#23-8189 (Northeast & Buck Co.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials I Date
1. Risk Risk Management
2. County Attorney Office County Attorney Office
//174 l d/z1-
4. BCC Office Board of County
Commissioners C(O`y/r)j(.I 1 o/ZZ
4. Minutes and Records Clerk of Court's Office r CI.16 6-41
cY.-"i7/
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deidra De La Cruz/Procurement Contact Information 239-252-8407
Contact/Department
Agenda Date Item was October 22, 2024 Agenda Item Number 16.D.1
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached _
PO number or account N/A 23-8189 Northeast&
number if document is Northeast & Bucks Co. dba
to be recorded Bucks Co. dba Mullin Lonergan
Mullin Lonergan & Associates*
& Associates*
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be DD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on October 22, 2024, all changes made L N/A is not
during the meeting have been incorporated in the attached document. The County ($SjN an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the ci5nnP an option for
Chairman's signature. this line.
FIXED FEE PROFESSIONAL SERVICE AGREEMENT
# 23-8189
for
Professional Services Agreement for Administration of HUD Entitlement Grants
THIS AGREEMENT, made and entered into on this 22 day of OctoJ{ , 20 Zy ,
by and between Northeast & Bucks Co. d/b/a Mullin & Lonergan Associates
authorized to do business in the State of Florida, whose business address is
2 Kacey Court, Suite 201, Mechanicsburg, PA 17055 ,(the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. The Agreement shall be for a five ( 5 ) year period, commencing ■
upon the date of Board approval; or I I on ;and terminating on
five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s)
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- Ccntr ctc fe e'v
the-Agreement.,,under-all ofthe-te'F1✓ 'ss'-Hand-cond#ion&canto nen.d--in4his-Inca,.reement
for..._....._._. _. (_ —additional.... _.._. (. )-year(s)....period s:-The County—shalt
give—the—Contractor- v.ritte;; notic ---of__th --Cotit tyl y--inte,-,t on{---to_. e, e�. _.the
Agreement.ter�m""p er..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 I■ Purchase Order I I Notice to Proceed I I Work Order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance
with the terms and conditions of [■I Request for Proposal (RFP) Invitation to
Bid-(1-TB) Other._,... .._ _ _.,.,.... .-_,.._..., .,.....:_.._._.,.., :.,,__............ ................. (.., ,,,,.,,.......,.,.,,_„_,..)
# 23-8189 , including all Attachment(s), Exhibit(s) and Addenda and the
Contractor's proposal referred to herein and made an integral part of this
Agreement.
I� The Contractor shall also provide services in accordance with Exhibit A —
Scope of Services attached hereto.
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3.1 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.
3.2 The execution of this Agreement shall not be a commitment to the
Contractor to order any minimum or maximum amount. The County shall order
items/services as required but makes no guarantee as to the quantity, number,
type or distribution of items/services that will be ordered or required by this
Agreement.
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 Contract
Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
❑■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks
are transferred from the County to the contractor; and, as a business practice there
are no hourly or material invoices presented, rather, the contractor must perform
to the satisfaction of the County's project manager before payment for the fixed
price contract is authorized.
❑ Time and--Materials: The County agrees-to-pay tte on-traetoc4er- the.am ant
of-lab mployees--and-"subc
t e work (nn"umberef-hours--"-tirrtesand..for--materialema+d equipment
used-in-the-__proje t_--{0 sl untrue-iterls_..'1marku : This
meth lelogy s genora!Iy.._use `{ t-projeets""in--w it-is-net--possible--to-a"°curat*
estimate-the-size- of the-prejee r""" wh et
requicements--would---most--likely---change:--A"s-a--genesai-business---p"raetlee;t-hese
ce�nci 'on-of-costs;--invoices--would- nek1de-number
of-hours-worked-and-billing-rate-by-e-by- bcontractor)
twee g )7-meterial---or---e uipment--"invoices, and-otter
reimbursable-doeu project.
❑ Un Prioe:_'Tl e-Gounty agreee-topay-a-firtn--teta • "Q all
costs;-inolut ing--lc"bor, materiois, equipment, overhead, etc:)-for -repetitive--product
oF--service-delivered"--{+:e:---i+ sta"Nation-priceer--ten,"" deli' y -price-per-pac--lge---or
caa�rtten, etc)). -The-n+rrvre�ice-nrntas -identify-ttie1-(-�enit--prricce-_a"cad--tlae-"-number-oaf-units
receiv l fV Lro l'"7'tra late Il lvtrl ltory`Vl coot veil" ea'tion)
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
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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.
4.4 The County, or any duly authorized agents or representatives of the County,
shall have the right to conduct an audit of Contractor's books and records to verify
the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Payment Application, Change Order, or Work Directive
Change.4.5 ❑ �1----and--Reimbu.rsat -Expenses.,_TFa eI".'.,r
nd-Reimbu'rs"able
Expenses gust-be-approved4 see-ire-wri ing by the.County:-Travel expen
shall"-be-relriabarsed-ems a-:-Slats-:
"Y"ei burser"1"'entc oh ll be-a't-the-fellowing'"rates*VI ILJ' .arl crll V\..
Mileage Q$Q� 44-der m'iie
Breakfast $6,00
Dinner $4-9 00
Nnfare Astual~4ieket-c-ost each
Blass-fare
Rental--ear Actual-rental✓---cast--limited to compact or
standard size vehicles
Lodging Actual- cost of lodging-at-single-occupancy
wtha cap ofno more.tian $150.00per
might
Parking Actual-cost of parking
Taxi or Airport Limousine Actual-cost-of either'to'xi or-airportmlim0 s4ne
Relrnbursable items other than travel-expenses-shall-be-limited-to-the-following
telephone—long distance charges;--fax—charges,—photocopying—charges-and
postage. Reimbursable items ill-be-"paid-"cn!yafter--Contractor has provided all
receipts- Contractor shall be responsible for all other-costs--"'and expenses
aseeiated_wih aetiviti rc�I�lint to j� eemcnt
c.. I v I�l v i�r.SYtrxxY I L-"l V"'t:h f�'�9�<grir rr.r�I�,r r c.
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 # 85-8015966531C.
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[2024 ver.3]
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly
served if mailed or emailed to the Contractor at the following:
Company Name: Northeast & Bucks Co.
Address: d/b/a Mullin & Lonergan Associates
2 Kacey Court, Suite 201, Mechanicsburg, PA 17055
Authorized Agent: William Wasielewski
Attention Name & Title: President
Telephone: (412) 323-1950
E-Mail(s): billw@mandl.net
All Notices from the Contractor to the County shall be deemed duly served if mailed
or emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Community & Human Services
Division Director: Kristi Sonntag
Address: 3339 East Tamiami Trail, Bldg H,
Suite 213, Naples FL 34112
Administrative Agent/PM: Tracey Smith
Telephone: 239-252-1428
E-Mail(s): tracey.smith@colliercountyfl.gov
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.
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.
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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 the sole judge of non-performance.
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 or any other class protected by
federal or Florida law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. I■I 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. The General Aggregate Limit shall be
endorsed to apply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
B. n Business Auto Liability: Coverage shall have minimum limits of
$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
C. n Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
D. n Professional Liability: Shall be maintained by the Contractor to ensure its
legal liability for claims arising out of the performance of professional services
under this Agreement. Contractor waives its right of recovery against County as
to any claims under this insurance. Such insurance shall have limits of not less
than $ 1,000,000 each claim and aggregate.
E. n Cyber..Liability: Coverage shall have-minimum-limits of....$
per occurrence:
F: Teehnoioc y-€rrors and Orniss=Erns:-Govefage-shall--have m'iti�aa'ra u [1mits
of,..$. ___.._„_ per-occurrence:
G. E Watercraft: Coverage shall..have.._.minimum--I`i-m-its-oi",,,,$,....,._,..A.......... ...µ _....Per
occurrence. f
H. n United States Longshoreman's-and Harborworker's Act Coverage shall
be maintained where e applicable to-the-completion-of-the-work`^$
per-oc'currencc.
❑ fillaritime-Coverage (-Jones Act: Coverage shall-have-minimum limits-of
$ per occurrence.
(other): Coverage shall-have
mini its-of-$.--- ____.__ -per occurrence.
111 (other): Coverage_shall.have
minimum !i m its of$ ---per-occurrence.-
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,
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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 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 Proposal, Insurance Certificate(s), Exhibit
A Scope of Services, Exhibit B Fee Schedule, (I RFP/ n ITB/
Other ) #23-8189
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including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes,
and • Other Exhibit/Attachment: Grant Documents
17. APPLICABILITY. Sections corresponding to any checked box (1111 ) will expressly
apply to the terms of this Agreement.
18. 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.
19. 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.
20. 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 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, as well as the requirements set forth in Florida Statue,
§448.095; 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, if applicable, including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated
as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT
SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c,colliercountyfl. Ov
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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.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at
the discretion of the successful Contractor.
22. 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.
23. 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.
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24. 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.
25. 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.
26. n PERSONNEL.KEY- The Contractor's per&onneran4managg.ement.to be utilized-for
luau
fact shall bca.. (,� ow!edge ablo i.n._their.aro tis The__ �. es
ti'i'��J'".p"1�''���.J�"J'Yiull ..�v....l�lr'ivv.lv...yv�..vlr. rr�r ula.lr ur�r e'����r"'iY'.i�': The-County-reserves
lam. ".0"�.1'�'��"'�e'.�i"���'vr
the-..right-to-perform-investigations-as-may-be-deemed-necessary to ensure- prat
competent--persons--will be---uttldze4'-.--in-----the----pe-rfarma-nce of-the-Agreement-The
Contractor shall assign/ as many, .people_-as_Receesar'y to complete the-services on...a
basis,-and.-each person....assigned•,•.,.shall_„bV(1.,, /1aa"vailalble'for.,an amount-of-time
•••tiimee
adequate to-meet the required...._service -dates-The.,-Con tractor...shall not chfange"K'�y
adequate Jl.l Personnel []
Pnnel'--unless...the following-conditions "'i'"roposed.replacements harve.
1 VIJV
substantially the some Or better qualifications,,-and/or experience (2) that.„,he,C...County
notified
as VIIV `.IVtA1111V IIV/VI V/� VIIVIIVV. ` �] that-the shall
is'-notified in 'riling far in-advance-as' possible. The,w ontfacto1 J�h�all -make
commercially-reasonable vlee...efforts-to-notify Collier Collier County-within-seven
change. County final-approval of-proposed--replacement personnel,:
G. The County ll retains 1VVUr
I■, 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 shall assign as many people as necessary to complete required
services on a timely basis, and each person assigned shall be available for an amount
of time adequate to meet required services.
27. ORDER...-PRECEDENC'E. In--the--event of any conflict between-or-among the
terms of any-of-the Contract ontraot Docum"ee'nls,--the-tV1 ms of solicitation mthe-Certractor c
Proposal, and/or the County c Board-approved Executive VO ma-ry, the-Contract
Documents shall take..precedence.
❑� ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between
or among the terms of any of the Contract Documents and/or the County's Board
Page 10 of 15
Fixed Price Professional Service Agreement
[2024_ver.3]
CA)
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 conflict shall be resolved by
imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at County's discretion.
28. 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.
29. 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-FMOPS(a�colliercountyfl.gov)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.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work
being performed in any of their locations. This will be coordinated upon award of the
contract. If there are additional fees for this process, the Contractor is responsible for
all costs.
(Intentionally left blank -signature page to follow)
Page 11 of 15
Fixed Price Professional Service Agreement
[2024_ver.3]
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the Circuit
Court and Comptroller
t r�
By: ___Z,1416(4,
Dated o + Chris Hall, Chairman
SEA) est as to Cha.
} signature only
Contractor's Witnesses:
Northeast&Bucks Co.d/bia Mullin Lonergan&Associates
Contractor
By: C. &)cul-u
Contractor's First Witness Signature
L' 1II ,aY, c. 'U1gSt.P1t,5kl I r/CS
`� (l U rry del k-eobe(0) TType/print signature and titlel`
i Type/print witness name
AdVAilkaA4(4441t.Lik
Contractor's Second Witness
Arm Ala vie. VV ,eIewiL
TType/print witness namet
Approved as to Form and Legality:
County Attorney
Print Name
Page 12 0115
Fixed Price Professional Service Agreement
[2024_ver,3]
Exhibit A
Scope of Services
❑■ following this page (containing 4 page/s)
this exhibit is not applicable
Page 13 of 15
Fixed Price Professional Service Agreement
[2024_ver.3]
S
EXHIBIT A
SCOPE OF SERVICES
#23-8189 PROFESSIONAL SERVICES AGREEMENT
FOR ADMINISTRATION OF HUD ENTITLEMENT GRANTS
This Agreement is being awarded as follows: Primary—Florida Housing Coalition, Inc. and Secondary—Northeast
&Bucks Co.d/b/a Mullin&Lonergan Associates.
This scope of work is for the solicitation of professional services to aid Collier County Community and Human
Services Division(CHS)in the receipt,expenditure, and reporting of HUD Entitlement Grants.The documents to be
produced over the life of the agreement include:
1. Development and submission of:
a) One 5-Year Consolidated Plan and Citizen Participation Plan for program years 2026-2030
(inclusive of first Annual Action Plan for program year 2026)
b) Four Annual Action Plans for program years-2025,2027,2028,and 2029.
c) Five Consolidated Annual Performance and Evaluation Reports(CAPER)for program years
2023 through 2027
2. One 5-Year Affirmatively Furthering Fair Housing Plan (AFFH) for program years 2 0 2 6-
2030.
3. HUD Part 58 Environmental Review Record:
a) 5-Year broad-level countywide environmental review with 8-step floodplain included
b) Annual site-specific environmental reviews
4. HOME Investment Partnerships(HOME)Program Underwriting Services
5. Determination of Utility Allowances for HOME-assisted rental units per the 2013 HOME Final Rule as
amended,and requirements at 24 CFR 92.252(d)
6. Preparation and submission of all grant-related substantial amendments.
7. Creation,review,and update of HUD-related CHS policies and procedures at least every three years from
each policy's latest update,or as regulatory changes necessitate.
8. Technical Assistance/Training not to exceed 500 hours over 5 years.
All elements are to be developed, prepared. and submitted in accordance with established HUD Funded program
regulation(s)and timelines.
The Consultant is responsible for preparation of all required Public Notices as required by HUD,state,and local statute
or regulation.
Consultant must have a minimum of five (5) years' experience preparing HUD Entitlement plans, reports, and
specialized items listed in this scope of work.
Task l a: HUD 5-Year Consolidated Plan
I. Citizen Participation and Consultation: Develop a list of housing and community development stakeholders in
the County. Provide meaningful involvement of citizens, community-based organizations,businesses, elected
officials, housing and service providers in the planning process and regular consultation with county staff.
Develop a detailed Citizen Participation Plan that incorporates federal requirements.
2. Draft Executive Summaries as required.
3. Housing Market Analysis and Needs Assessment:Identify and accumulate statistical and analytical information
that provides an overall picture of the housing needs of the County. At a minimum, this assessment should
include the following:
CAO
• Housing supply and demand
• Housing affordability analysis
• Cost burdened households
• Housing types
• Housing conditions,including substandard units
• Disproportionate racial/ethnic group housing needs
• Specific housing objectives
• Needs of Public Housing
• Inventory of Local,State and Federal Assisted Housing
• Barriers to Affordable Housing
• Lead based paint hazards
4. Homeless Needs Assessment:At a minimum,this assessment should include the following:
• Inventory of emergency shelters,transitional housing and permanent housing for the homeless
• Needs of sheltered and unsheltered homeless
• Needs of subpopulations
• Needs of persons threatened with homelessness
5. Non-Homeless Special Needs Assessment:At a minimum,this assessment should include the following:
• Special Independent Living Needs and Issues for Persons with Physical and Mental Disabilities
• HIV/AIDS Population Housing Needs
• Supportive service needs
6. Community Development Needs:Identify non-housing community development needs,including:
• Public facilities and infrastructure improvement needs
• Accessibility needs
• Historic preservation needs
• Economic development needs
• Planning needs
• Public service needs
• Other community development needs
7. Housing and Community Development Strategic Plan: Based on the data gathered and analyzed from #3-6
above, develop a 5-year, strategic plan that brings needs and resources together in a coordinated housing and
community development strategy.At a minimum this plan should include the following:
• Establishment of Priority Needs
• Obstacles to Meeting Housing Goals and Objectives
• Geographical Areas-Investigate the need for a targeted area implementation plan or targeted economic
development area.
• Alleviating Overcrowding
• Concentration of Racial/Ethnic Minorities
• Involuntary Displacement
• Affordable Housing Strategy
• Homelessness Strategy
• Strategy to Address Barriers to Affordable Housing
• Public Housing Strategy
• Lead-Based Paint Hazard Strategy
• Anti-Poverty Strategy
• Programs to Assist Households with Incomes below the Poverty Level
• Coordination with other Programs and Agencies
• Community Development Priority Analysis and Strategy
• Institutional Structure Housing
• Public Services Community Development
• Strengths in the Institutional Structure
• Gaps in the Institutional Structure
• Coordination
• Implementation of Housing and Community Development Strategy
8. Identify Potential Funding Sources: Identify potential Federal grants and other available funding sources
available to the County for housing-related and community development activities. Suggest financial terms for
CDBG and HOME projects based on project type or related factors.
Task I b: Annual Action Plan
The County has one remaining Annual Action Plan under its current Consolidated Plan for program year 2025
which is included in this Scope of work,in addition to four(4)Annual Action Plans(AAP)for program years 2026
(included in the 2026-2030 Consolidated Plan), 2027, 2028, and 2029 that will fall under the Consolidated Plan
developed as part of Scope 1 a of this solicitation. All AAP shall be developed by the selected consultant as
required under 24 CFR Part 91.220 and consistent with the County's extant Citizen Participation Plan and
submitted using the eCon Planning Suite template in Integrated Disbursement and Information System (IDIS).
Task lc: Consolidated Annual Performance and Evaluation Report(CAPER)
This section includes the development and submission of five(5)CAPERS within 90 days of the end of the County's
Program year which occurs on September 30.The County conducts one of its two required public hearings during the
CAPER and expects a final draft ready for public comment period and internal agenda deadlines on or around
November 1.
Task 2:Affirmatively Furthering Fair Housing Plan(AFFH)
Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that Federal agencies and Federal grantees
further the purposes of the Fair Housing Act.This obligation to affirmatively further fair housing has been in the Fair
Housing Act since 1968(for further information see Title VIII of the Civil Rights Act of 1968,42 U.S.C. 3608 and
Executive Order 12892). On February 9, 2023, HUD published a Notice of Proposed Rulemaking entitled
"Affirmatively Furthering Fair Housing".The development of the Fair Housing Plan would have to comply with this
and any future interim or final rules made by HUD.
Task 3: HUD Part 58 Environmental Reviews
The firm selected shall prepare all Environmental Review Records for applicable federal undertakings as defined by
24 CFR Part 58 and deliver, in a format acceptable to HUD, to the County. This work will fall into two main
components:
a) Determine the applicability of a broad level Environmental Review at the commencement of the new
Consolidated Plan,and if applicable,conduct the review in accordance with 24 CFR Part 58.15
b) Perform project and/or site-specific Environmental Reviews as applicable, for proposed HUD activities of
varying levels,in accordance with 24 CRF Part 38.15.
10
Task 4: HOME Underwriting Services
Collier County needs a consultant to provide credit underwriting,subsidy layering,cost allocation,and market study
reviews for HOME-funded activities during the agreement period. In addition, the need for on-going technical
assistance and consulting as needed. The consultant will need to work in accordance with 24 CFR 92.250, HUD
Notice CPD 15-11,HUD Notice CPD 16-15,and other relevant HOME requirements,on an as needed,project specific
basis.
Task 5: Utility Allowance Determination
Compliance is vital to the successful implementation of HUD Entitlement projects or programs. The selected
consultant will annually determine the maximum monthly utility and services allowances for HOME-assisted rental
units using the HUD Utility Schedule Module (HUSM) or any other HOME allowable methodology where the
consultant is more experienced.
Task 6:Substantial Amendment(s)preparation and submission
Per CFR§91.505—Amendments to the Consolidated Plan,HUD requires substantial amendments to be available for
public review and comment and Board of County Commission approved,prior to submission to HUD,pursuant to the
approved Citizen Participation Plan. In addition to the Consolidated Plan, the consultant will be required to prepare
any additional substantial amendments(including Annual Action Plans)as required by HUD,to maintain compliance
with all Federal regulations and submit via IDIS.
Task 7:Local Policy/Procedure Development,as required
Collier County's internal controls require Policies and Procedures to be reviewed and amended(as necessary)every
three years. The consultant will be tasked with reviewing and developing policies and procedures that implement
specific program requirements under the CDBG,HOME,and ESG Programs.
The County has already identified the need for HOME Utility Allowance and NSPIRE Policy and Procedure manuals
for HOME-assisted rental units. The development of the UA Policy and Procedure shall conform and follow the
requirements as found in the HOME Final Rule at 24 CFR Part 92 and include the methodology by which the UA may
be updated annually, as required by HUD. As part of this Policy and Procedure development, the consultant shall
inform and recommend to the County the optimal methodology for the County's HOME program. The development
of the NSPIRE Policy and Procedure shall conform and follow the requirements as found in the NSPIRE Final Rule
at 24 CFR Part 5.703.
Task 8:Technical Assistance/Training Services
Services needed,but yet to be determined include,but are not limited to,the following:
• Additional services that may become required by HUD to maintain compliance for all entitlement grant
activities and services throughout the resultant agreement period.
• All public meeting notices and other HUD required public notice requirements are the responsibility of the
consultant.
• Development,preparation,public notice,and submission of any new HUD funding plans along with any
associated reporting.
• Availability to answer and train staff to specific HUD requirement inquires and work with staff
accordingly.
• On an ad hoc basis training will be provided for new HUD programs and regulations.
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Exhibit B
Fee Schedule
following this page (containing 1 page)
Page 14 of 15
Fixed Price Professional Service Agreement
[2024_ver.3]
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EXHIBIT B
FEE SCHEDULE
M&L Cost for Services for Collier County, FL
2026 2027 2028 2029 2030
1 a 5 Year Consolidated Plan $50,000
2025 2026 2027 2028 2029
lb 4 Annual Action Plan $15,000 $15,000 $15,000 $15,000
2023 2024 2025 2026 2027
Ic 5 Consolidated CAPER $12,000 $12,000 $12,000 $12,000 $12,000
2026 2027 2028 2029 2030
2 Affirmatively Furthering Fair Housing $40,000
2024 2025 2026 2027 2028
3 HUD Part 58 Environmental Reviews $11,000 $11,000 $11,000 $11,000 $11,000
5 Utility Allowance Determination $7,500 $7,500 $7,500 $7,500 $7,500
Additional Reimbursable Expenses $2,500
M&L Hourly Rates as of December 2023
Title Hourly Rate
President $290
Director of Community $225
Development
Senior Project Manager $195
Technical/Professional $175
Staff
Administrative Assistant $65
Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public(Federal, State or
local)transaction or contract under a public transaction;violation of Federal or State
antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal, State, or local)with commission of any of the offenses enumerated in
paragraph (I)(b)of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State,or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Wiilliam Wasielewski Professional Services for Administration of HUD Entitlement Grants
Name Project Name
President Solicitation 23-8189
Title Project Number
Northeast&Bucks Co. T/A
Mullin& Lonergan Associates 6Z4Q9
Firm CAGE Number
800 Vinial Street, Suite B414 PGDWFY649RW8
Street Address SAM.gov Unique Entity ID(UEI) Number
Pittsburgh. PA 15212
City, State, Zip
FCP-28
11/29/2023 6:52 AM p•
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EXHIBIT I 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. Access to Records
2. Administrative, Contractual or Legal Remedies
3. Conflict of Interest
4. Debarment
5. Domestic Preference
6. Energy Efficiency
7. Environmental Compliance (Clean Air and Water Acts)
8. EVerify
9, Equal Opportunity Provisions
❑ 10. Section 3
® 11. Utilization of Minority and Women's Businesses
❑ 12. Federal Labor Standards Provisions
(Davis Bacon, Copeland, and Contract Work Hours Act)
❑ 13. Guidance to Contractor for Compliance With Labor Standard Provisions
14. Grantee Recognition (Advertisement)
® 15. Historic Preservation
16. Lobbying Prohibition
❑ 17. Procurement of Recovered Materials
18. Prohibition of Certain Telecommunications and Video Equipment
19. Record Keeping and Retention
20. Religious Organizations
21. Copyright and Patent Rights
22. Termination
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
1. 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.
Florida Inspector General Cooperation-The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector
general to have access to any records,data and other information deemed necessary to carry out his or her duties and incorporate
into all subcontracts the obligation to comply with Section 20.055(5),Florida Statutes.
2. ADMINISTRATIVE, CONTRACTUAL, OR LEGAL REMEDIES Unless otherwise provided in this contract, all claims,
counterclaims,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.
3. 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 goveming 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.
4.DEBARMENT Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made
to parties listed on the government wide Excluded Parties List System in the System for Award Management(SAM),in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp., p. 189)and 12689(3
CFR Part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties List System in SAM contains the names of
parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549. The successful bidder, by administering each lower tier subcontract that exceeds
$25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project.
5. DOMESTIC PREFERENCES FOR PROCUREMENTS: (Reference 2 CRF § 200.322) (a) As appropriate and to the extent
consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award,provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to
iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all
subawards including all contracts and purchase orders for work or products under this award.(b)For purposes of this section:(1)
"Produced in the United States"means,for iron and steel products,that all manufacturing processes,from the initial melting stage
through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction
materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe;aggregates such as concrete;glass,including optical fiber;and lumber.
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.ENVIRONMENTAL COMPLIANCE If this contract exceeds$150,000,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$150,000.
8. E-VERIFY Vendors/Contractors shall: 1. utilize the U.S. Department of Homeland Security's E:Verify system to verity the
employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract;and 2.expressly require
any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of
Homeland Security's E:Verify system to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term.
FPC-2
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
9. EQUAL OPPORTUNITY
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:
i.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.
ii.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.
iii.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:
i.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.
ii.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.
iii.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."
iv.The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice, to be provided 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.
v.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.
vi.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
FPC-3
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
vii.ln 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.
viii.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 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 compliance 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
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Section 3 I Collier County, FL(colliercountyfl.gov)
(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 non-
construction 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 non-
construction Federal contracts and subcontracts covered under the Executive order.
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 origin 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, 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 in 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 Contractor's or Subcontractor's toward a
goal in an approved Plan does not excuse 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
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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 these
specifications,Executive Order 11246,or the regulations 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 specific affirmative actions to ensure 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 minority or 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 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
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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 supervisor's 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 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.
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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 maybe 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 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,or otherwise.
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,
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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
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.
10. "SECTION 3"TRAINING,EMPLOYMENT AND BUSINESS OPPORTUNITIES
I. 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.
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II. 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.
III. 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 contractors 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.
IV. The contractor agrees to include this S ection 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 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.
V. 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.
VI. 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.
VII. 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).
Additional Provisions§75.9 Requirements.
(a)Employment and training.
(1)Consistent with existing Federal,state,and local laws and regulations,PHAs or other recipients receiving public housing
financial assistance,and their contractors and subcontractors,must make their best efforts to provide employment and
training opportunities generated by the public housing financial assistance to Section 3 workers.
(2)PHAs or other recipients,and their contractors and subcontractors,must make their best efforts described in paragraph
(a)(1)of this section in the following order of priority:
(i)To residents of the public housing projects for which the public housing financial assistance is expended.
(ii)To residents of other public housing projects managed by the PHA that is providing the assistance or for residents of
Section 8-assisted housing managed by the PHA;
(iii)To participants in YouthBuild programs;and
(iv)To low-and very low-income persons residing within the metropolitan area(or nonmetropolitan county)in which the
assistance is expended.
(b)Contracting.
(1)Consistent with existing Federal,state,and local laws and regulations,PHAs and other recipients of public housing
financial assistance,and their contractors and subcontractors,must make their best efforts to award contracts and
subcontracts to business concerns that provide economic opportunities to Section 3 workers.
(2)PHAs and other recipients,and their contractors and subcontractors,must make their best efforts described in
paragraph(b)(1)of this section in the following order of priority:
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(i)To Section 3 business concerns that provide economic opportunities for residents of the public housing projects for
which the assistance is provided;
(ii)To Section 3 business concerns that provide economic opportunities for residents of other public housing projects or
Section-8 assisted housing managed by the PHA that is providing the assistance;
(iii)To YouthBuild programs;and
(iv)To Section 3 business concems that provide economic opportunities to Section 3 workers residing within the
metropolitan area(or nonmetropolitan county)in which the assistance is provided.
VIII. 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, including 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.
IX. 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 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.
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(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.)
(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 Gene ra I 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 o f 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
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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 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
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registered with the U. S. Department of Labor, Employment and 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.
(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.
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(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 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
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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.
X. 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 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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
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 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
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
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.
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.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.
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.LOBBYING(31 U.S.C. 1352)(Reference 2 CFR§200 Appendix II):Vendors must certify it will not and has not used Federal
appropriated funds have been paid or will be paid, by or to any person or organization for influencing or attempting to influence
an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member
of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of
any Federal contract,grant, loan,or cooperative agreement.The certification includes any lobbying with non-Federal funds that
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
takes place in connection with obtaining any Federal award.
17.NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract."
18. PROCUREMENT OF RECOVERED MATERIALS In the performance of this contract, the Contractor shall make maximum
use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance
requirements;or At a reasonable price.Information about this requirement,along with the list of EPA-designated items,is available
at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-
cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act.
19. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OF RELATED ACTS The contractor acknowledges
that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements)applies to the contractor's actions pertaining
to this contract."
20. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(Reference 2 CFR § 200.216) The Federal awarding agency prohibits the County to enter into a contract to procure or obtain
equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video
surveillance services provided by such entities or using such equipment. (i)(iii) Telecommunications or video surveillance
equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled
by,or otherwise connected to,the government of a covered foreign country.(b)In implementing the prohibition under Public Law
115-232, section 889,subsection(f), paragraph(1), heads of executive agencies administering loan,grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,institutions and organizations as is reasonably
necessary for those affected entities to transition from covered communications equipment and services,to procure replacement
equipment and services,and to ensure that communications service to users and customers is sustained.(c)See Public Law 115-
232,section 889 for additional information.
21.RECORD KEEPING AND RETENTION 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.
The Contractor shall maintain all records required by the grantor.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 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.
22.RELIGIOUS ORGANIZATIONS
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.
23.COPYRIGHT 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
FPC-19 CAO
EXHIBIT I FEDERAL CONTRACT PROVISIONS
all rights to invention or discovery,as well as rights in data which may arise as a result of the contractor's services.
24.TERMINIATION FOR CAUSE AND I 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 affected 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 affected 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
additional 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 govemment may take over the work and may award another 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.
FPC-20
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EXHIBIT I 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 Disposal Abatement and Control:Departmental Policy Implementation,
Act,as amended by the Resource Conservation and Recovery Responsibilities, and Standards,24 C.F.R.Part 51,Subpart B;
Act of 1975(42 U.S.C.,s.6901 et.seq.); 34. Flood Disaster Protection Act of 1973,P.L 92-234;
3. Florida Small a n d Minority Business Act, s.288.702-288.714, 35. Protection of Historic and Cultural Properties under HUD
F.S.; Programs,24 C.F.R.Part 59;
4. Florida Coastal Zone Protection Act,s. 161.52-161.58,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 hazards;
8. Treasury Circular 1075 regarding drawdown of CDBG funds. 40. Executive Order 11288.relating to prevention,control and
9. Sections 290.0401-290.049,F.S.; abatement of water pollution;
10. Rule Chapter 9B-43,Fla.Admin.Code.; 10.Department of 41. Cost-Effective Energy Conservation Standards,24 C.P.R.Part
Community Affairs Technical Memorandums; 39;
11. HUD Circular Memorandums applicable to the Small Cities CDBG 42. Section 8 Existing Housing Quality Standards,24 C.F.R.Part
Program; 882;
12. Single Audit Act of 1984; 43. Coastal Barrier Resource Act of 1982;
13. National Environmental Policy Act of 1969 and other provisions 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 et.seq.;
of law which further the purpose of this Act; 45. Title VI of the Civil Rights Act of 1964 Non discrimination;
14. National Historic Preservation Act of 1966(Public Law89-665)as 46. Title VII of the Civil Rights Act of 1968 Non-discrimination in
amended and Protection of Historic Properties(24C.F.R.Part housing;
800); 47. Age Discrimination Act of 1975;
15. Preservation of Archaeological and Historical Data Act of 1966; 48. Executive Order 12892-Fair Housing
16. Executive Order 11593-Protection and Enhancement of Cultural 49. Section 109 of the Housing and Community
Environment; Development Act of 1974,Non-discrimination;
17. Reservoir Salvage Act; 50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.Part
18. Safe Drinking Water Act of 1974,as amended; 8;
19. Endangered Species Act of 1958,as amended; 51. Executive Order 11063-Equal Opportunity in Housing;
20. Executive Order 12898-Environmental Justice 52. Executive Order 11246-Nondiscrimination;
21. Executive Order 11988 and 24 C.F.R.Part 55-Floodplain 53. Section 3 of the Housing and Urban Development Act of
Management; 1968,as amended-Employment Training of Lower Income
22. The Federal Water Pollution Control Act of 1972,as amended(33 Residents and Local Business Contracting;
U.S.C.,s.1251 et.seq.); 54. Uniform Relocation Assistance and Real Property
23. Executive Order 11990-Protection of Wetlands; Acquisition Policies Act of 1970,P.L., 100-17,and 49 C.F.R.
24. Coastal Zone Management Act of 1968,as amended; Part 24;
25. Wild and Scenic Rivers Act of 1968,as amended; 55. Copeland Anti-Kickback Act of 1934;Hatch Act;
26. Clean Air Act of!977; 56. Title N Lead-Based Paint Poisoning Prevention Act(42 U.S.C.,
27. HUD Environmental Standards(24 C.F.R.Part 58); s. 1251 et.seq.);
28. Farmland Protection Policy Act of 1981; 57. OMB 2 CFR Part 200
29. Clean Water Act of 1977; 58. Administrative Requirements for Grants,24 C.F.R.Part 85;59.
30. Davis-Bacon Wage Rate Act; Section 02 of the Department of Housing and Urban
31. Contract Work Hours and Safety Standards Act of 1962,40 Development Reform Act of 1989 and 24 C.F.R.Part 12.
U.S.C.s.327 et.seq;
32. Florida Statute 287.134, Discriminatory Vendors List
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
SECTION 3 REQUIREMENTS
What is Section 3?
Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 that helps foster local economic development,
neighborhood economic improvement,and individual self-sufficiency.The Section 3 program requires that recipients of certain HUD
financial assistance,to the greatest extent feasible, provide job training,employment,and contracting opportunities for low-or very-
low-income residents in connection with projects and activities in their neighborhoods.
How does Section 3 promote self-sufficiency?
Section 3 is a starting point to obtain job training,employment and contracting opportunities. From this integral foundation coupled
with other resources comes the opportunity for economic advancement and self- sufficiency.
• Federal,state,and local programs
• Advocacy groups
• Community and faith-based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities,
they have begun the first step to self-sufficiency.
Remember,"It doesn't have to be fields of dreams".Homeownership is achievable.For more information visit our HUD website.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below
HUD's income limits as provided below.
SECTION 3 INCOME LIMITS
(FY 2023 Income Limits from www.huduser.orq)
All residents of public housing developments and those participating on the Section 8 program qualify as Section
3 residents.Additionally,individuals residing in Collier County who meet the income limits set forth below also
qualify for Section 3 status.
A picture identification and proof of current residency is required.
Eligibility Guidelines
Number in Household Very low-income(50%) Low income(80%)
1 person $34,950 $55,950
2 person $39,950 $63,900
3 person $44,950 $71,900
4 person $49,900 $79,850
5 person $53,900 $86,250
6 person $57,900 $92,650
7 person $61,900 $99,050
8 person $65,900 $105,450
Determining Income Levels
• Low income is defined as 80%or below the median income of that area.
• Very low income is defined as 50%or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time,permanent staff;or
• Provides evidence of a commitment to subcontract to Section 3 business concerns,25 percent or more of the dollar amount
of the awarded contract.
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
What programs are covered?
Section 3 applies to HUD-funded Public and Indian Housing assistance for development,operating,and modernization expenditures.
Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation,
housing construction,and other public construction.
What types of economic opportunities are available under Section 3?
• Job training
• Employment
• Contracts
Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is
subject to compliance with Section 3.
Examples of Opportunities include but not limited to the list identified:
• Accounting • Iron Works
• Architecture • Janitorial
•Appliance repair • Landscaping
• Bookkeeping • Machine Operation
• Bricklaying • Manufacturing
• Carpentry • Marketing
• Carpet Installation • Painting
• Catering • Payroll Photography
• Cement/Masonry • Plastering
• Computer/Information • Plumbing
• Demolition • Printing Purchasing
• Drywall • Research
• Elevator Construction • Surveying
• Engineering • Tile setting
• Fencing • Transportation
• Florists • Word processing
• Heating
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EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities.They and their contractors and subcontractors are
required to provide,to the greatest extent feasible,economic opportunities consistent with existing Federal, State,and local laws
and regulations.
Who receives priority under Section 3?
For training and employment:
• Persons in public and assisted housing
• Persons in the area where the HUD financial assistance is spent
• Participants in HUD Youth build programs
• Homeless persons
For contracting:
Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD assistance is
being spent.Effective ways of informing residents about available training and job opportunities are:
• Contacting resident organizations,local community development and employment agencies
• Distributing flyers
• Posting signs
• Placing ads in local newspapers
Are recipients, contractors, and subcontractors required to provide long- term employment opportunities, not simply
seasonal or temporary employment?
Recipients are required,to the greatest extent feasible,to provide at types of employment opportunities to low and very low-income
persons,including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time
staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement.
This encourages recipients to continue hiring Section 3 residents when employment opportunities are available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for either may file a complaint if it seems a
recipient is violating Section 3 requirements are being on a HUD-funded project.
Will HUD require compliance?
Yes.HUD monitors the performance of contractors,reviews annual reports from recipients,and investigates complaints. HUD also
examines employment and contract records for evidence that recipients are training and employing Section 3 residents and awarding
contracts to Section 3 businesses.
FCP-24
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EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with either the regional or local offices below.
ATLANTA REGIONAL OFFICE
U.S.Department of Housing and Urban Development Southeast Office
40 Marietta Street
Atlanta,GA 30303
(404)331-5140
(800)440-8091
Fax:(404)331-1021
Email:complaints office 04(@.hud.gov
LOCAL HUD FIELD OFFICE
Public Housing and Community Development
701 NW 1st Court, 16th Floor;Miami,FL 33136
Section3@miamidade.gov
A written complaint should contain:
• Name and address of the person filing the complaint
• Name and address of subject of complaint(HUD recipient,contractor,or subcontractor)
• Description of acts or omissions in alleged violation of Section 3
• Statement of corrective action sought i.e.,training,employment,or contracts
Additional information may be found at HUD's Section 3 website
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/section3/section3
FCP-25
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EXHIBIT I FEDERAL CONTRACT PROVISIONS
DAVIS BACON ACT IS APPLICABLE YES NO
DEPARMENT OF LABOR GENERAL WAGE DECISION CAN BE FOUND AT THE END OF THIS DOCUMENT
WHEN APPLICALBE
FCP-26
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EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS ARE REQUIRED TO BE RETURNED WITH THE SOLICIATION
RESPONSE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary
Covered Transactions
2. Conflict of Interest
3. Anticipated DBE, M/WBE or VETERAN Participation Statement
4. Certification Regarding Lobbying
5. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
6. Certification of Payments to Influence Federal Transactions
7. Acknowledgement of Grant Terms and Conditions
FCP-27
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public(Federal, State or
local)transaction or contract under a public transaction;violation of Federal or State
antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal, State, or local)with commission of any of the offenses enumerated in
paragraph (I)(b)of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
William Wasielewski Professional Services for Administration of HUD Entitlement Grants
Name Project Name
President Solicitation 23-8189
Title Project Number
Northeast&Bucks Co. T/A
Mullin& Lonergan Associates 6Z4Q9
Firm CAGE Number
800 Vinial Street, Suite B414 PGDWFY649RW8
Street Address SAM.gov Unique Entity ID(UEI) Number
Pittsburgh, PA 15212
City, State, Zip
FCP-28
11/29/2023 6:52 AM P.54
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Conflict of Interest Certification
Solicitation 23-8189
Collier County Solicitation No.
I, William Wasielewski , hereby certify that to the best of my knowledge,
neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an
officer, director, trustee, general partner or employee, or any person or organization with whom I am
negotiating or have an arrangement concerning prospective employment has a financial interest in this
matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household.Also, to the best of my knowledge, no member of my household; no relative with
whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks
employment; and no organization with which I am seeking a business relationship nor which I now serve
actively or have served within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as
described above that would be affected by the matter,and to disclose any interest I,or anyone noted above,
has in any person or organization that does become involved in,or is affected at a later date by,the conduct
of this matter.
William Wasielewski �' '� C "`
Name Signature
President
I tl — ) �t
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this information. The primary use of the information on this form is
for review by officials of The Justice Department to determine compliance with applicable federal conflict of
interest laws and regulations.Additional disclosures of the information on this report may be made: (1)to a
federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or
potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding
if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when
necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National
Archives and Records Administration or the General Services Administration in records management
inspections; (5) to the Office of Management and Budget during legislative coordination on private relief
legislation; and (6)in response to a request for discovery or for the appearance of a witness in a judicial or
administrative proceeding, if the information is relevant to the subject matter. This confidential certification
will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2
executive branch-wide Privacy Act system of records.
FCP-29
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COWER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Stastrs will be+a illect Ut tt fable statuses vrOl require the liendorjltrinte Contractor to either pewide are'+Med statement or t.Nile zie to[rrco
46 cumentbtron that vatidstet a status. Contractor means an entity that teatimes a centt;x t.
A. VENDOR/PRIME CONTRACTOR INFORMATION
NAME P3 to TEO Jvar9. CONTRACT OOt.£AR AMOUNT
Northeast&Bucks Co.T/A 23-2095300
Mullin&Lonergan Associates
cs era ftSMtAILOICl0AOR Ia.iDoiSADVANIAGED, vrTtM'? r Q 2STitt Amor or THIS CONTRACT,
MLYWuri!(*WOMENii,eltsia.sEN !trot OBC? Y ® CONSTRUCTION? r
DSE/MBEt*Bt)?OR HAVE A SMALL INSADVAN1AGLP
Waite/tea EA CM*/CANON I ROM INS SMALLaJStVESS MBE? Y CONSULTATION? 0 N
AOMSN1STRANONI ORAStwvietMAE:tDVETERAN) WBE? Y ® OTHER? r
SCAT SA? T
IS THIS SUItY&SIONAREVIS!ONT Y ty It'YES.REVIION ActMTEA
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISA I F0 VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
CSC,MBE,vial SUBCONTRACTOR OR SUPPU/R TYPE OF WORJ Oft ETNVIOTY CODE PERCENT OF CONTRACT
YET,SMB*A NAME SPECIALTY Eke Baba) DQUARS
N/A
IOTA.>
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUDMITTTA OATS TITLE OF SUBMITT1R
William Waslelewski I/ I I /10 Z14 President
����..EMAII ADOR[SS OF PRtMF(SUaMITTERl TTUEPAONE NUMBER FAIL NUMBER
bil w@mandl.net 412.323.1950 717.731.9471
NOTE:This information Is awed to had and t eport ar.t r.#stted ODE or&1St part klpillon in kderafy funded earCU.scts.The ants rpated OBE et
MBE amount is vdVMa ry and arta not bet-one part of the contractual terms.This lama mmt be uttuNtted at drat of teoponie to a
solicitation. ..I and when awarded a Co.rrty c{+Miatt,the prime wW be inked to update the lniormaiktn Ter the aunt compliance fzcs.
CTttNKTTT tart
bled Ateeneae EtA
H.vya tic re,erirto 'eIA
NativeAmatlear. NA
Sabcore Asian Anerie.rt SAA
Asian Pad1k Anaemae AM
Non Minor,ty Wotrr NMW
Other:net of any other group Rated 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAVE tra,a,titDOWMC'I a.c MOP GRANT PROGRAM/CONTRACT
ACCEPTED ETC DATE
FCP-30
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57
Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Certification of Lobbying
The undersigned Northeast&Bucks Co.T/A Mullin&Lonergan Associates(Vendor/ Contractor) certifies, to the best of
his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government
wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31,U.S.C.§1352(as amended by the Lobbying Disclosure Act of 1995). Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than$100,000 for each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that
all such subrecipients shall certify and disclose accordingly.
Northeast&Bucks Co.T/A
The Vendor/Contractor, Mullin&Lonergan Associates , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands
and agrees that the provisions of 31 U.S.C.A 3801, et seq., apply to this certification and disclosure, if any.
William Wasielewski Name of Authorized Official
President � ) Title
r. V" — St of Vendor/Contractor's Authorized Official
Date
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Acknowledgement of Religious Organization Requirements
24 CFR 570.200(j)
In accordance with the First Amendment of the United States Constitution "church/state principles,"
Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided
to primarily religious entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is,
or may be deemed to be, a religious or denominational institution or an organization operated for
religious purposes which is supervised or controlled by or operates in connection with a
religious or denominational institution or organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must
agree to the following:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of
religion and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing,and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under
this agreement shall contain no sectarian or religious symbols or decorations;and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore
any facility, which is owned by the provider and in which the public services are to be provided.
However, minor repairs may be made if such repairs are directly related to the public services
located in a structure used exclusively for non-religious purposes and constitute in dollar
terms, only a minor portion of the CDBG/NSP expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that
eligibility of my organization's project depends upon compliance with the requirements contained in this
agreement.
Northeast&Bucks Co. T/A Mullin&Lonergan Associates
(Company) (�
r. W c_ _._ -- -- t t. J.
(Signature) (Date)
William Wasielewski
(Print Name)
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Certification of Payments to Influence Federal Transactions
HUD COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM
The undersigned certifies, to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered 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.
I hereby certify that all the information stated herein, as well as any information provided in the
accompaniment herewith, is true and accurate.Warning: HUD will prosecute false claims and statements.
Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729,3802)
William Wasielewski President
Name of Authorized Official Title
Signature Date
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Collier County Solicitation 23-8189
EXHIBIT I.A FEDERAL CONTRACT PROVISIONS
COLLIER COUNTY
Acknowledgement of Terms, Conditions and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be available to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this agreement. For each subcontract, the Recipient shall provide a written
statement to the Department as to whether the subcontractor is a minority vendor as defined in Section
288.703, Fla. Stat.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant
requirements identified in this solicitation document(s).
Northeast&Bucks Co.T/A
Mullin &Lonergan Associates
Vendor/Contractor Name Date ( t• '
Authorized Signature L.ki '_.t
Address 800 Vinial Street. Suite 5414. Pittsburgh PA 15212
Solicitation/Contract# RFP 23-8189
02/15 R3
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