HomeMy WebLinkAboutR-2010-111 O'Brien's Response Management Inc RESOLUTION NO. 2010-111
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR DISASTER MANAGEMENT AND RECOVERY
SERVICES BETWEEN THE CITY OF DANIA BEACH AND O'BRIEN'S
RESPONSE MANAGEMENT INC., UNDER A CONTRACT WITH THE CITY
OF COOPER CITY, FLORIDA, RFP BID NO. 2009-7; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $25,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission and if such purchases are made pursuant to a competitive bid
obtained within the last eighteen (18) months by other governmental agencies such as the federal
government, State of Florida or a Florida county or municipality; and
WHEREAS, the City Manager has determined that having a debris monitoring company
provides the greatest opportunity to ensure that all FEMA debris eligibility guidelines are adhered
to; and
WHEREAS, the City Manager has determined that disaster management and recovery
services can be obtained at the least cost to the City by using O'Brien's Response Management,
Inc., 6505 Blue Lagoon Dr., Suite 435, Miami, Florida, 33126, through use of an existing contract
between the City of Cooper City and O'Brien's Response Management, Inc., that was executed on
March 10, 2010; a copy of which is attached as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Manager is authorized to execute an appropriate contract with
O'Brien's Response Management, Inc., 6505 Blue Lagoon Dr., Suite 435, Miami, Florida, 33126,
using the general terms, conditions and explicit pricing of the contract awarded to the City of
Cooper City, Florida.
Section 2. That costs relating to the use of these contractual services shall be paid
from funds set aside by the City for designated emergency use.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on July 27, 2010.
ATTEST: po�Paas Fiesrc�rr C.KAJ
^ \ = MAYOR-COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T FORM AND CORRECTNESS:
THOMA J. A Sb*
CITY ATTOP EY
2 RESOLUTION #2010-111
CONTRACT FOR DISASTER MANAGEMENT
& RECOVERY SERVICES RFP##2009-7
This Contract for Disaster Management & Recovery Services ("Contract") is entered into by and
between The City of Cooper City. Florida ("Cooper Ciq?' or"City") and O'Brien's"es onse Management Inc.
("Contractor"or"O'Brien'sRM'),each of which may be referred to individually as"Party" or collectively as the
"Parties".
Recitals
WHEREAS, the City issued a Disaster Management & Recovery Services RFP #2009-7 ("RFP"), and
Solid Resources, Inc. submitted a response to this RFP;
WHEREAS, the City awarded the contract for Disaster Management & Recovery Services to Solid
Resources, Inc.;
WHEREAS, Solid Resources, Inc. merged into O'Brien's Response Management Inc. effective January j
1,2010;
WHEREAS, O'Brien's Response Management Inc. is an environmental and emergency management
services firm that is registered as a corporation in good standing with the State of Florida;
WHEREAS, O'Brien's Response Management Inc., by operation on law, is the successor in interest
and has assumed all of the obligations of Solid Resources, Inc.;
WHEREAS, the Parties enter into this Contract to provide for the agreed-upon terms and conditions
as detailed in the RFP.
NOW THEREFORE,in accordance with the specifications and requirements of the RFP, the Parties
agree to the following
1. Reci . The Parties agree that the above-referenced recitals are incorporated herein. The Parties also
agree that the Disaster Management & Recovery Services RFP # 2009-7 and the response submitted by
O'Brien'sRM (collectively the "RFP") are hereby incorporated into the Contract Notwithstanding the
foregoing, this Contract shall control over any conflicting provision of the RFP.
2. EnMement. The City hereby engages Contractor, and Contractor hereby accepts such engagement,
to provide Disaster Management and Recovery Services (as defined herein) in accordance with the terms, and
subject to the conditions, of this Contract.
3. Services. During the Term (as defined herein) and as requested by the Client, the Contractor shall
provide the City with Disaster Management& Recovery Services that shall include those services described in
Attachment A,which is incorporated herein ('Services' .
3. Term, The Term of this Contract shall commence on the day the Contract is signed by the City,
provided both Parties have signed the Contract C Effective Date") and shall be in effect for a period of three
years ("Initial Temil, unless otherwise terminated earlier as provided herein. At the end of the Initial Term,
upon the request of the City, the Parties can renew the Contract for two (2) additional one (1)year renewal term
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("Renewal Term' . Both the "Initial Term" and any "Renewal Tean(s)" tray be collectively referred to as
4. jnd=rident Contractor. It is expressly acknowledged by the Patties that Contractor is an
"independent contractor" and nothing contained in this Contract is intended, or shall be construed, to create a
partnership between the Parties, to cause either Party to be responsible in any way For the debts, liabilities, or
obligations of the other Party, or to constitute an employer-employee relationship between the Parries.
5. lasuratace. During the Term, the Contractor agrees to obtain or possess the following insurance
coverage,and will provide Certificates of Insurance to the City to verify such coverage.
a) Workers' Compensation. The Contractor shall provide coverage for its employees with
statutory workers'compensation limits,and no less than$1,000,000 for the Employers'Liability.
Said coverage shall include a waiver of subrogation in favor of the City and its agents,
employees,and officials.
b) Commercial General Liability. The Contractor shall provide coverage for all operations
including, but not limited to Contractual, Products, and Completed Operations, and Personal
Injury. The limit-,;shall be no less than$1,000,000 per occurrence,with a$2,000,000 aggregate.
c) Business Automobile Liability. The Contractor shall provide coverage for all owned, non-
owned and hired vehicles with limits of not less than $1,000,000 per occurrence, Combined
Single Limits (CSL)or its equivalent.
d) Professional LwbgMy(p'.+*ors & Omtsaolw. The Contractor shall provide coverage for all
claims arising out of the Services performed with limits not less than$1,000,000 per claim. The
aggregate limit shall either apply separately to this contract or shall be at least twice the required
per claim limit
6. Notice. All notices from the Contractor to the City,or from City to the Contractor must be in writing,
and,shall be deerned duly served if trailed by U.S. trail,e-mailed,or faxed to the other Party at the following.
QU of Couper CrtCit' O'Brien's Response Management Inc
Keri Anne Fisher, Gary Stankovich
Purchasing Agent 555 Winderley Place
PO Box 290910 Suite 220
Cooper City,FL 33329-0910 Maitland,Florida,32751
TeL (954)434-4300 ext 26B Tel: (407)702-1172
Fax: (954) 434-5099 Fax: (407)702-1764
F mail: Purchasmg@CooperCityFL.org E-mail• gstankovich@solid-resources.com
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The Parties may change the above addresses or fax numbers at any time upon giving the other Parry
written notice
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7. Compensation.
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7.1 Invoices. The Contractor shall provide an invoice ("Invoice") to City on a monthly basis that
shall include the Services rendered, and the compensation for Services shall be in accordance with the schedule
provided in Attachment B, which is incorporated herein. The compensation for Services may not be modified,
unless otherwise agreed upon by the Parties in writing. The Parties agree that payment for such Services shall
be due thirty (30) days upon receipt of the Invoice.
7.2 Non-Co�titwenev. Pursuant to the terms and conditions of this Contract, Contractor shall
provide Services to the City in accordance with federal, state, and local laws, rules, and regulations, k^EfYLA
Policy and Guidance, and FHWA requirements including those requirements in Attachment C, which is
incorporated herein. The payment for Services shall not be contingent upon any funding amount approved, or
provided by,FEMA or FHWA to the City.
7.3 Records Maintenance. The Contractor shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing the Services for at least three (3) years after
completion of the Contract. All records,documents, and information collected and/or maintained by others in
the course of the administration of the Contract shall be transferred to electronic data storage media and copies
given to the City to retain for its use. The information shall be made accessible at the Contractor's place of
business to the City, including the Comptroller's Office and/or its designees, for purposes of inspection,
reproduction,and audit without restriction.
S. Termination.
8.1 For Default. If Contractor defaults in its performance under the Contract and does not cure
the default within 30 days after written notice of default,the City Manager may terminate the Contract,in whole
or in part, upon written notice without penalty to the City. In such event, the City may hold the Contractor
liable for any damages caused to the City by reason of such default and termination,including the excess cost of
procuring similar supplies or services. In the event of such termination, any completed services performed by
the Contractor under this Contract shall, at the option of the City, become the City's property and the
Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the
City. The Contractor,however, shall not be relieved of liability to the City for damages sustained by the City by
reason of any breach of the Contract by the Contractor, and the City may withhold any payments to the
Contractor for the purpose of setoff until such time as the amount of damages due to the City from the
Contractor can be determined. The Contractor shall NOT be liable for damages if, (1) it is determined for any
reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his
subcontractor's control,fault or negligence, the termination will be deemed to be a Termination without Cause.
8.2 Without Cause. The City may terminate this Contract without cause by providing Contractor
with 7 days written notice of the termination.
8.3 Effects of Termination. Upon receipt of any notice of termination, Contractor shall
discontinue providing Services except as otherwise provided in Section 8.1. To the extent that the termination
of this Contract is not due to Contractor's breach of its obligations under the Contract, City shall reimburse
Contractor for all Services properly furnished in accordance with the requirements of this Contract up and
through the date of the notice of termination (or such other time specified in the notice). Notwithstanding any
other provisions in the Contract to the contrary, the Contractor shall have no further obligations tinder this
Contract after the effective date of the termination.
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9. Indemnification/Liability. Contractor agrees to indemnify, defend, and hold City and its officers,
directors, officials, employees, and agents ("City Group") harmless from and against all fines, penalties, costs,
and expenses (including but not limited to attorney's fees), suits, actions, damages, judgments, claims, demands, i
liabilities,losses, and causes of action which may be asserted against or suffered or incurred by City,
dent to or in connection with the furnishing of the Services by Contractor or any activities by
arising out of,incident g
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' Contractor under this Contract or otherwise based upon the negligence, intentional tort, omissions of, or the
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breach of this Contract by the Contractor. Contractor shall not be responsible for any portion of a Claim, or
Claims, that relate to, or arise out of, the City Group's negligence, intentional torts, or any actions or omissions.
Except as otherwise provided in this Contract, no Party shall be liable for special, indirect, punitive, or
consequential damages.
10. Force Majeure. The Contractor shall not be responsible for any delay resulting from its failure to
perform if neither the fault nor the negligence of Contractor or its employees or agents contributed to the delay
and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond the Contractor's control, or for any of the foregoing if no alternate source of supply is
available to Contractor. In case of any delay Contractor believes is excusable, Contractor shall notify the City in
writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the i
cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could
occur as a result, or (2) if a delay is not reasonably foreseeable,within 5 days after the date Contractor first had
reason to believe that a delay could result. If performance is suspended or delayed,in whole or in part, due to
any of the causes described in this paragraph,after the causes have ceased to exist Contractor shall continue to
perform in accordance with the Contract. The Parties shall mutually dctennine whether additional
compensation is warranted.
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11. General Provisions.
11.1 AMement. This Contract and the RFP constitute the entire agreement between the Parties.
No oral agreements or representations shall be valid or binding upon the Parties.
11.2 Assignment The Contractor shall not sell, assign, or transfer any of its rights, duties, or
obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior
written consent of the City.
11.3 Venue, GoveMing Lam^ and Waiver of J= Trial The exclusive venue of any legal or
equitable action that arises out of or relates to the Contract shall be the appropriate state court in Broward
County,Florida. In any such action,Florida law shall apply and the Parties hereby waive any right to jury trial.
11.4 Safety. The Contractor agrees that it shall comply with all Occupational Safety and Health
Administration (OSHA), State and City Safety and Occupational Health Standards and any other
applicable rules and regulations relating to occupational safety.
11.5 Modification of Terms. The Contract contains all the terms and conditions agreed upon by
the Parties, which terms and conditions shall govern all transactions between the City and Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Parties.
11.6 Execution in Counterparts. The Contract may be executed in counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
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11.7 Severability. If a court deems any provision of the Contract void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable
and all other provisions shall remain in full force and effect.
11.8 Authority. Each person signing the Contract represents that he or she is duly authorized to do
so and to bind the respective Party to the Contract.
11.9 Waiver. The failure of either Patty to this Contract to object to,or to take affirmative action
with respect to,any conduct of the other which is in violation of the terms of this Contract,shall not be
construed as a waiver of the violation or breach,or of any future violation,breach or wrongful conduct.
11.10 Survival of Provisions. Any terms or conditions of this Contract that require acts
beyond the date of the Term of this Contract,shall survive termination of the Contract,shall retrain in full
force and effect,unless and until the terns or conditions are completed and shall be fully enforceable by either
Party.
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IN WITNESS WHEREOF, the Parties have executed thus Contract as written above.
City of oo er Ci Florida ((� O'Brien's Response Management Inc.
By: P 4 f C o Ur fi S By: Gary J.Stankovich
Title: _ Title:Executive Vice President, Gover nnent Services
Signahue: - � Signature
Date: �J 10��_ Date: �T—,16— 7o/e7
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ATTACHMENT A
DISASTER MANAGEMENT &RECOVERY SERVICES
SCOPE OF SERVICES REP#2009-7
A. DISASTER DEBRIS MONITORING SERVICES
Contractor shall provide disaster debris monitoring services to include debris generated from the
public rights-of-way, private property, drainage areas/canals, waterways, and other public,
eligible,or designated areas. Specific services may include:
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a) Coordinating daily briefings,work progress, staffing, and other key items with the City.
b) Selection and permitting of TDSR locations and any other permitting/regulatory issues as
necessary, i
c) Scheduling work for all team members and contractors on a daily basis.
d) Hiring, scheduling,and managing field staff.
e) Monitoring recovery contractoes operations and making/implementing recommendations to
improve efficiency and speed up recovery work.
Assisting the City with responding to public concerns and comments.
g) Certifying contractor vehicles for debris removal using methodology and documentation
practices appropriate for contract monitoring.
h) Entering load tickets into a database application.
i) Digitization of source documentation (such as load tickets).
j) Developing daily operational reports to keep the City informed of work progress.
k) Development of maps,GIS applications,etc,as necessary.
1) Comprehensive review, reconciliation, and validation of debris removal contractor(s)
invoices prior to submission to the City fox processing.
in) Project Worksheet and other pertinent report preparation required for reimbursement by
FEMA, FHWA and any other applicable agency for disaster recovery efforts by City staff
and designated debris removal contractors.
n) Final report and appeal preparation and assistance.
B. EMERGENCY MANAGEMENT PLANNING AND TRAINING
As directed by the City,the Contractor shall provide:
a) Comprehensive emergency plans (e.g. COOP, EOP) to include plan development; review,
and revisions.
b) Comprehensive mitigation programs to include development of mitigation plan(s), staff
training, cost benefit analysis, project management, environmental review and staff
augmentation.
c) Development of a debris management plan-including identification of an adequate number
of TDSR locations. Staff training as necessary.
d) Procurement assistance for debris removal contractors and other services as requested.
e) Project management to include the formulation and management of permanent work
projects,task force management,and City Commissions,Board and Panels.
f) Technical support and assistance in developing public information.
g) Other training and assistance as requested by the City.
h) Other reports and data as required by the City.
i) Other emergency management and consulting services identified and requited by the City.
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C. PUBLIC ASSISTANCE CONSULTING SERVICES
As directed by the City, the Contractor shall provide: ;
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a) Identification of eligible emergency and permanent work (Category A-G);
b) Damage Assessment;
c) Assistance in attaining Immediate Needs Funding;
d) Prioritization of recovery workload;
e) Loss measurement and categorization;
f) Insurance evaluation,documentation adjusting and settlement services;
g) project Worksheet generation and review;
h) FEMA,FHWA and NRCS reimbursement support,
i) Staff augmentation with experienced Public Assistance Coordinators and Project Officers;
j) Interim inspections, final inspections, supplemental Project Worksheet generation and final
review;
k) Appeal services and negotiations;
1) Reconstruction and long-term infrastructure planning;and
m) Final review of all emergency and permanent work performed.
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ATTACHMENT B
FEE SCHEDULE
The hourly labor rates shall include all applicable overhead and profit. All non-labor related project costs
will be billed to the City at cost without mark-up.
Positions Estimated Hours (1) Hourly Rates (2)
--- --- --- ------- -------
Project Manager 200 $90
Operations Manager 250 $75
Scheduler/Expeditors 250 $35
GIS Analyst 40 $70
Field Supervisors 550 $62
Debris Site/Tower Monitors 4,500 $37
Environmental Specialist 40 $80
Project Inspectors (Citizen Drop-Off
Site Monitors) 10,000 337
Field Coordinators (Crew Monitors) 20,000 $37
Load Ticket Data Entry Clerks (QA/QC) 5,000 $25
Billing/Invoice Analysts 150 $45
Project Coordinators 150 $40
Data Managet 50 $45
Public Assistance Coordinator $115
Project Officer $98
FEMA/FHWA Specialist $98
?MOTES:
1) Estimated hours are NOT intended to represent the actual contract amount, but are an estimate
of it typical work month and will be used for the sole purpose of evaluating proposals.
2) Rates are subject to a 2.5% increase for each annual renewal exercised under the Bid
Specifications of the RFP.
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ATTACHMENT C
REQUIRED FEDERAL PROVISIONS FOR
EMERGENCY RELIEF PROGRAM
DEBRIS MONITORING CONTRACT
1.0 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not i
incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal
Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division
Administrator of FHWA. If FHWA or the Department of Transportation determines that any amount
claimed is not eligible,federal participation may be approved in the amount determined to be adequately
supported and the Agency shall notify the Contractor in writing citing the reasons why items and
amounts are not eligible for federal participation. Where correctable non-compliance with provisions of
law or FIIWA requirements exist, funds may be withheld until compliance is obtained. Where non-
compliance is not correctable,the Agency may deny participation in project costs in part or in total.
2.0 Records:
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2.1 Establishment of Maintenance of Accounting Records: Records of costs incurred under the
terms of this agreement shall be maintained and made available upon request to the Agency at all time j
during the period of this agreement and for five years after the Department of Transportation has
closed out an Emergency Event with the Florida Division of Emergency Management. Records of
costs incurred include the Contractor's general accounting records and the project records,together with
supporting documents and records,of all subcontractors performing work on the project, and all other
records of the contractor and subcontractors considered necessary by the Department of Transportation
for a proper audit of costs.
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2.2 Documentation of Project Costs: All costs charged to the project shall be supported by properly
executed payrolls, time records, invoices, contracts or vouchers, and any other documentation
evidencing in proper detail the nature and propriety of the charges.
2.3 Inspection: The Contractor, the Agency and Department authorized representatives shall permit
authorized agents of FHWA to inspect all work, workmanship, materials,payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project. The
Agency reserves the right to unilaterally cancel this agreement for refusal by the Contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119,Florida Statutes,and made or received in conjunction with this
Contract (Section 287.058(1) (c), Florida Statutes).
3.0 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the
Agency that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Emergency Relief Program
funds under this Contract. The DBE requirements of applicable federal and state laws and regulations
apply to this Contract.
The Contractor agrees to ensure that DBEs have the opportunity to participate in the performance of
this agreement. In this regard, all Contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to
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compete for and perform contracts. The Contractor shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this agreement.
Furthermore, the Contractor agrees that each contract signed with a recipient subcontractor must
include the following assurance: Subcontractor shall not discriminate on the basis of race,color,national
origin, or sex in the performance of this contract. The Subcontractor shall carry out applicable
requirements of 49C.F.R.Part 26 in the award and administration of DOT-assisted contracts. Failure by
the Subcontractor to carry out these requirements is a material breach of this contract,which may result
in the termination of this contractor such other remedy as the Agency deems appropriate.
4.0 Restrictions,Prohibitions,Controls, and Labor Provisions:
4.1 Equal Employment Opportunity: In connection with the carrying out of the project, the
Contractor shall not discriminate against any employee or applicant for employment because of race,
age, religion, color, sex, national origin, disability or marital status. The Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during employment
without regard to their race, age, religion,color,gender, national origin, disability or marital status. 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.
4.2 Title VI - Civil Rights Act of 1964:The Contractor will comply with all the requirements imposed
by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation
issued thereunder, and the assurance by the Contractor pursuant thereto. The Contractor shall include
provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act
of 1964,49 C.F.R.Part 21,and related statutes and regulations.
4.3 Americans with Disabilities Act of 1990 (ADA): The Contractor. will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued thereunder.
4.4 Restrictions on Lobbying: The Contractor agrees that no federally-appropriated funds have been
paid, or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to
influence any officer or employee of any federal agency,a Member of Congress, an officer or employee
of Congress or any 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.
If any funds other than federally-appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress,an officer or employee of Congress or any employee of a Member of Congress in connection
with this Contract, the undersigned shall complete and submit Standard Form-LLL,Disclosure Form to
Report Lobbing,in accordance with its instructions.
The Contractor shall require that the language of this paragraph be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
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