#17-7165 (REDCON Solutions Group, LLC) AGREEMENT #17-7165
for
TEMPORARY PERSONNEL
(GRANT FUNDED)
THIS AGREEMENT, made and entered into on this 11- day of 14340 Aber 2017, by
and between REDCON Solutions Group, LLC, as Primary Contractor authorized to do
business in the State of Florida, whose business address is 3218 East Colonial Drive, Suite G,
Orlando Florida 32803, (the"Contractor") and Collier County, a political subdivision of the State
of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing
on date of Board award and terminating three (3) years from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period have
been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two (2)
additional one (1) year periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term
then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor shall provide temporary personnel services as
described in Exhibit A-Scope of Services and in accordance with the terms and
conditions of Invitation to Bid #17-7165 and the Contractor's proposal referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County's
Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
such services are authorized.
If the Primary Contractor cannot provide requested services within the timeframe
specified by the user division, then the Secondary Contractor will then be contacted. The
procedure for obtaining services is the same.
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17-7165 Temporary Personnel(Grant Funded)
PRIMARY-REDCON Solutions Group,LLC
C
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Project Manager and/or his designee, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act."
4.1 Price Methodology:
Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours'times hourly rate). As a general business practice, these contracts include back-
up documentation of costs; invoices would include number of hours worked and billing
rate by position (and not company (or subcontractor) timekeeping or payroll records.
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
REDCON Solutions Group, LLC
3218 East Colonial Drive, Suite G
Orlando, FL 32803
Attention: Kyle Evans, President & CEO
Telephone: (407) 810-1916
Email: Kyle.EvansREDCONSolutionsGroup.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
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REDCON Solutions Group, LLC
Board of County Commissioners for Collier County, Florida
Community and Human Services
3339 East Tamiami Trial Bldg. H, Suite 211
Naples FL 34112
Attention: Kristi Sonntag, Manager Federal/State Grants
Telephone: (239) 252-2486
Email: KristiSonntag acolliergov.net
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
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In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Community and Human Services Division.
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Bid, Insurance Certificate(s), Exhibit A- Scope of Services,
Exhibit B- Fee Schedule, Exhibit C- Action Delivery Log, Exhibit D-Federal Contract
Provisions, and ITB Bid #17-7165/Addendum.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
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but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
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20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
21 . AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor's
shall assign as many people as necessary to complete the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the
required service.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents and/or the County's Board approved Executive Summary,
the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over
the Agreement. To the extent any conflict in the terms of the Contract Documents cannot
be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
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conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the Contractor at County's discretion.
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts
the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPSCa)colliergov.net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued
security of Collier County facilities and systems. Failure to notify within four (4) hours of
separation may result in a deduction of$500 per incident.
(Signature page to follow)
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IN WITNESS,WHEREOF,the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIE' C• , FLORIDA
Dwight E. Brock,Clerk of Courts
By I X By: //fjj .
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17-7166 Temporary Personnel(Grant Funded) ,N
REDGON Sotutbns Group,LLC ,f
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide temporary personnel to Community and Human Services Division (CHS)
staff on as needed basis. The Contractor shall provide personnel within three business days from
request with the CHS Division. CHS Division will have the right to accept or refuse and ask for
additional personnel. Dependent upon qualifications, the hourly rate will be determined by CHS
or hiring Division/Department.
1. Provide personnel to augment the CHS Staff to ensure compliance with various aspects
of Grantor agency requirements in the following categories:
• Category 1: Contract Specification Writer
Interprets architectural or engineering plans and prepares material lists and
specifications to be used as standards by employees for rehabilitation or construction
activities: Analyzes plans and diagrams, or observes and makes notes on material
processing, activities. Writes technical description specifying material qualities and
properties utilizing knowledge of material standards and construction procedures.
May draw rough sketches or arrange for finished drawings or photographs to illustrate
specific materials or assembly sequence.
• Category 2: Construction Cost Estimator
Perform Reviews of construction, rehabilitation, and engineering contracts to ensure
that price and costs are determined to be reasonable and competitive before final
award to a winning bidder. Prepares independent cost estimate/analysis for changes
orders. Conducts a price analysis to compare and evaluate the proposed price without
analyzing any of the separate cost elements that it is composed of. Shall also conduct
cost analysis of the separate elements (e.g., labor, materials, etc.) that make up a
contractor's total cost proposal or price to determine if they are reasonable. For
sealed bids, conducts an independent cost estimate and compares to low bids,
ensures accurate and fair market pricing is used. For competitive proposals, obtains
a cost breakdown from the offerors showing all the elements of their proposed total
costs and perform a cost analysis of each proposal using the appropriate cost
principles.
• Category 3: Customer Service Clerk
Prepares and processes administrative/program/operational documents, documents
(permits, work orders, zoning, project records, etc.) Researches, assembles and
compiles information needed to complete documents.
• Category 4: Senior Field Inspector
Requires specialized training, education or licensure, must be familiar with/or certified
in HUD Housing Quality Standards, and the ability to independently work in some
specialized areas, including, but not limited to: County interns, CAD Technicians or
Drafters, Project Managers, Tram Services, Building Automation Technicians, General
Building Surveying, other Management Services, or any other skill or skilled position
the County deems appropriate under this category. Completes inspections of
construction work, methods, and materials and compares actual work to
approved/planned work; determines whether projects are in compliance with applicable
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codes, specifications, and approved construction plans; identifies potential or existing
performance deficiencies or structural deficiencies in new/existing civil engineering
infrastructures; ensures that development improvements are in agreement with design
plans; ensures that any damage to public property is corrected; ensures that owners
of the property or neighboring property are not adversely impacted by constructed
improvements.
• Category 5: Construction/Rehabilitation Inspector
Performs field inspections of site development and other construction/rehabilitation
projects conducted by private contractors/developer/subrecipient to ensure project
compliance with applicable codes, standards, and approved construction
plans/specifications.
Interprets, explains, and ensures compliance with applicable state, county, and local
codes, ordinances, regulations, standards, specifications, policies and procedures, as
well as approved construction plans/specifications; initiates any actions necessary to
correct deviations or violations; researches code books, construction standards,
technical manuals, or other resources as needed.
Provides information and technical assistance concerning development plans,
construction requirements, non-compliance issues, and related issues; meets with and
discusses problem areas with contractors, developers, engineers, architects, and
property owners; recommends solutions to problems; responds to questions, concerns,
or complaints.
Coordinates inspection activities with other County departments, contractors, property
owners, outside agencies, or other individuals; schedules inspections and meetings;
schedules and/or attends pre-construction meetings and preliminary walk-throughs.
Reviews construction plans, specifications and related documentation for compliance
with applicable engineering codes, ordinances, and regulations; reviews as-built
drawings, mylars, density reports of sub-grade and lime rock, and roadway core reports
for asphalt and lime rock depths.
Performs plan checks at project sites to ensure compliance with approved plans and
takes photographs to document field conditions.
Conducts field inspections of construction projects; inspects drainage structures for dirt,
wood, nails, and lifting rings; reviews traffic control signage; inspects all structures on
projects; inspects signage, striping, sidewalks, and handicap ramps; inspects roadway
sub-grades and densities; inspects common areas and easements for exotic
vegetation; conducts exotic vegetation removal inspections; inspects final course of
asphalt; inspects right-of-way conditions; inspects projects for appropriate Maintenance
of Traffic (MOT) operations through construction work zones.
2. Provide the County with a fixed contractor mark-up for each category for the duration of the
contract.
3. Provide the County with a price proposal for each person assigned that includes a resume,
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brief description of assignment, the category selected, the employee hourly rate and the
contractor's mark-up.
4. Supply competent persons who are capable of performing their employment duties.
Personnel shall be neat, clean, well-groomed and courteous, and shall be fully dressed
including shirt and shoes.
5. Provide personnel who shall be capable of receiving and understanding instructions in
English.
6. Ensure that all contract worker provided to the County have fully executed and complete
background and drug screening prior to starting work at the County.
7. Register with the Department of Homeland's Security E-verify system, and document that
each contract worker has been screened through this system.
8. Comply, both the contractor and contract workers, with all applicable regulations of the
County, the State and the Federal government; full cooperation is expected and required.
Should the minimum employee pay rate fall below the Federal or State minimum wage, the
contractor shall notify the County so that compensation is commensurate with all wage
practices.
9. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per
week by the same employee at the request of the County. Hours worked on weekends will
be treated as straight time unless they are in excess of a forty (40) hour work week. All hours
worked in excess of a forty (40) hour work week that are considered overtime will be paid at
one and a-half (1.5) times the agreed upon employee's hourly rate of pay.
10. Invoices should be submitted along with Exhibit C- Action Delivery Log to support hours
worked by Contractors employee(s);
Invoice and Action Delivery Log collectively to include, but not limited to:
• The division that the worker is assigned and the purchase order number
• The name of the worker and the employee hourly rate
• The number of hours worked by the employee during a date range (i.e. week,
month, etc.), and the project (specify grant) that was worked on
• Homeowner Name and Property Address
• Subrecipient Name
• The contractor mark-up
• Total cost assessed to the County.
11. Remove, per direction from the County project manager/grant coordinator, any temporary
personnel deemed to be careless, incompetent, insubordinate or otherwise objectionable, or
whose continued employment on the job is deemed to be contrary to the interest of the
County as per the direction of the County project manager/grant coordinator.
12. Buy Out/Purchase: If temporary person is offered and accepts a position with the County,
there shall be no requirement of the County to "buy out" or purchase any remaining
contractual term between the temporary person and the employing agency.
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EXHIBIT B
FEE SCHEDULE
17-7165 Temporary Personnel (Grant Funded)
Description Hourly Rate % Markup
Minimum to Maximum
Category 1: Contract Spec Writer $23.19 - $35.84* 21%
Category 2: Construction Cost Estimator $29.57 - $45.63 21%
Category 3: Customer Service Clerk $15.26 - $24.86 21%
Category 4: Senior Field Inspector $28.16 - $45.51 21%
Category 5: Construction Inspector $21.84 - $33.75 21%
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EXHIBIT C
ACTION DELIVERY LOG
"Also, attached hereto, following this page"
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EXHIBIT C
ACTION DELIVERY LOG
Contractor Employee Name
Subrecipient Name
County Division Name
Grant/Project Name
Homeowner Last Name/Property Address Category Hourly Rate Mon Tue Wed Thu Fri Sat Sun ToFtaalu‘rkis k Amt Billed
SZ.U&,v; LZVOINE
Homeowner Last Name/Property Address Category Hourly Rate Mon Tue Wed Thu Fri Sat Sun 1:1::k Amt Billed
rt=z,;lls: :Z:Tnrt,NIAlkgr' F'agial,\WANANINIM; W444:10g2N.
EXHIBIT D
FEDERAL CONTRACT PROVISIONS
"Also, attached hereto, following this page"
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17-7165 Temporary Personnel(Grant Funded)
REDCON Solutions Group, LLC
EXHIBIT D
FEDERAL CONTRACT PROVISIONS
FEDERAL HOUSING AND URBAN DEVELOPMENT
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each
lower tier contracts (e.g. subcontract or sub-agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements
and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower-tier subcontractor or service provider.
1. Termination (Cause and Convenience)
2. Access to Records
3. Retention of Records
4. Remedies
5. Environmental Compliance (Clean Air Act and Clean Water Act)
6. Energy Efficiency
7. Equal Opportunity Provisions
❑ 8. Section 3
9. Conflict of Interest
10. Utilization of Minority and Women's Businesses
❑ 11. Federal Labor Standards Provisions
(Davis Bacon, Copeland, and Contract Work Hours Act)
❑ 12. Guidance to Contractor for Compliance With Labor Standard Provisions
13. Lobbying Prohibition
14. Debarment
15. Historic Preservation
16. Record Keeping and Documentation
❑ 17. Grantee Recognition (Advertisement)
18. Copyright and Patent Rights
19. Religious Organizations
20. Procurement of Recovered Materials
FCP-1
FEDERAL CONTRACT PROVISIONS
1. TERMINIATION FOR CAUSE AND/OR CONVENIENCE
A. This contract may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this contract through no fault of the
terminating party, provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in 1.(A)above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any addit
ional costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already
been included in an invoice.
For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
(1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications,
summaries and other such information, as may have been accumulated by the contractor in
performing this contract, whether completed or in process.
E. Upon termination, the local government may take over the work and may award a not her party a
contract to complete the work described in this contract.
F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to
have been for the convenience of the local government. In such event, adjustment of the contract
price shall be made as provided in paragraph(c)above.
2. ACCESS TO RECORDS
The local government, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their
duly authorized representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
3. RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government
makes final payment and all other pending matters are closed.
FCP-2
FEDERAL CONTRACT PROVISIONS
4. REMEDIES
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other
matters in question between the local government and the contractor, arising out of or relating to this
contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida
court of competent jurisdiction.
5. ENVIRONMENTAL COMPLIANCE
If this contract exceeds $ 100,000, the contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency
regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over
$100,000.
6. ENERGY EFFICIENCY
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163)for the State in which the work under this contract is performed.
7. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.)
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action
to ensure that applicants for employment 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.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246,as Amended (through 2014), Section 202 Equal Opportunity Clause
(Applicable to contracts/subcontracts above$10,000)
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, 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 by the contracting officer setting forth the provisions of this nondiscrimination clause.
FCP-3
FEDERAL CONTRACT PROVISIONS
(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 acollective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer advising the said labor union or worker's representatives of the
Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, 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 by 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 contracting 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 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 No.
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 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 may be directed by the Secretary of Labor 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, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.)
(a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms
FCP-4
FEDERAL CONTRACT PROVISIONS
for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are
as follows:
Female participation:6.9%(statewide)
Minority participation: 17.1%Collier County
These goals are applicable to all Contractor's construction work (whether or not it is federally-
assisted) performed in the covered area. If the Contractor performs construction work in a
geographic area located outside of the covered area, it shall apply the goals established for such
geographic area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its Federally involved and non-Federally involved construction.
The Contractor's comp I i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals
established or the geographic area where the contract resulting from his solicitation is to be
performed. The hours of minority and female employment or training must be substantially uniform
throughout the length of the contract and in each trade the Contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order,
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the
total work hours performed.
(c) The Contractor shall provide written notification to the County within 10 working days of
award of any construction subcontract in excess of$10,000 at any tier for construction work under
the contract resulting from this solicitation. The notification shall list the name, address, and
telephone number of the subcontractor; employer identification number; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the geographical
area in which the contract is to be performed.
Contact Information:
Collier County Government—CHS Section 3 Manager
3339 East Tamiami Trail E, STE 211 Ms. Kristi Sonntag
Naples, Florida 34112 Telephone: 239-252-2486
Telephone 239-252-2273 kristiSonntag@colliergov.net
Fax 239-252-2638
http://www.colliergov.net/Your-qovernment/divisions-a-e/community-and-human-services
(d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the
county in which the contract work is being undertaken.
D. 41 CFR 60-4.3 Equal Opportunity Clauses
(a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included
in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and
subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to
the clauses described above, all Federal contracting officers, all applicants and all nonconstruction
contractors, as applicable, shall include the specifications set forth in this section in all Federal and
federally assisted construction contracts in excess of $10,000 to be performed in geographical areas
designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of
$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and
subcontracts covered under the Executive order.
FCP-5
FEDERAL CONTRACT PROVISIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246).
1. As used in these specifications:
A. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
B. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
C. "Employer identification number" means the Federal Social Security number used on the
Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941.
D. "Minority" includes:
(I) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(II) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central, or South American or
other Spanish Culture or origin, regardless of race);
(III) Asian and Pacific Islander (all persons having origins in any of the original peoples
of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U. S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work i n the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The overall good
faith performance by other Contractors or subcontractors toward a goal in an approved Plan
does not execuse any covered Contractor's or Subcontractor's failure to take good faith efforts to
achieve the Plan goals and timetables
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A)
through (P). of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing contracts in geographical
areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority
and female goals established for the geographic area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during
the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under t h es es p e c if i c at i on s , Executive Order 11246, or the regulations
FCP-6
FEDERAL CONTRACT PROVISIONS
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U. S. Department of Labor.
7. The Contractor shall take specificaffirmative actions toensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as extensively as the following:
(a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals working at such sites
in such facilities.
(b) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organization's responses.
(c) Maintain a current file of the names, addresses, and telephone numbers of each mi no r i t y a
n d female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union, or if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the areas
which expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7.(b)above.
(f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(g) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with on- site supervisory
FCP-7
FEDERAL CONTRACT PROVISIONS
personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom
the Contractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female recruitment students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the Contractor shall send written notification to
organizations such as the above, describing the openings, screening procedures, and tests to be used
in the selection process.
(j) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor's work force.
(k) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR 60-3.
(I) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and employment
related activities to ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(q) become familiar with the HUD "Questions and Answers on Sexual Harassment under the Fair
Housing Act."And request a copy from the County if needed.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7) (a) through (p). The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of
these Specifications provided that the Contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
FCP-8
FEDERAL CONTRACT PROVISIONS
Contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for
all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner(for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out sections and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If
the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof
as may be required by the Government and to keep records. Records shall at least include for each
employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee
identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice
trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and location at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance and upon the application of requirements for the hiring of local
or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
E. Certification of Non-Segregated Facilities (Construction Contracts over$10,000)
The contractor does not maintain or provide for its employees to perform their services at any location,
under its control, where segregated facilities are maintained. The contractor certifies further that it will not
maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not
permit employees to perform their services at any location, under its control, where segregated facilities are
maintained. The contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and
FCP-9
FEDERAL CONTRACT PROVISIONS
housing facilities which are segregated by explicit directive or are in fact segregated on the basis of race,
creed, color, or national origin, because of habit, local custom, orotherwise.
The contractor further agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors
prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following
notice to such proposed subcontractors (except where the proposed subcontractors have submitted
identical certifications for specific time periods).
F. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
G. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national original, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
H. Section 503 Handicapped(Contracts$2,500 or Over)
(1)The Contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices such as the following:
employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship.
(2)The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary o f Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by or
through the contracting officer. Such notices shall state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified handicapped employees
and applicants for employment, and the rights of applicants and employees.
(5)The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding, that the contractor is bound by the
terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action
to employ and advance in employment physically and mentally handicapped individuals.
(6)The Contractor will include the provisions of this clause in every subcontract or purchase order
of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to Section 503 of the Act, 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 Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions,including action for noncompliance.
I. Age Discrimination in Employment Act of 1967, as Amended
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FEDERAL CONTRACT PROVISIONS
It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment, because
of such individual's age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive
any individual of employment opportunities or otherwise adversely affect his status as an employee,
because of such individual's age; or
(3)to reduce the wage rate of any employee in order to comply with this chapter.
J.Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against
employees or applicants because of genetic information. Employers are prohibited from using
genetic information in making employment decisions. GINA restricts employers and other entities
covered by Title II (employment agencies, labor organizations and joint labor-management training
and apprenticeship programs - referred to as "covered entities") from requesting, requiring or
purchasing genetic information, and strictly limits the disclosure of genetic information. The law
forbids discrimination on the basis of genetic information when it comes to any aspect of
employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe
benefits, or any other term or condition of employment.
(2) "Genetic information" includes information about an individual's genetic tests and the genetic
tests of an individual's family members, as well as information about the manifestation of a disease
or disorder in an individual's family members (i.e. family medical history). Family medical history is
included in the definition of genetic information because it is often used to determine whether
someone has an increased risk of getting a disease, disorder, or condition in the future.
8. "SECTION 3" TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES
(1)The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the S ection 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
(4) The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided
in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the
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FEDERAL CONTRACT PROVISIONS
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450e) also applies to the work to be performed under this contract. Section 7(b) requires that to
the greatest extent feasible (i) preference and opportunities for training and employment shall
be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and
section 7(b) agree to comply with S ection 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who exercises any function or responsibility with
respect to this contract, during his/her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed. Further, the Contractor shall cause to be incorporated in all subcontracts the
language set forth in this paragraph prohibiting conflict of interest.
10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when
possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall
document efforts to utilize M/WBE firms, i ncl u ding identifying what firms were solicited as
suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be
obtained from:
• Florida Department of Management Services, Office of Supplier Diversity,
• Florida Department of Transportation (construction services,particularly highway),
• Minority Business Development Center in most major cities, and
• Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
11. FEDERAL LABOR STANDARDS PROVISIONS
(Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often
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FEDERAL CONTRACT PROVISIONS
than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein; provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be classified in conformance with the wage determination.
HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only
when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;and
(2) The classification is utilized in the area by the construction industry;and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(ii) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the Administrator of the Wage and
Hour Division, employment Standards Administration, U. S. Department of Labor, Washington,
D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or
its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that the additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 215-0140.)
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FEDERAL CONTRACT PROVISIONS
(iii) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(d) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that
the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the
meeting of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other federal contract with the same prime contractor, or any
other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, HUD, or its designee may, after written notice to the contractor,
sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described
in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the
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FEDERAL CONTRACT PROVISIONS
Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017).
(b) (i) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract,
but if the agency is not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owners, as the case may be, for transmission to HUD or its designee. The
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the reverse side
of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A(3)(b)(ii)of this section.
(iv) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a)
of this section available for inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its
designee may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request to make
such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.
(4) (a)Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and
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FEDERAL CONTRACT PROVISIONS
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program, shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with the determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually registered in a program which
has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site
shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination.
(ii) Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate
on the wage determination for the work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In
the event the Employment and Training Administration withdraws approval of a training program
the contract will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended,and 29 CFR Part 30.
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FEDERAL CONTRACT PROVISIONS
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
(7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of
the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by
referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor (USDOL) set forth in 29
CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or the employees or
their representatives.
(10) Certification of Eligibility.
(a) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part
24.
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to
be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S.
C.1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing
Administration transactions", provides in part "Whoever, for the purpose of ... influencing in
any way the action of such Administration ... makes, utters or publishes any statement, knowing
the same to be false... shall be fined not more than $5,000 or imprisoned not more than two
years, or both."
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this contract are applicable shall be discharged or in any
other manner discriminated against by the contractor or any subcontractor because such employee
has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable under this contract
to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers"
and "mechanics" include watchmen and guards.
(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
FCP-17
FEDERAL CONTRACT PROVISIONS
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.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall 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 or to 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
subparagraph (1) of this paragraph, in the 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 clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause 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 contract, or any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act , which 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 subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in subparagraph (1) through (4) of this paragraph 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 subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to
Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law
91-54.83 State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such
provisions will be binding on each subcontractor. The contractor shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary
of Labor shall direct as a means of enforcing such provisions.
12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on the
site, must submit either two separate payrolls (one for each wage decision) or one payroll which
identifies each worker twice and the hours worked under each wage decision. One single
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FEDERAL CONTRACT PROVISIONS
payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate
in the wage decisions for each identical job classification. However, where a job classification is not
listed in a wage decision and is needed for that portion of the work, the classification must be added
to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate
for that same classification in another wage decision. After the additional classification is approved,
the contractor may pay the higher of the two rates and submit one payroll, if desired.
B. Complying with Minimum Hourly Amounts
(1) The minimum hourly amount due to a worker in each classification is the total of the amounts
in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe
Benefits" columns.
(3) A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker)for the fringe benefit by 2080. Therefore, for workers
with overtime, an additional payment may be required to meet the minimum hourly wages since
generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is
paid more than the minimum rates required by the wage decision, this should not be a problem.
As long as the total wages received by a worker for straight time equals the hours worked times
the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts
has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly
cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related
acts only establish minimum rates and does not address overtime; the Contract Work Hours Act
contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the
minimum rates established by the Davis-Bacon and related acts.)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions in
writing. The authorization must identify the purpose of each deduction and the amount, which may be
a specific dollar amount or a percentage. A copy of the authorization must be submitted with the
first payroll containing the deduction. If deducted amounts increase, another authorization must be
submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-
ordered deductions, such as child support, may be identified by the responsible payroll person in a
separate document. This document should identify the worker, the amount deducted and the purpose.
A copy of the court order should be submitted.
E. Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner's representative
in writing and identify the job classification(s) required. In some instances, the State
agency may allow the use of a similar classification in the wage decision.
Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be
lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of
the laborer classification) and truck drivers are not considered a trade for this purpose. If the
(g)
FCP-19 "'�
FEDERAL CONTRACT PROVISIONS
classification involves a power equipment operator, the minimum cannot be lower than the lowest rate
for any power equipment operator in the wage decision. The owner will provide forms to document
agreement on the minimum rate by the affected workers and contractor.
The USDOL must approve the proposed classification and rate. The contractor may pay the proposed
rate until the USDOL makes a determination. Should the USDOL require a higher rate, the
contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed
rate.
F. Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising workers
are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include
such supervisory classifications and their wages are not subject to any minimums under the Davis-
Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards
Act. However, foremen and other supervisory personnel who spend less than 80% of their time
engaged in supervisory activities are considered workers/mechanics for the time spent engaged in
manual labor and must be paid at least the minimum in the wage decision for the appropriate
classification(s)based on the work performed.
G. Sole Proprietorships/ Independent Contractors/ Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the
requirement to comply with the labor standards provisions of this contract. The applicability of the labor
standards provisions is based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards
provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs
all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including
minimum wages and overtime. His status as`owner"is irrelevant for labor standards purposes.
If a worker meets the IRS standards for being an independent contractor, and is employed
as such, this means that the worker must submit a separate payroll as a subcontractor rather
than be included on some other payroll. The worker is still subject to the labor standards
provisions in this contract, including minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions
in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and
these payrolls must reflect information required to determine compliance with the labor standards
provisions of this contract, including a classification for each worker based on the nature of the
work performed, number of regular hours worked, and number of overtime hours worked.
H. Apprentices/Helpers
A worker may be classified as an apprentice only if participating in a federal or state program.
Documentation of participation must be submitted. Generally, the apprentice program specifies that
the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act
purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification
in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker must be
classified according to duties performed. This procedure may require classification in the "trade"
depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor
may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most
large cities regarding the appropriate classification.
Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal
apprentice program, the worker must be classified according to duties performed and tools used.
0
FCP-20
FEDERAL CONTRACT PROVISIONS
13. LOBBY PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(b) The contractor/vendor certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief;
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, 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 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
Recipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying."
The contractor/vendor shall 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 subrecipients shall certify and disclose. 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
Section 1352, Title 31, U.S. Code. 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.
14. DEBARMENT
All grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-
recipients, etc. that are conducting business with the grantee, including any city/county or the grantee
itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in the covered transaction or in any proposal submitted in connection with
the covered transaction. Verification will be checked through the excluded parties system list
at www.sam.gov.
15. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation
requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory
requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and
the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for
Protection of Historical Properties.
16. RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be
paid from funds under this Agreement, shall allow access to its records at reasonable times
to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal
business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Department.
0
FCP-21
FEDERAL CONTRACT PROVISIONS
1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys,
information, documents, maps and other data procedures developed, prepared, assembled, or
completed by the Contractor for the purpose of this Agreements shall be made available to the County
by the Contractor at any time upon request by the County or HUD. Upon completion of all work
contemplated under this agreement copies of all documents and records relating to this agreement
shall be surrendered to the County if requested. In any event the sub-recipient shall keep all
documents for six (6) years after the expiration of this agreement.
17. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the
funding source. The Contractor will mount a temporary construction sign for projects funded by Housing
Urban Development though Collier County Community and Housing Services. The design concept is
intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. The Construction sign shall comply with applicable County codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The US Department of Housing and
Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in
data which may arise as a result of the contractor's services.
19. RELIGIOUS OGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations.
Section 24 CFR 570.200(j) specifies the limitations on CDBG funds.
20. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use of products containing the highest percentage of recovered materials for items designated by
the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of$10,000 or more of a designated item during the fiscal year;
or, b) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at: www.epa.gov/epawaste/conserve/tools/cpq/products/
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
FCP-22
FEDERAL CONTRACT PROVISIONS
STATE AND FEDERAL STATUTES AND REGULATIONS
By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as
applicable)federal and state requirements:
1. Community Development Block Grant Disaster 33. The Wildlife Coordination Act of 1958,as amended;Noise
2. Recovery Emergency Rule 9BER09-2;The Solid Waste Abatement and Control:Departmental Policy
Disposal Act,as amended by the Resource Conservation Implementation,Responsibilities, and Standards,24
and Recovery Act of 1975 (42 U.S.C.,s.6901 et.seq.); C.F.R.Part 51,Subpart B;
3. Florida Small a n d Minority Business Act, s.288.702- 34. Flood Disaster Protection Act of 1973,P.L 92-234;
288.714,F.S.; 35. Protection of Historic and Cultural Properties under HUD
4. Florida Coastal Zone Protection Act,s. 161.52- 161.58, Programs,24 C.F.R.Part 59;
F.S.; 36. Coastal Zone Management Act of 1972,P.L
5. Local Government Comprehensive Planning and Land 92-583;
Development Regulation Act,Ch. 163,F.S.; 37. Architectural and Construction Standards;
6. Title I of the Housing and Community Development 38. Architectural Barriers Act of 1968,42 U.S.C.4151;
7. Act of 1974,as amended 39. Executive Order 11296,relating to evaluation of flood
8. Treasury Circular 1075 regarding drawdown of CDBG hazards;
funds. 40. Executive Order 11288.relating to prevention,control
9. Sections 290.0401-290.049,F.S.; and abatement of water pollution;
10. Rule Chapter 9B-43,Fla.Admin.Code.; 10. Department 41. Cost-Effective Energy Conservation Standards,24
of Community Affairs Technical Memorandums; C.P.R.Part 39;
11. HUD Circular Memorandums applicable to the Small 42. Section 8 Existing Housing Quality Standards,24 C.F.R.
Cities CDBG Program; Part 882;
12. Single Audit Act of 1984; 43. Coastal Barrier Resource Act of 1982;
13. National Environmental Policy Act of 1969 and other 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 et.
provisions of law which further the purpose of this Act; seq.;
14. National Historic Preservation Act of 1966(Public Law89- 45. Title VI of the Civil Rights Act of 1964 Non
665)as amended and Protection of Historic Properties discrimination;
(24C.F.R.Part 800); 46. Title VII of the Civil Rights Act of 1968 Non-
15. Preservation of Archaeological and Historical Data Act of discrimination in housing;
1966; 47. Age Discrimination Act of 1975;
16. Executive Order 11593 -Protection and Enhancement of 48. Executive Order 12892-Fair Housing
Cultural Environment; 49. Section 109 of the Housing and Community
17. Reservoir Salvage Act; Development Act of 1974,Non-discrimination;
18. Safe Drinking Water Act of 1974,as amended; 50. Section 504 of the Rehabilitation Act of 1973 and 24
19. Endangered Species Act of 1958,as amended; C.F.R.Part 8;
20. Executive Order 12898-Environmental Justice 51. Executive Order 11063 -Equal Opportunity in Housing;
21. Executive Order 11988 and 24 C.F.R.Part 55-Floodplain 52. Executive Order 11246-Nondiscrimination;
Management; 53. Section 3 of the Housing and Urban Development Act
22. The Federal Water Pollution Control Act of 1972,as of 1968,as amended-Employment Training of Lower
amended(33 U.S.C.,s. 1251 et.seq.); Income Residents and Local Business Contracting;
23. Executive Order 11990-Protection of Wetlands; 54. Uniform Relocation Assistance and Real Property
24. Coastal Zone Management Act of 1968,as amended; Acquisition Policies Act of 1970,P.L., 100-17, and
25. Wild and Scenic Rivers Act of 1968,as amended;
49 C.F.R.Part 24;
26. Clean Air Act of!977; 55. Copeland Anti-Kickback Act of 1934;Hatch Act;
27. HUD Environmental Standards(24 C.F.R.Part 58); 56. Title N Lead-Based Paint Poisoning Prevention Act(42
28. Farmland Protection Policy Act of 1981; U.S.C.,s. 1251 et.seq.);
29. Clean Water Act of 1977; 57. OMB 2 CFR Part 200
30. Davis-Bacon Wage Rate Act; 58. Administrative Requirements for Grants,24 C.F.R.Part
31. Contract Work Hours and Safety Standards Act of 1962,40 85;59. Section 02 of the Department of Housing and
U.S.C. s.327 et. seq; Urban Development Reform Act of 1989 and 24 C.F.R.
32. Florida Statute 287.134,Discriminatory Vendors List Part 12.
FCP-23
CIlentil:1789480 77REDCOSOL
ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
10112!2017
THIS CERTIFICATE PS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder In Lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Bonnie Roberts
BB&T Huffaker Insurance PHONE 4231648-7278 F"X 4232658543
735 Broad Street,Suite 100 E-MAILE °'Eon:423/648-7278
( 'No
ADDRESS: broberts@bbandt.COnl
Chattanooga,TN 37402 INSURER )AFFORDING COVERAGE NAICS
INSURER A:Everest Indemnity Insurance Com 10851
-INSURED sisuRER B:Everest National Insurance Co 10120
Redcon Solutions Group
3218 East Colonial Drive,Sults G INSURER c
Orlando,FL 32803 INSURER :
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR IADOL SUBRI POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR YWD POLICY NUMBER (SIVIDDNYTY) (MM/DINYYYY) UNITS
A X COMMERCIALGENERAL LIABIUTY 51GL012615171 08/19/2017 08/19/2018 EACHOCCURRENCE 51,000,000
DAMAGE T RENTED
CWMS-MADE X OCCUR PREMISESQEaimmvr°q) 380,000
X BI/PD Ded:1,000 MED EXP(Ary one person) $5,000
PERSONAL IL ADV INJURY $1,000,000
GENt AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $2,000,000
POLICY JECTT LOC PRODUCTS-COMP/OPAGG $2,000,000
OTHER
A AUTONCSILE UABILITY 51GL012615171 08/19/2017 08!1912018(eaMSeaiNEEitj INGLE LIMrr $1,000,000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per acddent) $
NON- WI+IED PROPERTY DAMAGE
X HIRED ALTOS X AUTOS (Per accident)
A x UMBRELLA LIAE X OCCUR I 516C00454017 08/19/2017 08/19/2018 EACH OCCURRENCE $2.000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $2,000,000
DED X RETENTION$100003
3
ND
B A" TOLIABIS" 5300003875171 08119/2017 08/19/2018 X IMIEERR�
ANY PROPRIETOR/PARTNER/EXECUTIVEY/" E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? Ni N I A
(Mandatory In NH) L.DISEASE-EA EMPLOYEE ;1,000,000
II yea,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more spec*M reoWnd)
"Workers Comp Information**
Other States Coverage
"Supplemental Name**
First Supplemental Name applies to all policies-Name Printed on DEC Page:Redcon Solutions Group
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
Government ACCORDANCE WITH THE POLICY PROVISIONS.
3295 Tamiaml Trail East
Naples,FL 34112 AUTHORIZED REPRESENTATIVE
01/4.°1 a SlagUaieK.
011988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S18896614/M18652378 BRR
DESCRIPTIONS (Continued from Page 1)
Certificate holder is an additional insured as respects to general liability as required by written
contract.
sAGlrrA 25 3(2014/01' 2 of 2
#S188866141M18652378