HomeMy WebLinkAboutBudget Tree Service, INC First Addendum to Vegetative Debris Removal Agreement 2019 10 15 a B
FIRST ADDENDUM TO AGREEMENT FOR
VEGETATIVE DEBRIS REMOVAL SERVICES
THIS FIRST ADDENDUM TO AGREEMENT FOR VEGETATIVE DEBRIS
REMOVAL SERVICES ("First Addendum") is made and entered on this Ott' day of
Ojj4.A --, 2019, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida
Municipal Corporation ("City"), located at 1126 E. State Road 434, Winter Springs, Florida 32708, and
A BUDGET TREE SERVICE, INC., a Florida Corporation, whose address is 710 E. State Road 434,
Winter Springs,Florida 32708 ("Contractor").
WITNESSETH:
WHEREAS, due to the impacts of Hurricane Irma in September 2017, the City had an
immediate need to obtain a contractor to assist in the expedient removal of vegetative storm debris within
the corporate limits of the City of Winter Springs; and
WHEREAS, Contractor operates a tree removal business within the jurisdictional limits of the
City of Winter Springs and has the personnel, equipment and resources to provide vegetative storm
debris removal services within the City of Winter Springs and to assist the City in vegetative debris
removal caused by Hurricane Irma; and
WHEREAS,Contractor and the City entered into the Agreement for Vegetative Debris Removal
Services on September 12, 2017 and the Contractor provided such services to the City; and
WHEREAS,during the process of the City requesting reimbursement for Project 760 PW 8060,
which relates to the vegetative debris removal services provided by Contractor following Hurricane
Irma,the City was informed by the Florida Division of Emergency Management("FDEM")that certain
contractual provisions are required by the Federal Emergency Management Agency ("FEMA") and
FDEM to be included in related contracts when federal funds are being requested; and
WHEREAS, the parties desire to enter this First Addendum to incorporate the applicable
provisions described in Appendix II to Part 200 Contract Provisions for non-Federal Entity Contracts
Under Federal Awards, as required by Section 200.326,Code of Federal Regulations, such that the City
may be expeditiously reimbursed by FEMA and FDEM.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
Section 1.0 Recitals. The foregoing recitals are hereby deemed true and correct and are
fully incorporated herein by this reference.
Section 2.0 Amendments to Agreement. The Agreement is hereby amended to include
the following additional provisions:
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services,Inc.
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23.0 MISCELLANEOUS PROVISIONS REQUIRED FOR
RECEIPT OF FEDERAL REIMBURSEMENT. Federally wReq wired Contract
Clauses for FEMA Public_Assistant Grantees and Subgrantees, attached hereto as
",Attachment A,"is fully incorporated herein in order to enable the Cites i t of
federal reimbursement fundin for Contractor work„.formed in accordance with
this Agreement. Attachment A includes rg.uired µcontracts farovisions forwunon-
federal entit contracts under federal rewards.
Section 3.0 Other Terms and Conditions; Conflict. Any other term or condition of the
Agreement not expressly modified by this First Addendum shall remain in full force and effect.
Should any term or condition of the Agreement conflict with any term or condition of this First
Addendum, this First Addendum shall control.
IN WITNESS WHEREOF, each party to this First Addendum has caused it to be
executed on the date indicated below.
CITY OFV TER SCORINGS CONTRAC°
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First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services,Inc.
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ATTACHMENT A—FEDERALLY REQUIRED CONTRACT CLAUSES
FOR FEMA PUBLIC ASSISTANCE
GRANTEES AND SUBGRANTEES
A. Equal Employment Opportunity
During the performance of this contract,the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race,color, religion, sex,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, 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 to be provided setting forth
the provisions of this nondiscrimination clause.
(2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
(4)The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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City of Winter Springs and A Budget Tree Services,Inc.
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(6)The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (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.
B. Compliance with the Contract Work Hours and Safety Standards Act
(1)Overtime requirements.No Contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in excess
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services,Inc.
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of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the Contractor or
subcontractor under any such contract or any other Federal contract with the same prime
Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4)of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs(1)through (4) of this section.
C. Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2)The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
D. Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2)The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services,Inc.
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E. Suspension and Debarment
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. 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 Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R.pt. 3000,subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
F. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant,or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the recipient.
APPENDIX A, 44 C.F.R. PART 18 --CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies,to the best of his or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
First Addendum to Agreement for Debris Removal Services
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grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall
complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The
Contractor, Rh) ,(k'� �, SVLcertifies or affirms the truthfulness and accuracy of each
statement of its certti 'tication and disclosure, if any. In addition, the Contractor understands and
agrees that th provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if
any.,
Signatu 111111 of on factor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services,Inc.
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G. Procurement gfRecovered Materials
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing .recovered materials that are EPA.-designated items unless the product cannot be
acquired—
(i) Competitively within a ti.m.eframe providing for compliance with the contract
performance schedule;
(ii)Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is available at
EPA's Comprehensive Procurement Guidelines web site,
htt s://www.e a, ov/smm/com rehensive .requrement- uidelilie-c ro rain.
H. Access to Records
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide the City, the State of Florida, the FEM.A Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
I. DH,S Seal, Logo., and flags
The Contractor shall not use the DIJS seal(s), logos, crests, or reproductions of flags or likenesses
of DIIS agency officials without specific FEIVIA preapproval.
J. Compliance with Federal Law, Regulations, and Executive (girders
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A BUdget'free Services; Inc.
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K. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity,contractor,or any other party pertaining to any matter resulting
from the contract.
L. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap.38(Administrative Remedies for False Claims
and Statements)applies to the Contractor's actions pertaining to this contract.
First Addendum to Agreement for Debris Removal Services
City of Winter Springs and A Budget Tree Services, Inc.
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