HomeMy WebLinkAboutWaste Pro of Florida, Inc. Third Addendum to Solid Waste Agreement - 2020 01 28 THIRD ADDENDUM TO
SOLID WASTE AGREEMENT
THIS THIRD ADDENDUM TO SOLID WASTE AGREEMENT("Third Addendum")
is made and entered into this 28th day of January ,, 242C},by and between the CITE OF
WINTER SPRINGS,FLORIDA,a Florida Municipal.Corporation,located at 1126 E.State Road
434, Winter Springs, Florida 32708 ("City") and WASTE PRO OF FLORIDA,INC., a Florida
Corporation, located at 2101 West State Road 434, Third floor, Longwood, Florida 32779
("Contractor").
WITNESSETH;
WHEREAS, Contractor and City previously entered into that certain Solid Waste
Agreement, effective March 1, 2006 ("Agreement"), adopted by Ordinance No. 2006-01, as
amended by the Addendum adopted by Ordinance No. 2010-24 ("Addendum"), and further
amended to extend the Agreement by a Second .Addendum adopted by Ordinance 2019-04
("`Second Addendum"); and
WHEREAS,Section 21.0 of the Agreement addresses the Contractor's collection of debris
caused by hurricanes; and
WHEREAS, due to the impacts of Hurricane Irma in September 2017, the City had an
immediate need for Contractor to assist in the expedient removal of hurricane debris within the
corporate limits of the City of Winter Springs; and
WHEREAS,during the process of the City requesting reimbursement for Project 760 PW
8060, which relates to the debris removal services provided by Contractor following Hurricane
Irma, the City became aware that certain contractual provisions are required to be included in
related contracts when federal funds are being requested from the Federal Emergency Management
Agency("FEMA");and
WHEREAS,the parties desire to enter this Third Addendum to modify the Agreement to
incorporate the applicable provisions described in Appendix 11 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 or otherwise.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
consideration contained herein,the City and Contractor agree as hereinafter set forth:
1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by this
reference.
"Third Addendum to solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
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2.0 Amendments to Agreement. Section 21.0 is hereby deleted in its entirety and shall be
replaced with the following language:
21.0 Storms;Hurricanes;Natural Disasters*Calamities. In the event a major storm,
hurricane, natural disaster, or any gather type of major or serious calamity
("calamity")causes an excessive amount of refuse,vegetative waste,bulk trash,or
other excessive debris ("debris")to accumulate on streets, alleys, bridges, and on
private and/or public property, Contractor shall collect such debris at the City's
written request. City agrees to pay Contractor for such additional service in an
amount mutually agreed upon in writing by the City and Contractor. Contractor
acknowledges and agrees that collection and disposal services performed after a
calamity may be subject to special procedures in order that the City can receive
reimbursement from state and federal agencies life FEMA. In such cases,
Contractor shall be fully responsible and liable for complying with all such
procedures and shall also indemnify and hold harmless the City in the event
Contractor fails to comply with said procedures. Nothing in this Agreement shall
exclude or prohibit the City or any other contractors from collecting and disposing
of such debris caused by a major or serious calamity. The "Federally Required
Contract Clauses for FEMA Public Assistant Grantees and Subgrantees,"attached
hereto as"Attachment A,"is fully incorporated herein in order to enable the City's
receipt of federal reimbursement funding for Contractor work performed in
accordance with this Agreement. Attachment A includes required contracts
provisions for non-federal entity contracts under federal rewards. Attachment A
applies only to Contractor work performed pursuant to Section 21.0 and does not
otherwise apply to the Agreement.
3.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall
remain in full force and effect.
[Remainder vfpage intentionally blank. Signature page follows.]
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
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IN WITNESS WHEREOF, the parties cause this Third Addendum to be executed and
attested to by their respective authorized officials.
ATIFEST: CITY OF WINTER SPRINGS,FLORIDA:
Christian 0awan;Interim City Clerk Charles a y,Mayor
Tate 0 / /2 7 ✓ 2 r)2 4)
CORPORATE SEAL: CONTRACTOR:
WASTE PRO F FLORIUA NC.
Print Name/Title:
Third Addendum to Solid Waste Agreement
City of Winter Springs/'Waste Pros of Florida,Inc.
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ATTACHMENT A—FEDERALLY REQUIRED CONTRACT CLAUSES
FOR FEMA PUBLIC ASSISTANCE
GRANTEES AND SUBGRA:NTEES
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 tape 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
fur ish 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.
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(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
(6)The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further (government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965,or by role,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
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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 sure of
$10 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph(1)of this section.
(3)Withholding for unpaid wages and liquidated damages. 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&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,
Third Addendum to Solid Waste Agreement
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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.
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
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
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(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
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 Deport 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 subrecpients 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 $1.0,000 and not more than $100,000 for each such failure. The
Contractor,. . __ ,.w_ .. µ._... _.. ._._ ._ _y certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees at he provisionsof 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if
any.
Signature f C ntractor's Athhorized Official
Name and Tale of ontractor's Authorized Official
Date
Third Addendum to Solid Waste Agreement
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G. Procurement of Recovered Materials
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired—
(i) Competitively within a timefrarne 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,
)ttlrs:// ww.ei,a,, ov/sinn-ttcocn�)rchcitsivcj)rocui�ement-uuideline-cp:-I�ro,�_�ra .
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 FEMA Administrator, the
Comptroller General of the United.States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits,examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
1. I)HS.Seal, Logo, and Flags
The Contractor shall not use the DIIS seal(s),logos,crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA preapproval.
J. Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies,procedures, and directives.
Third Addendum to Solid'Waste Agreement
City of Winter Springs 1 Waste Pro of Florida,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.
M. Tertnination far Convenience
Either party may terminate for convenience without penalty at any time upon thirty (30) days
advance written notice. tii the event of termination, City shall be liable only for the payment of
all unpaid charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
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