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GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Provide Emergency Territorial and Federal Routes Roadside Clearance on the island of St. Croix, USVI This Agreement made this [aay of sn , 2014, in the-Territory of the United States Virgin Islands by:and between the Government of the. Virgin Islands Department of Property.and Procurement, on behalf of Department of Public Works (hereinafter referred to as “Government”) and SF General Maintenance Services, LLC, whose. address is: P.O. Box 1036, Christiansted; St. Croix USVI 00821 (hereinafter referred 1o.as “Contractor”, . ‘WITNESSETH: WHEREAS, the Government needs.a contractor to provide Emergency Territorial and Federal Routes Roadside Clearance on the island of St. Croix, USVI; and WHEREAS, the Contractor was-selected in. accordance with RFP-010-C-2019 (P); and WHEREAS, the Contractor.represents that itis willing and capable of providing the services in an expeditious manner and in accordance: with the specifications cited in Addendum | and I]; it is mutually agreed between the Parties as follows: Section I. That'for and.in.consideration of the prices and other terms and conditions of this Contract, the Contractor agrees to provide Emergency Territorial and Federal Routes Roadside Clearance on the island of St. Croix to the Government. The Contractor shall furnish all necessary supplies to provide the services outlined in Addendum 1 (Scope of Services), attached hereto and made a part of this Agreement. Section II. The Government in consideration of the satisfactory performance of the-services described in Addendum I, agrees to-:pay Contractor in accordance with invoices submitted and approved by Department of Public Works as set forth in Addendum 11 (Compensation) attached hereto and made a part of this Agreement. Section HE. This Contract shall commence on June 1,2019 and shall terminate:on May 31, 2020 unless. mutually extended or terminated by the Parties. No alterations or variations of the tetms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. Section IV. The Contractor agrees to provide the services: outlined in Addendum. (Scope. of Services) in accordance with the terms and conditions outlined in Addendum Hi! (General Provisions), both attached hereto and made.a part of this Agreement. ‘Section V. This Contract shall be governed by the laws of the United States: Virgin Istands:and jurisdiction shall remain in the United States Virgin-Islands, Section VL. This Contract shall be'subjéct to the availability and appropriation of funds. The Contractor shall only. perform services when directed by the Commissioner of Public Works or authorized represetitative. Section VU. This Contract constitutes the entire agreement between the parties hereto, and all prior understandings or‘communications, written or oral, with respect to the Service, which-is the subject matter of this Contract, ‘are merged herein. S24€CDPWC19(SFGMS) 1 Int IN WITNESS WHEREOPF, the parties have hereunto set their hands on the day and year first above written. This Contract is executed in an original, in the year and day mentioned in the first paragraph. WITNESSES: GOVENRMENT OF THE VIRGIN ISLANDS: “fe? bbe 0 5B Anthony ). Thomas Dpte whet Commissioner Designee Department of Property and Procurement lel) (onde Date 5| a 14 elson Cc issioner Designee Jubii Department of Public Works CONT. AOR fl, Lf 5, woh F mifiing. ) Da te (Spe naging Partner Generfl Maintenance Services, LLC (Corporate Seal if Contractor is a Corporation) S24CDPWC19 (SFGMS) Initials ADDENDUM I Territorial and Federat Roadside Clearance Scope of Work: 1. GENERAL The purpose of this contract is to provide roadside clearing assistance to the territory of the United States Virgin Islands which have. been: declared under a state of emergency or declared a disaster area by the Governor of the United States of the Virgin Islands. The Contractor shall push, pull or cut debris from roadways and right of ways. For the purposes of this-contract, the Right-Of-Way {ROW) is defined as the area within ten feet from the edge of . pavement, of the area from the edge of pavement up to.a permanent barrier:stich as retaining wall ~ whichever is less. The Contractor shall not remove any debris under this contract unless the ROW does not permit-for the stockpiling the Contractor will be directed by a Public Works Program Manager toa nearby site for temporary stockpiling of debris. 2. SERVICES The Contractor shall provide:a complete crew consisting of specified equipment, with operators, and laborers for debris clearance of roadways and the ROW. The contractor shall provide all labor and ‘materials necessary to fully operate and maintain (including fuel, oil, grease, and repair} all equipment. The crew will consist of the following: . A. One (1) dump truck, minimum 16 cubic yard capacity with operator B-1. Two (2) front-end loaders with operators, 3 — 5 cubic yard capacity; or B-2. One (1) backhoes and one (1) Excavator with loaders with operators, 1 % (min cap.)cubic yard Cc. Five (5) Laborers with chainsaws (16” minimum bar), traffic flags, and miscellaneous small tools (machetes, shovels, chains, and safety equipment) D. One (1) Pickup Truck, 1.5 ton,.with crew foreman and radio or cellular phone communication The Contractor shall provide the crew for the duration specified by DPW. All hourly equipment rates include the cost of the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, ‘and any other costs associated with the equipment and personnel. All hourly manpower rates include the cost of protective clothing, fringe benefits, hand tools, supervision, transportation and any other costs. The work shall consist of clearing roadways and the ROW of any and ail debris as directed by Department of Public Works Program Manager. The Contractor shall not move from one designated work area to another designated work area without ‘prior approval from the Department of Public Works:Program Manager. All work-shall be performed in compliance with the US Department of Transportation Manual on Uniform Traffic Contro! Devices for Street and Highways, Part Vi (Standards and Guide for Traffic Controls for Streets and Highways -Construction, Maintenance, Utility, and Incident Management Operations) (MUTCD), and in accordance with the Virgin islands.OSHA Safety Standards. The Contractor shall.ensure that all Contractor personnel ‘are capable of understanding safety concerns expressed in Part VI of MUTCD directly or through. an interpreter. All equipment used under this contract.must be in compliance with all federal and tocal rules and regulations. The Contractor must present his equipment for inspection prior to its use bythe Contractor. The Contractor shall conduct Its operations'so as not to interfere with the: disastepr@sponse. © and recovery activities of federa! and local governments or agencies, or of any public utilities $24CDPWC19 (SEGMS) 3 3. PERFORMANCE SCHEDULE The Contractor-shall commence mobilization within twelve (12) hours of designation of work areas. by the Department of Public Works Program Manager. The Contractor must be available to commence debris clearance operations immediately after an “all clear” signal is given by the Virgin Islands Territorial Emergency Management Agency or announcement by the Public Works Commissioner over the electronic media (i.e., radio). The Contractor shall work during daylight hours for twelve (12} hours per day, every day, until designation work areas are cleared. A. EQUIPMENT All trucks and other equipment must be in compliance with-all applicable federal and local rules and regulations. Prior to commencing debris removal-operations, the Contractor shall present to the Department of Public Works Program Manager all equipment for approval to use under this contract. Each truck or loader must be clearly numbered (i-e., vehicle tag number) for identification. Trucks or equipment, which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The.Contractor shall not solicit work from private citizens or others to be performed in the designated work areas are cleared. 5. REPORTING The Contractor shall submit a report.to the Commissioner of Public Works at the end of contract period with the invoice, containing, at a minimum, the following information: Contractor’s name and telephone number Map showing area of daily operations ‘Daily hours worked by each person, by position Daily hours operated for each piece of equipment identified by vehicle tag number Estimated number of miles cleared daily moO Pp 6. OTHER CONSIDERATIONS The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks, as appropriate. The safety of the Contractor’s personnel, equipment and adjacent areas are the responsibility of the Contractor. All equipment used under this contract must be In.compliance with ail federal and local rules and regulations. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. The Contractor must be duly licensed to perform the work in the United States Virgin Islands per statutory requirements. The Contractor shall be responsible for correcting any notices of violations issued as a result of the Contractor’s or any subcontractors’ actions-or operations during the performance of this contract. Corrections for any such violations shail be at no additional cost to the Government. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal and local requirements. At a minimum, one flag person should be posted at each approach to the work area. S24CDPWCI9 (SEGMS) 4 7. PAYMENT Payment for work completed will be based on verified hours worked from the operational report certified by the Contractor and approved by the Department of Public Works Program Manager. Equipment down time resulting from equipment failure , routine maintenance. and fuelling that exceeds thirty (30) minutes of work hour will be considered unacceptable work and non-payment for one half of that hour. Contractor is instructed to submit a detailed invoice at the end of the. contract period that must include, but is not fimited to, the contract number; the amount to be paid to the Contractor; the period for which services were rendered; the dates worked; the area worked, the number and title or personnel; and Operational Report covering the contact period. Sample Invoice: ABC Construction, Inc Contract: SC-0123-DPW-2000_ #123 Estate Anna’s Hope Period: 07/15/2000- 07/15/2000 ?.0. Box 987, Kingshill VI 00851 TEL: (340) 555-0123 Tax ID: 66-9999999 07/15/2000 Frederiksted Town 1. Dumptruckwithoperater 10 hours @ $15.00 § 150.00 2. Backhoe with-aperator 10 hours @ $25.00 5 250,00 3. Excavator with operator 10 hours @ $120.00 $ 1250.00 4. 5S laborers with tools. 10 hours @ $30.00 § 300.00 Joe Smith, Laborer 580-111-1111 John Smith, Laborer 580-22-1111 Jim Smith, Laborer: 580-33-1111 Jack Smith, Laborer 580-44-1111 James Smith, Laborer 580-55-1111 . 5. Foreman with pickup truck 10 hours @ $45.00 $ 450.00 Jonathan Smith, Foreman 580-66-1111 TOTAL DUE: 51,400.00 Ice rtify that the above information is-true and correct. John Smith, Sr. President Date ABC Construction, Inc. 8. INSURANCE The Constructor shall maintain.on his own Workmen’s Compensation tnsurance, Comprehensive General Liability Insurance against bodily injury with limits of $100,000.00 the cost of which shall be borne by the Contractor and maintained fully during the term of the contract. A copy of the insurance listed herein shall be filed with the Department of Property & Procurement, 274 Estate Richmond, Christiansted, St. Croix,.Us. Virgin Islands. The Contractor shalt be liable for loss or damage to property or persons; ‘however, in no case shail such negligence be presumed or inferred. S24CDPWC19 (SFGMS) 5 ADDENDUM Iil (GENERAL PROVISIONS) Federally Funded/Declared Disaster 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract; the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee: or applicant for employment because of race, color, religion, sex, or-national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that duri ing employment, employees are treated without regard to their race, color, religion, sex; or national. origin. Such action shall include, but not be. limited to the following: Employment, upgrading, demotion, ortransfer; recruitment or'recruitment advertising; layoff or termination; rates-of pay or other forms of compenisation; and selection. for training, including apprenticeship. The contractor agrees to post in conspicuous places, available. to. employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will 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 thé notice in conspicuous places: available to employees and applicants for employment. (4) 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. (5) The. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency.and the Secretary of Labor for purposes of investigation to ascertain compliance. with such rules, regulations, anid orders. (6) In the event of the Contractor's. noncompliance with the: nondiscrimination clauses of this contract or with any of the:said rules, regulations, or. orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor: may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as. may be imposed and remedies invoked as provided in Executive Order 11246 of Sepiember-24 1965, or by tule, regulation, or order of the Secretary of Labor, or as otherwise prov ided S24CDPWC19 (SFGMS) 7 Initials (7) The: Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1). through (7) in every subcontract or purchase order unless. exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,:'so that such provisions. will be binding upon each 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. 2. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may: require or involve the employment of laborers.or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours. in such workweek unless such laborer.or mechanic. receives compensation at a rate not.less than one and one-half times the basic rate of pay for'al hours. worked in excess of forty hours ini such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the: clause set. forth i in. paragraph (1) of this section.the contractor and any subcontractor responsible therefor shiall be liable for the unpaid wages. In addition, such contractor.and. subcontractor: shall be liable'to the United States (in the case of work done under contract.for the District of Columbia or a territory, to such District orto such territory), for liquidated damages. Such liquidated damages. shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, inthe sum: of $10 for each calendar day ‘on which such individual was required or permitted to work in excess of the standard workweek. of forty hours-without payment of the overtime wages required by the: clatise:set forth in paragraph (1) of this section. G) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its own action or Upon written request of an authorized representative of the Department of Labor withhold or caiise to be: withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same. ‘prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which i is held by the same prime contractor, such-sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid-wages and liquidated damages as provided in the clause.set. forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also .a clause requiring the subcontractors to include these clauses in.any lower tier subcontracts. The prime contractor shall be ‘responsible. for compliance by any subcontractor or lower tier. subcontractor with the clauses set forth in paragraphs (1) through: (4) of this section. $24CDPWC19 (SFGMS) 8 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable ‘standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 ef seq. (2) The contractor agrées to report each violation to the Department of Planning and. Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the.Government; Federal Emergency Management Agency, and the appropriate Environniental Protection Agency Regional Office. (3) The contractor agrees to include these: requirements in-each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by: FEMA. Federal Water Pollution Control. Act. ; . . (1). The contractor agrees to comply with all applicable. standards, orders or regulations issued pursuant to the Federal Water Pollution Contro! Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DPNR and: understands and.agrees that the DPNR will, in turn, report. each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract is a.covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R..pt. 3000. As.such the Contractor is required to verify that ‘none of the contractor, its principals (defined at-2 C:F.R. § 180.995), or its affiliates (defined at2.C.F.R: § 180.905).are excluded (defined at 2 C_F.R. § 180.940) or disqualified (defined at 2 C.F-R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt: 180, subpart C. and 2 C.F.R. pt. 3000, subpart C: and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.. (3) This certification is a material representation of fact relied upon by the Government. If it is later: determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.. pt. 3000, subpart C, in addition to remedies available to.the Government, the Federal Government may pursue available remedies, including but not limited to-suspension and/or debarment. (4) The bidder or proposer agrees to. comply with the requirements of 2'C.F.R. pt. 180, subpart C _and 2:C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further.agrees to include a provision requiring such. compliance in its lower tier covered transactions. $24CDPWC19. (SFGMS) 9 Initials: 5. BYRD ANTI-LOBBYING 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 Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 7. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms, associations or corporations for the acts, omissions, responsibilities, obligations and all local and federal taxes of Contractor, including but not limited to unemployment insurance, income taxes, gross receipt taxes and social security taxes for Contractor, its servants, agents or independent contractors. 8. ACCESS TO RECORDS The following access to records requirements applies to this contract: (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor whieh are directly pertinent to this contract for the purposes of making audits, examinations, transcriptions. S24CDPWC19 (SFGMS) 10 (2) The Contractor agrees to permit any of the. foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her-authorized representatives access to construction or other work sites pertaining to the. work being completed under the contract 9. DEPARTMENT OF HOMELAND SECURITY TERMS & CONDITIONS The Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of Department of Homeland Security agency officials without. specific Federal. Emergency Management pre- approval. Federal Emergency Management Agency financial assistance will be used to fund the contract only. The Contractor will comply. will ail applicable federal law, regulations, executive orders, Federal Emergency Management Agency policies, procedures, and directives. The Federal Governnient is not.a party to this contract and is not subject to any obligations or liabilities to. the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The Contractor acknowledges that 3F U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies.to the contractor’s. actions pertaining to this contract.. 10. ASSIGNMENT AND SUBCONTRACTING The Contractor shall not-subcontract or assign any: part of the services. under this Agreement without the prior written approval of the Government. The Contractor shall not subcontract any portion of. this Contract unless said. subcontracting. was included in Contractor’s proposal and accepted. by the Government. ‘Contractor shall execute written contracts with its subcontractors and. ‘incorporate all terms and conditions hereunder in said subcontracts. The Contractor shall be solely responsible for paying'each Subcontractor for services, equipment, material. or supplies. in said subcontracts. 11. INDEMNIFICATION Contractor agrees to indemnify, defend, and hold harmless the Government from and. against any and all loss, damage,. liability, claims, demands, detriments, cost, charges and experises (including attorney’s fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising. out of or in any ‘way connected to the services to be performed by Contractor under this Contract ‘and arising from any cause, except the sole negligence of Government. 12. TERMINATION The Government. shall have the right to terminate this. Contract for cause or for convenience ‘on ten (10) days. written notice tothe other party specifying the date: of termination. The Perormane of work under this. contract. may be terminated ty the Government An part, S$24CDPWC19 (SEGMS) 11 extent. to which the term-.and/or duties. under this contract are terminated and. the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten (10) day notice. 13. NOTICE Any notice required to be given by the terms of this Contract shall. be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT: Anthony D. Thomas Commissioner Designee. Department of Property and Procurement 3274 Estate Richmond St..Croix, Virgin Islands 00820 Nelson M. Petty, Jr. Commissioner Designee Department of Public Works No 8 Sub Base St. Thomas, Virgin Islands 00802 CONTRACTOR Sinclair Flemming Managing Partner SF General Maintenance Services, LLC P.O. Box 1036 Christiansted, St..Croix USVI 00821 14. REMEDIES If work under this Contract is not performed in accordance with the terms hereof, and in any and all other instarices where Contractor violates or breaches-a term or provision of this Contract, the Government shall possess the remedy right to withhold out of any payment due to Contractor,.such sums as the Government may deem ample to protect it against loss or to. assure payment of claims arising there from, and, at its option, the Government may apply such sums in such manner as the Government may deem proper to secure itself or to satisfy such claims. The Government will immediately notify the Contractor in writing in the event that it -elects.to exercise its right to withhold. S24CDPWC19 (SFGMS) 12, Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned SF General Maintenance Services, LLC certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, 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 sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, SF General Maintenance Services, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. (_ iy ignature of Contractor’. Authorized Official Su Claw Hc ir bnivl manars mb Name and Title of Contractor’s Aithorized Of K (30/19 Date S24CDPWC19 (SFGMS) 13 Initials