HomeMy WebLinkAboutItem 08 Approval of Florida Department of Emergency Management Contract Amendments for Recovery of Funds Incurred During Hurricane IrmaOcoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 6, 2020
Item # b 8
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject:: Florida Department of Emergency Management Contract Amendfrients for Recovery
of Funds Incurred During Hurricane Irma.
Background Summary:
The Finance and Public Works Teams have been working diligently with the Federal Emergency
Management Agency, which distributes disaster relief funds through the Florida Department of
Emergency Management's (FDEM) Bureau of Recovery, to gain reimbursement of funds expended
during Hurricane Irma recovery efforts. As part of the reimbursements submitted, the FDEM has
requested certain contracts in place during the 2017 event be updated to include particular Federal
contract language. The vendors for the three contracts requested to be updated by FDEM: 1) Central
Florida Environmental, Corp., 2) Vista Landfill, LLC, and 3) Raynor -Shine Services, LLC, have agreed to
the amendments. Public Works is requesting Commission approval of amendments.
Issue:
Request the City Commission to approve amendments updating contracts to facilitate Federal
reimbursement of City funds expended during Hurricane Irma.
Recommendations:
Recommend the City Commission approve amendments requested by the Florida Department of
Emergency Management's Bureau of Recovery to existing contracts with: 1) Central Florida
Environmental, Corp., 2) Vista Landfill, LLC, and 3) Raynor -Shine Services, LLC, to facilitate the
reimbursement of funds expended during Hurricane Irma and authorize the City Mayor and Clerk to
execute said agreement.
Attachments:
Contract Amendments for: 1) Central Florida Environmental, Corp., 2) Vista Landfill, LLC, and 3) Raynor -
Shine Services, LLC.
Financial Impact:
Reimbursed funds will be applied to the appropriate account lines.
Type of Item: (please mark with an 'x')
Public HearingF rClerk's De t Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing`
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
4— Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept. j
Review ed by ( )
2
N/A
N/A
N/A
AMENDMENT TO
CONTINUING CONTRACT FOR SMALL CONSTRUCTION
SERVICES UNDER $200,000
THIS AMENDMENT TO CONTINUING CONTRACT FOR SMALL CONSTRUCTION
SERVICES UNDER $200,000 ("Amendment") is entered into on the day of '2q___,
by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 N.
Lakeshore Drive, Ocoee, Florida 34761 ("Ocoee"), and CENTRAL FLORIDA ENVIRONMENTAL
CORPORATION, a Florida corporation, whose address is 910 Belle Avenue #1040, Winter Springs,
Florida 32708 ("Company").
RECITALS
A. Whereas, Ocoee and Company entered into a CONTINUING CONTRACT FOR SMALL
CONSTRUCTION SERVICES UNDER $200,000 (the "Agreement"), dated as of February 7,
2017; and
B. Whereas, Ocoee and Company desire to amend the Agreement to ensure that the Agreement
contains requisite contract clauses provided in 2 C.F.R. 200.326 & 2 CFR 200 Appendix I1; and
C. Whereas, Ocoee and Company agree hereby acknowledge that the parties must comply with these
provisions in accordance with federal law.
NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
I . The parties agree that, in performance of their duties pursuant to the Agreement, Ocoee
and Company are subject to the federal terms stated in this Amendment. By performing the work,
the parties have accepted and agree to these terms:
(A) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),
in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(B) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for compliance with the Davis -Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
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. The non -Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The non -Federal
Page 1 of 4
entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
(C) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is 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.
(D) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
(E) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non -Federal award to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
(F) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Page 2 oro
(G) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or 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 must 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 non -Federal award.
(H) Procurement of recovered materials (s. 200.322). A non -Federal entity that is a state
agency or agency of a political subdivision of a state and its contractors 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.
2. All of the terms, covenants, conditions and provisions of the Agreement hereby remain in
full force and effect, except as modified by this Amendment.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day and year first above written.
COMPANY: Central Florida Environmental, Corp.
By: David Stalowy
Its: president
Page 3 of
CITY OF OCOEE,
a Florida municipal corporation
By: RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of ,
2020.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2020, UNDER
AGENDA ITEM NO.
Pa. -e 4 ol'4
\\Yi/
Ocoee
BID C NFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose
within their Bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or
City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder's firm or any of its branches,
or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit
applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership
or management is presently applying for an employee position or actively seeking an elected position with the City.
In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify
the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of
interest for the City Commission, Staff, and other key City employees and consultants involved in the award and
administration of this contract.
According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a
private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or
other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's
professional judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
X To the best of our knowledge, the undersigned firm has no potential conflict of interest for this
Bid.
The undersigned firm, by attachment to this form, submits information which may be a potential
conflict of interest for this Bid.
Acknowledged by:
Central Florida Environmental, Corporation
Firm Name
1
Signature �/
David Stalowy, president
Name and Title (Print or Type)
7-20-20
Date
AMENDMENT TO
INDUSTRIAL WASTE SERVICES & DISPOSAL
AGREEMENT
THIS AMENDMENT TO INDUSTIAL WASTE SERVICES & DISPOSAL AGREEMENT
("Amendment") is entered into on the day of '20_, by and between the CITY OF
OCOEE, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida
34761 ("Ocoee"), and VISTA LANDFILL, LLC, a Florida limited liability company, whose address is
1001 Fannin Street, Houston, Texas 77002 ("Company").
RECITALS
A. Whereas, Ocoee and Company entered into an INDUSTRIAL WASTE SERVICES &
DISPOSAL AGREEMENT (the "Agreement"), effective July 26,2016; and
B. Whereas, Ocoee and Company desire to amend the Agreement to ensure that the Agreement
contains requisite contract clauses provided in 2 C.F.R. 200.326 & Appendix II; and
C. Whereas, Ocoee and Company agree hereby acknowledge that the parties must comply with these
provisions in accordance with federal law.
NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
1. The parties agree that, in performance of their duties pursuant to the Agreement, Ocoee
and Company are subject to the federal terms stated in this Amendment. By performing the work,
the parties have accepted and agree to these terms:
(A) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),
in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
(B) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for compliance with the Davis -Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
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. The non -Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti -
Page 1 of 4
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
(C) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is 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.
(D) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" -under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
(E) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non -Federal award to agree to
comply with all applicable standards, orders or 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). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
(F) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(G) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
Page 2 of4
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 must 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 non -Federal award.
(H) Procurement of recovered materials (s. 200.322). A non -Federal entity that is a state
agency or agency of a political subdivision of a state and its contractors 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.
2. All of the terms, covenants, conditions and provisions of the Agreement hereby remain in
full force and effect, except as modified by this Amendment.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day and year first above written.
MOT17_1tiii
WSZY6�_
By: egae dad
Its: D'Aelme o� M nv �.w��.. V
t-At4it Did-ewm9or FL Orb+
Page 3 of4
CITY OF OCOEE,
a Florida municipal corporation
By: RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of ,
2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2019 UNDER
AGENDA ITEM NO.
Page 4 of
BID CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose
within their Bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or
City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder's firm or any of its branches,
or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit
applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership
or management is presently applying for an employee position or actively seeking an elected position with the City.
In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify
the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of
interest for the City Commission, Staff, and other key City employees and consultants involved in the award and
administration of this contract.
According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a
private interest tends to lead to disregard of a public duty or interest", and refers to situations in which financial or
other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's
professional judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge, the undersigned firm has no potential conflict of interest for this
Bid.
The undersigned firm, by attachment to this form, submits information which may be a potential
conflict of interest for this Bid.
Acknowledged by:
r- Pr rl �
Firm Name
� U k1t 4-/�
Signature
CIAQP- lEs �c
�l
Name and Title (Print or Type)
z_ zazo
Date
71)
n F X
/z�
AMENDMENT TO
DISASTER RECOVERY AND DEBRIS REMOVAL
AGREEMENT DP
THIS AMENDMENT TO DISASTER RECO ERY AND DEBRIS REMOVAL AGREEMENT
(-Amendment") is entered into on the day of 20,2e, by and between the CITY OF
OCOEE, a Florida municipal corporation, whose address is 160 N. Lakeshore Drive, Ocoee, Florida
34761 ("Ocoee"), and RAYNOR SHINE SERVICES, LLC, a Florida limited liability company, whose
address is 860 Ocoee Apopka Road. Ocoee. Florida 34761 ("Company").
RECITALS
A. Whereas, Ocoee and Company entered into a DISASTER RECOVERY AND DEBRIS REMOVAL
AGREEMENT (the "Agreement"). effective September 21.2017: and
B. Whereas, Ocoee and Company desire to amend the Agreement to ensure that the Agreement contains
requisite contract clauses provided in 2 C.F.R. 200.326 & Appendix Il: and
C. Whereas, Ocoee and Company agree hereby acknowledge that the parties must comply with these
provisions in accordance with federal law.
NOW, THEREFORE. for and in consideration of the foregoing. the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
1. The parties agree that, in performance of their duties pursuant to the Agreement, Ocoee and
Company are subject to the federal terms stated in this Amendment. By performing the work, the
parties have accepted and agree to these terms:
(A) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60. all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR
Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),
in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319r 12936, 3 CFR Part. 1964-1966 Comp.. p. 339). as amended by Executive Order
11376. "Amending Executive Order 11246 Relating to Equal Employment Opportunity."
and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity. Department of Labor."
(B) Davis -Bacon Act. as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation; all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for compliance with the Davis=Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 6, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
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. The non -Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3146), as supplemented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any pari of the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
(C) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100.000 that
involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act. each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all ]tours 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.
(D) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business titin or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental. developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
(E) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of
$150.000 must contain a provision that requires the non -Federal award to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-767]q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
(F) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in
the System for Award Management (SAlvf), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp.. p. 235), "Debarment and Suspension:' SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(G) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or 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 must 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 non -Federal award.
(H) Procurement of recovered materials (s. 200.322). A non -Federal entity that is a state
agency or agency of a political subdivision of a state and its contractors 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 %vith 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 510,000_ 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.
2. All of the terms, covenants, conditions and provisions of the Agreement hereby remain
in full force and effect, except as modified by this Amendment.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day
/and year first above written.
iir
COMPANY: A&A1e,/Z ��'1AI&
By:
Its: !C464>.
CITY OF OCOEE,
a Florida municipal corporation
By: RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of 2020.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2020 UNDER
AGENDA ITEM NO.
BID CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose
within their Bid: the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, or
City Consultants, who owns assets or capital stock, directly or indirectly, in the Bidder's firm or any of its branches,
or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or benefit
applies to any members of his or her immediate family.) Bidder certifies that no member of the entity's ownership
or management is presently applying for an employee position or actively seeking an elected position with the City.
In the event that a conflict of interest is identified in the provision of services, Bidder agrees to immediately notify
the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of
interest for the City Commission, Staff and other key City employees and consultants involved in the award and
administration of this contract.
According to Chapter 112, Florida Statutes, the term "conflict of interest" "means a situation in which regard for a
private interest tends to lead to disregard of a public,duty or interest", and refers to situations in which financial or
other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's
professional judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge, the undersigned firm has no potential conflict of interest for this
Bi .
The undersigned firm, by attachment to this foim, submits information which may be a potential
conflict of interest for this Bid.
Acknowledged by:
.b. ........
Name and Title (Print or Type)
Date