Agenda 11/14/2017 Item #16D2611/14/2017
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 17-7165 to multiple firms to provide
construction-related expertise and review for grant-funded residential rehabilitation projects.
OBJECTIVE: To obtain temporary personnel to provide technical project oversight of grant-funded
construction and rehabilitation to ensure cost reasonableness and grant compliance.
CONSIDERATIONS: Community and Human Services (CHS) has identified the need to contract for
professional services to augment County Staff on an “as needed” basis to provide specialized services as
it relates to construction inspection, cost estimation, and contract review allowing the division to ensure
that costs are reasonable and allowable.
On July 6, 2017, the Procurement Services Division (Procurement) released the solicitation for temporary
personnel. On August 9, 2017, Procurement received proposals from temporary personnel companies; this
solicitation included grant requirements, and therefore, the County’s Local vendor preference policy was
excluded. A total of 413 notices were sent out electronically, with seventy-two (72) companies
downloading the solicitation packet. A total of five (5) qualified bidders responded. A bid tabulation sheet
is attached for review.
ITB 17-7165 Temporary Personnel includes an overhead pricing system that will provide the necessary
services to County Departments. Bidders were asked to bid fixed markup rates that would be applied to
the actual pay rate for each temporary employee they provide.
Staff reviewed the bids and recommend the two lowest, responsible and responsive bids were from
RedCon Solutions Group and SoftHQ, Inc.
Category of Work RedCon Solutions Group Markup SoftHQ, Inc. Markup
1: Contract Spec Writer 21% 23%
2. Construction Cost Estimator 21% 23%
3. Customer Service Clerk 21% 23%
4. Senior Field Inspector 21% 23%
5. Construction Inspector 21% 23%
Staff recommends that the Board of County Commissioners (Board) awards a contract with RedCon
Solutions Group with an effective date of November 14, 2017, as the primary contractor and SoftHQ as
the secondary.
FISCAL IMPACT: The expenses to be incurred by CHS are estimated to be approximately $50,000
annually. Funds are budgeted in the respective grant fund cost centers. Other departments may use these
services and funding is available in operating budgets.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To approve the award of ITB 17-7165 Temporary Personnel to RedCon
16.D.26
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11/14/2017
Solutions Group as the Primary firm and SoftHQ, Inc. as the Secondary, and authorize the Chairman to
execute the attached contracts to be effective as of November 14, 2017.
Prepared By: Kristi Sonntag, Federal/State Grant Manager, Community and Human Services Division
ATTACHMENT(S)
1. 17-7165 NORA (PDF)
2. [Linked] 17-7165_TemporaryPersonnel ITB (PDF)
3. [Linked] 17-7165 REDCON_Contract_VendSign (PDF)
4. 17-7165 SoftHQ_Contract_VendSign (PDF)
16.D.26
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11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.26
Doc ID: 4037
Item Summary: Recommendation to award Invitation to Bid (ITB) 17-7165 to multiple firms to
provide construction-related expertise and review for grant-funded residential rehabilitation projects.
Meeting Date: 11/14/2017
Prepared by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/23/2017 12:51 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
10/23/2017 12:51 PM
Approved By:
Review:
Community & Human Services Maggie Lopez Additional Reviewer Completed 10/24/2017 8:52 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 10/27/2017 9:54 AM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/30/2017 6:37 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/30/2017 7:35 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/30/2017 8:23 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/30/2017 11:13 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 10/31/2017 9:03 AM
Procurement Services Swainson Hall Additional Reviewer Completed 11/01/2017 9:05 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 11/02/2017 3:00 PM
Procurement Services Ted Coyman Additional Reviewer Completed 11/02/2017 3:06 PM
Grants Erica Robinson Level 2 Grants Review Completed 11/03/2017 8:15 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/03/2017 8:24 AM
Grants Therese Stanley Additional Reviewer Completed 11/03/2017 3:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2017 2:18 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/08/2017 2:23 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
16.D.26
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16.D.26.a
Packet Pg. 1504 Attachment: 17-7165 NORA (4037 : Temporary Staffing personnel)
ITB 17-7165 Temporary Personnel
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GRANT FUNDED
INVITATION TO BID
Date: July 6, 2017
From: Brenda Brilhart, Procurement Strategist
(239) 252-8446, Telephone Number
(239) 252-6697, FAX
BrendaBrilhart@colliergov.net, Email Address
To: Prospective Vendors
Subject: ITB 17-7165 Temporary Personnel
As requested by the Community and Human Services Division, the Collier County Board of
County Commissioners Procurement Services Division has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and any
applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to
questions will be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County’s competitive procurement process.
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Invitation to Bid
Index
PUBLIC NOTICE................................................................................................................................................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................................. 4
EXHIBIT II: GENERAL BID INSTRUCTIONS ............................................................................................................. 8
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS ...................................................................................... 16
ATTACHMENT 1: VENDOR’S NON‐RESPONSE STATEMENT ................................................................................. 22
ATTACHMENT 2: VENDOR’S CHECK LIST ............................................................................................................. 23
ATTACHMENT 3: VENDOR RESPONSE FORM ...................................................................................................... 24
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ...................................................................... 26
ATTACHMENT 5: VENDOR SUBSTITUTE W – 9 .................................................................................................... 26
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS ........................................................................... 27
EXHIBIT A: GRANTING AGENCY REQUIREMENTS ................................................................................................ 29
EXHIBIT B: GRANTING AGENCY FORMS (Submit with Bid Package)
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Public Notice
Sealed bid responses for Solicitation 17-7165 Temporary Personnel will be received
electronically only on the County’s on line bidding system found at www.colliergov.net/bid until
2:30 p.m. Collier County local time on August 7, 2017. ITB responses received after the stated
time and date will not be accepted.
Solicitation 17-7165 Temporary Personnel
A pre-bid conference will not be held for this solicitation. All questions regarding this ITB must
be submitted online on the Collier County Procurement Services Division Online Bidding System
website: www.colliergov.net/bid. All responses to questions will be posted on the website with
electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response forms included and only
available for download from the Collier County Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier
County Procurement Services Division Online Bidding System may not be accurate or
current.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
Publicly posted on July 6, 2017 on the Collier County Procurement Services website:
www.colliergov.net/purchasing.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Community and Human Services Division (hereinafter, the “Division”), the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has
issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and
qualified suppliers in accordance with the terms, conditions and specifications stated or attached. The
Supplier, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments or divisions once awarded
according to the Board of County Commissioners Procurement Ordinance, as amended.
Brief Description of Purchase
The services will include, but not be limited to, providing comprehensive staffing and service support to
the Community and Human Services Division for operation requirements for the following Categories:
(1) Contract Writer, including but not limited to specification writing, plans analysis, etc. (2) Construction
Cost Estimator, including tasks but not limited to construction cost review for projects, preparing
independent cost estimates, cost analysis, etc; (3) Customer Service Specialist, including tasks, but not
limited to administrative work involving permits, work orders, zoning, etc.; (4) Senior Field Inspector,
including responsibilities, but not limited to building surveying, inspects work, methods and materials,
etc.; and (5) Construction Rehabilitation Inspector to include work, but not limited to, technical
rehabilitation inspection, construction engineering inspection services, HUD Housing Quality Standards
inspections (HQS) when applicable, and all other related support functions. Historical spend has been
approximately $50,000 annually.
Scope of Work
Contractor shall provide temporary personnel to Community and Human Services Division (CHS) staff
on as needed basis; however, other County operating departments may use this contract. The
Contractor shall provide personnel within three business days from request with the CHS Division.
CHS Division will have the right to accept or refuse and ask for additional personnel. Dependent upon
qualifications, the hourly rate will be determined by CHS or hiring Division/Department.
1. Provide personnel to augment the CHS Staff to ensure compliance with various aspects of
Grantor agency requirements in the following categories:
Category 1: Contract Specification Writer: (Employee Hourly Pay Rate: $17.70-23.24 per hour)
Tasks may include, but not limited to: Interprets architectural or engineering plans and prepares
material lists and specifications to be used as standards by employees for rehabilitation or
construction activities: Analyzes plans and diagrams, or observes and makes notes on material
processing, activities. Candidate writes technical description specifying material qualities and
properties utilizing knowledge of material standards and construction procedures. May draw
rough sketches or arrange for finished drawings or photographs to illustrate specific materials or
assembly sequence.
Category 2: Construction Cost Estimator (Employee Hourly Pay Rate: $16.86-22.13 per hour)
Tasks may include, but not limited to: Perform Reviews of construction, rehabilitation, and
engineering contracts to ensure that price and costs are determined to be reasonable and
competitive before final award to a winning bidder. Prepares independent cost estimate/analysis
for changes orders. Conducts a price analysis to compare and evaluate the proposed price without
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analyzing any of the separate cost elements that it is composed of. Shall also conduct cost analysis
of the separate elements (e.g., labor, materials, etc) that make up a contractor’s total cost proposal
or price to determine if they are reasonable. For sealed bids, conducts an independent cost
estimate and compares to low bids, ensures accurate and fair market pricing is used. For
competitive proposals, obtains a cost breakdown from the offerers showing all the elements of their
proposed total costs and perform a cost analysis of each proposal using the appropriate cost
principles.
Category 3: Customer Service Specialist (Employee Hourly Pay Rate: $15.29 - $26.86 per hour)
Tasks may include, but not limited to: Prepares and processes
administrative/program/operational documents, documents (permits, work orders, zoning, project
records, etc). Researches, assembles and compiles information needed to complete documents.
Category 4: Senior Field Inspector (Employee Hourly Pay Rate: $28.16 - 43.51 per hour)
Tasks may include, but not limited to: Requires specialized training, education or licensure, must
be familiar with/or certified in HUD Housing Quality Standards, and the ability to independently
work in a specialized areas, including, but not limited to: County interns, CAD Technicians or
Drafters, Project Managers, Tram Services, Building Automation Technicians, General
Building Surveying, other Management Services, or any other skill or skilled position the County
deems appropriate under this category. Completes inspections of construction work, methods,
and materials and compares actual work to approved/planned work; determines whether
projects are in compliance with applicable codes, specifications, and approved construction
plans; identifies potential or existing performance deficiencies or structural deficiencies in
new/existing civil engineering infrastructures; ensures that development improvements are in
agreement with design plans; ensures that any damage to public property is corrected; ensures
that owners of the property or neighboring property are not adversely impacted by constructed
improvements.
Category 5: Construction/Rehabilitation Inspector (Employee Hourly Pay Rate: ($21.84 - 33.75 per
hour)
Performs field inspections of site development and other construction/rehabilitation projects
conducted by private contractors/developer/subrecipient to ensure project compliance with
applicable codes, standards, and approved construction plans/specifications.
Interprets, explains, and ensures compliance with applicable state, county, and local codes,
ordinances, regulations, standards, specifications, policies and procedures, as well as
approved construction plans/specifications; initiates any actions necessary to correct deviations
or violations; researches code books, construction standards, technical manuals, or other
resources as needed.
Provides information and technical assistance concerning development plans, construction
requirements, non-compliance issues, and related issues; meets with and discusses problem
areas with contractors, developers, engineers, architects, and property owners; recommends
solutions to problems; responds to questions, concerns, or complaints.
Coordinates inspection activities with other County departments, contractors, property
owners, outside agencies, or other individuals; schedules inspections and meetings;
schedules and/or attends pre-construction meetings and preliminary walk-throughs.
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Reviews construction plans, specifications and related documentation for compliance with
applicable engineering codes, ordinances, and regulations; reviews as-built drawings, Mylars,
density reports of sub-grade and lime rock, and roadway core reports for asphalt and lime rock
depths.
Performs plan checks at project sites to ensure compliance with approved plans and
takes photographs to document field conditions.
Conducts field inspections of construction projects; inspects drainage structures for dirt, wood,
nails, and lifting rings; reviews traffic control signage; inspects all structures on projects; inspects
signage, striping, sidewalks, and handicap ramps; inspects roadway sub-grades and densities;
inspects common areas and easements for exotic vegetation; conducts exotic vegetation removal
inspections; inspects final course of asphalt; inspects right-of-way conditions; inspects projects for
appropriate Maintenance of Traffic (MOT) operations through construction work zones
2. Provide the County with a fixed contractor mark-up for each category for the duration of the
contract.
3. Provide the County with a price proposal for each person assigned that includes a resume, brief
description of assignment, the category selected, the employee hourly rate and the contractor’s
mark-up.
4. Supply competent persons who are capable of performing their employment duties. Personnel
shall be neat, clean, well-groomed and courteous, and shall be fully dressed including shirt and
shoes.
5. Provide personnel who shall be capable of receiving and understanding instructions in English.
6. Ensure that all contract worker provided to the County have fully executed and complete
background and drug screening prior to starting work at the County.
7. Register with the Department of Homeland’s Security E-verify system, and document that each
contract worker has been screened through this system.
8. Comply, both the contractor and contract workers, with all applicable regulations of the County,
the State and the Federal government; full cooperation is expected and required. Should the
minimum employee pay rate fall below the Federal or State minimum wage, the contractor shall
notify the County so that compensation is commensurate with all wage practices.
9. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per week
by the same employee at the request of the County. Hours worked on weekends will be treated
as straight time unless they are in excess of a forty (40) hour work week. All hours worked in
excess of a forty (40) hour work week that are considered overtime will be paid at one and a-
half (1.5) times the agreed upon employee’s hourly rate of pay.
10. Submit invoices on all contract workers, including, but not limited to:
• The division that the worker is assigned and the purchase order number,
• The name of the worker and the employee hourly rate,
• The number of hours worked by the employee during a date range (i.e. week, month, etc.),
and the project (specify grant ) that was worked on,
• The contractor mark-up, and
• Total cost assessed to the County.
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11. Remove, per direction from the County project manager/grant coordinator, any temporary
personnel deemed to be careless, incompetent, insubordinate or otherwise objectionable, or
whose continued employment on the job is deemed to be contrary to the interest of the County
as per the direction of the County project manager/grant coordinator.
12. Provide three (3) references from previous and current clients regarding its past performance in
the delivery of the services set forth in this bid invitation. In addition to reviewing the information
submitted and contacting the references listed in the bid offer, the County reserves to right to
investigate and consider any complaints or other concerns raised pertaining to the past
performance or conduct of the bidder(s) or employee(s).
13. Buy Out/Purchase: If temporary person is offered and accepts a position with the County,
there shall be no requirement of the County to “buy out” or purchase any remaining
contractual term between the temporary person and the employing agency.
Award Criteria
ITB award criteria is as follows:
All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
Award shall be based upon the responses to all questions on the Bid Response Page(s).
Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
The County’s Purchasing Department reserves the right to clarify a vendor’s proposal prior
to the award of the solicitation.
It is the intent of Collier County to award to the lowest responsive HUD Sec 3 vendor(s) in
accordance with the following methodology:
The County intends to award per cat egory on a primary and secondary, basis as
determined by the lowest responsive, responsible bidder(s) who provides the most
advantageous mark-up to the County.
The contract will be in the form of a standard County Contract.
Term of Contract
The contract term, if an award(s) is/are made is intended to be Three (3) years with two (2) one (1)
year renewal options. Contractor mark-up and employee hourly rate shall remain firm during the initial
term of the contract. Additional surcharges (i.e. transportation, mark-up, overhead, etc.) will not be
accepted in conjunction with this contract during the duration of the resultant contract such charges
should be incorporated into the pricing structure.
Projected Solicitation Timetable
Event Date
Issue Solicitation Notice July 6, 2017
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Last Date for Receipt of Written Questions 5:00 PM 7/31/2017
Non-mandatory pre-solicitation meeting N/A
Addendum Issued By 8/2/2107
Solicitation Deadline Date and Time 2:30 PM 8/7/2017
Vendor Required Documents
Attachment 2: Vendor’s Check List
Attachment 3: Vendor Response Form
Attachment 4: Immigration Law Affidavit Certification
Attachment 5: Vendor Substitute W – 9
Attachment 6: Insurance and Bonding Requirements
E-Verify company profile page or memorandum of understanding
Excluded Parties List System Documentation located at: www.sam.gov, and select
SEARCH.
Grant agency Provisions and required forms.
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County
Board of County Commissioners Procurement Services Division (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms, conditions,
and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be
referred to as the “Vendor”.
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed.
Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or
failure to comply with these instructions could lead to the bid submitted as being rejected as non-
responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices will
remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening.
After award by the Board of County Commissioners, prices may only be adjusted as outlined in
Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered
in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days
be offered.
5. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such exceptions
on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS”. Failures to indicate any
exceptions shall be interpreted as the Vendors intent to fully comply with the specifications as
written. Exceptions taken by the Vendor may be deemed grounds for rejection of bid response.
6. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
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downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before
submitting a bid response, please make sure that you have read all, understood clearly and
complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal.
7. Bid Submission
Electronic bids shall be submitted online via the Collier County Procurement Services Division
Online Bidding System website: www.colliergov.net/bid.
8. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,
obscure or contains errors or omissions it should report such opinion to the Procurement Strategist
before the bid opening date. Direct questions related to this ITB only to the Collier County
Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB. Vendors must clearly understand that the only official
answer or position of the County will be the one stated on the Collier County Procurement Services
Division Online Bidding System website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
9. Protests
With respect to a protest of the terms, conditions and specifications contained in a solicitation,
including any provisions governing the methods for evaluation of bids, proposals or replies,
awarding contracts, reserving rights for further negotiation or modifying or amending any contract,
the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends
and County holidays, after the first publication, whether by posting or formal advertisement of the
solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent
is filed. Formal protests of the terms, conditions and specifications shall contain all of the information
required for the Procurement Services Director, to render a decision on the formal protest and
determine whether postponement of the bid opening or proposal/response closing time is
appropriate. The Procurement Services Director's decision shall be considered final and conclusive
unless the protesting party files an appeal of the Procurement Services Director's decision.
Any actual bidder or respondent to who desires to protest a recommended contract award shall
submit a notice of intent to protest to the Procurement Services Director within three (3) calendar
days, excluding weekends and County holidays, from the date of the initial posting of the
recommended award. All formal protests with respect to a recommended contract award shall be
submitted in writing to the Procurement Services Director for a decision. Said protests shall be
submitted within five (5) calendar days, excluding weekends and County holidays, from the date
that the notice of intent to protest is received by the Procurement Services Director, and
accompanied by the required fee.
Complete form and instructions for formal protest are set forth in Section 23 of Collier County
Ordinance 2017-08. The protesting party must have standing as defined by established Florida case
law to maintain a protest.
10. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County. Vendors whose bids, past
performance or current status do not reflect the capability, integrity or reliability to fully and in good
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faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet
all necessary requirements of this solicitation or fail to provide all required information, documents
or materials may be rejected as non-responsive.
11. Lobbying
After the issuance of any solicitation, no current or prospective vendor or any person acting on their
behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any
Collier County employee or elected or appointed official, other than the Procurement Services
Director or his/her designees. This prohibition ends upon execution of the final contract or upon
cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County
employee or elected or appointed official while a solicitation is open or being recommended for
award (i) may be deemed ineligible for award of that solicitation by the Procurement Services
Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of
County Ordinance 2017-08.
12. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response shall
be required to provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the right to
award to another firm.
13. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as
low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in
accordance with Section 287.087 Florida Statutes.
14. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Award
shall be made in a manner consistent with the County’s Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well as
on the Collier County Procurement Services Division website on Wednesdays and Thursdays prior
to the County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Services Division Director within
two (2) calendar days (excluding weekends and County holidays) of the date that the recommended
award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the “Protest Policy” is available at the office of the Procurement Director.
15. Grant Funded Purchases
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Vendors submitting proposals for this purchase must validate that they are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O.
12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement
suspension and debarment. Information for the former “Excluded Parties List System” may be found
at the System for Award Management (SAM) website at www.sam.gov, and select SEARCH. This
is a free web-site which consolidates Federal procurement systems and the Catalog of Federal
Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been migrated into SAM.
16. Reserved Rights
Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding
any other provisions of this Article, if none or only one responsive and responsible bid or proposal
is received following any solicitation, the County Manager, or designee, reserves the right to reject
all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms
and conditions in the sole interest of the County unless otherwise provided by law.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or
payment for any delivery of goods and/or services,
or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY’S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection. All
defective or nonconforming goods will be returned
pursuant to VENDOR'S instruction at VENDOR’S
expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase Order
if goods and/or services provided early in the term
of the Purchase Order are non-conforming or
otherwise rejected by the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and must
be included on each package of less than
container load (LCL) shipments and/or with
each car load of equipment. The COUNTY
reserves the right to refuse or return any
shipment or equipment at VENDOR’S
expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare
to the carrier the value of any shipment made
under this Purchase Order and the full invoice
value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will
be made upon receipt of a proper invoice and
in compliance with Chapter 218, Fla. Stats.,
otherwise known as the “Local Government
Prompt Payment Act,” and, pursuant to the
Board of County Commissioners Purchasing
Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and/or services is not a
waiver of the COUNTY’S right to insist upon
further compliance with all specifications.
6. Changes
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The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope of
this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional period
of time as may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational
Health and Safety Act, the Federal Transportation
Act and the Fair Labor Standards Act, as well as
any law or regulation noted on the face of the
Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark, copyright
or trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY’S use of the
goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non-infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans’ status. Further,
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of 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. Failure by the awarded firm(s)
to comply with the laws referenced herein shall
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constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to
pay under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of
the terms and conditions of this Purchase
Order shall be the Twentieth Judicial Circuit in
and for Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed effective
upon receipt. Postage, delivery and other
charges shall be paid by the sender. A party
may change its address for notice by written
notice complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the
Terms and Conditions of the Contract
Documents, the provisions of the Terms
and/or Conditions that are most favorable to
the County and/or provide the greatest
protection to the County shall govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
Additional items and/or services may be added to the resultant contract, or purchase order, in compliance
with the Procurement Ordinance, as amended.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or
obligations within the past five (5) years; whether paid or donated, which could be construed by the County
as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff
review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts. To this end,
vendors will be evaluated on their performance upon completion/termination of agreement.
4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not
performed in accordance with requirements, including required timeframe. The County may also deduct,
or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s
non-performance.
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the County,
the County may terminate this Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance. In the event that the award of this solicitation is made by the Procurement Services
Director, the award and any resultant purchase orders may be terminated at any time by the County upon
thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health
Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible
for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to
any persons or property within and around the work site. All firewall penetrations must be protected in
order to meet Fire Codes.
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Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision
is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be
labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
8. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2) (a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public agency with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the Contractor or keep and maintain public records required by the public agency
to perform the service. If the Contractor transfers all public records to the public agency upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who
are physically capable of performing their employment duties. The County may require the Vendor to
remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local
Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required
licenses must be submitted with the bid response indicating that the entity bidding, as well as the
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team assigned to the County account, is properly licensed to perform the activities or work
included in the ITB documents. Failure on the part of any vendor to supply this documentation with
their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office
within Collier County is required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain “active” in Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding
required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax
Collector’s Office at (239) 252-2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any property. In
the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the
performance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged
property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has
to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the
Vendor. The County’s project manager shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
12. 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, the
current Collier County Ethics Ordinance 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 contract held
by the individual and/or firm for cause.
13. Invoice and Payments
Payments are made in accordance with the established practices above and Local Government Prompt
Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:
Purchase Order Number
Description and quantities of the goods or services provided per instructions on the County’s purchase
order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Payments will be made for articles and/or 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 contract.
Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under
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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.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off-set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance
Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter
218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County
reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed
or for unsatisfactory performance of Contractual requirements.
14. Survivability
The awarded vendor agrees that any Purchase Order that extends beyond the expiration date of the
original Solicitation 17-7165 will survive and remain subject to the terms and conditions of that Agreement
until the completion or termination of this Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies
duly authorized to do business in the State of Florida as set forth in Attachment 3 of this solicitation. The
Vendor shall procure and maintain property insurance upon the entire project, if required, to the full
insurable value of the scope of work.
The County and the Vendor waive against each other and the County’s separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to
include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates
issued as a result of the award of this solicitation must identify “For any and all work performed on behalf
of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this
solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor
under this solicitation and shall contain a severability of interests’ provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate
Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility
for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
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The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify
the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and
nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a
reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs
within thirty (30) days after demand, the County has the right to offset these costs from any amount due
Vendor under this Agreement or any other agreement between the County and Vendor. The County shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope
of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later
than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide
the County with such renewal certificate(s) shall be considered justification for the County to terminate any
and all contracts.
16. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States and
to employ only individuals who are eligible to work in the United States. The Employment Eligibility
Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with
the Social Security Administration (SSA), provides an Internet-based means of verifying employment
eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for
Proposals (RFP) including professional services and construction services. Exceptions to the program:
Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their
enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists
of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company. Vendors are also required to provide the Collier County
Procurement Services Division with an executed affidavit certifying they shall comply with the E-Verify
Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply
with providing both the acceptable E-Verify evidence and the executed affidavit the bidder’s /
vendor’s proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases
not covered under the “Exceptions to the program” clause above. For additional information regarding
the Employment Eligibility Verification System (E-Verify) program visit the following website:
http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules
and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the
provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced
herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County
shall have the discretion to unilaterally terminate said agreement immediately.
17. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current published County
Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These
policies will be available upon request from the Information Technology Department. All vendors will be
required to adhere to IT policies for access to the County network. Vendors are required to notify the
County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included
in this request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is required
to be filled out and submitted with your bid response. This document can be found on the Collier County
Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu,
click on CC Technical Requirements. If this document is not submitted with your bid response, your bid
response may be deemed non-responsive.
18. Background Checks
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@colliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities and
systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident.
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 vendor is
responsible for all costs.
19. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the
State of Florida, or any other public or private foundations shall be subject to the compliance and reporting
requirements of the granting agency.
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Attachment 1: Vendor’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB.
If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s)
listed below and return this form via email to the Procurement Strategist listed on the first page or mail to:
Collier County Procurement Services Division, 3295 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: ITB 16-7165 Temporary Personnel
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Other reason(s):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Firm’s Complete Legal Name
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Telephone Number
__________________________________________________
FAX Number
__________________________________________________
Signature / Title
__________________________________________________
Type Name of Signature __________________________________ Date: ______
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Attachment 2: Vendor’s Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. All granting agency requirements have been met including submittal of required forms.
6. Any required drawings, descriptive literature, etc. have been included.
7. Any delivery information required is included.
8. If required, the amount of bid bond has been checked, and the bid bond or cashier’s check has been
included.
9. Addendum have been signed and included, if applicable.
10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:
www.sam.gov.
11. Immigration Affidavit and a copy of the company’s E-Verify profile page or memorandum of
understanding.
12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
Company Name
Signature & Title
Date
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Attachment 3: Vendor Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: ITB 16-7165 Temporary Personnel
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor
is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work.
The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to
be entered into as principals are named herein; that this Bid is made without connection with any other person,
company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the
following.
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered
and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment
be offered.
Prompt Payment Terms: _____% _____ Days; Net Days
Please input your prices online.
Bid Form is provided in separate file.
Note: The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required,
and present the formal contract to the County Procurement Director for approval within fifteen (15) days after
being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of ______________,
2017 in the County of _______________, in the State of ______.
Firm’s Complete Legal Name
__________________________________________________
Firm’s Dun and Bradstreet
Number (DUNS)
(Found at www.dnb.com)
__________________________________________________
CCR # or CAGE Code
(Found at www.ccr.gov)
__________________________________________________
Florida Certificate of Authority
Document Number
(http://www.sunbiz.org)
Federal Tax Identification
Number
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Telephone Number
__________________________________________________
FAX Number
__________________________________________________
Check one of the following: Sole Proprietorship
Corp or P.A. State of _________________
Limited Partnership
General Partnership
Signature / Title
__________________________________________________
Type Name of Signature
__________________________________________________
Date
__________________________________________________
****************************************************************************************************
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm’s Complete Legal Name
_______________________________________________________
Address
_______________________________________________________
City, State, Zip
_______________________________________________________
Contact Name
_______________________________________________________
Telephone Number
_______________________________________________________
FAX Number _______________________________________________________
Email Address
_______________________________________________________
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Attachment 4: Immigration Law Affidavit Certification
Solicitation # and Title : ITB 16-7165 Temporary Personnel
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this
Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor / Bidder’s
proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name
Title _______________________
Signature
Date _______________________
State of ___________________ County of _________________
The foregoing instrument was signed and acknowledged before me this ___day of ____________, 20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Attachment 5: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City _______________________________________________
State ______________________________________ Zip ________________________________________________
Telephone __________________ FAX ______________________ Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
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Signature ____________________________________________________
Date _____________________________
Title _______________________________________________________
Phone Number _____________________
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Attachment 6: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$100,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/
Consultant shall 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, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement.
4. Automobile Liability $ __________ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ Per claim and in
the aggregate
$1,000,000 per claim and in the aggregate
$2,000,000 per claim and in the aggregate
Project Professional Liability $__________ Per Occurrence
Valuable Papers Insurance $__________ Per Occurrence
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Employee Dishonesty / Crime $__________ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers’ check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed
contract by Proposers receiving award, and written for 100% of the Contract
award amount, the cost borne by the Proposer receiving an award. The
Performance and Payment Bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall be rated as “A-“ or better as to general policy
holders rating and Class V or higher rating as to financial size category and the
amount required shall not exceed 5% of the reported policy holders’ surplus, all
as reported in the most current Best Key Rating Guide, published by A.M. Best
Company, Inc. of 75 Fulton Street, New York, New York 10038.
8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required
to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For
any and all work performed on behalf of Collier County.
11. Thirty (30) Days Cancellation Notice required.
RLC 6/28/2017
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number
_________________
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Exhibit A: Granting Agency Requirements
Provided in Separate File
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Exhibit B: Granting Agency Forms
Provided in Separate File
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-1
FEDERAL HOUSING AND URBAN DEVELOPMENT
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
1)The contractor (including all subcontractors) must insert these contract provisions in each
lower tier contracts ( e.g. subcontract or sub-agreement);
2)The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements
and other agreements for supplies or services;
3)The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower-tier subcontractor or service provider.
1.Termination (Cause and Convenience)
2.Access to Records
3.Retention of Records
4.Remedies
5.Environmental Compliance (Clean Air Act and Clean Water Act)
6.Energy Efficienc y
7.Equal Opportunity Provisions
8.Section 3
9.Conflict of Interest
10. Utilization of Minority and Women’s Businesses
11. Federal Labor Standards Provisions
(Davis Bacon, Copeland, and Contract Work Hours Act)
12. Guidance to Contractor for Compliance With Labor Standard Provisions
13. Lobb ying Prohibition
14. Debarment
15. Historic Preservation
16. Record Keeping and Documentation
17. Grantee Recognition (Advertisement)
18. Copyright and Patent Rights
19. Religious Organizations
20. Procurement of Recovered Materials
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-2
1.TERMINIATION FOR CAUSE AND / OR CONVENIENCE
A. This contract may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this contract through no fault of the
terminating party, provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in 1.(A) above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any addit
ional costs to the local government because of the contractor’s default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already
been included in an invoice.
For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
(1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications,
summaries and other such information, as may have been accumulated by the contractor in
performing this contract, whether completed or in process.
E. Upon termination, the local government may take over the work and m a y a war d a not her party a
contract to complete the work described in this contract.
F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to
have been for the convenience of the local government. In such event, adjustment of the contract
price shall be made as provided in paragraph (c) above.
2.ACCESS TO RECORDS
The local government, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their
duly authorized representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
3.RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government
makes final payment and all other pending matters are closed.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-3
4.REMEDIES
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other
matters in question between the local government and the contractor, arising out of or relating to this
contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida
court of competent jurisdiction.
5.ENVIRONMENTAL COMPLIANCE
If this contract exceeds $ 100,000, the contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency
regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over
$100,000.
6.ENERGY EFFICIENCY
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163) for the State in which the work under this contract is performed.
7.SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to F e d e r a l l y assisted construction contracts and related subcontracts $10,000 and under.)
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action
to ensure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246, as Amended (through 2014), Section 202 Equal Opportunity Clause
(Applicable to contracts/subcontracts above $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-4
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information."
(4) The Contractor will send to each labor union or representative of workers with which he
has acollective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer advising the said labor union or worker’s representatives of the
Contractor’s commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and by the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing
such provisions, including sanctions for noncompliance. Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.)
(a) The Offerer’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard
Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-5
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 c o m p l i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall
be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals
established or the geographic area where the contract resulting from his solicitation is to be
performed. The hours of minority and female employment or training must be substantially uniform
throughout the length of the contract and in each trade the Contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order,
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the
total work hours performed.
(c) The Contractor shall provide written notification to the County within 10 working days of
award of any construction subcontract in excess of $10,000 at any tier for construction work under
the contract resulting from this solicitation. The notification shall list the name, address, and
telephone number of the subcontractor; employer identification number; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the geographical
area in which the contract is to be performed.
Contact Information:
Collier County Government—CHS Section 3 Manager
3339 East Tamiami Trail E, STE 211 Ms. Kristi Sonntag
Naples, Florida 34112 Telephone: 239-252-2486
Telephone 239-252-2273 kristiSonntag@colliergov.net
Fax 239-252-2638
http://www.colliergov.net/your-government/divisions-a-e/community-and-human-services
(d) As used in this Notice, and in the contract resulting from the solicitation, the “covered area” is the
county in which the contract work is being undertaken.
D. 41 CFR 60-4.3 Equal Opportunity Clauses
(a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included
in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and
subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to
the clauses described above, all Federal contracting officers, all applicants and all nonconstruction
contractors, as applicable, shall include the specifications set forth in this section in all Federal and
federally assisted construction contracts in excess of $10,000 to be performed in geographical areas
designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of
$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and
subcontracts covered under the Executive order.
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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 o r i g i n s in any of the original peoples
of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2.Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3.If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U. S. Department of Labor in the covered area either individually or through an association, its
affirmative action o b l i g a t i o n s on all work i n the Plan area (including goals and timetables)
shall be in accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The overall good
faith performance by other Contractors or subcontractorstoward a goal in an approved Plan
does not execuse any covered Contractor’s or Subcontractor’s failure to take good faith efforts to
achieve the Plan goals and timetables
4.The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A)
through (P). of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing contracts in geographical
areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority
and female goals established for the geographic area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during
the period specified.
5.Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor’s obligations under t h e s e s p e c i f i c a t i o n s , Executive Order 11246, or the regulations
EXHIBIT A FEDERAL CONTRACT PROVISIONS
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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 t a k e s p e c i f i c a f f i r m a t i v e 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 n u m b e r s of each m i n o r i t y a
n d female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union, or if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor’s efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the areas
which expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor’s employment needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7.(b) above.
(f) Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(g) Review, at least annually, the company’s EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with on- site supervisory
EXHIBIT A FEDERAL CONTRACT PROVISIONS
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personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractor’s EEO policy with other Contractors and Subcontractors with whom
the Contractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female recruitment students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the Contractor shall send written notification to
organizations such as the above, describing the openings, screening procedures, and tests to be used
in the selection process.
(j) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor’s work force.
(k) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR 60-3.
(l) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and employment
related activities to ensure that the EEO policy and the Contractor’s obligations under these
specifications are being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor’s EEO policies and affirmative action obligations.
(q) become familiar with the HUD “Questions and Answers on Sexual Harassment under the Fair
Housing Act." And request a copy from the County if needed.
8.Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7) (a) through (p). The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of
these Specifications provided that the Contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
EXHIBIT A FEDERAL CONTRACT PROVISIONS
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Contractor. The obligation to comply, however, is the contractor’s and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor’s noncompliance.
9.A single goal for minorities and separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for
all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11.The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
12.The Contractor shall carry out sections and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13.The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If
the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14.The contractor s h a l l 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
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-10
housing facilities which are segregated by explicit directive or are in fact segregated on the basis of race,
creed, color, or national origin, because of habit, local custom, orotherwise.
The contractor further agrees that (except where it has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors
prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following
notice to such proposed subcontractors (except where the proposed subcontractors have submitted
identical certifications for specific time periods).
F. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
G. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national original, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
H. Section 503 Handicapped (Contracts $2,500 or Over)
(1) The Contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices such as the following:
employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(3) In the event of the Contractor’s noncompliance with the requirements of this clause, actions
for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by or
through the contracting officer. Such notices shall state the Contractor’s obligation under the law
to take affirmative action to employ and advance in employment qualified handicapped employees
and applicants for employment, and the rights of applicants and employees.
(5) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding, that the contractor is bound by the
terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action
to employ and advance in employment physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every subcontract or purchase order
of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase order
as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for noncompliance.
I. Age Discrimination in Employment Act of 1967, as Amended
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It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment, because
of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive
any individual of employment opportunities or otherwise adversely affect his status as an employee,
because of such individual’s age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
J. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
(1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against
employees or applicants because of genetic information. Employers are prohibited from using
genetic information in making employment decisions. GINA restricts employers and other entities
covered by Title II (employment agencies, labor organizations and joint labor-management training
and apprenticeship programs - referred to as "covered entities") from requesting, requiring or
purchasing genetic information, and strictly limits the disclosure of genetic information. The law
forbids discrimination on the basis of genetic information when it comes to any aspect of
employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe
benefits, or any other term or condition of employment.
(2) “Genetic information” includes information about an individual’s genetic tests and the genetic
tests of an individual’s family members, as well as information about the manifestation of a disease
or disorder in an individual’s family members (i.e. family medical history). Family medical history is
included in the definition of genetic information because it is often used to determine whether
someone has an increased risk of getting a disease, disorder, or condition in the future.
8.“SECTION 3” TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES
(1) The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the S ection 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
(4) The contractor agrees to include this S ection 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided
in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the
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subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
(7) With respect to work performed in connection with S ection 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450e) also applies to the work to be performed under this contract. Section 7(b) requires that to
the greatest extent feasible (i) preference and opportunities for training and employment shall
be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and
section 7(b) agree to comply with S ection 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
9.CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who exercises any function or responsibility with
respect to this contract, during his/her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed. Further, the Contractor shall cause to be incorporated in all subcontracts the
language set forth in this paragraph prohibiting conflict of interest.
10.UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when
possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall
document efforts to utilize M/WBE f i rms, i ncl u din g identifying what f i r ms were solicited as
suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be
obtained from:
•Florida Department of Management Services, Office of Supplier Diversity,
•Florida Department of Transportation (construction services, particularly highway),
•Minority Business Development Center in most major cities, and
•Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
11.FEDERAL LABOR STANDARDS PROVISIONS
(Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often
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than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the contract shall be classified in conformance with the wage determination.
HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only
when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(ii) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the Administrator of the Wage and
Hour Division, employment Standards Administration, U. S. Department of Labor, Washington,
D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or
its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that the additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 215-0140.)
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(iii) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(d) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that
the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the
meeting of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other federal contract with the same prime contractor, or any
other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, HUD, or its designee may, after written notice to the contractor,
sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described
in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the
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Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017).
(b) (i) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract,
but if the agency is not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owners, as the case may be, for transmission to HUD or its designee. The
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a “Statement of Compliance”, signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the reverse side
of Option Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph A(3)(b)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a)
of this section available for inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its
designee may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request to make
such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.
(4) (a) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and
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Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program, shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice’s level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount
of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with the determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually registered in a program which
has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site
shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved
program for the trainee’s level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination.
(ii) Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate
on the wage determination for the work actually performed. In addition, any trainee performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In
the event the Employment and Training Administration withdraws approval of a training program
the contract will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
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(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
(7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of
the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by
referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor (USDOL) set forth in 29
CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or the employees or
their representatives.
(10) Certification of Eligibility.
(a) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part
24.
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to
be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S.
C.1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., “Federal Housing
Administration transactions”, provides in part “Whoever, for the purpose of ... influencing in
any way the action of such Administration ... makes, utters or publishes any statement, knowing
the same to be false… shall be fined not more than $5,000 or imprisoned not more than two
years, or both.”
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this contract are applicable shall be discharged or in any
other manner discriminated against by the contractor or any subcontractor because such employee
has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable under this contract
to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms “laborers”
and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-18
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act , which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to
Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law
91-54.83 State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such
provisions will be binding on each subcontractor. The contractor shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary
of Labor shall direct as a means of enforcing such provisions.
12.GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS
A. Contracts with T wo Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on the
site, must submit either two separate payrolls (one for each wage decision) or one payroll which
identifies each worker twice and the hours worked under each wage decision. One single
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FCP-19
payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate
in the wage decisions for each identical job classification. However, where a job classification is not
listed in a wage decision and is needed for that portion of the work, the classification must be added
to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate
for that same classification in another wage decision. After the additional classification is approved,
the contractor may pay the higher of the two rates and submit one payroll, if desired.
B. Complying with Minimum Hourly Amounts
(1) The minimum hourly amount due to a worker in each classification is the total of the amounts
in the “Rates” and “Fringe Benefits” (if any) columns of the applicable wage decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe benefits, regardless of the individual amounts reflected in the “Rates” and “Fringe
Benefits” columns.
(3) A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor’s annual cost
(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers
with overtime, an additional payment may be required to meet the minimum hourly wages since
generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is
paid more than the minimum rates required by the wage decision, this should not be a problem.
As long as the total wages received by a worker for straight time equals the hours worked times
the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts
has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly
cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related
acts only establish minimum rates and does not address overtime; the Contract Work Hours Act
contains the overtime requirement and uses “basic rate of pay” as the base for calculation, not the
minimum rates established by the Davis-Bacon and related acts.)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions in
writing. The authorization must identify the purpose of each deduction and the amount, which may be
a specific dollar amount or a percentage. A copy of the authorization must be submitted with the
first payroll containing the deduction. If deducted amounts increase, another authorization must be
submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-
ordered deductions, such as child support, may be identified by the responsible payroll person in a
separate document. This document should identify the worker, the amount deducted and the purpose.
A copy of the court order should be submitted.
E. Classifications Not Included in the Wage Decision
If a classification not in the wage decision is required, please advise the owner’s representative
in writing and identify the job classification(s) required. In some instances, the State
agency may allow the use of a similar classification in the wage decision.
Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be
lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of
the laborer classification) and truck drivers are not considered a trade for this purpose. If the
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FCP-20
classification involves a power equipment operator, the minimum cannot be lower than the lowest rate
for any power equipment operator in the wage decision. The owner will provide forms to document
agreement on the minimum rate by the affected workers and contractor.
The USDOL must approve the proposed classification and rate. The contractor may pay the proposed
rate until the USDOL makes a determination. Should the USDOL require a higher rate, the
contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed
rate.
F. Supervisory Personnel
Foremen and other supervisory personnel who spend at least 80% of their time supervising workers
are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include
such supervisory classifications and their wages are not subject to any minimums under the Davis-
Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards
Act. However, foremen and other supervisory personnel who spend less than 80% of their time
engaged in supervisory activities are considered workers/mechanics for the time spent engaged in
manual labor and must be paid at least the minimum in the wage decision for the appropriate
classification(s) based on the work performed.
G. Sole Proprietorships / Independent Contractors / Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the
requirement to comply with the labor standards provisions of this contract. The applicability of the labor
standards provisions is based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards
provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs
all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including
minimum wages and overtime. His status as “owner” is irrelevant for labor standards purposes.
If a worker meets the IRS standards for being an independent contractor, and is employed
as such, this means that the worker must submit a separate payroll as a subcontractor rather
than be included on some other payroll. The worker is still subject to the labor standards
provisions in this contract, including minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions
in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and
these payrolls must reflect information required to determine compliance with the labor standards
provisions of this contract, including a classification for each worker based on the nature of the
work performed, number of regular hours worked, and number of overtime hours worked.
H. Apprentices/Helpers
A worker may be classified as an apprentice only if participating in a federal or state program.
Documentation of participation must be submitted. Generally, the apprentice program specifies that
the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act
purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification
in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker must be
classified according to duties performed. This procedure may require classification in the “trade”
depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor
may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most
large cities regarding the appropriate classification.
Presently, no worker may be classified as a “helper”. As with apprentices not participating in a formal
apprentice program, the worker must be classified according to duties performed and tools used.
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FCP-21
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 p erson who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
14. DEBARMENT
All grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-
recipients, etc. that are conducting business with the grantee, including any city/county or the grantee
itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in the covered transaction or in any proposal submitted in connection with
the covered transaction. Verification will be checked through the excluded parties system list
at www.sam.gov.
15.HISTORIC PRESERVATION The Contractor shall comply with the historic preservation
requirements of 24 CFR 58.17 and the Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings and with all other environmental regulator y
requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and
the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for
Protection of Historical Properties.
16. RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be
paid fro m 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.
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1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys,
information, documents, maps and other data procedures developed, prepared, assembled, or
completed by the Contractor for the purpose of this Agreements shall be made available to the County
by the Contractor at any time upon request by the County or HUD. Upon completion of all work
contemplated under this agreement copies of all documents and records relating to this agreement
shall be surrendered to the County if requested. In any event the sub-recipient shall keep all
documents for six (6) years after the expiration of this agreement.
17. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the
funding source. The Contractor will mount a temporary construction sign for projects funded by Housing
Urban Development though Collier County Community and Housing Services. The design concept is
intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. The Construction sign shall comply with applicable County codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The US Department of Housing and
Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in
data which may arise as a result of the contractor’s services.
19. RELIGIOUS OGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations.
Section 24 CFR 570.200(j) specifies the limitations on CDBG funds.
20. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use of products containing the highest percentage of recovered materials for items designated by
the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year;
or, b) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at: www.epa.gov/epawaste/conserve/tools/cpg/products/
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
EXHIBIT A FEDERAL CONTRACT PROVISIONS
FCP-23
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
2.Recovery Emergency Rule 9BER09-2; The Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1975 (42 U.S.C., s. 6901 et.seq.);
3.Florida Small and Minority Business Act, s. 288.702-
288.714, F.S.;
4.Florida Coastal Zone Protection Act, s. 161.52- 161.58,
F.S.;
5.Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.;
6.Title I of the Housing and Community Development
7.Act of 1974, as amended
8.Treasury Circular 1075 regarding drawdown of CDBG
funds.
9.Sections 290.0401-290.049, F.S.;
10.Rule Chapter 9B-43, Fla. Admin. Code.; 10. Department
of Community Affairs Technical Memorandums;
11.HUD Circular Memorandums applicable to the Small
Cities CDBG Program;
12.Single Audit Act of 1984;
13.National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act;
14.National Historic Preservation Act of 1966 (Public Law89-
665) as amended and Protection of Historic Properties
(24C.F.R. Part 800);
15.Preservation of Archaeological and Historical Data Act of
1966;
16.Executive Order 11593 - Protection and Enhancement of
Cultural Environment;
17.Reservoir Salvage Act;
18.Safe Drinking W ater Act of 1974, as amended;
19.Endangered Species Act of 1958, as amended;
20.Executive Order 12898 - Environmental Justice
21.Executive Order 11988 and 24 C.F.R. Part 55 – Floodplain
Management;
22.The Federal W ater Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 et.seq.);
23.Executive Order 11990 -Protection of W etlands;
24.Coastal Zone Management Act of 1968, as amended;
25.Wild and Scenic Rivers Act of 1968, as amended;
26.Clean Air Act of !977;
27.HUD Environmental Standards (24 C.F.R. Part 58);
28.Farmland Protection Policy Act of 1981;
29.Clean Water Act of 1977;
30.Davis- Bacon Wage Rate Act;
31.Contract W ork Hours and Safety Standards Act of 1962, 40
U.S.C. s. 327 et. seq;
32.Florida Statute 287.134, Discriminatory Vendors List
33.The W ildlife Coordination Act of 1958, as amended; Noise
Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L 92-234;
35.Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
36.Coastal Zone Management Act of 1972, P.L
92-583;
37.Architectural and Construction Standards;
38.Architectural Barriers Act of 1968,42 U.S.C. 4151;
39. Executive Order 11296, relating to evaluation of flood
hazards;
40. Executive Order 11288. relating to prevention, control
and abatement of water pollution;
41. Cost-Effective Energy Conservation Standards, 24
C.P.R. Part 39;
42. Section 8 Existing Housing Quality Standards, 24 C.F.R.
Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act, 29 U.S.C., s.201 et.
seq.;
45. Title VI of the Civil Rights Act of 1964 Non
discrimination;
46. Title VII of the Civil Rights Act of 1968 Non-
discrimination in housing;
47. Age Discrimination Act of 1975;
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community
Development Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R. Part 8;
51. Executive Order 11063 - Equal Opportunity in Housing;
52. Executive Order 11246- Nondiscrimination;
53. Section 3 of the Housing and Urban Development Act
of 1968, as amended – Employment Training of Lower
Income Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and
49 C.F.R. Part 24;
55. Copeland Anti-Kickback Act of 1934; Hatch Act;
56. Title N Lead-Based Paint Poisoning Prevention Act (42
U.S.C., s. 1251 et. seq.);
57. OMB 2 CFR Part 200
58. Administrative Requirements for Grants, 24 C.F.R. Part
85; 59. Section 02 of the Department of Housing and
Urban Development Reform Act of 1989 and 24 C.F.R.
Part 12.
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 1
GRANT CERTIFICATIONS AND ASSURANCES
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
2.Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier
Covered Transactions
3.Certification regarding Lobbying
4.Conflict of Interest
5. Anticipated DBE, M/WBE or VETERAN Participation Statement
6.Acknowledgement of Grant Terms and Conditions
7.Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
8.Certification of Payments to Influence Federal Transactions
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 2
(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 (l)(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.
__________________________ ________________________________________
Name Project Name
__________________________ ________________________________________
Title Project Number
__________________________ ________________________________________
Firm Tax ID Number
_________________________ ________________________________________
Street Address DUNS Number
_________________________________________________________________________
City, State, Zip
24 CFR 24.510 & 24 CFR, Part 24, Appendix A
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 3
COLLIER COUNTY
Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective
participant shall attach an explanation to this form.
______________________________ ______________________________
Name Local Government
______________________________ ______________________________
Title Tax ID Number
______________________________ ______________________________
Firm DUNS Number
______________________________
Street Address
______________________________
City, State, Zip
______________________________
Date
The undersigned (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, g rant, 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.)]
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 4
COLLIER COUNTY
Certification of Lobbying
The undersigned (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.
The Vendor/Contractor, , 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.
Name of Authorized Official
Title
Signature of Vendor/Contractor's Authorized Official
Date
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 5
COLLIER COUNTY
Conflict of Interest Certification
_______________________
Collier County Solicitation No.
I, ________________________________________, 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.
Name Signature
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.
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 6
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 7
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 cop y 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).
Vendor/Contractor Name ______________________________ Date __________________
Authorized Signature ___________________________________________________________
Address _____________________________________________________________________
Solicitation/Contract # ____________________________
02/15 R3
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 8
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.
(Company)
(Signature) (Date)
(Print Name)
EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES
GCA - 9
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 connec-tion 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)
Name of Authorized Official Title
Signature Date
Page 1 of 1
ADDENDUM 1
Memorandum
Date: August 7, 2017
From: Brenda Brilhart, Procurement Strategist
To: Interested Bidders
Subject: Addendum - ITB 17-7165 Temporary Personnel
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
Changes: (Note: Language deleted has been struck through. New language has been
underlined. )
The pay range for Category 1, contract Specification Writer has been expanded to $23.19 -
$35.84.
If you require additional information, please post a question on the Online Bidding site or contact
me using the above contact information.
Email: brendabrilhart@colliergov.net
Telephone: (239) 252‐8446
AGREEMENT #17-7185
for
TEMPORARY PERSONNEL
(GRANT FUNDED)
THIS AGREEMENT, made and entered into on this day of 2417, by
and between REDCON Solutions Group, LLC, as Primary Contractor authorized to do
business in the State of Florida, whose business address is 3218 East Colonial Drive, Suite G,
Orlando Florida 32843, (the "Contractor") and Collier County, a political subdivision of the State
of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing
on date of Board award and terminating three (3) years from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period have
been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two (2)
additional one (1) year periods. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term
then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (184) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor shall provide temporary personnel services as
described in Exhibit A -Scope of Services and in accordance with the terms and
conditions of Invitation to Bid #17-7185 and the Contractor's proposal referred to herein
and made an integral part of this Agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Parties, in compliance with the County's
Procurement Ordinance, as amended, and Procurement Procedures in effect at the time
such services are authorized.
If the Primary Contractor cannot provide requested services within the timeframe
specified by the user division, then the Secondary Contractor will then be contacted. The
procedure for obtaining services is the same.
Page i of 15
17-7165 Temporary Personnel (Grant Funded)
PRIMARY-REDCON solutions Group, LLC
�o
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit 6- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Project Manager and/or his designee, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act."
4.1 Price Methodology:
Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours'times hourly rate). As a general business practice, these contracts include back-
up documentation of costs; invoices would include number of hours worked and billing
rate by position (and not company (or subcontractor) timekeeping or payroll records.
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address;
REDCON Solutions Group, LLC
3218 East Colonial Drive, Suite G
Orlando, Fl_ 32843
Attention: Kyle Evans, President & CEO
Telephone: (407) 810-1816
Email: Kylle.Evans@REDCONSolutionsGroup.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Pager 2 of 15
17-7105 Temporary Personnel (Grant Funded)
REMCON Salutlons Group, LLC
Board of County Commissioners for Collier County, Florida
Community and Human Services
3339 East Tamiami Trial Bldg. H, Suite 211
Naples FL 34112
Attention: Kristi Sonntag, Manager Federal/State Grants
Telephone: (239) 252-2486
Email: KristiSonntaggcolIiergov.net
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non -County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
Page 3 of 15
17-7165 Temporary Personnel (Grant Funded)
REDCON Solutions Group, LLC
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits
in compliance with the applicable state and federal laws.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non -renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Community and Human Services Division,
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16, COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim; Contractor's Bid, Insurance Certificate(s), Exhibit A- Scope of Services,
Exhibit B- Fee Schedule, Exhibit C- Action Delivery Log, Exhibit D -Federal Contract
Provisions, and ITB Bid #17-7165/Addendum.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences; a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RI=P, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
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but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, including specifically those contractual requirements at F.S. §
119.0701(2)(a) -(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
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20, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
22. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
23, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a goad
faith effort to resolve any such disputes by negotiation, The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla, Stat.
24, VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor's
shall assign as many people as necessary to complete the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the
required service.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents and/or the County's Board approved Executive Summary,
the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over
the Agreement. To the extent any conflict in the terms of the Contract Documents cannot
be resolved by application of the Supplemental Conditions, if any, or the Agreement, the
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conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the Contractor at County's discretion.
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void, If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
28, SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and Fel 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@colliergov.net) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued
security of Collier County facilities and systems. Failure to notify within four (4) hours of
separation may result in a deduction of $500 per incident.
(Signature page to follow)
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IN WITNESS, WHEREOF, the parties hereto, have each, respectively, by an authorised
person or agent, have executed this Agreement on the date and year first written above.
ATTEST:
Dwight E. Brock, Clark of Courts
By:
Dated:
(SEAL)
Contractors Witnesses:
RMANifimpm
tTypeffirint witness namet
Seoond Witness
6Fjjtt ++' &-ya -c -
'i'Type/print witness name%
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chairman
Contractor
REDCOH;
By:
Group, LLC
and
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide temporary personnel to Community and Human Services Division (CHS)
staff on as needed basis. The Contractor shall provide personnel within three business days from
request with the CHS Division. CHS Division will have the right to accept or refuse and ask for
additional personnel. Dependent upon qualifications, the hourly rate will be determined by CHS
or hiring Division/Department,
Provide personnel to augment the CHS Staff to ensure compliance with various aspects
of Grantor agency requirements in the following categories:
• Category 1: Contract Specification Writer
Interprets architectural or engineering plans and prepares material lists and
specifications to be used as standards by employees for rehabilitation or construction
activities- Analyzes plans and diagrams, or observes and makes notes on material
processing, activities. Writes technical description specifying material qualities and
properties utilizing knowledge of material standards and construction procedures.
May draw rough sketches or arrange for finished drawings or photographs to illustrate
specific materials or assembly sequence.
• Category 2: Construction Cost Estimator
Perform Reviews of construction, rehabilitation, and engineering contracts to ensure
that price and costs are determined to be reasonable and competitive before final
award to a winning bidder. Prepares independent cost estimate/analysis for changes
orders. Conducts a price analysis to compare and evaluate the proposed price without
analyzing any of the separate cost elements that it is composed of, Shall also conduct
cost analysis of the separate elements (e.g., labor, materials, etc.) that make up a
contractor's total cost proposal or price to determine if they are reasonable. For
sealed bids, conducts an independent cost estimate and compares to low bids,
ensures accurate and fair market pricing is used. For competitive proposals, obtains
a cost breakdown from the offerors showing all the elements of their proposed total
costs and perform a cost analysis of each proposal using the appropriate cost
principles.
• Category 3: Customer Service Clerk
Prepares and processes administrative/program/operational documents, documents
(permits, work orders, zoning, project records, etc.) Researches, assembles and
compiles information needed to complete documents.
* Category 4: Senior Field Inspector
Requires specialized training, education or licensure, must be familiar with/or certified
in HUD Housing Quality Standards, and the ability to independently work in some
specialized areas, including, but not limited to: County interns, CAD Technicians or
Drafters, Project Managers, Tram Services, Building Automation Technicians, General
Building Surveying, other Management Services, or any other skill or skilled position
the County deems appropriate under this category. Completes inspections of
construction work, methods, and materials and compares actual work to
approvediplanned work; determines whether projects are in compliance with applicable
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codes, specifications, and approved construction plans; identifies potential or existing
performance deficiencies or structural deficiencies in new/existing civil engineering
infrastructures; ensures that development improvements are in agreement with design
plans; ensures that any damage to public property is corrected; ensures that owners
of the property or neighboring property are not adversely impacted by constructed
improvements.
Category v: Construction/Rehabilitation Inspector
Performs field inspections of site development and other construction/rehabilitation
projects conducted by private contractors/developer/subrecipient to ensure project
compliance with applicable codes, standards, and approved construction
plans/specifications.
Interprets, explains, and ensures compliance with applicable state, county, and local
codes, ordinances, regulations, standards, specifications, policies and procedures, as
well as approved construction plans/specifications; initiates any actions necessary to
correct deviations or violations; researches code books, construction standards,
technical manuals, or other resources as needed.
Provides information and technical assistance concerning development plans,
construction requirements, non-compliance issues, and related issues; meets with and
discusses problem areas with contractors, developers, engineers, architects, and
property owners; recommends solutions to problems; responds to questions, concerns,
or complaints.
Coordinates inspection activities with other County departments, contractors, property
owners, outside agencies, or other individuals; schedules inspections and meetings;
schedules and/or attends pre -construction meetings and preliminary walk-throughs.
Reviews construction plans, specifications and related documentation for compliance
with applicable engineering codes, ordinances, and regulations; reviews as -built
drawings, mylars, density reports of sub -grade and lime rock, and roadway core reports
for asphalt and lime rock depths.
Performs plan checks at project sites to ensure compliance with approved plans and
takes photographs to document field conditions.
Conducts field inspections of construction projects; inspects drainage structures for dirt,
wood, nails, and lifting rings; reviews traffic control signage; inspects all structures on
projects; inspects signage, striping, sidewalks, and handicap ramps; inspects roadway
sub -grades and densities; inspects common areas and easements for exotic
vegetation; conducts exotic vegetation removal inspections; inspects final course of
asphalt; inspects right-of-way conditions; inspects projects for appropriate Maintenance
of Traffic (MOT) operations through construction work zones,
2. Provide the County with a fixed contractor mark-up for each category for the duration of the
contract.
3. Provide the County with a price proposal for each person assigned that includes a resume,
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brief description of assignment, the category selected, the employee hourly rate and the
contractor's mark-up.
4, Supply competent persons who are capable of performing their employment duties.
Personnel shall be neat, clean, well-groomed and courteous, and shall be fully dressed
including shirt and shoes.
5. Provide personnel who shall be capable of receiving and understanding instructions in
English.
& Ensure that ail contract worker provided to the County have fully executed and complete
background and drug screening prior to starting work at the County.
7. Register with the Department of Homeland's Security E -verify system, and document that
each contract worker has been screened through this system.
8. Comply, both the contractor and contract workers, with all applicable regulations of the
County, the State and the Federal government; full cooperation is expected and required.
Should the minimum employee pay rate fall below the Federal or State minimum wage, the
contractor shall notify the County so that compensation is commensurate with all wage
practices.
9. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per
week by the same employee at the request of the County. Hours worked on weekends will
be treated as straight time unless they are in excess of a forty (40) hour workweek, All hours
worked in excess of a forty (40) hour work week that are considered overtime will be paid at
one and a -half (1.5) times the agreed upon employee's hourly rate of pay.
10. Invoices should be submitted along with Exhibit C- Action Delivery Log to support hours
worked by Contractors employee(s);
Invoice and Action Delivery Log collectively to include, but not limited to:
The division that the worker is assigned and the purchase order number
The name of the worker and the employee hourly rate
• The number of hours worked by the employee during a date range (i.e. week,
month, etc.), and the project (specify grant) that was worked on
• Homeowner Name and Property Address
- Subrecipient Name
The contractor mark-up
• Total cost assessed to the County.
11. Remove, per direction from the County project manager/grant coordinator, any temporary
personnel deemed to be careless, incompetent, insubordinate or otherwise objectionable, or
whose continued employment on the job is deemed to be contrary to the interest of the
County as per the direction of the County project manager/grant coordinator.
12, Buy Out/Purchase: If temporary person is offered and accepts a position with the County,
there shall be no requirement of the County to "buy out" or purchase any remaining
contractual term between the temporary person and the employing agency.
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EXHIBIT B
FEE SCHEDULE
17-7165 Temporary Personnel (Grant Funded)
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REDCON Solutions Group. LLC
Description
Hourly Rate
Minimum to Maximum
% Markup
Category
1: Contract Spec Writer
$23.19 - $36.84*
21%
Category
2: Construction Cost Estimator
$29.57 - $45.63
21%
Category
3: Customer Service Clerk
$15.26 - $24.$8
21%
Category
4: Senior Field Inspector
$28.16 - $45.51
21%
Category
5: Construction Inspector
$21.84 - $33.75
21%
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EXHIBIT C
ACTION DELIVERY LOG
"Also, attached hereto, following this page"
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EXHIBIT C
ACTION DELIVERY LOG
Contractor Employee Name
Subrecipient Name
County Division Name
Grant/Project Name
EXHIBIT D
FEDERAL CONTRACT PROVISIONS
"Also, attached hereto, following this page"
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EXHIBIT D
FEDERAL CONTRACT PROVISIONS
FEDERAL HOUSING AND URBAN DEVELOPMENT
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract, the Supplemental Conditions shall govern.
Contractor means an entity that receives a contract.
The services performed by the awarded Contractor shall be in compliance with all applicable grantor
regulations/requirements, and additional requirements specified in this document. It shall be the awarded
Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the
work required to complete this project. In general,
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1) The contractor (including all subcontractors) must insert these contract provisions in each
lower tier contracts ( e.g. subcontract or sub -agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements
and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by any
subcontractor, lower -tier subcontractor or service provider.
1.
Termination (Cause and Convenience)
2.
Access to Records
3.
Retention of Records
4.
Remedies
5.
Environmental Compliance (Clean Air Act and Clean Water Act)
6.
Energy Efficiency
7.
Equal Opportunity Provisions
8.
Section 3
9.
Conflict of Interest
10.
Utilization of Minority and Women's Businesses
11.
Federal Labor Standards Provisions
Davis Bacon, Copeland, and Contract Work Hours Act
12.
Guidance to Contractor for Compliance With Labor Standard Provisions
13.
Lobbying Prohibition
14.
Debarment
15.
Historic Preservation
16.
Record Keeping and Documentation
17.
Grantee Recognition (Advertisement)
18.
Copyright and Patent Rights
19.
Religious Organizations
20.
Procurement of Recovered Materials
FCP-1
FEDERAL. CONTRACT PROVISIONS
1. TERMINIATION FOR CAUSE AND 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 effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its
convenience, provided that the other party is afforded the same notice and consultation opportunity
specified in 1.(A) above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any addit
ional costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall
include a reasonable profit for services or other work performed for which profit has not already
been included in an invoice_
For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
(1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or
otherwise make available to the local government all data, drawings, reports specifications,
summaries and other such information, as may have been accumulated by the contractor in
performing this contract, whether completed or in process,
C. Upon termination, the local government may take over the work and m a y awar d anot her party a
contract to complete the work described in this contract,
F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined
that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to
have been for the convenience of the local government. In such event, adjustment of the contract
price shall be made as provided in paragraph (c) above,
2. ACCESS TO RECORDS
The local government, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their
duly authorized representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
3. RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government
makes final payment and all other pending matters are closed.
FCP-2
FEDERAL CONTRACT PROVISIONS
4, REMEDIES
Unless otherwise provided in this contract, all claims, counter -claims, disputes and other
matters in question between the local government and the contractor, arising out of or relating to this
contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida
court of competent jurisdiction.
S. ENVIRONMENTAL COMPLIANCE
If this contract exceeds $ 100,000, the contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean
Water Act (33 U.S,C, 1368), Executive Order 91738, and U.S. Environmental Protection Agency
regulations (40 C,F.R_ mart 16). The contractor shall include this clause in any subcontracts over
$100,000.
6, ENERGY EFFICIENCY
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163) for the State in which the work under this contract is performed.
7. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Sub ect to E=xecutive Order 11248 as Amended
(Applicable to F ed e ral ly assisted construction contracts and related subcontracts $10,000 and under.
During the performance of this contract, the Contractor agrees as follows:
(t) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action
to ensure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship -
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer seeking forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants be considered
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 as Amended (through 2014 Sectlon 202 Eual Opportunity Clause
(Applicable to contracts/subcontracts above $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion. or transfer; recruitment, or recrultment advertising; {ayoff 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.
FC11-3
FEDERAL CONTRACT PROVISIONS
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information."
(4) The Contractor will send to each labor union or representative of workers with which he
has acollective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer advising the said labor union or worker's representatives of the
Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and by the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing
such provisions, including sanctions for noncompliance. Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to construction contracts/subcontracts exceeding $10,000.)
(a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(b) The goals and timetables for minority and female participation, expressed in percentage terms
FCP-4
FEDERAL CONTRACT PROVISIONS
for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are
as follows:
Female participation: 6.9% (statewide)
Minority participation: 97.1% 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 c o m p I i a n c e with Executive Order and the regulations in 41 CFR Part 504 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 CIFR 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
htl :l/www.collier ov.netl our- overnment/divisions-a-a/communi# -and-human-services
(d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the
county in which the contract work is being undertaken.
D. 41 CFR 60-4.3 Epual Opportunity Clauses
(a). The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included
in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and
subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in,
and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to
the clauses described above, all Federal contracting officers, all applicants and all nonconstruction
contractors, as applicable, shall include the specifications set forth in this section in all Federal and
federally assisted construction contracts in excess of $10,000 to be performed in geographical areas
designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of
$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and
subcontracts covered under the Executive order.
i~CP-5
FEDERAL CONTRACT PROVISIONS
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246).
1, As used in these specifications:
A. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
B. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
C. "Employer identification number" means the Federal Social Security number used on the
Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941,
D. "Minority" includes:
(1) Black tall persons having origins in any of the Stack African racial groups not of Hispanic
origin);
(11) Hispanic fall persons of Mexican, Puerto Rican, Cuban, Central, or South American or
other Spanish Culture or origin, regardless of race);
(1.11) Asian and Pacific Islander (all persons having o r i g i n s in any of the original peoples
of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island); and
(IV) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown flan 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 Contractors or subcontractors toward a goal in an approved Plan
does not execuse any covered Contractor's or Subcontractor's failure to take good faith efforts to
achieve the Plan goals and timetables
4, The Contractor shall implement the specific affirmative action standards provided in paragraphs (7) (A)
through (P). of these specifications, The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing contracts in geographical
areas where they do not have a Federal or Federally -assisted construction contract shall apply the minority
and female goals established for the geographic area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during
the period specified.
S. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under t h e s e s p e c i f 1 c a t i o n s, Executive Order 11246, or the regulations
F'CP-G
FEDERAL CONTRACT PROVISIONS
promulgated pursuant thereto.
G. 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 t a k e s p e c i f i e a f f i r m a t i v e 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 n u m b e r s of each m i n o r i t y a
n d female off -the -street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. if such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union, or if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the areas
which expressly include minorities and women, including upgrading programs and apprenticeship and
trainee programs relevant to the Contractor's employment needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under T(b) above.
(f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(g) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or
other employment decisions including specific review of these items with on- site supervisory
FCP-7
FEDERAL CONTRACT PROVISIONS
personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site, A written record shall be made and maintained Identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom
the Contractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female recruitment students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and employment_
needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship
or other training by any recruitment source, the Contractor shall send written notification to
organizations such as the above, describing the openings, screening procedures, and tests to be used
in the selection process.
(j) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor's work force.
(k) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR 64-3.
(1) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and employment
related activities to ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single -
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(q) become familiar with the HUD "Questions and Answers on Sexual Harassment under the Fair
Housing Act." And request a copy from the County if needed.
S. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7) (a) through (p). The efforts of a contractor association, joint
contractor -union, contractor -community, or other similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under (7) (a) through (p) of
these Specifications provided that the Contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
FCP-8
FEDERAL CONTRACT PROVISIONS
Contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for
all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10, The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter Into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246,
12. The Contractor shall carry out sections and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 91246, 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 60-43.
14. The contractor s h a I l 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
FCA -9
FEDERAL CONTRACT PROVISIONS
housing facilities which are segregated by explicit directive or are in fact segregated on the basis of race,
creed, color, or national origin, because of habit, local custom, orotherwise.
The contractor further agrees that (except where It has obtained identical certifications from proposed
subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors
prior to the award of subcontractors exceeding $10,040 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 543 Handicapped Contracts $2,500 or Over
(1)The Contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices such as the following.
employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship.
(2)The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of 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 emp#oyees 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.
Age discrimination in Employment Act of 1967, as Amended
FCp-10
FEDERAL CONTRACT PROVISIONS
It shall be unlawful for an employer -
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any
individual with respect to his compensation, terms, conditions, or privileges of employment, because
of such individual's age;
(2) to limit, segregate, or c4assify 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 (ii -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.
S. "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. 1701 u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the S ection 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
(4) The contractor agrees to include this S ection 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided
in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the
FCP- I I
FEDERAL CONTRACT PROVISIONS
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractof's obligations under 24 CFR
part 135.
(G) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C.
450e) also applies to the work to be performed under this contract. Section 7(b) requires that to
the greatest extent feasible (i) preference and opportunities for training and employment shall
be given to Indians, and (iii) 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 Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
9, CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL_ GOVERNING BODY, OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing
body, and no other public official of the locality who exercises any function or responsibility with
respect tothis contract, during his/her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed. Further, the Contractor shall cause to be incorporated in all subcontracts the
language set forth in this paragraph prohibiting conflict of interest.
10. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE)
The contractor shall take all necessary affirmative steps to assure that MIWBE firms are utilized when
possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall
document efforts to utilize MIWBE firms, including identifying what firms were solicited as
suppliers and/or subcontractors, as applicable. Information regarding certified MNVBE 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 MIWBE programs in many largo counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
11. FEDERAL LABOR STANDARDS PROVISIONS
(Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wades. 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
FCP-12
FEDERAL CONTRACT PROVISIONS
than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act
(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(1v); 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 fisted in the wage determination and which
is to be employed under the contract shall be classified in conformance with the wage determination.
HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only
when the following criteria have been met;
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(ii) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the Administrator of the Wage and
Hour Division, employment Standards Administration, U, S. Department of Labor, Washington,
D. C_ 20210- The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or
its designee or will notify HUD or its designee within the 30 -day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the
Classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30 -day period that the additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 215-0140.)
FCP-13
FEDERAL CONTRACT PROVISIONS
(iii) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (b)(ii) or of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(d) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that
the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis- Bacon /pct 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, IUD 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 f=ederally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, HUD, or its designee may, after written notice to the contractor,
sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased_ HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act
contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating. thereto shall be
maintained by the contractor during the course of the work preserved for a period o f t re a 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)(13) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the
FCP-i4
FEDERAL CONTRACT PROVISIONS
Office of Management and Budget under OMB Control Numbers 9215-0140 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 029-005-0171144-1), 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:
(I) That the payroll for the payroll period contains the information required to be
maiAained under 29 CFR Part 5.5 (a)(3)(1) 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) Apprenticesand Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered In a
bona fide apprenticeship program registered with the U. S. Department of Labor. Employment and
FCP-15
FEDERAL CONTRACT PROVISIONS
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program, shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount
of fringe benefits fisted 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 19246, as amended, and 29 CFR Part 30.
FCY-16
FEDERAL CONTRACT PROVISIONS
(5) Compliance with Copeland Act Requirements, The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract,
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses In any lower tier subcontracts. The prime contract shall be responsibie for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
(7) Contract Termination Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of
the Davis- Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by
referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor (USDOL) set forth in 29
CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee, the USDOL, or the employees or
their representatives.
(10) Certification of Eligibility.
(a) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFIR
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.
0.1001. 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, Propeedin_ s, 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.
( I ) 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
FCi'-17
FEDERAL CONTRACT PROVISIONS
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act , which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to
Title 29 Part 1926 (formerly part 1518) and failure to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law
91-54.83 State 96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such
provisions will be binding on each subcontractor. The contractor shall take such action with
respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary
of Labor shall direct as a means of enforcing such provisions.
12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on the
site, must submit either two separate payrolls (one for each wage decision) or one payroll which
identifies each worker twice and the hours worked under each wage decision. One single
FCP-18
FEDERAL CONTRACT PROVISIONS
payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate
in the wage decisions for each identical job classification. However, where a job classification is not
listed in a wage decision and is needed for that portion of the work, the classification must be added
to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate
for that same classification in another wage decision. After the additional classification is approved,
the contractor may pay the higher of the two rates and submit one payroll, if desired.
B. Complying -with Minimum Hourly Amounts
(t) The minimum hourly amount due to a worker in each classification is the total of the amounts
in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and
bona fide fringe_ benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe
Benefits" columns.
(3) A contractor payment for a worker which is required by law is not a fringe benefit in
meeting the minimum hourly amount due under the applicable wage decision. For example,
contractor payments for FICA or unemployment insurance are not a fringe benefit; however,
contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe
benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers
with overtime, an additional payment may be required to meet the minimum hourly wages since
generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is
paid more than the minimum rates required by the wage decision, this should not be a problem,
As long as the total wages received by a worker for straight time equals the hours worked times
the minimum hourly rate in the wage decision, the requirement of the Davis -Bacon and Related Acts
has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly
cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and related
acts only establish minimum rates and does not address overtime; the Contract Work Hours Act
contains the overtime requirement and uses "basic rate of pay" as the base for calculation, not the
minimum rates established by the Davis -Bacon and related acts_)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions in
writing. The authorization must identify the purpose of each deduction and the amount, which may be
a specific dollar amount or a percentage. A copy of the authorization must be submitted with the
first payroll containing the deduction. If deducted amounts increase, another authorization must be
submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-
ordered deductions, such as child support, may be identified by the responsible payroll person in a
separate document, This document should identify the worker, the amount deducted and the purpose.
A copy of the court order should be submitted.
E. Classifications Not Irtcluded in the Wage Decision
Ta 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
FCP-19
FEDERAL CONTRACT PROVISIONS
classification involves a power equipment operator, the minimum cannot be lower than the lowest rate
for any power equipment operator in the wage decision. The owner will provide forms to document
agreement on the minimum rate by the affected workers and contractor.
The USDOL must approve the proposed classification and rate. The contractor may pay the proposed
rate until the USDOL makes a determination. Should the USDOL require a higher rate, the
contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed
rate.
F. Supervisory Personnel
Fcremen and other supervisory personnel who spend at least 80% of their time supervising workers
are not covered by they 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 workerstmechanics 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. Sale 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 manusi 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 plLimbing 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. AnorenticeslHeloers
A worker may be classified as an apprentice only if participating in a federal or state program,
Documentation of participation must be submitted Generally, the apprentice program specifies that
the apprentice will be compensated at a percentage of the journeyman rate. For Davis -Bacon Act
purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification
in the applicable wage decision.
If the worker does not participate in a federal or state apprentice program, then the worker must be
classified according to duties performed. This procedure may require classification in the "trade"
depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor
may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most
large cities regarding the appropriate classification
Presently, no worker may be classified as a "helper". As with apprentices not participating in a formai
apprentice program, the worker must be classified according to duties performed and tools used.
ICI' -20
FEDERAL CONTRACT PROVISIONS
11 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 storm- LLL, "Disclosure Form to Report
Lobbying."
The contractorlvendor 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 iess than $10,005 and not more than $100,000 for each such failure.
14. DEBARMENT
All grantees are required to verify that anytall persons, contractors, consultants, businesses, sub -
recipients, etc, that are conducting business with the grantee, including any city/county or the grantee
itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in the covered transaction or in any proposal submitted in connection with
the covered transaction. Verification will be checked through the excluded parties system list
at www.sam.gov.
15. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation
requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory
requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and
the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for
Protection of Historical Properties,
16. RI=CORD BEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be
paid from funds under this Agreement, shall allow access to its records at reasonable times
to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal
business hours of Sam to Spm local time. on Monday through Friday_ "Agents" shall include, but not be
limited to, auditors retained by the Department.
FCP-21
FEDERAL_ CONTRACT PROVISION$
1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys,
information, documents, maps and other data procedures developed, prepared, assembled, or
completed by the Contractor for the purpose of this Agreements shall be made available to the County
by the Contractor at any time upon request by the County or HUD. Upon completion of all work
contemplated under this agreement copies of all documents and records relating to this agreement
shall be surrendered to the County if requested. In any event the sub -recipient shall keep all
documents for six (6) years after the expiration of this agreement.
17, GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the
funding source. The Contractor will mount a temporary construction sign for projects funded by Housing
Urban Development though Collier County Community and Housing Services. The design concept is
intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. The Construction sign shall comply with applicable County codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject
of an application for copyright by or on behalf of the contractor. The US Department of Housing and
Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in
data which may arise as a result of the contractor's services.
19. RELIGIONS OGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations.
Section 24 CFR 570,2000) specifies the limitations on CDBG funds.
20. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use of products containing the highest percentage of recovered materials for items designated by
the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year;
or, b) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA -designated items is available at: www.epa.povlepawaste/conserve/to_olslci3afproducts/
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
CJ
FCP-22
4,
6,
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28,
29.
30.
31,
32
F=EDERAL 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:
Community Development Block Grant Disaster
Recovery Emergency Rule 9BER09-2; The Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1975 (42 U.S.C., s. 6901 et.seq.);
Florida Small a n d Minority Business Act, s. 288,702-
288.714, F.S.;
Florida Coastal Zone Protection Act, s. 161.52- 161.58,
F.S.;
Local Goventment Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.;
Title I of the Housing and Community Development
Act of 1974, as amended
Treasury Circular 1075 regarding drawdown of CDBG
funds.
Sections 290,0401-290.049, F.S.;
Rule Chapter 9B-43, Fla. Admin, Code.; 10, Department
of Community Affairs Technical Memorandums;
HUD Circular Memorandums applicable to the Small
Cities CDBG Program;
Single Audit Act of 1984;
National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Public Law89-
665) as amended and Protection of Historic Properties
(24C.F.R, Part 804);
Preservation of Archaeological and Historical Data Act of
1966;
Executive Order 11593 - Protection and Enhancementof
Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended,
Endangered Species Act of 1958, as amended;
Executive Order 12898 - Environmental Justice
Executive Order 11988 and 24 C.F,R, Part 55 — Floodplain
Management;
The Federal Water Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 eLseq,);
Executive Order 11990 -Protection of Wetlands;
Coastal Zone Management Act of 1968, as amended;
Wild and Scenic Rivers Act of 1968, as amended;
Clean Air Act of 1977;
HUD Environmental Standards (24 C.F.R. Part 58);
Farmland Protection Policy Act of 1981;
Clean Water Act of 1977;
Davis- Bacon Wage Rate Act;
Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C, s. 327 et. seq;
Florida Statute 287,134, Discriminatory Vendors List
33. The Wildlife Coordination Act of 1958, as amended; Noise
Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
34, Flood Disaster Protection Act of 1973, P.L 92-234;
35. Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F,R, Part 59;
36. Coastal Zone Management Act of 1972, P.L
92-583;
37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968,42 U.S.C. 4151;
39, Executive Order 11296, relating to evaluation of flood
hazards;
40. Executive Order 11288. relating to prevention, control
and abatement of water pollution;
41, Cost -Effective Energy Conservation Standards, 24
C.P.R. Part 39;
42, Section 8 Existing Housing Quality Standards, 24 C.F.R,
Part 882;
43. Coastal Harrier Resou rce Act of 1982;
44. Federal Fair Labor Standards Act, 29 U.S.C., s.201 et.
seq.;
45. Title VI of the Civil Rights Act of 1964 Non
discrimination;
46. Title VII of the Civil Rights Act of 1968 Non-
discrimination in housing,
47. Age Discrimination Act of 1975;
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community
Development Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R. Part 8;
51. Executive Order 11063 - Equal Opportunity in Housing;
52, Executive Order 11246- Nondiscrimination;
53. Section 3 of the Housing and Urban Development Act
of 1968, as amended — Employment Training of Lower
Income Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and
49 C.F.R. Part 24;
55. Copeland Anti -Kickback Act of 1934; Hatch Act;
56, Title N Lead -Based Paint Poisoning Prevention Act (42
U.S.C., s. 1251 et. seq.);
57. OMB 2 CFR Part 200
58. Administrative Requirements for Grants, 24 C.F.R, Part
85; 59. Section 02 of the Department of Housing and
Urban Develapment Reform Act of 1989 and 24 C.F.R.
Part 12.
FCP-23
covier county
Administrative Services Department
Procuroment Services Division
INVITATION TO BID
Date:
From: Brenda Brilhart, Procurement Strategist
(239) 252-8446, Telephone Number
(239) 252-6697, FAX
BrendaBrilhart@colliergov.net, Email Address
To: Prospective Vendors
Subject: ITB 17-7165 Temporary Personnel
As requested by the Community and Human Services Division, the Collier County Board of
County Commissioners Procurement Services Division has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and
any applicable pre -ITB conference,
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to
questions will be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County's competitive procurement process.
c: Kristi Sonntag
Proarcmort Sav;os Dopa rtmrsi - 3327 Tamiami Trail East -Naples, Florida 34112-4901-vnwr.colGorgov.noVpurchasing
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Invitation to Bid
Index
PUBLICNOTICE...................................................................................................................................................... 3
EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT............................................................... 4
EXHIBIT II: GENERAL BID INSTRUCTIONS............................................................................................................... 8
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS........................................................................................17
ATTACHMENT 1: VENDOR'S NON -RESPONSE STATEMENT...................................................................................25
ATTACHMENT 2: VENDOR'S CHECK LIST...............................................................................................................26
ATTACHMENT 3: VENDOR RESPONSE FORM........................................................................................................27
ATTACHMENT 4: IMMIGRATION LAW AFFIDAVIT CERTIFICATION........................................................................29
ATTACHMENT 5: VENDOR SUBSTITUTE W — 9.......................................................................................................26
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS.............................................................................27
EXHIBIT A: GRANTING AGENCY REQUIREMENTS..................................................................................................29
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Public Notice
Sealed bid responses for Solicitation 17-7165 Temporary Personnel will be received
electronically only on the County's on line bidding system found at www.coiliergov.net/bid until
2:30 p.m. Collier County local time on . ITB responses received after the stated time and
date will not be accepted.
Solicitation 17-7165 Temporary Personnel
A pre-bid conference will not be held for this solicitation. All questions regarding this ITB must
be submitted online on the Collier County Procurement Services Division Online Bidding
System website: www.colliergov.net/bid. All responses to questions will be posted on the
website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response forms included and only
available for download from the Collier County Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier
County Procurement Services Division Online Bidding System may not be accurate or
current. Collier County encourages vendors to utilize recycled paper on all manual bid
response submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Edward F. Coyman, Jr.
Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services website:
www.colliergov.net/purchasinq and in the lobby of the Procurement Services Building on
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Exhibit I; Scope of Work, Specifications and Response Format
As requested by the Community and Human Services Division (hereinafter, the "Division"), the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, "County") has
issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bids from interested and
qualified suppliers in accordance with the terms, conditions and specifications stated or attached. The
Supplier, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments or divisions once awarded
according to the Board of County Commissioners Procurement Ordinance, as amended.
Brief Description of Purchase
The services will include, but not be limited to, providing comprehensive staffing and service support
to the Community and Human Services Division for operation requirements such as specification
writing, bid development and review, construction cost review for projects, preparing independent
cost estimates, cost analysis, change order review, analysis and approval, rehabilitation inspection,
construction engineering inspection services, HUD Housing Quality Standards inspections (HQS)
when applicable, and all other related support functions. Usage has been estimated to be
approximately $50,000 annually.
Scope of Work
Contractor shall provide temporary personnel to Community and Human Services Division (CHS) staff
on as needed basis; however, other County operating departments may use this contract. The
Contractor shall provide personnel within three business days from request with the CHS Division.
CHS Division will have the right to accept or refuse and ask for additional personnel. Dependent
upon qualifications, the hourly rate will be determined by CHS or hiring Division/Department.
Provide personnel to augment the CHS Staff to ensure compliance with various aspects of
Grantor agency requirements in the following categories;
Category 1: Contract Specification Writer: (Employee Hourly Pay Rate: $17.70-23.24 per hour)
Interprets architectural or engineering plans and prepares material lists and specifications to be
used as standards by employees for rehabilitation or construction activities; Analyzes plans and
diagrams, or observes and makes notes on material processing, activities. Writes technical
description specifying material qualities and properties utilizing knowledge of material standards
and construction procedures. May draw rough sketches or arrange for finished drawings or
photographs to illustrate specific materials or assembly sequence.
Category 2: Construction Cost Estimator (Employee Hourly Pay Rate: $16.86-22.13 per hour)
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Perform Reviews of construction, rehabilitation, and engineering contracts to ensure that price
and costs are determined to be reasonable and competitive before final award to a winning
bidder. Prepares independent cost estimate/analysis for changes orders. Conducts a price
analysis to compare and evaluate the proposed price without analyzing any of the separate cost
elements that it is composed of. Shall also conduct cost analysis of the separate elements (e.g.,
labor, materials, etc) that make up a contractor's total cost proposal or price to determine if they
are reasonable. For sealed bids, conducts an independent cost estimate and compares to low
bids, ensures accurate and fair market pricing is used. For competitive proposals, obtains a cost
breakdown from the offerers showing all the elements of their proposed total costs and perform a
cost analysis of each proposal using the appropriate cost principles.
Category 3: Customer Service Clerk (Employee Hourly Pay Rate: '$13.08-17.17 per
hour)
Prepares and processes administrative/program/operational documents, documents (permits,
work orders, zoning, project records, etc). Researches, assembles and compiles information
needed to complete documents.
Category 4: Senior Field Inspector (Employee Hourly Pay Rate: � $ t; 441176� )
Requires specialized training, education or licensure, must be familiar with/or certified in HUD
Housing Quality Standards, and the ability to independently work in a specialized areas,
including, but not limited to: County interns, CAD Technicians or Drafters, Project
Managers, Tram Services, Building Automation Technicians, General Building Surveying,
other Management Services, or any other skill or skilled position the County deems
appropriate under this category. Completes inspections of construction work, methods, and
materials and compares actual work to approved/planned work; determines whether projects
are in compliance with applicable codes, specifications, and approved construction plans;
identifies potential or existing performance deficiencies or structural deficiencies in new/existing
civil engineering infrastructures; ensures that development improvements are in agreement
with design plans; ensures that any damage to public property is corrected; ensures that
owners of the property or neighboring property are not adversely impacted by constructed
improvements.
Cateory 5. Construction/Rehabilitation Inspector (Employee Hourly Pay Rate:'
NO
Performs field inspections of site development and -other construction/rehabilitation projects
conducted by private contractors/developer/subrecipient to ensure project compliance with
applicable codes, standards, and approved construction plans/specifications.
Interprets, explains, and ensures compliance with applicable state, county, and local codes,
ordinances, regulations, standards, specifications, policies and procedures, as well as
approved construction plans/specifications; initiates any actions necessary to correct deviations
or violations; researches code books, construction standards, technical manuals, or other
resources as needed.
Provides information and technical assistance concerning development plans, construction
requirements, non-compliance issues, and related issues; meets with and discusses
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problem areas with contractors, developers, engineers, architects, and property owners;
recommends solutions to problems; responds to questions, concerns, or complaints.
Coordinates inspection activities with other County departments, contractors, property
owners, outside agencies, or other individuals; schedules inspections and meetings;
schedules and/or attends pre -construction meetings and preliminary walk-throughs.
Reviews construction plans, specifications and related documentation for compliance with
applicable engineering codes, ordinances, and regulations; reviews as -built drawings,
mylars, density reports of sub -grade and lime rock, and roadway core reports for asphalt and
lime rock depths.
Performs plan checks at project sites to ensure compliance with approved plans and
takes photographs to document field conditions.
Conducts field inspections of construction projects; inspects drainage structures for dirt,
wood, nails, and lifting rings; reviews traffic control signage; inspects all structures on
projects; inspects signage, striping, sidewalks, and handicap ramps; inspects roadway sub -
grades and densities; inspects common areas and easements for exotic vegetation; conducts
exotic vegetation removal inspections; inspects final course of asphalt; inspects right-of-way
conditions; inspects projects for appropriate Maintenance of Traffic (MOT) operations through
construction work zones
2. Provide the County with a fixed contractor mark-up for each category for the duration of the
contract.
3. Provide the County with a quote for each person assigned that includes a resume, brief
description of assignment, the category selected, the employee hourly rate and the
contractor's mark-up.
4. Supply competent persons who are capable of performing their employment duties.
Personnel shall be neat, clean, well-groomed and courteous, and shall be fully dressed
including shirt and shoes.
5. Provide personnel who shall be capable of receiving and understanding instructions in
English.
6. Ensure that all contract worker provided to the County have fully executed and complete
background and drug screening prior to starting work at the County.
7. Register with the Department of Homeland's Security E -verify system, and document
that each contract worker has been screened through this system.
8. Comply, both the contractor and contract workers, with all applicable regulations of the
County, the State and the Federal government; full cooperation is expected and required.
Should the minimum employee pay rate fall below the Federal or State minimum wage, the
contractor shall notify the County so that compensation is commensurate with all wage
practices.
9. Overtime: Provide overtime payment for any hours worked in excess of forty (40) hours per
week by the same employee at the request of the County. Hours worked on weekends will
be treated as straight time unless they are in excess of a forty (40) hour work week. All
hours worked in excess of a forty (40) hour work week that are considered overtime will be
ITB 17-7165 Temporary Personnel 6
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paid at one and a -half (1.5) times the agreed upon employee's hourly rate of pay.
10. Submit invoices on all contract workers, including, but not limited to:
• The division that the worker is assigned and the purchase order number,
• The name of the worker and the employee hourly rate,
• The number of hours worked by the employee during a date range (i.e. week, month,
etc.), and the project (specify grant ) that was worked on,
• The contractor mark-up, and
• Total cost assessed to the County.
11. Remove, per direction from the County project manager/grant coordinator, any temporary
personnel deemed to be careless, incompetent, insubordinate or otherwise objectionable,
or whose continued employment on the job is deemed to be contrary to the interest of the
County as per the direction of the County project manager/grant coordinator.
12. Provide evidence as to the number of years that the firm has been in business in the space
provided on the Bid form.
13. Provide five (5) references from previous and current clients regarding its past performance
in the delivery of the services set forth in this bid invitation. In addition to reviewing the
information submitted and contacting the references listed in the bid offer, the County
reserves to right to investigate and consider any complaints or other concerns raised
pertaining to the past performance or conduct of the bidder(s) or employee(s).
14. Buy Out/Purchase: If temporary person is offered and accepts a position with the
County, there shall be no requirement of the County to "buy out" or purchase any
remaining contractual term between the temporary person and the employing agency.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.'
• Award shall be based upon the responses to all questions on the Bid Response' Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written
on the manually submitted Bid Response,Page(s) at the time of the bid opening; however,
should an error in calculations occur whenever unit pricing and price extensions are
requested, the unit price shall prevail. Mathematical' miscalculations may be corrected by
the County to reflect the proper response:
•' The County's Purchasing Department reserves the 'right to clarify a vendor's proposal
prior to the award of the solicitation.'.
• It is the intent of Collier County to award to the lowest responsive HUD Sec,'3
vendor(s) in accordance with the following methodology;
✓ Award per lowest contractor percent markup by category.
✓ The County intends to award on a primary and secondary basis as determined by
the lowest responsive bidder who provides the most advantageous mark-up to the
County.
✓ The contract will be in the form of a standard County Contract.
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Term of Contract
The contract term, if an award(s) is/are made is intended to be Three (3) years with two (2) one (1)
year renewal options.
Contractor mark-up and employee hourly rate shall remain firm during the initial term of the contract.
Requests for consideration of an increase, or decrease, in the contractor markup and employee
hourly must be made on contract anniversary date, in writing, to the Purchasing Director and must
be based upon the United States Government prevailing minimum wage. Verification of these
increases, other than CPI, shall be furnished to the Purchasing Director with the written request for
increase.
Additional surcharges (i.e. transportation, mark-up, overhead, etc.) will not be accepted in
conjunction with this contract during the duration of the resultant contract such charges should be
incorporated into the pricing structure.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select identify single awardee, primary / secondary, multiple awardees, etc.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
• The resultant contract(s) may include purchase or work orders issued under one, or any
combination of price methodologies by the County's project manager:
Term of Contract
The contract term, if an award(s) is/are made is intended to be for three (3) years with two one
year renewal options. Markups shall remain firm for the initial term of this contract. Requests for
consideration of a price adjustment must be made before the contract anniversary date, in writing,
to the Procurement Director. Price adjustments may be based upon multiple factors: the
consumer price index (CPI) over the past twelve (12) months, market conditions and rate, budget
availability and program manager approval, or a combination thereof.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
Event `
Date
Issue Solicitation Notice
Date
Last Date for Receipt of Written Questions
Date, Time, Naples
Non -mandator re -solicitation meeting
Date, Time, Naples
Addendum Issued
Date
Solicitation Deadline Date and Time
Date, Time
Anticipated Evaluation of Submittals
Date Ran e
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Response Form
• Attachment 4: Immigration Law Affidavit Certification
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• Attachment 5: Vendor Substitute W— 9
• Attachment 6: Insurance and Bonding Requirements
• E -Verify company profile page or memorandum of understanding
• Excluded Parties List System Documentation located at: www.sam.gov, and select
SEARCH.
• Other items to be returned by vendor, including licenses or grant forms
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Exhibit II: General Bid Instructions
1, Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor".
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
sinned. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc, to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with the Bid. These samples must be submitted to the County during the bid evaluation period.
The County shall be sole judge of equality or similarity, and its decision shall be final in the best
interest.
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Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
5. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to
indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the
specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of
bid response.
6. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specificationsrip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before
submitting a bid response, please make sure that you have read all, understood clearly and
complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal.
7. Bid Submission
Electronic bids shall be submitted online via the Collier County Procurement Services Division
Online Bidding System website: www.colliergov.net/bid.
8. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not
be answered after the date noted on the ITB. Vendors must clearly understand that the only
official answer or position of the County will be the one stated on the Collier County Procurement
Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist identified in the Public Notice.
9. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current Procurement Ordinance and policies.
10. Rejection and Waiver
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The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County. Vendors whose bids, past
performance or current status do not reflect the capability, integrity or reliability to fully and in good
faith perform the requirements denoted may be rejected as non-responsive. Bids that do not meet
all necessary requirements of this solicitation or fail to provide all required information, documents
or materials may be rejected as non-responsive.
11. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
12. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
13. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes.
14. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Award
shall be made in a manner consistent with the County's Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays
prior to the County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Services Division Director within
two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted. Upon filing of said notice, the protesting party will have five (5)
days to file a formal protest and will be given instructions as to the form and content requirements
of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement
Director,
15. Grant Funded Purchases
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Vendors submitting proposals for this purchase must validate that they are not excluded from
receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial
assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O.
12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement
suspension and debarment. Information for the former "Excluded Parties List System" may be
found at the System for Award Management (SAM) website at www.sam.gov, and select
SEARCH. This is a free web -site which consolidates Federal procurement systems and the
Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been
migrated into SAM.
16. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Standard Purchase Order Terms and Conditions
1.
Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2.
Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and/or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order,
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and/or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and/or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3.
Inspection
shipment made under this Purchase Order
All goods and/or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase
Commissioners Purchasing Policy.
Order if goods and/or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non -conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY,
services under this Purchase Order is of the
essence, Failure of VENDOR to meet delivery
4.
Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and/or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order,
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and/or services to be
provided hereunder.
11. Warranty of Non -Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non -infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order, Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non -exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
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without exception or stipulation shall be fully
responsible for complying with the provisions of
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. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and/or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and/or Conditions that are most
favorable to the County and/or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
Additional items and/or services may be added to the resultant contract, or purchase order, in
compliance with the Procurement Ordinance, as amended.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or
obligations within the past five (5) years; whether paid or donated, which could be construed by the
County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to
County staff review and does not in and of itself disqualify a firm from consideration. These disclosures
are intended to identify and or preclude conflict of interest situations during contract selection and
execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts. To this end,
vendors will be, evaluated on their performance upon completion/termination of agreement.
4. Deductions for Non -Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not
performed in accordance with requirements, including required timeframe. The County may also deduct,
or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's
non-performance.
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the County,
the County may terminate this Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance. In the event that the award of this solicitation is made by the Procurement Services
Director, the award and any resultant purchase orders may be terminated at any time by the County
upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement
Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. All firewall penetrations must be
protected in order to meet Fire Codes.
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Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
8. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2) (a) -(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the Contractor or keep and maintain public records required by the public agency
to perform the service. If the Contractor transfers all public records to the public agency upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public
records, in a format that is compatible with the information technology systems of the public
agency.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who
are physically capable of performing their employment duties. The County may require the Vendor to
remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and
whose continued employment on Collier County projects is not in the best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local
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Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the
required licenses must be submitted with the bid response indicating that the entity bidding, as
well as the team assigned to the County account, is properly licensed to perform the activities or
work included in the ITB documents. Failure on the part of any vendor to supply this
documentation with their bid response may be grounds for deeming vendor non-responsive. A
Vendor with an office within Collier County is required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed
to the Tax Collector's Office at (239) 252-2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any property. In
the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the
performance of the required service, the Vendor shall repair/replace, to the County's satisfaction,
damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub
vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the
monies due the Vendor. The County's project manager, shall coordinate with the Vendor / Contractor
the return of any surplus assets, including materials, supplies, and equipment associated with the scope
or work.
12. 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, the current Collier County Ethics Ordinance 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 contract held by the individual and/or firm for cause.
13. Invoice and Payments
The County's project manager reserves the right to establish any one, or a combination of, industry
practices for contracts or purchase orders, but the intent is to award on unit markup percentage on set
rates.
Unit Price: the County agrees to pay ;a firm total fixed price (inclusive of all costs, including ,labor,
materials, equipment, overhead, etc) for a 'repetitive product or service delivered (i.e, installation
price per ton, delivery price per package or carton, etc.). ;The invoice must identify the unit price and
the number of units received (no contractor inventory or cost verification required).'
Payments are made in accordance with the established practices above and Local Government Prompt
Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include:
Purchase Order Number
Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
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Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a-),collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for
VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly
stating pricing for standard payment methods. An additional separate discounted price for traditional
payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash
Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or 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
contract. 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.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off -set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
14. Survivability
The awarded vendor agrees that any Purchase Order that extends beyond the expiration date of the
original Solicitation 17-7165 will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
15. Insurance Requirements
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The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and
shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows;
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility
for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
ITB 17-7165 Temporary Personnel 21
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insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
16. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States. The Employment Eligibility
Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership
with the Social Security Administration (SSA), provides an Internet -based means of verifying
employment eligibility of workers in the United States; it is not a substitute for any other employment
eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully
executed E -Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Procurement Services Division with an executed affidavit certifying they shall
comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Vendor does not comply with providing both the acceptable E -Verify evidence and the
executed affidavit the bidder's / vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all purchases
not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seg, and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
17. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current published
County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405.
These policies will be available upon request from the Information Technology Department. All vendors
will be required to adhere to IT policies for access to the County network. Vendors are required to notify
the County in writing twenty-four (24) hours in advance as to when access to the network is planned.
Included in this request must be a detailed work plan with actions that will be taken at the time of access.
The County IT Department has developed a Technical Architecture Requirements Document that is
ITB 17-7165 Temporary Personnel 22
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required to be filled out and submitted with your bid response. This document can be found on the Collier'
County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of
the menu, click on CC Technical Requirements. If this document is not submitted with your bid response,
your bid response may be deemed non-responsive.
18. Background Checks
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 aacolliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities and
systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per
incident.
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 vendor is
responsible for all costs.
19. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and
erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic
Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida
Department of Transportation's Design Standards (DS) on state roadways. These projects shall also
comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference.
Copies are available through the Risk Management and/or Procurement Services Division and are
available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their
requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be
enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on
the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
20. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of
the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses; or upon the request of the County's representative, shall remove and
ITB 17-7165 Temporary Personnel 23
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dispose such debris and materials from the property. The Vendor shall leave all affected areas as they
were prior to beginning work.
21. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the
State of Florida, or any other public or private foundations shall be subject to the compliance and
reporting requirements of the granting agency.
22. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform the
required service. If required by the County, the Vendor shall supply a list of equipment and an hourly rate
for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise
agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of additional
equipment expense shall be at cost and will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and
obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until
documentation is provided.
ITB 17-7165 Temporary Personnel 24
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CAVY C014"ty
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor's Non -Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB.
If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s)
listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail
to: Collier County Procurement Services Division, 3295 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: ITB 16-7165 Temporary Personnel
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
ITB 17-7165 Temporary Personnel 25
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Co ler county
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. All -granting agency requirements have been met including submittal of required forms.
6. Any required drawings, descriptive literature, etc. have been included.
7. Any delivery information required is included.
8. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been
included.
9. Addendum have been signed and included, if applicable.
10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:
www.sam.gov.
11. Immigration Affidavit and a copy of the company's E -Verify profile page or memorandum of
understanding.
12. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
Company Name
Signature & Title
Date
ITB 17-7165 Temporary Personnel 26
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Co ,e -y Coi4uty
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: ITB 16-7165 Temporary Personnel
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the
Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the
scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid
or the Contract to be entered into as principals are named herein; that this Bid is made without connection
with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith,
without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the
following.
* * * SEE FOLLOWING PAGES
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15)
days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
❑ Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows:
Note: The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required,
and present the formal contract to the County Procurement Director for approval within fifteen (15) days after
being notified of an award.
ITB 17-7165 Temporary Personnel 27
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2017 in the County of , in the State of
Firm's Complete Legal Name
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www,dnb.com)
CCR # or CAGE Code
(Found at www.ccr.gov)
Florida Certificate of Authority
Document Number
(http://www.sunbiz.org)
Federal Tax Identification
Number
Address
City, State, Zip
Telephone Number
FAX Number
Check one of the following
❑
Sole Proprietorship
❑
Corp or P.A. State of
❑
Limited Partnership
❑
General Partnership
Signature / Title
Type Name of Signature
Date
****************************************************************************************************
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
ITB 17-7165 Temporary Personnel 28
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Co ie -r County
Administrative Services Department
Procurement Services Division
Attachment 4: Immigration Law Affidavit Certification
Solicitation # and Title : ITB 16-7165 Temporary Personnel
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to
enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company
Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E -Verify program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature
State of
County of
Date
The foregoing instrument was signed and acknowledged before me this _day of , 20_, by
who has produced
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made,
ITB 17-7165 Temporary Personnel 29
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Co Wer Cou-ftty
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State
FAX
Email
Zip
2. Company Status (check only one)
City
Zip.
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax-exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
D = Disregarded Entit , C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract)
4. Sign and Date Form
Certification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
ITB 17-7165 Temporary Personnel 30
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Govier C0,41 ty
Administrative Services Department
Procurement Servioes Division
Attachment 6: Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. Employer's Liability $ single limit per occurrence
3. Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form) _
patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form InjuryLiability and Property' Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.'
4. ® Indemnification To the maximum extent permitted,', by Florida law, the Contractor/Vendor/
Consultant shall 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, to the
extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Contractor/Vendor/Consultant or anyone employed or utilized
by the Contractor/Vendor/Consultant in the performance of this Agreement.
4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
ITB 17-7165 Temporary Personnel 31
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❑ Employee Dishonesty / Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required
to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of
Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For
any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
ITB 17-7165 Temporary Personnel 32
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Exhibit A: Granting Agency Requirements
ITB 17-7165 Temporary Personnel 33
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ITB 17-7165 Temporary Personnel 34
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16.D.26.dPacket Pg. 1543Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
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Packet Pg. 1544 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1545 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1546 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1547 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1548 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1549 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1550 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1551 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1552 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1553 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1554 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1555 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1556 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1557 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1558 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1559 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1560 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1561 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1562 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1563 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1564 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1565 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1566 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1567 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1568 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1569 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1570 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1571 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1572 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1573 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1574 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1575 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1576 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)
16.D.26.d
Packet Pg. 1577 Attachment: 17-7165 SoftHQ_Contract_VendSign (4037 : Temporary Staffing personnel)