HomeMy WebLinkAbout2020 Amendment #1AMENDMENT #1 TO SSS BREVARD OPCO, LLC DBA TROPICAL PROPERTY MANAGEMENT
CRA LANDSCAPE SERVICES AGREEMENT
This AMENDMENT dated MAY 6 , 2020. is made and entered Into by
City of Sebastian ("City') and SSS Brevard OPCO, LLC dba Tropical Property_ Management
("Contractor").
WHEREAS, On March 13, 2020, City approved the assignment transfer of Debris Removal and
Disposal Agreement ("Agreement'), dated January 15, 2016, to Contractor, and
WHEREAS. City requested and the Contractor agrees to add FEMA Federal Requirements to
ensure compliance with 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix I, Required Contract Clauses,
attached as Fxhiblt'K.
NOW, THEREFORE, in consideration of the promises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged. the parties hereto, Intending
to be legally bound hereby, agree as follows:
1. The Contractor's performance under this Agreement shall be subject to the FEMA Federal
Requirements.
2. The Agreement, as amended by this and all Amendments, including prices, terms and conditions
continue In full force and effect.
IN WITNESS WHEREOF, the parties have hereunto executed this Amendment effective as of the day and
year above.
SSS BREVARD OPCP, LLC dba CRY OF SEBASTIAN, FLORIDA ("City-)
TROPICAL PROPERTY MANAGEMENT
("Contractor") - -
By: By:
�J ([//' �/
Name: 11. <a.— ('.,..,-J ame Cad41-
Title: Can Title: City Manager - -- -
ATTE T:
I.
Jeanette Williams, MMC
le: City Clerk
Approved 4rq"eg
al r Reliance by
W.1'y
ITYATTORNEY
Page I of I
EXHIBIT "A"
FEMA FEDERAL. REQUIREMENTS
Funds for this project may be derived, in whole or part, from federal grants and therefore the successful Contractor
must comply with federal guidelines. The following Federal Requirements are supplemental to the General Terms
and Conditions. Where there is conflict, these Federal Requirements prevail unless the General Terms and
Conditions are stricter.
1. ual Emplovment O000rwni�}'
ppil"ble to rnnalrvelon`wmcz only)
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 monster; recru ment 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 ofthis 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, a=, or national origin.
(3) 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 Contractors commitments under this section, and shall post copies
of the notice in conspicuous places available an employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the tales, 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 contract/Purchase
Order or with any of the said rales, regulations, or orders, this contract/Purchase Order 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 rate, regulation, or
order ofthe Secretary of Labor, or as otherwise provided by law.
(7) 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 sub-Contracmr or vendor. The
Contractor will take each 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 sub -Contractor 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 ofthe United States.
Page 1 of 7
EXHIBIT "A"
2. Rights to Inventions Made Under a Contractor Agreement.
(See e(a)jb`WPtmob(lay)
a. Applicability. FEMA contracts that meet the definition of "funding agreement" under 37 C.F.R. § 401.2(a)
and the non -Federal entity 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".)
b. Sta/Iord Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation
Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training
Grant Program, Disasmr Case Management Grant Program, and Federal Assistance to Individuals and
Households — Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet
the definition of"funding agreement"
c. if the FEMA award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the non -
Federal entity wishes to enter into a contract with a small business firm or nonpmfit organization regarding
the substitution of parties, assignment or performance of experimental, developments], or research work
order that "funding agreement," the non-Fedcral entity most comply with the requirements of 37 C.F.R.
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
FEMA. See 2 C.F.R. Part 200, Appendix H, F.
3. Davis Bacon Act and Copeland Anti -Kickback AeL
(Ser 2(a)J4,a 1.1,1llry)
a. Applicability. The Davis -Bacon Act only applies to the emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not
apply to other FEMA grant and cooperative agreement programs, including the Public
Assistance Program. In situations where the Davis -Bacon Act does not apply, neither does the
Copeland "Anti -Kickback^ Act.
b. All transactions regarding this contract shalt be done in compliance with the Davis -Bacon Act (40
U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt 5 as may be applicable. The
Contractor shall comply with 40 U.S.C. 3141-3144 and 3146-3148 and the requirements of 29 C.F.R.
pt. 5 as applicable.
C. 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.
d. Additionally, Contractors are required to pay wages not less than once a week.
3.1. "Compliance with the Copeland "Anti -Kickback" Act.
a. Contractor. The Contractor shell comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this
contract.
b. Subcontracts. The Contractor or sub -Contractor shall insert in any subcontracts the clause above and
such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring
the sub -Contractors to include these clauses in any lower tier subcontracts. The prime Contractor shall
be responsible for the compliance by any sub -Contractor or lower tier sub -Contractor with all of these
contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a Contractor and sub -Contractor as provided in 29 C.FR § 5.12."
Page 2 of 7
EXHIBIT "A"
4. Procurement of Recovered Materials.
UDDOrable to all FE conbacu)
a. In the performance of this Contract/Purchase Order, the Contractor shall make maximum use of products
containing recovered materials that are EPA- designated items unless the product cannot he acquired—
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) Atareamnableprice.
b. Information about this requirement, along with the list of EPA -designate items, is available at EPA's
Comprehensive Procurement Guidelines web site, hems://www.enaeov/amm/comnrehmsive-nrocurement-
e uideline.cne-oroeram."
c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
S. Contract Work Hours and Safetv Standards Act.
(ADpllrabklaail F6 Aco.. In erarttaf5100000, relatedla "mechanira oral laborr')
a. Overtime reuuirer a ct Neither the Contractor, nor any sub -Contractor contracting for any part of the
contract work whmh 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-halftimes the basic rate ofpay for all hours worked in excess of forty hours
in such workweek.
b. Violation- liabilin, ffor unpaid wares- liquidated damn •es. In the event of any violation of the clause set
forth in paragraph (a) of this section the Contractor mi any sub-Cormaclor responsible therefor shall be
liable for the unpaid wages. In addition, such Contractor and sub -Contractor shall he liable to the United
States (in the case of work done under contract for the District of Columbia m 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 (a) of this section, in the sum of S26 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 (a) of this section.
c. Withholding far unpaid wages and Ilnuidared damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of
the Department of tabor withhold or cause to be withheld, from tiny moneys payable on account of work
performed by the Contractor or sub -Contractor under any such contract or any other Federal contract with
the same prime Contractor, or my 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 they he determined to be
necessary to satisfy my liabilities of such Contractor or sub -Contractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a) through (d) of this section and also a clause requiring the sub -Contractors to include these
clauses in my lower tier subcontracts. The prime Contractor shall be responsible for compliance by my
sub -Contractor or lower tier sub -Contractor with the clauses set forth in paragraphs (a) through (d) of this
section.
Page 3 of 7
EXHIBIT "A"
6. Clean Air AM and the Federal Water Pollution Control Act.
(ApplicableroFEMA coubncra in excenaaf$150,000)
a. 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 min, report each violation as required to assure notification to the Florida Division of Emergency
Management, Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding 5150,000 financed
in whole or in part with Federal assistance provided by FEMA.
b. 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 rem, report each violation as required to assure notification to the Florida Division of
Emergency Management, 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.
7. Debarment and Suspension. (Attachment "A")
(Applicable to all FEMA canrmeu)
a. Contractors shall file the required certification (attached hereto as Attachment "A").
It. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 CYA. 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 W 2 C.F.R. § 180.905) am excluded (defined at 2 C.F.R § 180.940) or disqualified
(defined at 2 CYA, § 190.935).
c. The Contractor most 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 my lower tier covered transaction it enters into.
it. This certification is a material representation of fact relied upon by City of Sebastian. 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 Florida Division of Management and the City, the
Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment.
e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
in. 3000, subpart C while this offer is valid and throughout the period of my contract or purchase order 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.
Page 4 of 7
EXHIBIT "A"
8. Bvrd Anti-Lobbvio pAmendments. 31 US.0 § 1352 lu amended). (Attachment "B")
(Ayyilreb(r ro FEMA canlwro Ice ercear olr10a,00�
Contractors who apply or bid for an award of $100,000 or more shall file the required certification (aaeched
hereto as Attachment "B'). Each tier certifies to the tier above that it will not and box 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 me forwarded from tier to tier up to the recipient.
9. Access to Records.
(AFpbcable to di FEMA comma.)
The following access to records requirements apply to this Purchase Order:
(1) The Contractor agrees to provide the City of Sebastian, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents, papers,
and records of the Convector which are directly pertinent to this Purchase Order for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Convector 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 representative's access to
construction or other work sites pertaining to the work being completed under the Purchase Order."
10. DHS Seal LoP.q and Flags.
(Appflcab/eI cell Amur )
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre- approval.
11. ComllHance with Federal Law. Reeulations, and Executive Orders.
(Aypllmble io all FEMA rnarmcn)
This is an acknowledgemear that FEMA financial assistance will be used to fmd the Purchase Order only. The
Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
12. No Oblieation by Federal Government.
(Aolcable m oil FEMA rommra)
The Federal Government is not a party to this Purchase Order and is not subject to any obligations or liabilities
to the non -Federal entity, Contractor, or my other party pertaining to any matter resulting from this Purchase
Order.
13. Prog�ram ts Fraud and False or Fraudulent Statements or Related A<.
(ApFllmMr m all FEMA roaaaru)
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Connector's actions pertaining to this Purchase Order.
Page 5 of 7
EXHIBIT "A"
ATTACHMENT "A"
ICATIONS REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONISBMITY MATTERS
The Offeror certifies, to the best of its knowledge and belief, that
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. 30W, 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 City of Sebastian, a political
subdivision of the State of Florida (the "City'l. 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 Florida Division Emergency Management, the City, and the Federal Govemment 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. In. 180, subpart C and 2
C.F.R. pt. 3000, subpart C white 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.
/V;e�
Signature of Contractor's Authorized Official
V. seen Cweet CEO
Name and Title of Contractor's Authorized
5W020
Date
Page 6 of 7
EXHIBIT "A"
ATTACHMENT "A"
APPENDIX A, 44 C.F.R. PART IS: CERTIFICATION REGARDING LOBBYING
Certification for Contracts. Grants. Loans, and C eer itive Aaeeements
(robe submitted with each bid or offer exceeding $100,000)
The undersigned 555 ftxeve+d Ok0 LIB certifies, to the best of his or her knowledge, that:
(Contracmr)
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, or cooperative agreement, the undersigned shall complete and submit
Standard Form- LLL, "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, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients 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, 555 @YeVwl 1,,Pra LLL , certifies or affirms the tnrthfrilness and accuracy of
each statement of its certification smA disclosure, if any. In addition, the Contractor understands and
ages that the provisions of 31 U.S.C. § 3801 el seq., apply to this certification and disclosure, if my.
V
Signature of
Contractor's Authorized Official
V dPa�lwS , CEb
Name and Title of Contractor's Authorized Official
' a-t)ryp
DbtW
Page 7 of 7