TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the Fourth Amendment to Agreement No. 2019-48.001 Debris Management Services and Ancillary Preparation/Recovery Services in the City of North Port With Ceres Environmental Services, Inc.
Recommended Action
Approve the Fourth Amendment to Agreement No. 2019-48.001 Debris Management Services and Ancillary Preparation/Recovery Services in the City of North Port with Ceres Environmental Services, Inc.
Background Information
The Office of Management and Budget (OMB) has revised its guidance in Title 2 of the Code of Federal Regulations (2 CFR) to add a new part 184 and revise 2 CFR § 200.322. The new part 184 provides guidance to federal agencies on how to apply the domestic content procurement preference as set forth in the Build America, Buy America Act (BABA) to federal financial assistance for infrastructure projects.
This new part 184 includes:
• Definitions for key terms, including iron or steel products, manufactured products, construction materials, and materials identified in section 70917(c) of BABA;
• Guidance for determining the cost of components of manufactured products; and
• Guidance on proposing and issuing Buy America waivers.
The revised provision in 2 CFR § 200.322 specifies that federal agencies providing federal financial assistance for infrastructure projects must implement the BABA requirements set forth in 2 CFR part 184.
The new part 184 and the revisions in 2 CFR § 200.322 are effective for infrastructure projects under subject Federal Emergency Management Agency (FEMA) awards issued on or after October 23, 2023.
The Fourth Amendment to Agreement No. 2019-48.001 addresses the Build America, Buy America Act.
The Fourth Amendment to Agreement No. 2019-48.001 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Safe Community
Good Governance
Quality of Life
Financial Impact
For the hurricane recovery work to be considered for reimbursement under the FEMA’s Public Assistance Program, federal contract provisions have been added to the emergency procurement documentation.
There is no financial impact to the City unless a disaster occurs. In the event a disaster takes place, funds will be transferred to account number 107-5000-541.34-00, Other Contractual Services.
Procurement
The amendment to the contract for these services was procured in accordance with FEMA Guidelines for Emergency/Exigency Procurements.
Attachments:
1. Fourth Amendment to Agreement No. 2019-48.001
2. Third Amendment to Agreement No. 2019-48.001
3. Second Amendment to Agreement No. 2019-48.001
4. First Amendment to Agreement No. 2019-48.001
5. Agreement No. 2019-48.001
6. M-24-02 Buy America Implementation Guidance Update
Prepared by: Garrett Woods, Senior Business Manager
Department Director: Chuck Speake, Public Works Director