Procurement Division

PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

DEBRIS MANAGEMENT SERVICES

DATE OF ISSUE: NOVEMBER 17, 2025 BID NUMBER: RFP-25-0071

Proposals must be received online at Bonfire no later than:

January 5, 2026 at 10:00 AM (CST)

Questions concerning this RFP shall be directed to Bonfire no later than:

December 29, 2026 at 3:00 PM (CST) Questions will be addressed via addendum on to Bonfire.

https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/

City of Olathe Debris Management Services

RFP-25-0071

1. INTENT

It is the intention of the City of Olathe, Kansas to establish a contract with contractor(s) for Debris Management Services for our Public Works Department through Requests for Proposals (RFP). Contractors will need to haul collected debris to the City of Olathe Compost Facility at 1100 Hedge Ln, Olathe, KS for disposal. Awarded contractor(s) shall perform covered services under the terms of this agreement. Services may be awarded to multiple vendors and will be on an as-needed-basis.

The service provider shall be ready, willing and able to perform non-emergency and emergency environmental response services.

The successful contractor shall provide all labor, materials and equipment required to complete the work. Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract. Contractor will be required to be familiar with applicable Federal, State, County, and Municipal laws, regulations, statutes, ordinances, executive orders, and directives including, but not limited to, the following: Federal Emergency Management Agency (FEMA), U.S.

Environmental Protection Agency (USEPA), Resource Conservation and Recovery Act (RCRA), and Occupational Safety and Health Administration (OSHA).

2. QUALIFYING CONDITIONS OF RESPONDING FIRMS

Interested firms shall provide at a minimum the following information and demonstrated abilities:

A. The local office within a one-hundred-mile radius shall be staffed by competent company representatives who can be contacted Monday through Friday 8:00AM to 5:00PM and who are authorized to discuss matters pertaining to the contract.

B. Respondents must have a dedicated line for a facsimile machine and/or email address available twenty-four

(24) hours a day to expedite quotes for emergency orders.

C. Must have at least two (2) year’s experience in Debris Management Services.

D. Respondent must have all current, necessary licenses to perform all the work described in the RFP (if applicable).

E. All vehicles belonging to Respondent or their subcontractors must be in compliance with all applicable Federal, State, and local rules and regulations.

F. Respondents must have fully qualified, trained and licensed staff performing the duties described in the RFP.

G. Respondents must be in good standing (not debarred or suspended) with the Federal government. See the

SAM’s list website to determine your eligibility.

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

3. MINIMUM PERSONNEL & EQUIPMENT REQUIRED

Emergency Equipment A. Three (3) man crew for emergency services.

B. One (1) grapple truck with: minimum 40 cubic yard box for emergency services.

C. One (1) bucket truck with minimum of 60-foot vertical reach, over-cab work platform, minimum 10 cubic yard chipper box, equipped with hydraulic connection for ground, over-cab work platform, and bucket work.

D. One (1) stump grinder with minimum 65hp with the capability to cut stumps from 18” above ground to 24” below and minimum sweep of 55” grinder after forty (40) hours’ notice.

E. One (1) brush chipper with minimum 80hp rated @ 2600 RPM and capability for material at least 12” diameter.

F. Minimum four (4) chain saws with 18” bar and minimum two (2) with 36” bar.

G. Minimum two (2), 48” square “Men Working” signs and minimum twenty (20), 48” tall orange traffic cones.

Note: Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment.

Non-Emergency Equipment

H. One (1) man crew for non-emergency services.

I. One (1) grapple truck with: minimum of 15-foot vertical reach, 20 cubic yard box, equipped with hydraulic connection for ground, for non-emergency services.

https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf

*NOTE: Alternative/additional options in your proposals will be accepted.

8. DESCRIPTION OF SERVICES

The Contractor must perform all necessary services in connection with environmental response service requests by the City, outlined as follows:

A. Scope of Work. Work involved in this contract consists of furnishing all labor, material, equipment and performing all work in strict accordance with the specifications and instructions of the City of Olathe Solids Waste Manger, or designee.

a. This contract involves all aspects of debris removal (i.e. general debris removal, vegetative debris removal, tree pruning, clearing and trimming of shrubs, stump grinding, etc.). These tasks will be performed within the limits of the City of Olathe’s maintained rights-of-ways. These right-of-ways are generally, but not limited to, highly congested urban roadways. In addition, trees and /or other debris may be located on waterway right-of-ways or drainage maintenance easements maintained by the City.

b. The Public Works representative will instruct the awarded Contractor(s) on the location and duties to be performed, as well as the method to be used. If unforeseen emergencies occur, the Contractor(s) shall be available to respond and provide services within four (4) hours.

c. The City will prepare a work order including general instructions and specifications for debris removal. On each work order given to the Contractor(s), a route will be mutually agreed upon between the Solids Waste Manager, or designee, and the Contractor to establish a sequence of jobs, as well as to facilitate inspection and monitoring of hours of the work being performed.

d. While work is in process, the Contractor shall communicate with the Solids Waste Manager, or designee prior to 8:30AM in order to:

i. Report locations where work is being performed;

ii. Report status of work being performed, including jobs terminated;

iii. Make a projection of next day’s work;

iv. Request guidance on any special problem and/or;

v. Receive special instructions.

e. The Contractor shall ensure that any personnel deployed to the City of Olathe under this contract maintain high standards for conduct and customer service. Such standards include serving the community with respect and integrity.

f. The City may issue a stop order by telephone on any site and at any time and follow up in written form within twenty-four (24) hours of the call. Daily reports from the Contractors on jobs terminated should include date(s) worked as well as time actually worked at the site.

g. While certain sites are accessible to equipment for vegetative and general debris removal operations, other sites will require crossing of private property (contingent upon owner’s previous approval of crossing operations). In addition, there may also be sites, where vehicular access will be impossible.

h. The Contractor will arrange for access into drainage easements, or on private property, where necessary, prior to proceeding with the work.

i. All Respondents meeting qualifying conditions and minimum equipment requirements will be placed in a “pool”, and from time to time will be requested for a “lump sum quote” for each specific job. The quotes shall be submitted to the requesting City Departments within forty-eight (48) hours, unless otherwise specified on the quote form.

B. Removal & Disposal. It will be the Contractor’s responsibility to remove and dispose, in a legal manner, all debris prior to leaving the work site. Limbs and any other debris shall be disposed of by the Contractor and not left for disposal by City trash units. Cost of time spent hauling shall be incorporated into the hourly rate or lump-sum quote and shall not be paid for separately from time worked at the site. Contractors shall haul collected debris to the City of Olathe Compost Facility at 1100 Hedge Ln, Olathe, KS for disposal or other designated location.

Tipping fees at final disposal site(s) will be the responsibility of Contractor unless approved otherwise.

Should there be other disposal sites identified outside of the City of Olathe for the Contractor to haul collected debris, additional mileage will begin and be measured from the City of Olathe boundary closest to the disposal site. The approved per load additional mileage cost will be applied to each ticketed out of City of Olathe load and be applicable only to the miles beyond the City of Olathe boundary. Mileage is based on a one-way haul distance.

Where trees or shrubbery are to be removed, they shall be cut as low as possible (approximately six (6) inches from the ground) and then ground at least six (6) inches below the existing ground, unless otherwise specified, and cavity backfilled (with suitable material) and leveled to match surrounding ground.

To minimize the use of landfill space, it will be required to reduce the volume of vegetative debris by mulching or grinding as much as possible.

The City does perform their own stump grinding. In the case in which the City would perform this work themselves in a non-emergency situation, the City would require the contractor to provide a description species of tree, location, and approximate size of the tree. The Contractor would still be required to cut the tree to approximately six (6) inches from the ground.

C. Clean up. All unusable materials and debris shall be removed from the premises at the end of each workday and disposed of in an appropriate manner. Upon completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department’s project manager.

D. Deficiencies in work. The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status.

All corrections shall be made within two (2) calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the City’s project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the City may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within three (3) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the City shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs; either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the City may terminate the contract for default.

E. Repair of damages. The Contractor shall promptly repair any damages caused by the operations to any improvements on site or adjacent to it. Such repair or restoration shall be performed at the Contractor’s expense and to the satisfaction of the City’s inspector prior to final acceptance.

F. Project signs. The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crest, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall use proper signage equipment and for personnel that clearly and distinctly identify the company to whom the personnel work for and to where the equipment belongs.

G. Utilities. It will be the Contractor’s responsibility to exercise all caution near any utility area. The City will not be responsible for any damage done to any utility by the Contractor.

H. Limitations of operation. No work shall be done on Sunday or between the hours of 6:00 PM and 7:00 AM except when such work is necessary for the proper care and protection of the work already performed, and when permission to do such work is secured from the City’s Department representative. No overtime work shall be started without prior approval of the immediate project manager or their designee.

I. Superintendent shall be supplied by contractor. The successful Respondent shall employ a competent superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall be the primary representative for the Contractor and all communications given to and all decision made by the superintendent shall be binding to the Contractor. Notwithstanding, the superintendent shall be considered to be, at all times, an employee of the Contractor under its sole direction and not an employee or agent of the City of Olathe.

J. Toxic substances/Federal “Right to Know” Regulations. The Federal “Right to Know” Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace.

Accordingly, the Contractor(s) performing under this contract shall be required to provide two (2) complete sets of Material Safety Data Sheets to each User Department utilizing the awarded products. This information should be provided at the time when the initial delivery is made, on department by department basis.

K. Inspections. When each work order is completed, the Contractor shall request an inspection by returning the work order to the requesting City Department project manager.

9. SERVICE RESPONSE TIME

Request for service shall be made on an as needed basis. All work is to be completed at the site requested by the department. The contractor will be required to respond to a department request within four (4) hours to determine what needs to be done and if it is an emergency situation, as determined by the City. Contractor shall complete any and all listed "maintenance" work within five (5) business days after notification by the City. The contractor must be available to accomplish work within four (4) hours if it is determined the request is an emergency. Contractor shall provide a twenty-four (24) hour call answering service. All work must be completed within an appropriate amount of time agreed upon by the City and the contractor.

10. SERVICE HOUR DEFINITIONS:

REGULAR HOURS - work performed between 8:00 AM to 5:00 PM, Monday through Friday, excluding City Holidays

AFTER HOURS SERVICE - work performed after 5:00 PM and before 8:00 AM the next morning during the week

WEEKENDS & HOLIDAYS - work performed during Saturday, Sunday or during any City holiday.

State hour(s) service is available during regular hours: am to pm, days per week

State hour(s) emergency service available: am to pm, days per week

Emergency after hours contact: Phone:

2nd contact: Phone:

11. ALL RESPONDENTS MUST COMPLY WITH THE FOLLOWING:

A. ALL questions must be addressed in your proposal, in the order in which they are stated in this RFP.

B. The City reserves the right to modify or cancel these specifications after issuance. Any changes will be addressed in an addendum sent to all prospective respondents and posted on Bonfire.

C. Proposals must be submitted electronically via Bonfire. Faxed or mailed responses will be deemed non-responsive and rejected.

D. The City will not be responsible for any expenses incurred in preparing and submitting your proposal, presentation or any other deliverables in association with this RFP.

E. Respondents requested for presentation will be expected to make travel arrangements and present in person.

All expenses incurred as a result of the presentation are the responsibility of the respondents.

12. SCHEDULE

The tentative schedule for this process is listed below. All times are listed as Central Standard Time and are subject to change as necessary to allow for proper receipt and evaluation of proposals.

• Distribution of RFP November 17, 2025

• Questions to City by December 29, 2025 at 3:00 PM CST

• Proposals due to City January 5, 2026 at 10:00 AM CST

• Conduct Interviews/demo of online services (if required) January 2026

• City Council approval requested February 2026

13. PROPOSAL CONTENT

In order to provide the evaluation team with consistent information on which to make an evaluation, organize your proposal as follows:

A. Cover Letter: provide name of Company, address, and a brief description of Company’s history.

B. General information about your firm, including organizational chart and proposed management techniques to be used.

C. Equipment listing: provide a list of your FEMA and non-FEMA typed equipment. Please clearly state which items are FEMA typed.

D. All forms contained within this Request for Proposal package completed and signed where necessary.

E. Requirements. Responses to all requirements of the Minimum Equipment and Description of Services.

F. Outline of specialized experience in this type of work, including the number of years your firm has been engaged in providing these services.

G. Key personnel in your firm who will be responsible for managing this contract.

H. Exceptions & Addenda

a. Any exceptions to the RFP must be clearly indicated in your proposal. Failure to do so will result in the assumption of compliance in specifications and requirements as stated.

b. Alternative options for the non-emergency scenarios will be accepted. Please state clearly what your alternative proposed solutions are.

c. Indications of the receipt of all addenda must be included with your proposal.

I. Fee Proposal

a. Complete the Fee Schedule Form (Attachment B).

J. Additional information your firm wishes the City to consider in the evaluation of your proposal.

14. EVALUATION CRITERIA

The proposals received will be reviewed by an evaluation team comprised of City personnel, using the following criteria.

Proposals that do not meet the minimum requirements specified may be rejected.

Evaluation Criteria Point Value

A. Qualifications and Experience of the Company: Does the proposed fleet meet the needs of the program? Respondent’s reputation in the marketplace, reputation of services in the marketplace, experience and qualification of key employees, prior experience working with the government sector.

Maximum 35 points

B. Performance Capability – Respondent’s conformance to expectations outlined in the

RFP

Maximum 30 points

C. Schedule: State hours and days operation. Holidays that differ from those stated in the proposal. State number of trained and licensed staff on the active schedule. Explain how scheduling works and the process once a request is received for Debris Management Services.

Maximum 20 points

D. Fee Schedule Maximum 15 points

After evaluating the proposals submitted, the City may request additional information. At its discretion, the City may require any respondent to make an oral presentation of their proposal.

The City will evaluate the proposals and will select the respondent which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final.

The City reserves the right to negotiate any and all elements of this proposal, including but not limited to the fee structure and terms of the contract, with the firm selected.

15. INQUIRIES

Questions or requests for information regarding this Request for Proposals must be submitted on Bonfire, The deadline for receipt of questions from bidders is 3:00 PM CST on December 29, 2025. No further questions or clarifications will be provided after that date. Answers to all questions will be posted on the Public Purchase website, Bonfire.

No communication regarding this RFP should be directed to any other City official or employee. All queries will be responded to in the form of written addenda and posted on Bonfire. Any attempt at contact with City officials or employees about this RFP will result in your bid being considered non-responsive.

Bidders shall include confirmation of the receipt of any addenda with their bids. Failure to do so could result in your bid being deemed non-responsive.

16. PROPOSAL SUBMISSION AND WITHDRAWL

Proposals must be submitted to Bonfire no later than January 5, 2026 at 10:00 AM CST.

Respondents may withdraw their proposals by notifying the City in writing at any time prior to the submission deadline.

After the deadline, proposals shall become a record of the City and will not be returned to respondents.

Respondents shall be aware that after opening and during the evaluation process, the proposals submitted remain confidential. Once a decision to award is made, all proposals are subject to public disclosure consistent with Kansas law.

Respondents must invoke the exemptions to disclosure provided by law and must clearly identify in the proposal the data or other materials to be protected and state both the reasons why such exemption from public disclosure is necessary and the legal basis for such exemption. All other contents of the submitted proposals become public record.

Respondents are prohibited from assigning, transferring, conveying, subcontracting or otherwise disposing of this proposal or any resultant agreement or its rights, title or interest therein, or its power to execute such agreement to any other person, agent, broker, company or corporation without the expressed written consent of the City.

17. DISCUSSIONS AND RIGHT TO REJECT PROPOSALS

The City of Olathe may award a contract on the basis of proposals submitted, without discussions, or may negotiate further with those contractors within a competitive range. Proposals should be submitted on the most favorable terms the vendor can provide.

It should be further noted that the proposals, during the evaluation processes, will be proprietary working documents and as such are not subject to public opening or inspection. Once an official recommendation for award has been made and forwarded to the Olathe City Council for approval, all information associated with the proposals, including pricing, become available as public records.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City further reserves the right to negotiate any and all terms of the proposal.

18. EXCEPTIONS/ADDITIONS

All exceptions taken to any of the stated requirements of this RFP must be clearly indicated in your proposal. Failure to do so note will result in the assumption of compliance with the requirements as stated.

19. DEVELOPMENT COSTS

Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFP. Respondents are encouraged to prepare their proposals simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFP.

20. NO COLLUSION

By submitting a proposal in response to this RFP and completing the Affidavit, the Respondent certifies the Respondent has not divulged to, discussed or compared the proposal with other Respondents and has not colluded with any other Respondents or competitive parties. Also, Respondent certifies, and in the case of a joint competitive proposal each party thereto certifies as to its own organization, that in connection with the competitive proposal:

A. All prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices and/or cost data with any other Respondent or with any competitor.

B. No prices and/or cost data quoted in the proposal has been knowingly disclosed by the Respondent, and will not knowingly be disclosed by the Respondent, to any competitor prior to the scheduled opening.

C. No attempt has been made or will be made by the Respondent to induce any other person or company to submit or not to submit a competitive proposal.

D. The only person(s) or principal(s) interested in the proposal is/are named therein, and no person other than those named has/have any interest in the proposal or in the agreement to be entered into.

E. No person or agency has been employed or retained to solicit or secure the agreement for a commission, percentage, brokerage, or contingent fee, with the exception of bona fide employees or established commercial agencies maintained by the respondent for the purpose of doing business.

21. CONTRACT AWARD(S)

The City anticipates entering into a contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City further reserves the right to negotiate any and all terms of the proposal.

Multiple awards may be made to ensure adequate coverage for the requirements of this RFP.

22. CONTRACT TERM

The initial term of this contract will be for three (3) years from date of award with annual review. The City reserves the right to extend the contract under the same terms and conditions for two (2) additional one-year periods. The City reserves the right to reject any proposal indicating excessive minimum order requirements.

23. APPROPRIATIONS CLAUSE

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by its legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by its Procurement Division or other appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

24. INDEMNIFICATION/HOLD HARMLESS AGREEMENT

Respondent shall, in addition to any other obligation to indemnify the City of Olathe and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Olathe, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses) and costs arising out of any actual or alleged

(a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting there from, or any other damage or loss arising out of or resulting in whole or in part from any actual or alleged act or omission of the Respondent, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (b) violation of law, statute, ordinance, governmental administrative order, rule regulation, or infringement of patent rights by Respondent in the performance of the work; or (c) liens, claims or actions made by the Respondent or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar.

The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Respondent or any subcontractor under worker's compensation acts;

disability benefit acts, other employee benefit acts or any statutory bar. All expenses, including attorney's fees, incurred by the City of Olathe in enforcing this provision shall be borne by the Respondent.

Exhibit Letter

Description Return Read Only

A Vendor Response Form X

B FEMA Contract Provisions X

C State of Kansas Contract Provisions X

D Anti-Lobby Certification X

E Current Engagement Certification X

F Immigration Reform & Control Certification X

G Sexual Harassment Certification X

H Boycott of Israel Certification X

I City of Olathe Instructions, General Terms and Conditions X

J Affidavit X

K Insurance Requirements X

L Sample City of Olathe Contract X

Exhibit A

VENDOR RESPONSE FORM

Proposer Information:

Legal Name of Company: _________________________________________________________________________

Doing Business As (if different): ___________________________________________________________________

Federal Tax ID Number: __________________________________________________________________________

UEI # (Unique Entity Identifier, formerly DUNS): ______________________________________________________

Address: ______________________________________________________________________________________

City, State, Zip Code: ____________________________________________________________________________

Contract Person: _______________________________________________________________________________

Title: _________________________________________________________________________________________

Phone number: ________________________________________________________________________________

Email address: _________________________________________________________________________________

Website: ______________________________________________________________________________________

Company Structure and Experience:

Type of Legal Entity (Check one):

[ ] Corporation [ ] Limited Liability Company (LLC) [ ] Partnership [ ] Sole Proprietorship [ ] Other (Specify): ____________________________________________________

State of Formation/Incorporation: _________________________________________

Date Company Established (MM/DD/YYYY): ________________________________

Acknowledgement & Certifications:

1. Acknowledgement of Addenda: The undersigned Proposer acknowledges receipt of the following Addenda to this Request for Proposals:

Addendum No. ______ Dated: ____________ Addendum No. ______ Dated: ____________ (If no Addenda have been issued, please state "None". If more space is needed, please attach a separate sheet.)

2. General Certification: I hereby certify that the above information is true and correct to the best of my knowledge. I also certify that I hold the authority to contract with the City of Olathe and that this submission, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this Request for Proposals.

Firm Name: ____________________________________________________ Authorized Representative Name (Printed): _________________________________ Authorized Representative Signature: ______________________________________ Title: ________________________________________________________ Date: ________________________________________________________

Exhibit B

Federal Funds and Grants Required Provisions – FEMA

1. Documentation of Compliance and Eligibility, Cooperation with Audits or Reviews, Document Retention, and Other Requirements.

1. Contractor agrees that, upon City request, Contractor will document compliance with any terms and conditions set forth by the federal government (including but not limited to the Department of Treasury) related to use of ARPA funds.

2. Contractor agrees that, upon City request, Contractor will report detailed costs and provide supporting documentation to confirm eligibility for ARPA funds.

3. Contractor agrees to cooperate with any local, state, or federal review, audit, or investigation related to this Contract including but not limited to: 1) producing documents and making individuals available for interviews, and 2) allowing access by local, state, or federal agencies to audit the Contractor’s books and records related to ARPA funds.

4. Contractor hereby agrees to maintain records and financial documents related to this Contract for five (5) years after all ARPA funds used for this Contract have been expended, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit, or other inquiry involving the Contract.

2. Assurances of Compliance with Title VI of the Civil Rights Act of 1964, 31 C.F.R. Part 22 (U.S. Department of Treasury Regulations).

1. Contractor and any Subcontractor, or the successor, transferee, or assignee of Contractor or any Subcontractor, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin, 42 U.S.C. §§ 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this Contract. Title VI also provides protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. §§ 2000d et seq., as implemented by Treasury’s Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made a part of this Contract.

2. Contractor agrees to include the preceding paragraph in all subcontracts under this Contract.

3. Equal Employment Opportunity, 2 C.F.R. Part 200 Appendix II(C).

If this Contract is a Federally Assisted Construction Contract (as defined in 41 C.F.R. 60-1.3) exceeding $10,000, during the performance of this Contract, Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.

9. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

10. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and Subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee);

refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. Copeland “Anti-Kickback” Act, 2 C.F.R. Part 200 Appendix II(D).

For Construction Contracts in excess of $2,000: Contractor and Subcontractors shall comply with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145; 18 U.S.C. 874) as supplemented by Department of Labor regulations (29 C.F.R. part 3).

The Act provides that each Contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), 2 C.F.R. Part 200 Appendix II(E).

1. Employee Protections

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 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 (b)(1).

C. Withholding Process. The contractor may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;

monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

(a} Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

D. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

E. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

(1) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;

(2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

(3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

(4) Informing any other person about their rights under CWHSSA or this part.

6. Rights to Inventions Made Under a Contract or Agreement, 2 C.F.R. Part 200 Appendix II(F).

If the Federal award meets the definition of “funding agreement” under 37 C.F.R. 401.2(a) and the recipient or subrecipient 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,” the recipient or subrecipient must 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 the awarding agency.

7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), 2 C.F.R. Part 200 Appendix II(G).

For Contracts in excess of $150,000: Contractor shall 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

8. Debarment and Suspension (Executive Orders 12549 and 12689), 2 C.F.R. Part 200 Appendix II(H) and U.S.

Department of Treasury Local Fiscal Recovery Fund Award Terms and Conditions § 9(b)(iv).

Contractor hereby certifies they are not debarred, suspended or otherwise excluded from holding contracts involving federal funds, and is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp.,

p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

1. Due to its receipt of Fiscal Recovery Funds, City is a participant in a nonprocurement transaction (defined at 2 C.F.R. 180.970) that is a covered transaction pursuant to 2 C.F.R. 180.210 and 31 C.F.R. 19.210. Therefore, this Contract is a lower-Tier covered transaction for purposes of 2 C.F.R. Part 180 and 31 C.F.R.