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Backup Documents 10/22/2024 Item #16D 1 (Northeast & Bucks Co.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 1 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 Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office i/16 101 Z/z- 4. BCC Office Board of County Commissioners /fP 15I (0/Z Z 4. Minutes and Records Clerk of Court's Office i01.2-424 CI,16 a 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,mai 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 65l 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 L3'S an option for Chairman's signature. this line. 9 FIXED FEE PROFESSIONAL SERVICE AGREEMENT1601 # 23-8189 for Professional Services Agreement for Administration of HUD Entitlement Grants THIS AGREEMENT, made and entered into on this 22 day of 0&tob.eI , 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 Ill upon the date of Board approval; or [ Ion " ---,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 r; ay' at4ts discretion-and with the consent of the Contractor,. renew the..Agreement--under it of the terms-and'conditions-contained in-this-Agreementll 1�. for _ --___ _—(_.).,additional (. )_year(s,)_per od .....The-County-shall give-the_,,.Cen'tr-actor written notice.,.._of..-,-the.^-Gotinty'.s-"intenton"'-to renew--the Agreement-term.prior_to-the.end the-Agreement term-then in,.effect." i �y l�..�i i i�..�� �i prior end of a Yam. ty,�.� i i�.ri� term-then 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 (U Purchase Order n Notice to Proceed I I Work-Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Request for Proposal (RFP) ❑ invitation-to Bid-(]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. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Pagel of 15 Fixed Price Professional Service Agreement [2024_ver.3] CA0 16 Di 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): 0 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-Goenty-agrees--to-pad-the-o® raetGFfsr---the--arn -t ubeor traotere--te-perform the-w e-times-touts};and---#or---materials-and-eq+ ent used in Oho project__. he contracte{'l --m; up*--ThiS thodelogy--ie--genera used--i rojects--.ira--which--it-Es-net-possilals--te--aceuratoiy estimate the-size of the--projeet;er--w he-projeot requirements-would n cst kely- +mange:-As---a--goner-al---buci, ess--practice these ceatreets-inetude-bael� up decarnel�tatien of-coo ; of-hours worked—a deornpany (or subcontractor) timel ee-pirag---or-• payr uipmer t-in wires; and-. ether reirnbursable-doeumentatio ❑ Unit---P-0e : eosts-i el ding--labor,- ater-ialsT-equEpo ant,--overhead;-ate:-)-for--, -re lative ,product er sue,' palage er cartons---etc4.—The- invoice-- lst--identify---t -unit-price_...and-the-rumber of units recei'veEl4n0-oentraeter in v entory,-or oast-ven anon)` 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). Page 2 of 15 Fixed Price Professional Service Agreement [2024_ver.3] S 16U1 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 ❑ Tr l'- nd---"4 "i 1 bu sabl - ma's d?'ei-r bu saw Expenses ,ap ved-i -edvance . it g_by-th y Travel-expensea shall b'e-'rei F4a Stats. Reim. l-ie e4ollawin --rate: Mileage cry0.44.5...per-mile Breakfast $6.00 Lunch $ 1':-00 Dinner $49700 Airfare Actual"tie class-fare Rental-ear Re etal-ear Actua -rental'-cost-1 iter-to--c€ pac-t--er Standard-Size-A_ hedging Aetua4-cost of lodging-at-single-occupancy rate-with-a no more than er night Parking Actual-east-of parking Taxi-er-Airport-Li GU-Sine Aetuakeost-of either-taport-limousine Reimbursable-item s -pen sp �s all-beiyy1 }h o iI TI 'tV CT"f,.r �7Y1Iing: telephone --long distance..-char s;--fax charges;_ photocopying---charges—and pVJ tage:""ppi b ursu Ie :+ern "wf --b paid only-after vvnira oP-ha e-pro id receipts Gontractor-shall be responsible fir-"all other- sts-wend"'-expenses associatedwith a ctivitie-s-anci-socitetions-en lertal'cen-parseant-tethis",4gfeernent: 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. Page 3 of 15 Fixed Price Professional Service Agreement [2024_ver.3] CAO 16131 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. Page 4 of 15 Fixed Price Professional Service Agreement [2024_ver.3] S 16D1 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. IN 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. 1.1 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. ■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement [2024_ver.3] Cq� 16D1 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. ❑■ 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. ❑ C,ber..Liability: Coverage-shall...have-minimum limits off..$. per--occurrence: F. ❑ Technology-Errors-and missions: Cover-age-shall-hove--minimum limits of,,.$............. per-occurrence. G. ❑ Watercraft: Coverage she!! have minimum-limits-of,., pe occurrence. H. ❑ United States Longshoreman's-a-nd Harbor- Act Coverage shall be-maintaainedi...where applicable to the-completion-of-the-work .......___ .....,.,.. pr//�� applicable w � ��i i�ti� i per,occurrence. i., ❑ maritime-C ov era (Jones-..Act) G vera'ge.s.ha'll...ha e.,,,minknurn iir t&-Of er-occurrence: -: ❑ (other): Coverage_-shall_have minim -limts-of$ - - _._ __ _.__--per-occurrence: K ❑ `other): Coverage shell have minimum limits-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, Page 6 of 15 Fixed Price Professional Service Agreement [2024_ver.3] Cq0 16 D1 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, n RFP/ ❑ ITB/ n thQr ......_ ... ..... .._._ ...._.._.__. ...__.__________.. ._ .__.___ _... _) #23-8189 Page 7 of 15 Fixed Price Professional Service Agreement [2024 ver.3] Ir tc), 6D1 including Exhibits, Attachments and Addenda/Addendum, ■I subsequent quotes, and n 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.gov Page 8 of 15 Fixed Price Professional Service Agreement [2024_ver.3] C'q0 16D1 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. Page 9 of 15 Fixed Price Professional Service Agreement [2024_ver.3] OCA 16D1 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. ❑, KEY-PERSONNEL. The Contractor's personnel and management to-be-utilized for this-project-s ha II--be Rev^.dodgeablein-t leir,,,,areas.of expertise.--The-.County-reserves the-right-to perform-investigations-as-may-be-deemed-necessar,"....to-ensure-that competent--persons---wi!l be-utilized-in- the-performance-of-the-Agreement.--The Contractor....shall.....assign as manypeople-as..-necessary_to....complete the...services...on....a timely basis,---and-each person assigned shall-..be. available for an amount-of-••t•irre. ni��ate hr_a required service dates e Contractor n adequate-to-meet-the fL4tmt IV required VlA service IVV dates. Contractor UVlV1 shall not-change Iange key Personnel unless-the following conditions are met: (4).Proposed replacement: have substantially-the-same or better-qualificationsand/or-experience. (2 atwt County is--notified r-writirig-ac-far-an--advance-es-pcssib!e,.-The Col<ztrac-tom--shall male commercially reasonable-efforts-to notify-Collier Coui ty-within_"seser 7-)-stays-of.the change..,The--County-_retains final approval of proposed replacement-personnel. ❑■ 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-OF--PRECEDENCE.""-!n-the event--of-any conflict between or among-the terms of any-of the Contract Documents, -the of solicitation the-Contractor's vvvui ivi�� terms c�i r Proposal,---and/or the-County's Board-a p'proved-ExeVutive Su maryT „the„Gentfact Documents-shall take precedence: ill 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] O 16 D1 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(ci7colliercountyfl.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] S 16 D1 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......„ rs, , a4v1114611( 4.:,. ,' ;',By: '. _ - )-<46-4-(4-(-i71._\W =+ a Dated. : Chris Hall, Chairman etastoCna/0 / o,L+ signature only ''A ,' ';','Contractor's Witnesses: • Northeast&Bucks Co.dibia Mullin Lonergan&Associates Contractor A" . By: C. &)c Contractor's First Witness Signature Jl,1 t U - rc i1 -toolOergg `Type/print signature and titleT TType/prriinn�t witness name, M414.4-t-j244-; Contractor's Second Witness Ann AlOrie. /a ee le w.. e (Type/print witness name Approved as to Form and Legality: v.-2. c...._\...„... County Attorney Print Name Page 12 of 15 Fixed Price Professional Service Agreement [2024_ver3] 1601 Exhibit A Scope of Services 0 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 � 601 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 20 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 la:HUD 5-Year Consolidated Plan 1. 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: Cq0 16D1 • 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 1601 • 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 lb: 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 la 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. 16D1 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. Cq o 1 6 D Exhibit B Fee Schedule following this page (containing 1 page) Page 14 of 15 Fixed Price Professional Service Agreement [2024 ver.3] Colo 1601 EXHIBIT B FEE SCHEDULE M&L Cost for Services for Collier County, FL ‹ui Description :•. ... ..._ eta . 2026 2027 2028 2029 2030 la 5 Year Consolidated Plan $50,000 2025 2026 2027 2028 2029 I b 4 Annual Action Plan $15,000 $15,000 $15,000 $15,000 2023 2024 2025 2026 2027 lc 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 1 6 D1 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. Cq0 1601 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 FPC-1 i6D1 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 S 1601 EXHIBIT I FEDERAL CONTRACT PROVISIONS 9. EQUAL OPPORTUNITY a. Activities and Contracts Not Subject to Executive Order 11246,as Amendel (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 CA i 601 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 Offerers 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 FPC-4 C40 i6D1 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 FPC-5 Cqo 6D1 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 FPC-6 C40 6D1 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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. FPC-7 C4c i6Di EXHIBIT I FEDERAL CONTRACT PROVISIONS 12. The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 13. The Contractor,in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at least as extensively as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its effort to ensure equal employment opportunity.If the Contractor fails to comply with the requirement of the Executive Order,the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records shall at least include for each employee,the name,address,telephone numbers,construction trade,union affiliation, if any,employee identification number where assigned,social security number,race,sex,status(e.g.,mechanic,apprentice trainee, helper,or laborer),dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). E. Certification of Non-Segregated Facilities(Construction Contracts over$10,000) The contractor does not maintain or provide for its employees to perform their services at any location, under its control, where segregated facilities are maintained.The contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it will not permit employees to perform their services at any location, under its control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants,and other eating areas,time clocks,locker rooms,and other storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas, transportation and 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, FPC-8 C,40 601 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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. FPC-9 S t601 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the S ection 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the 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: FPC- 10 1601 EXHIBIT I FEDERAL CONTRACT PROVISIONS (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 concerns 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. FPC- 11 Si 1601 EXHIBIT I FEDERAL CONTRACT PROVISIONS (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 FPC-12 i601 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 FPC-13 e"-1 CAO 16D1 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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. FPC- 14 CAO EXHIBIT I 6 0 1 FEDERAL CONTRACT PROVISIONS (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 FPC-15 CAO 6D1 EXHIBIT I FEDERAL CONTRACT PROVISIONS 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 FPC- 16 'AO 6D1 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 FPC- 17 CAO � 601 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 FPC- 18 CAO 1601 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 I6D1 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 government 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 i 6 D 1 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 FPC-21 CAO 16 D1 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.org) 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. FPC-22 S i601 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 FPC-23 S 1601. 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 all 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 1601 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 04hud.qov 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 CqO 6D1 EXHIBIT I.A FEDERAL CONTRACT PROVISIONS DAVIS BACON ACT IS APPLICABLE I YES ZNO DEPARMENT OF LABOR GENERAL WAGE DECISION CAN BE FOUND AT THE END OF THIS DOCUMENT WHEN APPLICALBE FCP-26 Cq0 I6DI 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 CAO 1601 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 CAO i613 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. ki William Wasielewski kiJ' Gt" Name Signature President I j l ' �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 1/2/2024 7:42 AM p9 60 Collier County Solicitation 23-8189 0 1 EXHIBIT LA FEDERAL CONTRACT PROVISIONS COWER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status wDf be vlt;;aef. U#nvretfnttr statuses wBl rNulte the V&sidi4Pvinsie Cortrartm to tflt;e/pun ir?s c rrrbs--J ttattt4ef.1 of#apvf.de wwca aJotoMentatkxn that te3idafet a status. Conti.ct4 t meson an entity that rCVOs?: a COattts'.to A. VENDOR/PRIME CONTRACTOR INFORMATION PRIMEhiAAME f M'f€LDl JM9ER CONTRACT DOLLAR AMGUNT Northeast&ducks Co.DA 23-2095300 Mullin&Lonergan Associates istNtPkM(Aftt7GtIDAGtII-i-t0OISADVANt AGED, VETERAN? Y L :STIFF ACTIVITYOf TIES CONTRACT_ MtNDELIYDRINDMENb=hiktSAIN ttYsttsE OBC? Y ® ODNSTRL`CTiONt Y SoftJMBE/WBE)t OR NAVE A SMAtl WSaDVANOAGLO y�..fti7Hit.EA RIlfUCAnONf ROM I Ht WW1 G;tuhf5,4 MU? Y CONSULTATION? 0 N tutmmtSTRAfirmm? ORA Shook.t DP:.ABQED VETERAN, WIlEt Y 0 OTHER? Y SOB SC Y S T€d€S 5!IAT' ON A RMR?ONt Y 0 IIF YES,RESIMON NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE D1SARI co VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION CM,Mat,WBE SUBCONTRACTOR OR SUOPUt* TYPE OF WORK Oft ETNYtOTY CODE PERCENT Of CONTRACT VET,SWUM NAME SPEQAITY ISeeBabw1 DOIAARS N/A IOTA. C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAVE OF STAMMER DATE rut OF SUBMiTTiR William Wasielewski I/ I I 2O24 President EMAitDD ARESS 0i PR7%E(SUBMfiTERJ 1TLE OhE NUMBER TAIT NUMBER billw©mandl.net 412.323.1950 717.731.9471 NOTE:This inforrnatbn sseed to Deck and report aria gated DBE or Met parlkip3Uon t IedetafY funded(antrscts.Ma amvafuted DBE or MBE amount it totunta ry and win not became pail of the comiattwt term.Tilts form must be submitted at time of response tea s0Bdtatksn :f and when awarded a Crawly contIact,the prime will be asted to update the Information for the grant compitsrsce Limon CODE Brad Americo BA.. It:-spank An'erLCA/i Natwa Arm:deer NA Subcont Aslae An.esk;:n SAA Asian Padfk Aired ue AM Nano Mfro,ty W nri NMW Other.not of arty other graupfitted 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT HAVE K Wit kW I C;f 6,04Ro+MAT;Tt GRANT PROGRAM/CONTRACT ACCEPTED ay: DATE FCP-30 1/2/2024 7:42 AM 57 CAO 16D1 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 r J Title 1 ' �" - Signature of Vendor/Contractor's Authorized Official Date FCP-31 1/2/2024 7:42 AM p.58 CAO 16D1 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)( W.AL.Ad 0. 9W c_ t (Signature) (Date) William Wasielewski (Print Name) FCP-32 1/2/2024 7:42 AM p.59 Cq0 Collier County Solt ita on 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 (yName of Authorized Official Title "W }w (`• "W Signature Date FCP-33 1/2/2024 7:42 AM p.80 S 1 6 D 1 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 I ' 1 `i Authorized Signature lhJ ' Address 800 Vinial Street. Suite B414. Pittsburgh PA 15212 Solicitation/Contract# RFP 23-8189 02/15 R3 FCP-34 1/2/2024 7:42 AM p.61 CAO