HomeMy WebLinkAboutR-2021-176 Government Services Group, Inc. (GSG) Contract for Administration of American Rescue Plan Act (ARPA) Funds (Under State of FL Contract)RESOLUTION NO.2021-176
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AWARDING A CONTRACT FOR MANAGEMENT
CONSULTING SERVICES TO GOVERNMENT SERVICES GROUP, INC.
(GSG), UNDER STATE OF FLORIDA MANAGEMENT CONSULTING
SERVICES CONTRACT #80101500-20-1, FOR THE ADMINISTRATION OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS, AND TO EXCEED THE
ANNUAL VENDOR THRESHOLD AMOUNT OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) FOR EACH YEAR THE CONTRACT IS
IN EFFECT; 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 the established monetary threshold
without competitive bidding and without advertisement for bids if she is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection
(a), sets the monetary threshold at Twenty -Five Thousand Dollars ($25,000.00) for a vendor each
fiscal year; and
WHEREAS, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) component
of the American Rescue Plan Act (ARPA) provides $19.53 billion to support thousands of non -
entitlement units of local government, which are local governments typically serving a population
under 50,000, which funding will provide a critical source of relief for local governments, like the
City of Dania Beach, many of which have not received direct fiscal assistance from the federal
government since the onset of the COVID-19 pandemic; and
WHEREAS, the City of Dania Beach has been awarded an allocation of Sixteen Million
One Hundred Sixty -Three Thousand Forty -Eight Dollars ($16,163,048.00) and has received one-
half of the funding; and
WHEREAS, on September 28, 2021, the City Commission authorized the use of State of
Florida Management Consulting Services Contract #80101500-20-1 for selection of a consultant
to assist in the administration of ARPA funds; and
WHEREAS, in accordance with Florida Department of Management Services State Term
Contract procedures, the City sent eight (8) requests for quotations (RFQ) to approved firms on
the State Contract list, and the City received one response from Government Services Group, Inc.
(GSG), which provides management consulting services to many Florida municipalities, and is
currently providing ARPA consulting to local cities of Margate, Deerfield Beach, and Lighthouse
Point; and
WHEREAS, the proposal from GSG lays out a comprehensive and focused plan to ensure
the City maximizes its use of ARPA funds to have the biggest impact on the City's residents,
businesses, local economy, and public infrastructure; and
WHEREAS, the proposal includes services to be provided from the date of execution of
an agreement through March 2025, and the proposed total cost is Four Hundred Sixty Four
Thousand Seven Hundred Sixty Dollars ($464,760.00), which is fully recoverable; and
WHEREAS, the Finance Department recommends awarding a contract to GSG under the
State of Florida term contract for management consulting services as it will ensure that the City
not only complies with best practices for procurement, but also partners with a competent, State -
qualified firm which will effectively administer and facilitate execution of the ARPA award;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are true and correct, and they are made a
part of and are incorporated into this Resolution by this reference.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That the provision of ARPA consulting services are awarded to GSG and
the City Administration is authorized to execute the necessary documents.
Section 4. That the total proposed cost of management consulting services is Four
Hundred Sixty Four Thousand Seven Hundred Sixty Dollars ($464,760.00), which cost is fully
recoverable under the City's $16.16 million ARPA award; it is based on a proposed work plan,
and the hourly rate for services for varied professional levels, as set forth in the State Term Contract
and the proposal from GSG, which proposal is made a part of and incorporated by this reference
into this Resolution as "Exhibit A".
2 RESOLUTION #2021-176
Section 5.
and adoption.
That this Resolution shall be in force and take immediately upon its passage
PASSED AND ADOPTED on November 9, 2021.
ATTEST: NA HN
THOMAS SCHNEIDER, CMC
CITY CLERK.
APPROVED AS TO FROM AND CORRECTNESS:
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1(
THOMA J. S R
CITY ATTORtIE
3 RESOLUTION #2021-176
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into this day of
, 2021, by and between the City of Dania Beach (the "City"), and Government Services
Group, Inc. ("GSG"), a Florida corporation.
WITNESSETH
WHEREAS, GSG is well qualified and experienced in assisting local government with the development
and implementation of services related to the American Rescue Plan (ARP) and have agreed to make themselves
available to provide professional services to assist the City in preparing and implementing its ARP plan; and
WHEREAS, GSG shall furnish specialized professional services directly to City staff;
NOW, THEREFORE, in consideration of the work to be performed and the payment for the performance
of the work, and of the mutual covenants contained herein and the mutual benefits to flow each unto the other,
and for other good and valuable consideration, the Parties agree as follows:
TERMS
1. Recitals.
The recitals and all statements contained herein are hereby incorporated into and made part of this Agreement.
2. Services to be Performed by GSG.
GSG shall, in conjunction with the general direction of the office of the Finance Director, City Attorney or their
representative designees, provide the professional services described in the Scope of Services attached and
incorporated by reference into this Agreement as Appendix A in order to assist the City in the development of the
ARP Project.
3. Term of the Agreement and Time Requirements.
This Agreement shall become effective upon the signature by the duly authorized representative of the City and
GSG for the Fiscal Year 2022-ARP Project and shall remain in effect for the completion of the City's ARP related
services, or until completion of the program on December 31, 2024, whichever date is later. GSG shall promptly
begin and diligently provide the professional services contemplated in this Agreement in accordance with the
project objectives. Accordingly, time is of the essence of this Agreement. The agreement may be extended for
two (2) year as mutually agreed upon by both parties.
4. Schedule of Fees.
For services to be provided hereunder by GSG, GSG shall work based on a "not to exceed" fee estimate and is
based on the level of effort required to implement the services requested by the City as described in the Scope of
Services in Appendix A. Except as noted below, this fee estimate includes reimbursement for all out-of-pocket
expenses.
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The fee for professional services for Phase One includes two (2) on -site visits by GSG staff to the City. For Phase
Two, and for any meetings in Phase One exceeding two meetings, any on -site meetings may be arranged at the
hourly rates provided below. All expenses related to additional meetings will be billed in accordance with Section
112.061, Florida Statutes. If necessary, in lieu of on -site visits, periodic telephone conference calls or "WebEx"
type meetings may be scheduled to discuss project status.
The hourly rates for GSG are as follows:
GOVERNMENT SERVICES GROUP, INC.
Principal......................................................................................... $250
SeniorConsultant........................................................................... $185
Consultant...................................................................................... $150
JuniorConsultant............................................................................ $115
The City is responsible for any and all social media posting, technology enhancements or hosting fees, newspaper
publications, including, but not limited to, making arrangements for publications and any costs associated
therewith.
5. Cooperation of the City.
It shall be the obligation of the City to timely provide GSG with all reasonably required information, data and
records necessary to complete the ARP Project.
The scope of services contemplated herein contemplates that the City will timely provide the necessary budget
background information or data required to develop the ARP Project, timely provide staff to conduct internal
follow-up and provide swift policy direction regarding various components of the ARP Project.
6. Documents.
All documents, electronic media, and other data developed by GSG in connection with the ARP Project shall be
reproduced and made available to the City by GSG at any time upon request of the City. When any work
contemplated under this Agreement is completed or for any reason is terminated prior to completion, all of the
above data shall be timely reproduced and delivered to the City upon written request.
7. Termination.
The City reserves the right to terminate this Agreement at any time and for any reason, by written notice. In the
event of termination prior to the completion of the ARP Project provided for by this Agreement, such termination
shall in no way prejudice the payments due to GSG for services rendered, provided that the termination is not due
to a default on the part of GSG. The City, at its sole option, may decide not to move forward at any time, The
City shall solely be responsible for the professional fees and expenses actually incurred through the date GSG is
notified of termination then being due and payable.
8. Default Provision.
In the event that GSG shall fail to comply with each and every term and condition of this Agreement, or fail to
perform any of the terms and conditions contained herein, then, the City, in addition to all other remedies available
by law, at its sole option, and upon thirty (30) days prior written notice to GSG, may cancel and terminate this
Agreement.
9. Conflict of Interest.
GSG covenants that no person under their employ who presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial interest, direct or indirect, with the City. GSG
covenants that, in the performance of this Agreement, no person having such conflicting interests shall be
employed. Any such interests on the part of GSG or its employees must be disclosed in writing to the City. Also,
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GSG is aware of the conflict of interest laws of the State of Florida, and agrees that it shall fully comply in all
respects with the terms of said laws.
10. Award of Agreement.
GSG warrants that it has neither employed nor retained any company or person to solicit or secure this Agreement,
that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or
gifts or any other consideration contingent upon or resulting from the award or making of this Agreement.
GSG also warrants that to the best of its knowledge and belief no office holder or employee of the City is interested
directly or indirectly in the profits or emoluments of this Agreement.
11. Entire Agreement.
This Agreement represents the entire and integrated agreement between the City and GSG and supersedes all
prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only
by written instrument executed by the City and GSG. The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and case law of the State of Florida, and the parties stipulate
venue shall be in Broward County, Florida.
12. Successors and Assigns.
This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal
representatives, successors and assigns.
13. Insurance.
GSG shall maintain during the terms of this Agreement professional liability insurance in a minimum amount of
$1,000,000 covering all liability arising out of the terms of this Agreement, and add the City as an additional
insured.
GSG agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and
local laws and regulations now in effect, or hereinafter enacted during the term of the agreement that are applicable
to GSG, its employees, agents, or subcontractors, if any, with respect to the work and services described in this
AGREEMENT. GSG shall obtain at GSG's expense all necessary insurance in such form and amount as required
by this Proposal or by the City's Risk Manager before beginning work under the Agreement. GSG shall maintain
such insurance in full force and effect during the life of the Agreement. GSG shall provide to the City's Risk
Manager current certificates of all insurance required under this section prior to beginning any work under the
Agreement. GSG shall indemnify and save the City harmless from any damage resulting to it for failure of a
GSG to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the GSG agrees to maintain
during the term of this contract:
The Contractor (the term "Contractor" refers to the successful GSG in this AGREEMENT) shall not commence
Work under the Agreement until Contractor has obtained all insurance required in this AGREEMENT, and not
until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow
any employee of Contractor or any Subcontractor to commence Work on any subcontract until the subcontractor
and all Coverages required of any subcontractor have been obtained and approved in writing by the Risk Manager
of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self -insured
retentions.
The following are requirements that must be met regarding the GSG's delivery of Certificates of Insurance
for all coverages required in the Agreement:
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"Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on
or attached to the Official certificates.
All Certificates of Insurance must clearly identify the agreement to which they pertain, including a brief
description of the subject matter of the agreement. The certificates shall contain a provision that coverage
afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given
to City. If this coverage is not provided, then Contractor is responsible for such notice to City. Insurance policies
for required coverages shall be issued by companies authorized to do business under the laws of the State of
Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S
KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall
drop, the insurance carrier shall immediately notify the City in writing.
Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including
any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the
City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse
during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor
shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate
of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any
extension of it, and including any applicable warranty period, is in effect.
THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE
WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE
AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE
NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONTRACTOR DELAY.
The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to
provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing
the insurance limits on each of the policies. The City must approve any changes to these specifications and has
the right to review and amend coverage requirements. The Contractor shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements. Contractor shall be responsible for any
deductible amounts.
Comprehensive General Or Commercial Liability Insurance is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits
of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00)
annual aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office.
Special Provisions As To General Liability Insurance: (to be confirmed on or attached to the Official
Certificate of Insurance)
* Annual Aggregate shall apply "Per Job";
• "The City of Dania Beach, Florida" is added as a named "Additional Insured";
• Additional Insured status is included for Products completed operations coverage for a period of
no less than five (5) years following the completion of the Work;
• Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form
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CG 2037 (07 04);
• Contractor's insurance shall be primary and non-contributory;
• Waiver of Subrogation in favor of the City;
• 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and
• Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
Workers' Compensation Insurance shall be maintained by Contractor and any subcontractors during the life of
the Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of
Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers'
Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its
employees, and Subcontractors. In the case any work is sublet as otherwise addressed in the Agreement or
Proposal Documents, the Contractor shall require any Subcontractors similarly to provide Workers'
Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor,
by furnishing statutory limits Part A, and no less than $100,0001$100,0001$500,000 Employers' Liability limits
Part B.
• In no event shall the Contractor be permitted to utilize in the prosecution of the work, the
following: i) any employee, subcontractor or subcontractor employee who is exempted or purported to
be exempt from workers' compensation insurance coverage; or ii) any employee, subcontractor or
subcontractor employees who will be covered by an employee leasing arrangement.
• Special Provisions As To Workers' Compensation Insurance: (to be confirmed on or attached to
the Official Certificate of Insurance)
• 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification) including on professional liability insurance; and
• Waiver of Subrogation.
• Business Automobile Liability Insurance shall be maintained, per occurrence with combined
single limits for Bodily Injury Liability and Property Damage Liability of no less than One Million Dollars
($1,000,000.00), to include coverage for owned, hired, and non -owned vehicles. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office.
• Special Provisions As To Automobile Liability Insurance: (to be confirmed on or attached to the
Official Certificate of Insurance)
• "The City of Dania Beach" is added as a named "Additional Insured";
• 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,
then Contractor has responsibility for notification); and Waiver of Subrogation.
• Subcontractor Insurance. Contractor is advised to require all of its subcontractors to provide the
aforementioned coverage as well as any other coverages that the Contractor may consider necessary, and
any deficiency in the coverages or policy limits of any subcontractors will be the sole responsibility of the
Contractor.
14. Nondiscrimination in Employment.
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GSG shall not discriminate against any employee or applicant for employment because of race, color, religion,
sex, age, national origin, handicap or marital status. GSG shall take affirmative action to ensure that applicants
are employed, without regard to their race, color, religion, sex, age, national origin, handicap 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. GSG agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by its personnel officer setting forth the provisions of this
equal opportunity clause.
15. Independent Contractor.
GSG and its employees and agents and any sub -consultants and their employees and agents, shall be deemed to
be independent contractors and, not agents or employees of the City; and shall not attain any rights or benefits
generally afforded classified or unclassified employees; further they shall not be deemed to be entitled to Florida
Workers' Compensation benefits as employees of the City.
16. Non-Delegability.
It is understood and agreed that the obligations undertaken by GSG pursuant to this Agreement shall not be
delegated or assigned to any other person or firm without the City's prior written consent, which may be withheld
at City's sole discretion.
17. Best Efforts.
GSG covenants and agrees to use its best efforts to assist in accomplishing the City's objectives. Because the state
of the law is always subject to change, GSG cannot provide any indemnification or guarantee relative to any
challenge to the validity of the ARP program. GSG's obligation is to share their experience and provide their best
efforts providing a reasonable analysis and approach to the development of the ARP program. Errors or omissions
in the development of any deliverable will be addressed, with the permission of the City, by developing remedies
and procedures for the City within any implementation documents that are developed for or adopted by the City.
Any remedy or cure resulting from an administrative error or omission by GSG and the direct costs related thereto
shall be provided by GSG at no additional charge to the City.
18. Notices.
All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by registered mail addressed to the other party at the address
indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day
on which personally served; or, if by mail, on the fifth day after being posted (return receipt requested) or the date
of actual receipt, whichever is earlier.
CITY OF DANIA BEACH:
Thomas Schneider
City Clerk
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach FL 33004
Phone: 954-924-6800
Fax: 954-921-2604
19. Amendments.
GOVERNMENT SERVICES GROUP, INC.:
David Jahosky
Vice President
Government Services Group, Inc.
1500 Mahan Drive, Suite 250
Tallahassee, FL 32308
Phone: 850-681-3 717
Fax:850-224-7206
No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties.
20. Venue and Waiver of Jury Trial.
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Venue for any claim, action or proceeding arising out of this contract shall be Broward County, Florida. THE
PARTIES KNOWINGLY, VOLUNTARILY AND UNEQUIVOCALLY WAIVE THEIR RIGHT TO A
TRIAL BY JURY FOR ANY CLAIMS WHETHER IN CONTRACT, TORT OR STATUTE, ARISING
OUT OF OR RELATING TO THIS AGREEMENT.
21. State Law Application.
The law of the State of Florida shall be the law applied in the resolution of any action, claim or other proceeding
arising out of this contract.
22. Records.
A. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c)
and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the
Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any
documents, financial statements, papers, or other records of the Contractor which are pertinent to this
Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also
includes timely and reasonable access to the Contractor's personnel for the purpose of interview and
discussion related to such documents. For the purposes of this section, the term "Contractor" includes
employees or agents, including all subcontractors or consultants to be paid from funds provided under this
Agreement.
B. The Contractor shall maintain all records related to this Agreement for the period of time specified in the
appropriate retention schedule published by the Florida Department of State. Information regarding
retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-
management/general- records -schedules/.
C. Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of
Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all
meetings of public boards or commissions must be open to the public; (2) reasonable notice of such
meetings must be given; and (3) minutes of the meetings must be taken and promptly recorded.
D. Florida's Public Records Law provides a right of access to the records of the state and local governments
as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by Florida
Statute, all materials made or received by a governmental agency (or a private entity acting on behalf of
such an agency) in conjunction with official business which are used to perpetuate, communicate, or
formalize knowledge qualify as public records subject to public inspection.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Thomas Schneider, City
Clerk and Custodian of Public Records, tschneider(a�daniabeachfl.g_ov 954-924-6800 ext. 3624, 100 W Dania
Beach Blvd, Dania Beach FL 33004.
23. Lobbying Prohibition.
A. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities.
B. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract
prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a
state agency."
C. No funds or other resources received from the Division under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state
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agency.
D. The Contractor certifies the following:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to
anyperson 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 the awarding of any Federal contract, the making of any Federal grant,
the making ofany 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.
ii. 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 thisFederal contract, grant, loan or cooperative agreement, the Contractor must
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Contractor must require that this certification be included in the award documents for all
subawards(including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all Contractors shall certify and disclose.
iv. 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
orentering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails tofile 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.
24. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any
other documents, the terms in this Agreement shall rule.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach
of the same or any other provision hereof, and no waiver shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by
a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the
State of Florida or City of Dania Beach, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to
conform with such laws, then same shall be deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and in full force and effect.
25. Public Records Act.
The parties acknowledge and agree to fulfill all obligations respecting required contract provisions in any contract
entered into or amended after July 1, 2016, in full compliance pursuant to Section 119.0701, Florida Statutes,
and obligations respecting termination of a contract for failure to provide public access to public records. The
parties expressly agree specifically that the contracting parties hereto shall comply with the requirements within
Appendix "B" attached hereto and incorporated by reference.
26. Required Contractual Provisions.
A. COPELAND ANTI -KICKBACK ACT
The Contractor hereby agrees that, unless exempt under Federal law, it will incorporate or cause
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to be incorporated into any contract for construction work, or modification thereof, the following
clause:
"Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference into this
contract. "
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause in
subsection b(i) above and such other clauses as the Secretary may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Contractor, with the funds authorized by this Agreement, enters into a contract that exceeds
$100,000 and involves the employment of mechanics or laborers, then any such contract must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work
in excess of the standard workweek is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required
towork in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available
on the openmarket, or contracts for transportation.
C. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Contractor, with the funds authorized by this Agreement, enters into a contract that exceeds
$150,000, then any such contract must include the following provision:
"Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251- 1387), and will report violations to FEMA and the Regional Office of the Environmental
Protection Agency (EPA)."
D. SUSPENSION AND DEBARMENT
If the Contractor, with the funds authorized by this Agreement, enters into a contract, then any such
contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As
such the contractor is required to verify that neither the contractor, its principals (defined at 2
CFR § 180.995), nor its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR
§ 180.940) or disqualified (defined at 2 CFR § 180.935).
ii. The contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered
f00465739.11547-99020611
Government Services Group, Inc. 1 9
transaction into which it enters.
iii. This certification is a material representation of fact relied upon by the Division. If it is later
determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt.
3000, subpart C, in addition to remedies available to the Division, the Federal Government
may pursue available remedies, including, but not limited to, suspension and/or debarment.
iv. The bidder or GSG agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2
CFR 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 GSG further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
E. BYRD ANTI -LOBBYING AMENDMENT
If the Contractor enters into a contract using funds authorized by this Agreement, then any such contract must
include the following clause:
"Byrd Anti -Lobbying Amendment, 31 USC § 1352 (as amended). 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."
27. Attachments. The parties agree to, and incorporate as though set forth fully herein, the following
exhibits and attachments:
Appendix A. GSG's Response to American Rescue Plan Act Implementation, AGREEMENT-PM-232-2021
Appendix B. Certification Regarding Lobbying
Appendix C. Certification Pursuant to Florida Statute 287.135
Appendix D. E-Verify Form under Section 448.095, Florida Statutes
400465739.11547.99020611
Government Services Group, Inc. 1 10
IN WITNESS WHEREOF, the parties to this Agreement have, through their proper and duly authorized
officials, executed this Agreement, on , day of , 2021.
GOVERNMENT SERVICES GROUP, INC.
M.
ATTEST:
David G. Jahosky, Vice President
CITY OF DANIA BEACH
Bv:
Tamara James, Mayor
ATTEST:
Office of the City Clerk
Approved as to Form
City Attorney
100465739 11547.99020611
(SEAL)
Government Services Group, Inc. 1 11
Appendix A
GSG' S RESPONSE TO
AMERICAN RESCUE PLAN ACT IMPLEMENTATION
AGREEMENT-PM-232-2021
(00465739.11547-9902061)
Appendix B
CERTIFICATION REGARDING LOBBYING
Attachment B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Contractor, David G. Jahosky, Vice President for Government Services Group Inc., certifies to
the best of his 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 any 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, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all 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. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). 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, David G. Jahosky, Vice President for Government Services Group Inc., certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor
understands and agrees that the provisions of 31 U.S.C. Sec. 3801 et seq. apply to his certification and disclosure,
if any.
By: David G. Jahosky
Signature:
Title: Vice President
Date:
[004657 39 11547-9902061)
Appendix C
ATTACHMENT C
CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135
I, , on behalf of
Print Name and Title
Certify that
Company Name
1. Participate in a boycott of Israel; and
does not:
Company Name
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in
writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of
false certification was made in error. If the Consultant does not demonstrate that the City's determination of false
certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Florida Statute 287.135.
Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services
in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or
is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services over $1,000,000.00
that are on either the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created
pursuant to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above
in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the
Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that
pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to
civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a false certification
or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
Company Name
Signature
Print Name
Title
f00465739.11547-9902061)
Appendix D
ATTACHMENT D
E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES
Project Name: MANAGEMENT CONSULTING SERVICES FOR THE AMERICAN RESCUE PLAN ACT
Project No.:
1. Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public
employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or consultant.
"Subcontractor " means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration.
"E-Verify system" means an Internet -based system operated by the United States Department of Homeland
Security that allows participating employers to electronically verify the employment eligibility of newly hired
employees.
2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify
the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of:
All persons employed by a Contractor to perform employment duties within Florida during the term of the
contract; and
All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work
pursuant to the contract with the City of Dania Beach. The Contractor acknowledges and agrees that registration
and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the City of Dania Beach; and
Should vendor become the successful Contractor awarded for the above -named project, by entering into the
contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,"
as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration
of the contract.
2. Contract Termination
a)If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s.
448.09 (1) Fla. Stat., the contract shall be terminated.
b)If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor
otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor
to immediately terminate the contract with the subcontractor.
[00465739.11547-99020611
c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as
such.
d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar
days after the date of termination.
e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded
a public contract for a period of 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title
Date:
Phone:
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization,
this day of 2021, by
. He/she is personally known to me or has produced
identification.
NOTARY PUBLIC
(Name of Notary Typed, Printed or Stamped)
on behalf of
as
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