foreign end products in paragraph 19.26.2
those end products manufactured in the United States that do not qualify as
domestic end products. The terms "domestic end product," "end product," and
"foreign end product" are defined in FAR 52.225-1 entitled "Buy American -
Supplies."
2. Foreign End Products: Line Item No. Country of Origin
3. The Government will evaluate offer in accordance with the policies and
procedures of part 25 of the Federal Acquisition Regulation.
Y. Prohibition On Certain Telecommunications And Video Surveillance Services Or
Equipment (2 CFR & 200.216). Contractor and any subcontractors are prohibited to obligate or
spend grant funds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or
(3) enter into a contract to procure or obtain equipment, services, or systems 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. As described in Pub. L. 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
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Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For
the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities). ii. Telecommunications or video surveillance services provided by such
entities or using such equipment. iii. Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise, connected to the
government of a covered foreign country.
Z. Enhanced Whistleblower Protections (41 U.S.C. § 4712) An employee of
Contractor and/or its subcontractors may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2)
information that the employee reasonably believes is evidence of gross mismanagement of a Federal
contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract
or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a Federal contract (including the competition for or negotiation of a contract)
or grant.
AA. Federal Funding Accountability and Transparency Act FFATA) (2 CFR 200.300;
2 CFR Part 170). In accordance with FFATA, the Contractor shall, upon request, provide City the
names and total compensation of the five most highly compensated officers of the entity, if the entity
in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal
awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the
public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 or section 6104 of the Internal Revenue Code of 1986.
BB. Federal Awardee Performance and Integrity Information System (FAPIIS)( The
Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part
200 Appendix XII)). The Contractor shall update the information in the Federal Awardee
Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life
of this Agreement, by posting the required information in the System for Award Management via
https://www.sam.gov.
CC. Never Contract With The Enemy (2 CFR Part 183). For work funded by grant and
cooperative agreements in excess of $50,000 and performed outside of the United States, including
U.S. territories and in support of a contingency operation in which members of the Armed Forces
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are actively engaged in hostilities, Contractor must exercise due diligence to ensure that none of the
funds, including supplies and services, received are provided directly or indirectly (including
through subawards or contracts) to a person or entity who is actively opposing the United States or
coalition forces involved in a contingency operation in which members of the Armed Forces are
actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a
subcontract.
DD. Federal Agency Seals, Logos and Flags. Contractor shall not use any Federal Agency
seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without
specific federal agency pre -approval.
EE. No Obligation by Federal Government. The Federal Government is not a party to
this Agreement 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 a resulting contract.
FF. Conflict with Grant Terms. In the event of any conflict between the terms and
conditions of this Agreement and the terms and conditions of any federal grant funding document
provided specific to the funds being used to contract services or goods under this Agreement, the
conflicting terms and conditions of that document shall prevail.
22. LIQUIDATED DAMAGES. Should the Contractor fail to complete requirements set forth
in this scope of work, the City will suffer damage. The amount of damage suffered by the City is
difficult, if not impossible, to determine at this time. Therefore, the Contractor shall pay the City,
as liquidated damages, the following:
A. The Contractor shall pay the City, as liquidated damages, $1,000.00 per calendar
day of delay to mobilize in the City with the resources required to begin debris
removal operations within seventy-two (72) hours of being issued Notice to
Proceed.
B. The Contractor shall pay the City, as liquidated damages, $500.00 per load of
disaster debris collected in the City that is not disposed of at a City approved DMS
or City approved Final Disposal Site and/or any associated fines levied by a third
party.
These amounts are not penalties but liquidated damages to the CITY. Application of liquidated
damages does not release the Contractor of all liability associated with hauling and depositing
material to an unauthorized location. The amounts specified above are mutually agreed upon as a
reasonable and proper amount of damage the City should suffer by failure of the Contractor to
complete requirements set forth in the scope of work.
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23. PERFORMANCE AND PAYMENT BOND. Upon activation of a task order by the City,
the Contractor will be required to provide Performance and Payment Bonds within three (3) calendar
days of a written `Notice to Proceed' by the City, each Bond shall be the amount equal to the total
one hundred percent (100%) of the amount of the Agreement. Once activated, the Payment and
Performance Bonds shall be in force for a period of not less than one (1) year from the date of
original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety
company authorized to do business in the State of Florida with an A.M. Best rating of "A-"
(Excellent) or better, which bond shall be conditioned upon the successful completion of all work,
labor, services, materials to be provided and furnished, and the payment of all subcontractors,
materials and laborers. If the value of the contracted work increases, the Contractor shall be required
to provide an updated Performance and Payment Bond in an amount equal to the new value.
24. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions had
been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party and does
so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended, or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension, and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent
term, statement, requirement or provision contained in any other document or attachment, including
but not limited to Attachments "A," and `B."
[SIGNATURE PAGE TO FOLLOW]
DRC Emergency Services, LLC. Page 26 of 31
292
City of Sunny Isles Beach 18070 Collins Avenue, Surety Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
Akffi(-"�
Signature
Lisa Walsh, Contracts Manager
Print Name
BY:
Department Head
DRC EMERGENCY SERVICES, LLC
Kristy Fuentes, Vice President, Secretary Treasurer
CITY OF
BY: _ ► y i
City Clerk Larisa Svechin, Mayor
BEACH
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
( L
BY: 0 c9L
Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
DRC Emergency Services, LLC. Page 27 of 31
O� SJNNY ,y�E�e
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
'QP
tit I
[PURSUANT TO FLORIDA STATUTE § 287.1351
I, Kristy Fuentes , on behalf of DRC Emergency Services, LLC
Print Name Company Name
certifies that DRC Emergency Services, LLC does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Vice President, Secretary, Treasurer
Title
Date
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "D"
E -Verify Affidavit
DRC Emergency Services, LLC. Page 31 of 31
E-Verifv Affidavi
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
DRC Emergency Services, LLC
Co n Name
Offor 8Waturb Al bat
Kristy Fuentes Vice President, Secretary, Treasurer
Print Name Title
63-1283729
Federal Employer Identification Number (FEIN)
Notary Public Information
Sworn to and subscribed before me on this this 73 day of JUX\-e— , 2023.
10 Is personally known to me
El Has produced identification (type of identification produced:
I'&v&-,
Signature of Notary Public
CECELIA MORISE
Notary Public • State of Louisiana
Notary ID Number 157893
Print or Stamp of Notary Public
Olt O(Lcu b1.
Expiration Date