Agenda 09/11/2012 Item #16B5Recommendation to approve the selection come
into negotiations with AIM Engineering for a
Agency (CRA) Request for Proposal Number
Project."
9/11/2012 Item 16.13.5.
dttee s short -list ranking and authorize entering
contract related to Community Redevelopment
12-5$55, "Immokalee Crosswalk Improvement
OBJECTIVE: To obtain the CRA's approval of the
receive approval to negotiate a contract to provide a 1
services for future improvements of pedestrian safety
within the Immokalee Central Business District, wl
approval. The actual construction of the subject imprc
solicitation.
CONSIDERATIONS: On May 21, 2012, staff issue
Florida Statute § 287.055, the Consultants Compe
address ongoing pedestrian safety concerns within
Specifically, this firm will be asked to perform a pe<
Business District, conduct public workshops relat
construction documents and assist with the acquisit
the recommended improvements. These tasks will c
and actual problems related to pedestrian safety along
Four (4) proposals were received by the June 14, 20
on July 19, 2012, and ranked the following firms (in c
1. AIM Engineering
2. Sprinkle Consulting
3. Wilson Miller - Stantec
4. David Plummer & Associates
AIM Engineering is qualified and has experience wi
pedestrian safety systems and inspecting various rf
approval of the short list and authorization to con
ranked finn, AIM Engineering. After contract terr
CRA Board for final approval of the proposed contras
The CRA has obtained funding for design and ultij
improvements through a grant from the United
Development (HUD) as administered by the Collier
Veteran Services under HUD Grant #B- 11- UC -12 -0
2011 (agenda item #16D2).
short-list ranking of consulting fines and
insportation study and professional design
ystems along Main and South First Streets
ch will be brought back to the CRA for
,ements will be addressed under a separate
. a Request for Proposal in accordance with
itive Negotiation Act, to select a fine to
the Immokalee Central Business District.
;strian study within the Immokalee Central
J to pedestrian safety concerns, produce
>n of a construction finn that will execute
[sure that all concerns related to perceived
this corridor are adequately addressed.
2 deadline. The Selection Committee met
of ranked score):
conducting pedestrian studies, designing
ted design projects. Staff recommends
ence contract negotiations with the top
are agreed upon, staff will return to the
late construction of the subject pedestrian
states Department of Housing & Urban
'ounty Department of Housing, Human &
116, approved by the BCC on October 25,
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9/11/2012 Item 16.13.5.
FISCAL IMPACT: The funding for each work order assigned under this contract is available
within the CRA Grant Fund 715, Project 33213 specifically grant Agreement # B- 11- UC -12-
0016 (project #CD11 -05) as amended by the BCC on October 25, 2011 (agenda item #16D2).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting
from this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: That the CRA Board approve the shortlist for RFP No.12 -5855,
hmmokalee Crosswalk Improvement Project, and authorize staff to negotiate a contract with the
top ranked firm, AIM Engineering. Following negotiations, staff will bring a proposed contract
back to the CRA Board for its approval. In the event that an Agreement cannot be reached with
the top ranked firm, the Board authorizes staff to negotiate with the other ranked fines in
accordance with Florida Statue 287.055.
Prepared by:
Bradley Muckel, Principal Project Manager
Collier County CRA - h-nmokalee
Attachments: Attachments: 1) RFP Document 2) Bid Rank Sheet 3) Grant Agreement
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9/11/2012 Item 16.B.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.6.5.
Item Summary: Recommendation to approve the selection committee's short -list ranking
and authorize entering into negotiations with AIM Engineering for a contract related to
Community Redevelopment Agency (CRA) Request for Proposal Number 12 -5855, "Immokalee
Crosswalk Improvement Project."
Meeting Date: 9/11/2012
Prepared By
Name: MuckelBradley
Title: Project Manager,
8/27/2012 12:11:58 PM
Submitted by
Title: Project Manager,
Name: MuckelBradley
8/27/2012 12:12:00 PM
Approved By
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/28/2012 4:20:12 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/28/2012 8:01:59 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 8/29/2012 8:01:53 AM
Name: PhillippiPenny
Title: Executive Director, hmnokalee CRA,
Date: 8/29/2012 2:49:38 PM
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Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/30/2012 10:58:18 AM
Naive: KlatzkowJeff
Title: County Attorney
Date: 8/30/2012 11:09:38 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 7:17:54 PM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 7:18:21 PM
Name: OchsLeo
Title: County Manager
Date: 9/1/2012 12:36:30 PM
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9/11/2012 Item 16.6.5.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
C 7r1er minty 11111 Adminisb -Ave Serum t3avisian
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
12 -5855 — Immokalee Crosswalk Improvement
Lyn M. Wood, Procurement Strategist
Telephone: 239 - 252 -2667
Fax: 239 - 252 -6593
Email: lynwood @colliergov.net
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent
award, or any other legal remedies available to the Collier County Government.
CCNA (Revision 3/1/2012)
Purchasing DepaYrw W 3327 Tamiami Trail East • Naples, Florida 341124901 - wanv.colliergov.netlpurchasin9
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9/11/2012 Item 16.6.5.
Table of Contents
LEGALNOTICE ........................................................................................................................ ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ................................. ............................... 4
EXHIBITI[: GENERAL RFP INSTRUCTIONS ................................................................................. .............................18
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ............................ .............................22
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ................................................... .............................26
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ....................................................... .............................33
ATTACHMENT2: VENDOR CHECK LIST.......... ........................................................................... .............................34
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ................................................................ .............................35
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ............................................................ .............................36
ATTACHMENTS: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................... .............................38
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 .......................................................................... .............................39
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ................................................ .............................40
ATTACHMENTS: REFERENCE QUESTIONNAIRE ........................................................................ .............................42
ATTACHMENT 9: AFFIDAVIT AND CERTIFICATION FOR CLAIMING STATUS AS A SECTION 3 BUSINESS FOR
FORMALSOLICITATIONS ......................................................................................................... .............................44
EXHIBIT I.A: GRANTING AGENCY REQUIREMENTS .............................................................................. .............................45
CDBG SUPPLEMENTAL CONDITIONS
STATE AND FEDERAL STATUTES AND REGULATIONS
SECTION 3 SUPPORT DOCUMENTS EXHIBIT I.B: GRANTING AGENCY FORMS
EXHIBITI.B: GRANTING AGENCY FORMS ................................................................................. .............................46
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY
COVERED TRANSACTIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONS - LOWER
TIERED COVERED TRANSACTIONS
GENERAL GRANT CLAUSES
ACKNOWLEDGEMENT OF RELIGIOUS ORGANIZATION REQUIREMENTS [24 CFR 570.200(1)]
DISCLOSURE OF LOBBYING ACTIVITIES
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9/11/2012 Item 16.6.5.
Cody
Administrative Services Wsion
Purdlasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Immokalee
Crosswalk Improvement will be received until 3:00 p.m., Naples local time, on June 14, 2012
at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL
34112.
CCNA Solicitation
12 -5855 — Immokalee Crosswalk Improvement
Services to be provided shall include, but not be limited to the following: perform a pedestrian study,
design the most effective system improvements and upgrade the existing crosswalks to In- Pavement
Flashing Lights Crosswalk Warning System.
All statements shall be made upon the official proposal form which must be obtained only on the
Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid.
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/ Joanne Markiewicz.
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on May 21, 2012.
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9/11/2012 Item 16.6.5.
Exhibit 1: Scope of Work, Specifications and Response Format
As requested by the Collier County Immokalee CRA (hereinafter, the "Division or Department "),
the Collier County Board of County Commissioners Purchasing Department (hereinafter,
"County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining
proposals from interested and qualified firms in accordance with the terms, conditions and
specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of
Work stated herein. Additionally,
Brief Description of Purchase
Perform a pedestrian study, design the most effective system improvements and upgrade the existing
crosswalks to in- pavement flashing crosswalks along the subject corridors. This is a grant funded by
CBDG. See Exhibit I.A, Granting Agency Requirements and Exhibit I.B, Granting Agency Forms. The
Granting Agency Forms must be completed and submitted with each proposal. Failure to complete and
summit all Granting Agency forms may be grounds for disqualification of the proposal.
Background
Located in the unincorporated section of Collier County, Florida, Immokalee is a rural
agricultural community that has a population of approximately fifty thousand (50,000) at peak
harvest season in the winter months. The Immokalee Community Redevelopment Agency
(CRA) recognizes pedestrian safety and walkability as key components in the livability of
Immokalee, and pedestrianism has historically been a dominant transportation theme in the
area including both foot traffic and cyclists.
The Immokalee CRA has two arterial roadways that run through its central business district.
These are State Road 29 (Main Street) from east to west and County Road 846 (South First
Street) from north to south, which intersect in the middle of town. The area is depicted with a red
line below.
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9/11/2012 Item 16.6.5.
Figure 1: Area of Concern
Currently, both roadways along this stretch are four -lane highways separated by a landscaped
median. Although Collier County Transportation and Florida Department of Transportation have
made improvements to the pedestrian features in the area over recent years, the CRA is
requesting proposals to perform a pedestrian study along the corridor, design the most effective
system improvements, and upgrade the existing crosswalks to In- Pavement Flashing Lights
Crosswalk Warning System ( "Flashing Crosswalk "). This request comes as a result of local
agency concerns over the functionality of the existing crosswalks and the national success of
the Flashing Crosswalk systems at increasing the safety of traditional painted crosswalks,
particularly in downtown settings.
History
In the three -year period 2004 -2007 there were three (3) pedestrian fatalities and sixteen (16)
injuries along the Main Street 1.5 mile stretch of roadway. In January, 2009, in response to this
unusually high incidence of pedestrian /vehicle collisions resulting in a significant number of
pedestrian fatalities and injuries, the Collier County Metropolitan Planning Organization (MPO)
and the Florida Department of Transportation (FDOT) conducted a formal road safety audit of
Main Street in Immokalee from First Street to Ninth Street. Although this Report addressed
numerous concerns surrounding the landscaping in the corridor and specifically suggested
"Gateway" structures at each end of the corridor to act as traffic calming devices, the Report did
not address the functionality of the crosswalks. It was also restricted to Main Street (SR 29) and
did not perform an analysis of South First Street (CR 846).
Following the Road Safety Audit Report, FDOT installed additional mid -block crosswalks along
Main Street. Unfortunately, these crosswalks fail to grab the attention of the majority of drivers
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9/11/2012 Item 16.13.5.
causing a reverse safety effect. In practice, some vehicles (usually in the outside lane) will stop
for pedestrians in the crosswalk while the view of vehicles traveling in the inside lane is
obstructed by the stopped vehicle, therefore failing to see the pedestrian that is stepping into the
roadway. This creates an extremely dangerous situation where the pedestrian feels the
obligation to cross due to stopped traffic only to be hit by inside lane vehicles. See below
schematic for visual representation.
Figure 2: Traffic Schematic
Intersection Pedestrian Entering
Crosswalk
■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Intersection
Stopped Vehicles (see pedestrian)
Moving Vehicle (do not see
..................
It is easy to understand the effectiveness of the In- Pavement Flashing Lights Crosswalks when
reviewing the situation in Figure 2. This situation is commonplace in Immokalee, particularly
along Main Street. In the absence of a clear view of the crosswalk entrance, the Flashing
Crosswalk ultimately acts as a visual cue to let vehicles traveling in the inside lane know that a
pedestrian has entered the crosswalk. The system is comprised of a series of flashing light
units installed just below the pavement surface along the crosswalk lines and facing traffic. Its
purpose is to warn drivers of the presence of a pedestrian about to cross or already in the
crosswalk at uncontrolled intersections.
System Description
There are numerous success stories around the country pertaining to Flashing Crosswalk
systems. This scope has been limited the most recent case studies available and to the
applications that most resemble the Immokalee, Florida scenario in their physical
characteristics. Of particular interest is the example found in Kirkland, Washington because in
this instance the applications were used on a four lane, divided highways in a downtown setting
similar to Immokalee with the same speed limit which produced well- documented, measured
results. Additional information regarding this case study, along with tabulated results of the
Kirkland system upgrade project can be found at the following:
w
http: / /ww ci kirkland wa us /der)art/Public Works/Transportation Streets /Kirkland s Experie
nce with In- pavement Flashing Crosswalks.htm.
In an effort to increase pedestrian safety, the first two flashing crosswalks installed in Kirkland
were installed in fall of 1997, at mid -block locations. These mid -block locations are logistically
identical to the two mid -block problem crosswalks on SR29 along Immokalee's Main Street. In
general, the flashing crosswalks are considered to be a success both in terms of their
effectiveness in causing vehicles to respond to pedestrians and in terms of their public support.
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9/11/2012 Item 16.6.5.
In fact, at the time of this writing, Kirkland was receiving bids for an additional fourteen (14)
systems.
The City of Kirkland first became aware of the device through a communication by the State of
Washington Traffic Safety Commission (WTSC) which knew of the City's interest in pedestrian
safety innovation. Based upon conversations with the manufacturer (name omitted intentionally
for grant compliance reasons) and other user cities along with materials provided by those
parties, the Safety Commission decided to propose to its City Council that it conduct a series of
experiments with the flashing crosswalk devices.
Figure 3: Kirkland Schematic
FIGURE is ScHmmAnc of TYPICAL KiRKLAt4v FLASHING CROSSWALK
A) fNMMAt. LAYOUT
R) Cut AWAY YteW dD qt- MYCttL"N7 HMAO
1
1
C) HeAL AIMING, S-CANC SGCYFON. ZSMP" SM' M
(AYNMI[TMC "WT CA*s4WAiX)
The flashing crosswalk systems installed at Kirkland consist of heads imbedded in the
pavement, a controller and push- button activation devices. Heads were installed at seven
locations perpendicular to the crosswalk across both approaches and across all lanes to
increase visibility and command attention. Illumination is provided by LED banks in each head
which sit behind a clear lens. At the recommendation of the manufacturer, the heads are
mounted at varying low angles to the roadway centerline, and aim at points 250, 300 and 350
feet down the roadway and at various positions across the traveled way (see Figure 3 above).
The device is controlled by a solid state controller unit mounted in a standard type NEMA
housing. The controller is capable of flashing the LEDs for a variable amount of time, counting
the number of pedestrian activations, and dimming the displays; a time clock can initiate a
constant activation or allow the head to burn steadily. Because it is designed to work from a 9
volt power supply, the cabinet also contains a back -up battery which can power the crosswalk
for several hours of operation.
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9/11/2012 Item 16.13.5.
The flash rate of the LEDs is a proprietary rate consisting of, in simple terms, two quick ones
followed by a longer one followed by a long off. This flash cycle is approximately three (3)
seconds long and was designed to maximize the effects that attract viewer's attention while not
causing negative side effects to those sensitive to flashing lights. Kirkland sets the flasher to
remain active for a time interval in seconds equal to the number of feet of the crossing divided
by three (3). Observations show that this time is reasonable for most pedestrians. Optimally, the
time would be long enough to protect the pedestrians but not long enough to show vehicles
flashing heads when no pedestrians are present. Pedestrians activate the device, wait for traffic
to clear the crosswalk or come to a stop, and then begin to walk across the street. Studies in
Kirkland show that the 85th percentile walking speed is considerably more than three (3) feet
per second so that the extra time allowed for in the crossing interval used for vehicles to stop is
compensated for by the walking speed.
Activation schemes that are passive to the pedestrian are used following the assumption that
pedestrians will exercise more caution if they do not know the crosswalk is flashing. In other
cities, microwave detectors have been used with limited success; the devices were not able to
detect one hundred percent (100 %) of pedestrians. Video detection as used in traffic signals
has been used with more reliability. LightGuard Systems, Inc. has developed a bollard system
that activates the heads when a pedestrian passes between the bollards. Whitlock &
Weinberger indicate that an automatic detection system is more appropriate than a push button
system.
Scope of Work
Task 1 — Coordination
This task includes set -up and attendance at two project meetings (preliminary recommendations
review, and final recommendations review) with representatives from the CRA, MPO, Collier
County Transportation Department and /or FDOT staff. Other presentations could be scheduled
if necessary.
Task 2 — Background Research
This task includes detailed research of pedestrian safety countermeasures that will include at
least the following resources:
• FHWA's "PEDSAFE" manual
• Pedestrian and Bicycle Information Center website (www.walkinginfo.org)
• FHWA's Bicycle and Pedestrian Program
• Resource Center Safety and Highway Design Team
• FHWA Safety Research and Development
• National Highway Traffic Safety Administration (NHTSA)
• National Transportation Safety Board (NTSB)
• National Highway Institute
• AASHTO Strategic Highway Safety Plan
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9/11/2012 Item 16.13.5.
Task 3 – Data Collection
A. Roadway and Pedestrian Data
This task includes traffic and pedestrian counts at major intersections. Other data to be
collected includes:
• Traffic control devices
• Adjacent roadway characteristics
• Transit Routes (including schedule)
• Posted speed limits
• Speed Zones
• Existing traffic calming devices
B. Crash Data
Under this task, the consultant will secure and summarize the most - recent ten (10) years of
pedestrian and bicyclist crash data. The summary will include when and where the crash
occurred, pavement conditions, type of lighting, loss of property, and if there were any injuries or
fatalities. The Pedestrian and Bicycle Crash Analysis Tool (PBCAT) could be used to analyze
the crash data.
C. Agency Interviews
As part of this task, the consultant will meet with representative from The Collier County
Sheriff's Department, Public Works and /or other local agencies to obtain information regarding
pedestrian incidents, known deficiencies and plans for improvements.
D. Field Review
The consultant will conduct a comprehensive field review of the area to help identify existing
deficiencies at the existing crossings and the roadway system. This information will be provided
in an Existing Conditions map and on a table identifying issues and problems by location. The
spreadsheets will also show possible solutions and /or actions needed to correct the issues.
Task 4 – Preliminary Recommendations
Once the consultant has identified where pedestrian problems and issues exist, it will start
developing solutions that will make the corridor(s) safer, more accessible, and more inviting to
pedestrians.
A. Short and Long Term Engineering Recommendations
Designing, engineering, operating, and maintaining quality roadways and pedestrian facilities is
a critical element in producing a pedestrian - friendly environment. There are a number of
engineering solutions that can be applied to improve the quality of the pedestrian network. They
can be organized into the following groups:
Roadway and Pedestrian Facility Design — Pedestrians must be included in the
planning and design of roadway plans. This includes reconstruction, repaving, and
retrofits of existing streets. Some elements of roadway design pertain specifically to
pedestrians, such as sidewalks and crosswalks. However, the overall design and
operational elements of the roadway are just as important. Roadway width, number
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9/11/2012 Item 16.13.5.
of lanes, traffic speed, and traffic volumes all impact the overall functionality of a
road and how it meets the goals of providing access and mobility to all users. A
geometric element such as street width affects the time needed to cross the street,
whereas an operational parameter like traffic direction (one -way versus two -way)
affects the number of potential conflicts between motorists and crossing
pedestrians. Pedestrian facilities such as sidewalks, walkways, curb ramps, and
other facilities need to be safe, accessible, and aesthetically pleasing to attract
pedestrians.
2. Street Crossings — Ensuring that people can cross streets safely and
conveniently to access their destination is essential to creating an effective
transportation network. People must be able to cross streets at intersections and
midblock locations, at controlled (signals, stop signs, etc.) and uncontrolled
locations, on major streets and on minor streets. Crossing the street can be one of
the primary barriers to achieving true accessibility and mobility, and every
accommodation should be made to make crossings work effectively for pedestrians.
3. Traffic Calming — Traffic calming is a way to design streets, using physical
measures, to encourage people to drive slower. It creates physical and visual cues
that induce drivers to travel at slower speeds. While elements such as landscaping
and lighting do not force a change in driver behavior, they can provide the visual
cues that encourage people to drive more slowly. The reason traffic calming is such
a powerful and compelling tool is that it has proven to be so effective. Some of the
effects of traffic calming, such as fewer and less severe crashes, are clearly
measurable. Others, such as supporting community livability, are less tangible, but
equally important.
4. Designing for Special Pedestrian Populations — Special pedestrian populations
include young children, senior citizens, and disabled persons. Each special
pedestrian population has their own unique set of characteristics that limit their
ability to safely travel across and along roadways. For example, young children do
not have the maturity and capability to understand how to share the roadway with
vehicles and how to safely cross streets. Older pedestrians are not as mobile as
younger adults and /or may have limited hearing or vision. Physical disabilities may
include no or limited vision, the need to use a wheelchair, walker, or other mobility
assistance device. Design elements that deserve special consideration for
pedestrians with disabilities include:
Wheelchair ramp placement and design (ramp slope, side - slope, level landing,
crosswalk placement, detectable warning, smooth transitions, etc)
• Clear sidewalk width
• Sidewalk cross -slope
• Street furniture design and placement
• Tactile warning strips at street crossings
• Audible pedestrian signals (for information on accessible pedestrian signals,
visit the Accessible Pedestrian Signal web site)
• Pedestrian crossing time
• Construction zones and temporary work zones
• Other pedestrian features
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5. ITS Technologies - ITS technologies are presently being used to improve
pedestrian access and mobility and enhance pedestrian safety by providing
feedback to both waiting and crossing pedestrians, increasing motorist awareness,
passively detecting pedestrians, and providing critical information to the visually
impaired. Sample ITS technology that is currently used include:
• Microwave Detector
• Animated Eyes Display
• Count -Down Signals
• In- pavement Lighting
• Infrared Detector
• Illuminated Push - buttons
• Accessible Pedestrian Signals
B. Education
Education can be a powerful tool for changing behavior and improving safety skills.
Pedestrians, bicyclists, and motorists alike can benefit from educational tools and messages
that teach them the rules, rights, and responsibilities of various modes of travel.
There are major differences in the walking abilities, behavioral patterns, and learning
capacities of different groups of pedestrians and other road users. For example, children
have different physical and psychological abilities than adult pedestrians, young drivers
exhibit different behaviors and driving skills than older drivers, and college age pedestrians
may be reached through educational outlets that differ from those of other groups.
Florida has a large Hispanic population. A study conducted by FHWA found that a
disproportionate number of the persons killed in highway crashes of all types are Hispanics.
Each year an average of five hundred forty -five (545) Hispanics are killed in pedestrian
crashes. Hispanic pedestrians account for sixteen and three - tenths percent (16.3 %) of all
pedestrian crashes nationwide. The study suggested that cultural differences, language
problems, and a lack of familiarity with traffic in the United States may be involved (Braver,
2003). Therefore providing education in Spanish could be essential. FHWA has an
extensive library of resources and materials for Hispanic pedestrians and bicyclists.
Consultant should include attendance at two public informational workshops in its proposal
to be held in Immokalee during the hours of 5 -7 P.M. The first of the two workshops should
take place early in the due diligence phase in order to garner input from local Immokalee
residents and /or agencies regarding trouble spots along both corridors. Theprimary
objective of the second workshop will be to present findings and outline the projected
improvements, along with a rough project schedule. The Immokalee CRA Project Manager
will draft agendas and chair each of the two workshops, with input from the consultants as
needed.
C. Enforcement
Enforcing traffic laws and regulating pedestrians, bicyclists, motorists, and other roadway
users is a key element for ensuring a safe and healthy walking environment. Enforcement
programs can be used to educate roadway users about the traffic laws that govern them.
They also serve as periodic reminders to obey traffic rules; encourage safer behaviors; and
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monitor and protect public spaces. They can also help reinforce and support educational
programs.
The first step for building an enforcement program lies in reviewing and modifying laws and
olp icies affecting pedestrians. It is critical that effective procedures are in place for handling
violators and for training law enforcement officers.
The term "enforcement" is not limited to law officers issuing tickets. Enforcement activities
can involve a variety of methods to encourage certain behaviors and deter others.
Enforcement activities can be carried out by many different community groups, from parents
and employers to neighborhood associations to law enforcement agencies. Developing
partnerships for law enforcement is a key component of a successful and lasting
enforcement program.
D. Encouragement
By encouraging walking, individuals and organizations plant the seeds for initiating change
by creating awareness about pedestrian issues and alerting others to the benefits of
walking and the ways that walkable places foster healthier, more livable communities.
Under this task the consultant will examine concepts for changing values, perceptions, and
behaviors related to walking and provide ideas and strategies to promote walking.
E. Evaluation Measures
It is important to evaluate the progress and results of implementing a pedestrian safety plan.
By monitoring the effects of the improved pedestrian facilities and measuring the results of
the education, enforcement and encouragement programs, the CRA will make sure local
officials and the public understand the benefits of the investments. Equipped with solid,
objective data about the impacts and results of such investments, the public and
government officials may be more supportive of future bicycle and pedestrian improvements
and programs.
Suggested Evaluative Measures:
• Conduct periodic pedestrian counts using uniform methods
• Continually monitor the TIP to identify projects where appropriate pedestrian and bicycle
safety standards can be incorporated
• Update user surveys to gather additional information about bicycle and pedestrian travel,
attitudes and behavior patterns
• Conduct "before and after" studies to evaluate the impact of improved and expanded
facilities on levels of biking and walking, safety, and traffic
• Perform empirical studies to measure the effects of safety, education and
encouragement programs on pedestrian, bicyclist, and motorist behavior, as well as on
levels of biking and walking
Task 5 — Final Recommendations
The consultant will prepare a final report that will document the project development process,
background information, data collection and final recommendations. The report will be in
sufficient detail to allow the CRA to implement the proposed improvements. This task includes
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9/11/2012 Item 16.13.5.
producing construction level installation drawings of the recommended products, ready for bid,
permitting and the ultimate implementation of suggested improvements. The consultant will
provide a line item estimate of the project construction.
Task 6 — Pedestrian Safety Toolbox
A toolbox of strategies to create a safe pedestrian environment will be developed under this
task. The main goal of the toolbox is to make roadways safer and more pedestrian friendly. The
strategies will be compatible with pedestrian and neighborhood characteristics. The toolbox will
provide residents, planners and local leaders the flexibility to design roads and pedestrian
facilities that meet the needs, goals and objectives of a particular neighborhood.
Although the primary focus of this initiative will most likely be on the in- roadway illuminated
crosswalk product, the toolbox may also include a large arrangement of countermeasures that
can be applied depending on the safety issue identified. The toolbox will include the following
pedestrian safety treatments:
Accessible pedestrian signals
Pedestrian pushbutton treatments
Automatic pedestrian detection
Pedestrian refuge islands 'r
Countdown signals i
Raised crosswalks
Crosswalks j °_
Reduced curb radii
Curb extensions: bulbouts and chokers l
Roadway lighting improvements
Diagonal or perpendicular crossings `
RoadwaV narrowing
Driveway improvements
Signal timing for pedestrians
In-roadway waming Fights at crosswalks
Transit stop treatments
Mid -block signalized crossings
Turn restrictions
Orange flags
Wheelchair ramps
Pavement legends for pedestrians
Term of Contract
The contract term, if an award(s) is /are made is intended to be for current needs only. It is
expected that the terms of the contract will be less than one (1) year.
Surcharges will not be accepted in conjunction with this contract, and such charges should
be incorporated into the pricing structure.
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions,
terms and conditions of same, and all ordinances and policies of Collier County. The Vendor
further agrees that if the contract is awarded the work will be performed in accordance with
the provisions, terms and conditions of the contract.
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9/11/2012 Item 16.6.5.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal
that contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in the
RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word
format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal
submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated
by tabs. Failure by a Vendor to include all listed items may result in the rejection of its
proposal.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include the
name(s), telephone number(s) and email(s) of the authorized contact person(s)
concerning. proposal. Submission of a signed Proposal is Vendor's certification that the
Vendor will accept any awards as a result of this RFP.
2. Tab II, Business Plan (20 points)
In this tab, include:
• Detailed plan of approach (including major tasks and sub - tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
3. Tab 111, Experience and Capacity of Firm (25 points)
Provide information that documents your firm's and subcontractors' qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services. Also
describe the various team members' successful experience in working with one another
on previous projects.
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9/11/2012 Item 16.13.5.
List Current Projects in the Format Identified Below
Project Original Final Project Number of
Start Date End Date Change
Description Budget Cost Orders
4. Tab IV, Specialized Expertise of Team Members (25 points)
Attach resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific services.
The same should be done for any sub - consultants. If sub - consultants are being utilized,
letters of intent from stated sub - consultants must be included with proposal submission.
5. Tab V, References — 5 Completed and Returned (10 points)
In order for the vendor to be awarded any points for this tab, the County requests that
the vendor submits five (5) completed reference forms from clients whose projects are
of a similar nature to this solicitation as a part of their proposal. The County will only use
the methodology calculations for the first five (5) references (only) submitted by the
vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create
a ranking from highest number of points to lowest number of points. References
marked with an N/A (or similar notation will be given the score of zero (0)). Vendors
who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor
who has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's
points which will then be multiplied by criteria points to determine the vendor's points
awarded. Each subsequent vendor's point score will be calculated in the same
manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
'.Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
20
Vendor DEF
435
19.6
Vendor GHI
425
19.1
Vendor JKL
385
17.3
Vendor MNO
385
17.3
Vendor PQR
250
11.2
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9/11/2012 Item 16.13.5.
Note: Sample chart reflects a 20 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the vendor's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per vendor. The Selection Committee may, at their sole discretion,
contact references, and /or modify the reference points assigned after a thorough review
of the proposal and prior to final ranking by the final Selection Committee.
6. Tab VI, Section 3 Business Concern (20 points)
Collier County provides an incentive to certified Section 3 businesses to enhance the
opportunities and ensure that employment and other economic opportunities generated
by certain HUD Housing and /or Community Development Assistance funding shall, to
the greatest extent feasible, and consistent with existing Federal, State, and local law
and regulations, be directed to low- and very-low income persons and to business
concerns which provide economic opportunities to low- and very-low income persons of
local businesses to receive awards of Collier County contracts.
A "Section 3 Business" is defined as a business that provides evidence of their Section 3
certification at the time the bid is offered to the County; evidence shall not be provided
after the bid closing time. In the evaluation of proposals, the County rewards Vendors
for being Section 3 certified by assigning 15 — 25 percent of the total award criterion
toward businesses that:
• Is fifty -one percent (51 %) or more of the business owned by Section 3 residents (5
points)
• Employees: Section 3 residents make up at least thirty percent (30 %) of the
company's full -time, permanent staff (5 points)
• Provides evidence of a commitment to subcontract Section 3 business concerns,
twenty -five percent (25 %) or more of the dollar amount awarded in the contract (5
points)
• Provides evidence of a commitment to train Section 3 residents and businesses (5
points)
Proposer must complete and submit with their response the Affidavit and Certification for
Claiming Status as a Section 3 Business which is included as part of this solicitation and
their current Section 3 certification.
Failure on the part of a Proposer to submit this Affidavit and the certification with
their proposal will preclude said Proposer from being considered for Section 3
preference on this solicitation.
A Proposer who misrepresents the Section 3 Preference status of its firm in a bid
submitted to the County will lose the privilege to claim Section 3 Preference status for a
period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible
proposer determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
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9/11/2012 Item 16.9.5.
7. Tab VII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
8. Tab VII, Required Form Submittals
• Attachment 2: Vendor Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Form'
• Attachment 5: Immigration Affidavit and company's E- Verify profile page and
memorandum of understanding
• Attachment 6: Vendor Substitute 9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Attachment 9: Affidavit and Certification for Claiming Status as a Section 3
Business for Formal Solicitations
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Exhibit II: General RFP Instructions
1. Questions
9/11/2012 Item 16.13.5.
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.colliergov.net/bid.
Vendors must clearly understand that the only official answer or position of the County will
be the one stated on the Collier County Purchasing Department E- Procurement website. For
general questions, please call the referenced Procurement Strategist noted on the cover
page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Vendors having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only
pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as
"mandatory ", prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement
Strategist, noted herein, of such error in writing and request modification or clarification of
the document prior to submitting the proposal. The Procurement Strategist will make
modifications by issuing a written revision and will give written notice to all parties who have
received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the
preparation of its proposal in response to this. RFP, nor for the presentation of its proposal
and /or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
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6. Delivery of Proposals
All proposals are to be delivered before 3:00 p.m.,
2012 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Lyn M Wood, Procurement Strategist
9/11/2012 Item 16.B.5.
Naples local time, on or before June 14,
The County shall not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General
Services Director, or designee, shall reserve the right to accept proposals received after the
posted close time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
shall include but not be limited to: late delivery by commercial carrier such as Fed
Ex, UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit one (1) paper copy clearly labeled "Master," five (5) paper copies
and one (1) compact disk (CD) with one (1) copy of the proposal on the CD in Word,
Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution
Number 2006 -268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act.
The County's procedure for selecting is as follows:
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9/11/2012 Item 16.6.5.
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will
post a notice announcing the date, time and place of the first committee meeting.
Said notice shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall endeavor to post
such notices at least one (1) day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable
of and has a history of successfully completing projects of this type, including,
without limitation, additional information Collier County may request interviews, or
oral presentations.
8. The Selection Committee, as approved by the County Manager, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. The Selection Committee will rank qualified firms in
order of preference and by consensus using all information presented to the
Committee, choose the top ranked firm and will subsequently enter into negotiations
with the top ranked firm. Award of the contract is dependent upon the successful and
full execution of a mutually agreed contract.
9. Negotiations shall begin with the top - ranked firm(s) in accordance with Florida
Statute 287.055.
10. Upon the successful completion of negotiations, contracts will be presented to the Board of
County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and /or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requiring the granting of zoning variances
shall not be considered.
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9/11/2012 Item 16.13.5.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Business Plan 20
Experience and Capacity of the Firm 25
Specialized Expertise of Team Members 25
Customer and Reference Listing 10
Section 3 Business Concerns 20
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the vendor (as obtained from the County's
financial system) within the last five (5) years will receive the higher individual ranking. This
information will be based on information provided by the Vendor, subject to verification at
the County's option. If there is a multiple firm tie in either individual scoring or final ranking,
the firm with the lowest volume of work shall receive the higher ranking, the firm with the
next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re- solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Vendor, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Vendor or to re- advertise using the same or revised
documentation, at its sole discretion.
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4.
9/11/2012 Item 16.13.5.
Exhibit III: Collier County Purchase Order Terms and Conditions
Offer
and to comply with all carrier
This offer is subject to cancellation by the
regulations. Risk of loss of any goods
COUNTY without notice if not accepted by
sold hereunder shall transfer to the
VENDOR within fourteen (14) days of
COUNTY at the time and place of
delivery; provided that risk of loss prior
issuance.
to actual receipt of the goods by the
Acceptance and Confirmation
COUNTY nonetheless remain with
This Purchase Order (including all
VENDOR.
documents attached to or referenced
b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement
for packing, crating or cartage unless
between the parties, unless otherwise
otherwise specifically stated in this
specifically noted by the COUNTY on the
Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery
provided in Purchase Order, no invoices
of goods and/or services received by the
shall be issued nor payments made
COUNTY from VENDOR shall be deemed to
prior to delivery. Unless freight and
be upon the terms and conditions contained
other charges are itemized, any
in this Purchase Order.
discount will be taken on the full amount
of invoice.
No additional terms may be added and
c) All shipments of goods scheduled on the
Purchase Order may not be changed except
same day via the same route must be
by written instrument executed by the
consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on
must be consecutively numbered and
notice that the COUNTY objects to any
marked to show this Purchase Order
additional or different terms and conditions
number. The container and Purchase
contained in any acknowledgment, invoice
Order numbers must be indicated on bill
or other communication from VENDOR,
of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance
Purchase Order number and must be
or payment for any delivery of goods and /or
included on each package of less than
services, or any similar act by VENDOR.
container load (LCL) shipments and /or
with each car load of equipment. The
Inspection
COUNTY reserves the right to refuse or
All goods and /or services delivered
return any shipment or equipment at
hereunder shall be received subject to the
VENDOR'S expense that is not marked
COUNTY'S inspection and approval and
with Purchase Order numbers.
payment therefore shall not constitute
VENDOR agrees to declare to the
acceptance. All payments are subject to
carrier the value of any shipment made
adjustment for shortage or rejection. All
under this Purchase Order and the full
defective or nonconforming goods will be
invoice value of such shipment.
returned pursuant to VENDOR'S instruction
d) All invoices must contain the Purchase
at VENDOR'S expense.
Order number and any other specific
information as identified on the
To the extent that a purchase order requires
Purchase Order. Discounts of prompt
a series of performances by VENDOR, the
payment will be computed from the date
COUNTY prospectively reserves the right to
of receipt of goods or from date of
cancel the entire remainder of the Purchase
receipt of invoices, whichever is later.
Order if goods and /or services provided
Payment will be made upon receipt of a
early in the term of the Purchase Order are
proper invoice and in compliance with
non - conforming or otherwise rejected by the
Chapter 218, Fla. Slats., otherwise
COUNTY.
known as the "Local Government
Shipping and Invoices
Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must
the Board of County Commissioners
be suitably packed and prepared to
Purchasing Policy.
secure the lowest transportation rates
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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.
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.
9/11/2012 Item 16.13.5.
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.
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).
Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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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 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
9/11/2012 Item 16.6.5.
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
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C)
d)
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.
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.
The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
9/11/2012 Item 16.6.5.
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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9/11/2012 Item 16.6.5.
Exhibit IV: Additional Terms and Conditions for RFF
1. Insurance and Bonding 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 the Insurance and
Bonding attachment 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
Insurance and Bonding attachment, 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.
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Should at any time the Vendor not maintain the insurance coverage(s) requireui11 /'2012 Item y1s6cy
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.
2. 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.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for seventy -five percent (75 %) or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract
within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and /or
service agreements or other documents provided by the Vendor.
7. Site Inspection
If services to be provided involve or are related to a physical site(s), including, but not limited to:
design services for construction, physical monitoring, environmental studies, inspections or other
similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County
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9/11/2012 Item 16.13.5.
project manager to become familiar with local conditions that may in w. ,y , „., „ -
performance of the Work. This site visit shall be documented in writing by the proposer with sign -off
by the County project manager; this documentation shall be submitted with the proposal. The
proposal will be deemed non - responsive if the site visit documentation is not presented to the
County in the proposer's submitted proposal materials. Upon award of the contract, subsequent
site visits shall be at intervals appropriate to the stage of the project, as determined by the County
project manager.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may
be encountered in the execution of the Work pursuant to this Agreement as a result of failure to
make the necessary examinations and investigations shall be accepted as an excuse for any failure
or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time.
9. Payment Method
Payments are made in accordance with the 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: bccaoclerk ccD_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.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). 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 shall be
submitted to the Project Manager on a monthly basis by the Vendor 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.
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9/11/2012 Item 16.13.5.
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.
10. 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.
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. Awk
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.
11. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other
authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Vendor to submit the required documentation may be grounds to deem Vendor
non- responsive. A Vendor, with an office within Collier County is also 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
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9/11/2012 Item 16.6.5.
If you have questions regarding professional licenses contact the Contracior Ucensing, t,ornrnunuy
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477.
12. Principals /Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
13. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor,
and that neither the Vendor nor their employees shall, under any circumstances, be considered
employees or agents of the County, and that the County shall be at no time legally responsible for any
negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Vendor be found to have failed to perform his 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.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does. not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). A copy of
the document shall 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.
17. Single Proposal
Each Vendor must submit, with their proposal, the required forms includet' in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
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9/11/2012 Item 16.6.5.
primary or as part of a partnership or joint venture as a primary, that legal c1 1uLy I I Idy dL l dJ d ZIuv-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
18. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former,
shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals.
All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time
on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Purchasing 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 Purchasing Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
20. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing 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.
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
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.
22. 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. omw
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9/11/2012 Item 16.6.5.
Violation of this provision may result in one or more of the following consequences: a. t- ronioition oy ine
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.
23. 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 Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor
does not comply with providing 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:l/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 se q. 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.
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9/11/2012 Item 16.13.5.
sex County
Purchasing .
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation 12 -5855 — Immokalee Crosswalk Improvement for the
following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (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):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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9/11/2012 Item 16.6.5.
C'-&Ier Copy
,4d1mr ismawe Smices Civision
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Vendor should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Lyn M. Wood, Procurement Strategist
CCNA Solicitation: 12 -5855 — Immokalee Crosswalk Improvement
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -2592-
Date
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9/11/2012 Item 16.13.5.
Ter C..Oty
Adminisba" Savbi s Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during
the contract and /or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of _
County of _
SUBSCRIBED AND SWORN to before me this
20
by
Notary Public
day of
, who is personally known to me to be the
for the Firm, OR who produced the following identification
My Commission Expires
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9/11/2012 Item 16.6.5.
T COUntY
Acicrtnistrat +e Services Dvisicn
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 12 -5855 — Immokalee Crosswalk Improvement
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any
other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by CCNA Solicitation: 12 -5855 — Immokalee Crosswalk Improvement.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2012 in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax Identification
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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9/11/2012 Item 16.13.5.
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
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9/11/2012 Item 16.6.5.
c;o ler cmmty
Adm nist -alive Senkes Civision
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 12 -5855 — Immokalee Crosswalk Improvement
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 I Date
State of _
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
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.
RFP CCNA Template_03012012
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38
Packet Page -2596-
9/11/2012 Item 16.6.5.
Cc3 ter Cc xi '
Aimisirative Services ovision
Purrhasng
Attachment 6: 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
Order Information
Address
City State
FAX
Email
FAX
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 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, l certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Packet Page -2597-
9/11/2012 Item 16.6.5.
ti ier'• County
Administrative Services Oivisicn
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance I 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 $1,000,000single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form 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
ContractorNendor /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 ContractorNendor /Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability $ 1,000,000 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
RFP CCNA_Template RevisedJune2009
❑ 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.
Q Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Packet Page -2598-
9/11/2012 Item 16.13.5.
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
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.
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
Vendor Signature
Print Name
Insurance Agency
Agent Name
Packet Page -2599-
Date
Telephone Number
RFP CCNA Template_03012012
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9/11/2012 Item 16.6.5.
Coer county
Adm n stWoe Services DivisW
Pimhasin4,
Attachment 8: Reference Questionnaire
Solicitation: 12 -5855 — Immokalee Crosswalk Improvement
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
Packet Page -2600-
I
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42
9/11/2012 Item 16.6.5.
C oA.*r CII ty
Purcnasng
Attachment 9
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1963, as amended, 12 U.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.
B. 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.
C. The contractor agrees to send to each labor organization or representative or 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 Section 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.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this. Section 3 clause,, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR pact 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.
E. 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.
F. 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.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section
7(b) of the Indian Self- Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,
and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and
Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to
the maximum extent feasible, but not in derogation of compliance with section 7(b).
RFP CCNA Template_03012012
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43
Packet Page -2601-
9/11/2012 Item 16.13.5.
c -1 C— y
Dwman
"_._Q
Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations
Solicitation # 12 -5855 — Immokalee Crosswalk Improvement
This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain
HUD Housing and /or Community Development Assistance shall, to the greatest extent feasible, and consistent with
existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business
concerns which provide economic opportunities to low- and very -low income persons.
A Section 3 business concern is defined as follows:
1. That is 51 % or more owned by Section 3 residents; or
2. Whose permanent, full -time employees include persons, at least 30% of whom are currently Section 3 residents,
or within three years of the date of first employment with the business concern were Section 3 residents; or
3. That provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to
be awarded to business concerns that meet the qualifications set forth in section one or two above.
In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3
covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below:
1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD
HOUSING AND /OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs;
3. Cateoory 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a
Section 3 business concern as described above.
Vendor Name:
Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
.20
Notary Public
My Commission Expires:
Packet Page -2602-
(AFFIX OFFICIAL SEAL)
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44
9/11/2012 Item 16.13.5.
Exhibit LA: Granting Agency Requirements
CDBG Supplemental Conditions
State and Federal Statutes and Regulations
Section 3 Support Documents
Packet Page -2603-
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45
9/11/2012 Item 16.6.5.
CDBG Supplemental Conditions 10 /112011- (1)
The supplemental conditions contained in this section are intended to cooperate with, to
supplement, and to modify the general conditions and other specifications. In case of
disagreement with any other section of this contract, the Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy
of the signed subcontract must be forwarded to the Department for review and approval. The
vendor agrees to include in the subcontract that (1) the subcontractors 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.
Check Boa
If Applicable
® 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. Special Equal Opportunity Provisions including Section 3_
® 8. Conflict of Interest
® 9. Utilization of Minority and Women's Businesses
❑ 10. Federal Labor Standards Provisions (Davis- Bacon, Copeland, and Contract Work
Hours Act)
❑ 11. Guidance to Contractor for Compliance With Labor Standard Provisions
® 12. Lobbying Prohibition
® 13. Debarment
® 14. Historic Preservation
® 15. Record Keeping and Documentation
® 16. Grantee Recognition
® 17, Copyright and Patent Rights
® 18. Religious Organizations
Packet Page -2604-
CDBG Supplemental Conditions
1. TERMINATION
(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 ](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 additional
costs to the local government because of the
contractor's default.
If termination for convenience is effected by the local
government, the equitable adjustment shall include a
reasonable profit for services or other work performed
for which profit has not already been included in an
invoice. For any termination, the equitable adjustment
shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the
notice of intent to terminate, in addition to termination
settlement costs reasonably incurred by the contractor
relating to commitments (e.g., suppliers,
subcontractors) which had become firm prior to receipt
of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs
(a) or (b) above, the contractor shall (1) promptly
discontinue all affected work (unless the notice directs
otherwise) and (2) deliver or otherwise make available to
the local government all data, drawings, reports
specifications, summaries and other such information, as
may have been accumulated by the contractor in performing
this contract, whether completed or in process.
9/11/2012 Item 16.13.5.
10/1/2011 -(2)
E. Upon termination, the local government may take over
the work and may award another patty 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 Florida Department of Economic
Opportunity, the U.S. Department of Housing and Urban
Development, the Comptroller General of the United States,
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.
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).
7. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subiect to Executive Order
11246. as Amended (Aanlicabie to Federally assisted
construction contracts and related subcontracts $10.000 and -
unden
Packet Page -2605-
CDBG Supplemental Conditions
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, 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 or national origin.
(3) Contractors shall incorporate foregoing
requirements in all subcontracts.
B Executive Order 11246 (contracts /subcontracts above
$10.000)
(1) Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor
agrees as follows:
(a) The Contractor will not discriminate against
any employee or applicant for employment
because of race, color, religion, sex, 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, 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 a conspicuous place, available to
employees and applicants for employment, notices
to be provided setting forth the provisions of this
nondiscrimination clause.
(b) The Contractor will, in all solicitations or
advertisements for employees placed by or on
behalf of the Contractor, state that all qualified
9/11/2012 Item 16.6.5.
10/1/2011 -(3)
applicants will receiveconsideration without regard
to race, color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract
or understanding a notice to be provided by the
Contract Compliance Officer advising the said
labor union or worker's representatives of the
Contractor's commitment under this section, and
shall post copies of the notice in conspicuous
places available to employees and applicants for
employment
(d) The Contractor will comply with all provisions
of Executive Order 11246 of September 24, 1965,
and of the Rules, Regulations, and Relevant
Orders of the Secretary of Labor.
(e) 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 Department and the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations,
and other.
(f) 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, be declared
ineligible for further Government contracts in
accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(g) The Contractor will include the Provisions of
the sentence immediately preceding Paragraph (a)
and the provisions of Paragraphs (a) through (g) 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 the Department may direct as a
means of enforcing such provisions, including
sections of 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 by the Department, the Contractor may
request the United States to enter into such
Packet Page -2606-
CDBG Supplemental Conditions
litigation to protect the interest of the United
States.
(2) Notice of Requirement for Affirmative Action to
Ensure Equal Employment Opportunity (Executive
Order 11246). (Applicable to contracts /subcontracts
exceeding $10,000.)
(a) The Offerer's or Bidder's attention is called to
the `Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity
Construction Contract Specifications" set forth
herein.
(b) The goals and timetables for minority and
female participation, expressed in percentage
terms for the. Contractor's aggregate workforce in
each trade on all construction work in the covered
area, are as follows:
Female participation: 6.9% (statewide)
Minority participation (See Appendix at CDBG -25
for goals for each county)
These goals are applicable to all Contractor's
construction work (whether or not it is federally -
assisted) performed in the covered area If the
Contractor performs construction work in a
geographic area located outside of the covered
area, it shall apply the goals established for such
geographic area where the work is actually
performed. With regard to this second area, the
Contractor also is subject to the goals for both its
Federally involved and non-Federally. involved
construction.
The Contractor's compliance with Executive
Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal
Opportunity Clause, specific affirmative action
obligations required by the specifications set forth
in 41 CFR 60 -4.3 (a), and its efforts to meet the
goals established or the geographic area where the
contract resulting from his solicitation is to be
performed. The hours of minority and female
employment or training must be substantially
uniform throughout the length of the contract and
in each trade the Contractor shall make a good
faith effort to employ minorities and women
evenly on each of its projects. The transfer of
minority or female employees or trainees from
Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor's
goals shall be a violation of the contract, the
Executive Order, and the regulations in 41 CFR
9/11/2012 Item 16.6.5.
10/1/2011- (4)
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 Director of the Office of Federal
Contract Compliance Programs 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.
(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.
(3) Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order
11246).
(a) As used in these specifications:
1. "Covered area" means the geographical
area described in the solicitation from which
this contract resulted;
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2. "Director" means Director, Office of
Federal Contract Compliance Programs,
United States Department of Labor, or any
person to whom the Director delegates
authority;
3. "Employer identification number" means
the Federal Social Security number used on
the Employer's quarterly Federal Tax
Return, U. S. Treasury Department Form
941.
4. "Minority" includes:
(I) Black (all persons having origins in any
of the Black African racial groups);
(11) Asian and Pacific Islander (all persons
having origins in any of the Far East,
Southeast Asia, the Indian Subcontinent, or
the Pacific Island); and
(III) 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).
CDBG Supplemental Conditions
(4) 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.
(5) If the Contractor is participating (pursuant to 41
CFR 60 -4.5) in a Hometown Plan approved by the U.
S. Department of Labor in the covered area either
individually or through an association,. its affirmative
action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance
with that Plan for those trades which have unions
participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each
Contractor, or Subcontractor participating in an
approved Plan is individually required to comply with
its obligations under the EEO clause, and to make a
good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good
faith performance by other Contractors toward a goal
in an approved Plan does not execute any covered
Contractor's or Subcontractor's failure to take good
faith efforts to achieve the Plan goals and timetables.
(6) The Contractor shall' implement the specific
affirmative action standards provided in paragraphs (9)
(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 goats 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.
(7) Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the
Contractor's obligations under these specifications,
9/11/2012 Item 16.6.5.
10/1/2011- (5)
Executive Order 11246, or the regulations promulgated
pursuant thereto.
(8) 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 traihees 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.
(9) The Contractor shall take specific affirmative
actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these
specifications shall be based upon its effort to achieve
maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement
affirmative action steps at least as extensively as the
following:
(a) Ensure and maintain a working environment
free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the
Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or
more women to each construction project. The
Contractor shall specifically ensure that all
foremen, superintendents, and other on -site
supervisory personnel are aware of and carry out
the Contractor's obligation to maintain such a
working environment, with specific attention to
minority or female individuals working at such
sites in such facilities.
(b) Establish and maintain a current list of
minority and female recruitment sources, provide
written notification to minority and female
recruitment sources and to community
organizations when the Contractor or its unions
have employment opportunities available, and
maintain a record of the organization's responses_
(c) Maintain a current file of the names, addresses,
and telephone numbers of each minority and
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,
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9/11/2012 Item 16.6.5.
CDBG Supplemental Conditions
10/1/2011- (6)
along with whatever additional actions the Subcontractors with whom the Contractor does or
Contractor may have taken. anticipates doing business.
(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 apprenticeship,
trainee and other 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 7b
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 ob[igations under
these specifications with ail employees having any
responsibility for hiring, assignment, layoff,
termination, or other employment decisions
including specific review of these items with on-
site supervisory personnel such as
Superintendents, General Foremen, etc., prior to
the initiation of construction work at any job site.
A written record shall be made and maintained
identifying the time and place of these meetings,
persons attending, subject matter discussed, and
disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy
externally by including it in any advertising in the
nevus media, specifically including minority and
female news media, and providing written
notification to and discussing the Contractor's
EEO policy with other Contractors and
(i) Direct its recruitment efforts, both oral and
written, to minority, female and community
organizations, to schools with 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.
0) 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.
(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 nonseg-egated 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
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9/11/2012 Item 16.13.5.
CDBG Supplemental Conditions
10 /1/2011- (7)
the Contractor's EEO policies and affirmative violation of these specifications and Executive Order
action obligations. 11246, as amended.
(10) Contractors are encouraged to participate in
voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (9) (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 (9) (a) through (p) of
these Specifications provided that the Contractor
actively participates in the group, makes every effort to
assure that the group has a positive impact on the
employment of minorities and women in the industry,
ensures that the concrete benefits of the program are
reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can
provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the
Contractor. The obligation shall not be a defense for
the Contractor's noncompliance.
(11) 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 under
utilized),
(12) 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,
(13) The Contractor shall not enter into any
Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order
11246,
(14) 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
(15) 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.
(16) The contractor shall designate v 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.
(I7) 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).
C Ccitification of Non-Segregated Facilities (over
$10.000
By the submission of this bid, the bidder, offeror, applicant
or subcontractor certifies that he/she does not maintain or
provide for his/her employees any segregated facility at anv
of his/her establishments, and that he /she does not permit
employees to perform their services at any location, under
his/her control, where segregated facilities are maintained.
He /She certifies further that he /she will not maintain or
provide for employees any segregated facilities at any of
his/her establishments, and he /she will not permit
employees to perform their services at any location under
his/her control where segregated facilities are maintained.
The bidder, offeror, applicant or subcontractor agrees that a
breach of this certification is violation of the Equal.
Packet Page -2610-
CDBG SupplementaI Conditions
Opportunity Clause of this contract. As used in this
certification, the term "segregated facilities" means any
waiting rooms, work eating areas, time clocks, locker
rooms, and other storage or dressing areas, transportation
and housing facilities provided for employees which are in
fact segregated on the bagis of race, color, religion, or
otherwise. He /She further agrees that (except where he/she
has obtained identical certifications from proposed
subcontractors prior to the award of subcontractors have
submitted identical certifications for specific time-periods).
D. 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.
E. 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.
F. "Section 3" Compliance in the Provision of Training,
Emplovment and Business Onnortunities
(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, 12
U.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
9/11/2012 Item 16.13.5.
10/1 /2011 -(s)
at the work site where both employees and applicants
for training and employment positions can see the
notice. The notice shall describe the section 3
preference, shall set forth minimum number and job
titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the
name and. location of the person(s) taking applications
for each of the positions; and the anticipated date the
work shall begin.
(4) The contractor agrees to include this section 3
clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause,
upon a finding that the subcontractor is in violation of
the regulations in 24 CFR part 135. The contractor will
not subcontract with any subcontractor where the
contractor has notice or knowledge that the
subcontractor has been found in violation of the
regulations in 24 CFR part 135.
(5) The contractor will certify that any vacant
employment positions, including training positions,
that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's
obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR
part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from
future HUD assisted contracts.
(7) With respect to work performed in connection with
section 3 covered Indian housing assistance, section
7(b) of the Ind•,an 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 shalt 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 section 3 to the
maximum extent feasible, but not in derogation of
compliance with section 7(b).
G. Section 50' , 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
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CDBG Supplemental Conditions
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 fallowing: 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.
H. Ate Discrimination Act of 1975
No person in the United States shall, on the basis of age be
excluded from participation in, be denied the benefits of, or
9/11/2012 Item 16.6.5.
1011/2011- (9)
be subjected to discrimination under, any program, or
activity receiving Federal Financial assistance.
S. 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.
9. UTILIZATION OF MINORITY AND WOMEN
FIRMS (M/WBE)
The contractor shall take all necessary affirmative steps to
assure that M/WBE firms are utilized when possible as
suppliers and/or subcontractors, as applicable. Prior to
contract award, the contractor shall document efforts to
utilize M/WBE firms, including identifying what firms
were solicited as suppliers and /or subcontractors, as
applicable. Information regarding certified IvUWBE firms
can be obtained from:
➢ Florida Department of Management Services,
Office of Supplier Diversity,
➢ Florida Department of Transportation (construction
services, particularly highway),
i 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.
10. FEDERAL LABOR STANDARDS PROVISIONS
(Davis -Bacon Act, Copeiand Act, and Contract Works
Roars & Safety Standards Act) The Project to which the
construction work covered by this contract pertains is being
assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such
Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or
development of the project), will be paid
unconditionally and not less often than once a week,
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CDBG Supplemental Co>nditioug .
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 hereofy 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
l(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; tberefore, 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
9/11/2012 Item 16.6.5.
10 /1!2011- (10)
(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 .-ate (including
the amount designed for fringe benefits, where
appropriate), HUD or its designee shall refer the
questions, including the views of all interested parries
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 1215- 0140.)
(iv) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(b)(ii) or (iii) 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
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CDBG Supplemental Conditions
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 shalt 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 I (bx2)(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-
9/11/2012 Item 16.6.5.
10/1n011- (11)
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (-Approved by the Office of
Management and Budget under OMB Control Numbers
1215 -0140 and 1215- 0017).
(b) (i) The contractor shall submit weekly for each
week in which any contract work is performed a copy
of all payrolls to HUD or its designee if the agency is a
party to the contract, but if the agency is not such a
party, the contractor will submit the payrolls to the
applicant, sponsor, or owners, as the case may be, for
transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely ail of
the information required to be maintained under 29
CFR Part 5.5(a)(3)(1).. 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:
Packet Page -2614-
(1) That the payroll for the payroll period
contains the information required to be
maintained under 29 CFR Part 55 (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
CDBG Supplemental Conditions
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 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.
9/11/2012 Item 16.6.5.
10/1!2011- (12)
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 proezam is approved-
(ii) 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 iob 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. Trainees .shall be paid fringe
benefits in accordance with the provisions of the
trainee program. If the trained program does not
Packet Page -2615-
CDBG Supplemental Conditions
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 waee determination for the work actually
performed. In the event the Employment and Training
Administration withdraws approval of a training
program the contract will no longer be permitted to
utilize trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization
of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor will insert
in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as HUD or its
designee may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contract shall be
responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5,
(7) Contract Termination, Debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(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.
9/11/2012 Item 16.6.5.
10/1/2011- (13)
Such disputes shall be resolved in accordance with the
procedures of the Department of Labor 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 U. S.
Department of Labor, or the employees or their
representatives.
(10) (a) Certification of Eligibility. 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
presc''bed in the U. S. Criminal Code, 18 U. S. C.
1001. Additionally, U. S. Criminal Code, Section 1010,
Title 18, U. S. C., "Federal Housing Administration
transactions", provides in part "Whoever, for the
purpose of ... influencing in any way the action of such
Administration ... makes, utters or publishes any
statement, knowing the same to be false ... shall be
fined not more than $5,000 or imprisoned not more
than two years, or both."
(11) Complaints, Proceedings, or Testimony by Employees.
No laborer or mechanic to whom the wage, salary, or other
labor standards provisions of this contract are applicable
shall be discharged or in any other manner discriminated
against by the contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to
be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B. Contract work Hours and Safety Standards Act. As used
in the paragraph, the terms "laborers" and "mechanics"
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not. less
Packet Page -2616-
CDBG Supplemental Conditions
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
9/11/2012 Item 16.6.5.
10/1/2011- (14)
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.
11. GUIDANCE TO CONTRACTOR FOR
COMPLLA.NCE WITH LABOR STANDARDS
PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor,
and each subcontractor who works on the site, must submit
either two separate payrolls (one for each wage decision) or
one payroll which identifies each worker twice and the
hours worked under each wage decision. One single
payroll, reflecting each worker once, may be submitted
provided the Contractor uses the higher rate in the wage
decisions for each identical job classification. However,
where a job classification is not listed in a wage decision
and is needed for that portion of the work, the classification
must be added to the wage decision. A worker may not be
paid at the rate for a classification using the hourly rate for
that same classification in another wage decision. After the
additional classification is approved, the contractor may pay
the higher of the two rates and submit one payroll, if
desired.
B. Complying with 1Nrurimum 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.
Packet Page -2617-
CDBG Supplemental Conditions
(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. Classificarions Not Included in the Wage Decision
If a classification not in the wage decision is required,
please advise the owner's representative in writing and
identify the job classification(s) required. In some
instances, the State agency may allow the use of a similar
classification in the wage decision.
Otherwise, the contractor and affected workers must agree
on a minimum rate, which cannot be lower than the lowest
rate for any trade in the wage decision. Laborers (including
any subcategory of the laborer classification) and truck
drivers are not considered a trade for this purpose. If the
classification involves a power equipment operator, the
minimum cannot be lower than the lowest rate- for any
power equipment operator in the wage decision. The owner
9/11/2012 Item 16.6.5.
10/1n011- (15)
will provide forms to document agreement on the minimum
rate by the affected workers and contractor.
The U.S. Department of Labor ( 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 90% 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 empioved 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
Packet Page -2618-
CDBG Supplemental Conditions
work performed, number of regular hours worked, and
number of overtime hours worked.
H. ADDrentices/I"Helyers
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.
12. 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 Recipient 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 emplovee 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."
9/11/2012 Item 16.6.5.
10/l/2011- (16)
The Recipient shall require that this certification
be included in the award documents for all
subawards (including subcontracts, subgrams, and
contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify
and disclose. This certification is a material
representation of fact upon which reliance was
placed when this transaction was made or entered
into. Submission of this certification is a
prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the
required certification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
13. DEBARMENT
Pursuant to 24 CFR 24, 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
Listing System (at website: www.epls.gov).
14. 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.
15. RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all
contractors, subcontractors or consultants to be paid from
funds under this Agreement, shall allow access to its
records at reasonable times to the Departments, its
employees and agents. "Reasonable" shall ordinarily mean
during normal business hours of gam to 5pm local time, on
Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Department. .
L The Contractor shall maintain all records required by the
grantor. 1 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
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9/11/2012 Item 16.6.5.
CDBG Supplemental Conditions
10nr2011- (17)
County by the Contractor at any time upon request by the
County, H IVS 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 HHVS if requested. In any event the sub - recipient shall
keep ail documents for six (6) years after the expiration of
this agreement
16. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this
Agreement shall be clearly identified as to funding source.
The subrecipient will include a reference to the financial
support herein provided by HHVS in all publications and
publicity. In addition, the subrecipient will make a good
faith effort to recognize HHVS' support for all activities
made possible with funds made available under this
Agreement. The Contractor will mount a temporary
construction sign for projects funded by HHVS. This 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. COPYRIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or
in part under this contract shall be the subject of an
application for copyright by or on behalf of the contractor.
The US Department of Housing and Urban Development
and the grantee shall possess 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@ specifics the limitations on CDBG funds
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9/11/2012 Item 16.6.5.
1011J2011- (18)
Appendix
Minority.?articipation Goals
These are the goals, by county, for meeting the minority participation portion of Section 7- B(2)(b) of the CDBG
Supplemental Conditions. These are contractor workforce goals, not, goals for subcontracting to minority and women firms.
Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must
document compliance with.
Tampa -St. Petersburs Area
Percentage
Hillsborough, Pinellas, Pasco
17.9
Charlotte, Citrus, Collier,
17.1
De Soto, Hardee, Hernando,
(all seven)
& Hiehlands
15.5
Lee
15.3
Manatee
15.9
Polk
18.0
Sarasota
10.5
Tallahassee Area
22.4
Leon, Wakulla
24.3
Calhoun, Franklin, Gadsden,
29.5
Jackson, Jefferson, Liberty,
(all eight)
Madison, & Taylor
Pensacola - Panama City Area
Bay
14.1
Escambia, Santa Rosa
18.3
Gulf Holmes, Okaloosa,
15.4
Walton, & Washington
(all five)
Jacksonville Area
Alachua
20.6
Baker, Clay, Duval,
21.8
Nassau, & St. Johns
(all five)
Bradford, Columbia, Dixie,
22.2
Gilchrist, Hamilton, Lafayette
(all 11)
Levy, Marion, Putnam,
Suwannee, & Union
Orlando - Davtona Beach Area
Percentage
Volusia
15.7
Brevard
10.7
Orange, Osceola, Seminole
15.5
Flagler, Lake, Sumter
14.9
Miami - Fort Lauderdale Area
Dade
39.5
Broward
15.5
Palm Beach
22.4
Glades, Hendry, Indian River
30.4
Martin, Monroe,
(all seven)
& Okeechobee, & St. Lucie
Packet Page -2621-
9/11/2012 Item 16.13.5.
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
34.
Flood Disaster Protection .Act of 1973, P.L 92-
Recovery Emergency Rule 9BER09 -2;
234;
2.
The Solid Waste Disposal Act, as amended by the
35.
Protection of Historic and Cultural Properties
Resource Conservation and Recovery Act of 1975
under HUD Programs, 24 C.F.R. Part 59;
(42 U.S.C., s. 6901 et.seq.);
36.
Coastal Zone Management Act of 1972, P.L
3.
Florida Small and Minority Business Act, s.
92 -583;
288.702- 288.714, F.S.;
37.
Architectural and Construction Standards;
4.
Florida Coastal Zone Protection Act, s. 161.52-
38.
Architectural Barriers Act of 1968,42 U.S.C.
5.
161.58, F.S.;
Local Government Comprehensive Planning and
39.
4151;
Executive Order 11296, relating to evaluation of
Land Development Regulation Act, Ch. 163, F.S.;
flood hazards;
6.
Title I ofthe Housing and Community Development
40.
Executive Order 11288, relating to prevention,
Act of 1974, as amended
control and abatement of water pollution;
7.
Treasury Circular 1075 regarding drawdown of
41.
Cost-Effective Energy Conservation Standards,
CDBG funds.
24 C.P.R. Part 39;
8.
Sections 290.0401 - 290.049, F.S.;
42:
Section 8 Existing Housing Quality Standards,
9.
Rule Chapter 96-43, Fla. Admin. Code.;
24 C.F.R. Part 882;
10.
Department of Community Affairs Technical
43.
Coastal Barrier Resource Act of 1982;
Memorandums;
44.
Federal Fair Labor Standards Act, 29 U.S.C., S.
11.
HUD Circular Memorandums applicable to the Small
201 et seq.;
Cities CDBG Program;
45,
Title VI of the Civil Rights Act of 1964
12.
Single Audit Act of 1984;
Non discrimination;
13.
National Environmental Policy Act of 1969 and
46.
Title VII of the Civil Rights Act of 1968
other provisions of law which further the purpose of
Non - discrimination in housing;
this Act;
47,
Age Discrimination Act of 1975;
14.
National Historic Preservation Act of 1966 (Public
48.
Executive Order 12892- Fair Housing
Law89 -665) as amended and Protection of Historic
49.
Section 109 of the Housing and Community
Properties (24C.F.R. Part 800);
Development Act of 1974, Non - discrimination;
15.
Preservation of Archaeological and Historical Data
50.
Section 504 of the Rehabilitation Act of 1973
Act of 1966;
and 24 C.F.R. Part 8;
16.
Executive Order 11593 - Protection and
51.
Executive Order 11063 - Equal Opportunity in
Enhancement of Cultural Environment;
Housing;
17.
Reservoir Salvage Act;
52.
Executive Order 11246- Non - discrimination;
18.
Safe Drinking Water Act of 1974, as amended;
53.
Section 3 of the Housing and Urban
19.
Endangered Species Act of 1958, as amended;
Development Act of 1968, as amended —
20.
Executive Order 12898 - Environmental Justice
Employment Training of Lower Income
21.
Executive Order 11988 and 24 C_F.R. Part 55 —
Residents and Local Business Contracting;
Floodplain Management;
54.
Uniform- Relocation Assistance and Real
22.
The Federal Water Pollution Control Act of 1972, as
Property Acquisition Policies Act of 1970,
amended (33 U.S.C., s. 1251 et.seq.);
P.L., 100 -17, and 49 C.F.R. Part 24;
23.
Executive Order 11990 - Protection of Wetlands;
55.
Copeland Anti-Kickback Act of 1934; Hatch Act
24.
Coastal Zone Management Act of 1968, as
56.
Title N Lead -Based Paint Poisoning Prevention
amended;
Act (42 U.S.C., s. 1251 et. seq.);
25.
Wild and Scenic Rivers Act of 1968, as amended;
57,
OMB Circulars A -87, A -!02, A -122, and A -!33,
26.
Clean Air Act of !977;
as revised;
27.
HUD Environmental Standards (24 C_F.R. Part 58);
58.
Administrative Requirements for Grants, 24
28.
Farmland Protection Policy Act of 1981,
C.F.R. Part 85;
29.
Clean Water Act of 1977;
59,
Section 02 of'the Department of Housing and
30.
Davis - Bacon Wage Rate Act;
Urban Development Reform Act of 1989 and 24
31.
Contract Work Hours and Safety Standards Act of
C.F.R. Part 12.
1962, 40 U.S.C. s. 327 et. seq.;
32.
The Wildlife Coordination Act of 1958, as amended;
33.
Noise Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
Packet Page -2622-
9/11/2012 Item 16.B.5.
SECTION 3 SUPPORT DOCUMENTS
• What is Section 3?
• Sample Training Plan
• Reporting Requirements - Section 3 Summary Report
Packet Page -2623-
9/11/2012 Item 16.13.5.
Section 3
What is Section 3?
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968
that helps foster local economic development, neighborhood economic improvement,
and individual self- sufficiency. The Section 3 program requires that recipients of
certain HUD financial assistance, to the greatest extent feasible, provide job training,
employment, and contracting opportunities for low- or very-low income residents in
connection with projects and activities In their neighborhoods.
How does Section 3 promote self- sufficiency?
Section 3 is a starting point to obtain job training, employment and contracting
opportunities. From this integral foundation coupled with other resources comes the
opportunity for economic advancement and self - sufficiency.
• Federal, state and local programs
• Advocacy groups
• Community and faith -based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has
obtained employment or contracting opportunities they have begun the first step to
self- sufficiency.
Remember, "It doesn't have to be fields of dreams". Homeownership is achievable.
For more information visit our HUD website.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD - assisted project is located and who
have a household income that fails below HUD's income limits.
Determining Income Levels
• Low income is defined as 800/6 or below the median income of that area.
• Very low income is defined as 50% or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full -time, permanent
staff; or
Packet Page -2624-
9/11/2012 Item 16.6.5.
• Provides evidence of a commitment to subcontract to Section 3 business
concerns, 25 percent or more of the dollar amount of the awarded contract.
What programs are covered?
Section 3 applies to HUD - funded Public and Indian Housing assistance for
development, operating, and modernization expenditures.
Section 3 also applies to certain HUD - funded Housing and Community Development
projects that complete housing rehabilitation, housing construction, and other public
construction.
What types of economic oppot unities are available under Section 3?
• Job training
• Employment
• Contracts
Any employment resulting from these expenditures, including adminis�u ation,
management, clerical support, and construction, is subject to compliance with
Section 3.
Examples of Opportunities include:
• Accounting
• Architecture
• Appliance repair
• Bookkeeping
• Bricklaying
• Carpentry
• Carpet Installation
• Catering
• Cement /Masonry
• Computer /Information
• Demolition
• Drywall
• Electrical
• Elevator Construction
• Engineering
• Fencing
• Florists
• Heating
• Iron Works
• Janitorial
• Landscaping
• Machine Operation
• Manufacturing
Who will award the economic opportunities?
• Marketing
• Painting
• Payroll Photography
• Plastering
• Plumbing
• Printing Purchasing
• Research
• Surveying
• Tile setting
• Transportation
• Word processing
Recipients of HUD financial assistance will award the economic opportunities. They
and their contractors and subcontractors are required to provide, to the greatest
extent feasible, economic opportunities consistent with existing Federal, State, and
local laws and regulations.
Packet Page -2625-
9/11/2012 Item 16.6.5.
Who receives priority under Section 3?
For training and employment:
• Persons in public and assisted housing
• Persons in the area where the HUD financial assistance is spent
• Participants in HUD Youthbuiid programs
• Homeless persons
For contracting:
• Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the
neighborhoods where the HUD assistance is being spent. Effective ways of informing
residents about available training and job opportunities are:
• Contacting resident organizations, local community development and
employment agencies
• Distributing flyers
• Posting signs
• Placing ads in local newspapers
Are recipients, contractors, and subcontractors required to provide long-
term employment opportunities, not simply seasonal or temporary
employment?
Recipients are required, to the greatest extent feasible, to provide all types of
employment opportunities to low and very low- income persons, including permanent
employment and long -term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at
least 30 percent of their permanent, full -time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted
towards meeting the 30 percent r equirement. This encourages recipients to continue
hiring Section 3 residents when employment opportunities are available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for
either may file a complaint if it seems a recipient is violating Section 3 requirements
are being on a HUD - furided project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors, reviews annual reports from
recipients, and investigates complaints. HUD also examines employment and
Packet Page -2626-
- 9/11/2012 Item 16.13.5.
contract records for evidence that recipients are training and employing Section 3
residents and awarding contracts to Section 3 businesses.
Flow can Section 3 residents or Section 3 business concerns allege Section 3
violations?
You can file a written complaint with your local HUD Field Office.
A written complaint should contain:
Name and address of the person filing the complaint-
• Name and address of subject of complaint (HUD recipient, contractor or
subcontractor)
Description of acts or omissions in alleged violation of Section 3
Statement of corrective action sought i.e. training, employment or contracts
Packet Page -2627-
9/11/2012 Item 16.6.5.
TRAINING
QPr� RENT p,- o
PLAN
O S
GA Oe .
8g IV �EUE�
Project or System Name
U.S. Department of Housing and Urban Development
Month, Year
Packet Page -2628-
9/11/2012 Item 16.13.5.
Revision Sheet
Revision Sheet
Training Plan
Packet Page -2629-
Page
u
LesC11
Rev. 0
5/26/00
Training Plan Template and Checklist
Rev. 1
5/30/00
Text added to Section 2.6
Rev. 2
4/12/02
Conversion to WORD 2000 format
Training Plan
Packet Page -2629-
Page
0.�OENT pp
0
eqN DE`1EV
9/11/2012 Item 16.6.5.
Training Plan Authorization
Memorandum
I have carefully assessed the Training Plan for the (System Name). This document has been completed
in accordance with the requirements of the HUD System Development Methodology.
MANAGEMENT CERTIFICATION - Please check the appropriate statement.
The document is accepted.
The document is accepted pending the changes noted.
The document is not accepted.
We fully accept the changes as needed improvements and authorize initiation of work to proceed. Based
on our authority and judgment, the continued operation of this system is authorized.
NAME
Project Leader
NAME
Operations Division Director
NAME
Program Area/Sponsor Representative
NAME
Program Area/Sponsor Director
DATE
DATE
DATE
DATE
Training Plan Page ii
Packet Page -2630-
TRALVING PLAN
TABLE OF CONTENTS
9/11/2012 |tq0O 16.13.5_
1.1
Purpose ................................................................................................................................... l-1
12
Scope ............................... ......................................................................................................
l'l
1.3
System Overview ................................................................................................................... l'l
1.4
Project Refer�ces---__--'_—.—_--_.----------_—'------'
l-3
1.5
Acronyms and Abbreviations ......................................................... ....................................... l-2
1.6
Points o[ Contact ....................................................................................................................
l'2
1.0J Infbrnotiou ............................................................ ................................. ..............................
/'z
1,62 Coordination ........................................................................... .............................. ................ l'2
1.7
General Izu�iog Prerequisites ...............................................................................................
l'2
2.8 TDAINING APPROACH ................................................................................................................
2'2
2.1
Training Re�iromeo�.-----------'----------.-----.--------''
2�
2.2
Roles and Responsibilities —._-----_--._.-------.------__---2'2
2.3
Techniques and Tools ............................................................................................................
2'2
2.4
Training Prerequisites .............. ................................................................. ...........................
2-2
2.5
Training For Revised Office Procedures ---_----_—'--'_-----'-----..2'2
2'6
Schedule ................................................................................................................................
2'3
2.7
Curriculum .............................................................................................................................
2-3
].0
................ ................................................................................................................
3'I
3.1
Metrics ....................................................................................................................................
3-1
3-1
Training Plan
Packet Page -2631-
Page iii
Training Plan
9/11/2012 Item 16.6.5.
1.0 General Information
1.0 GENERAL INFORMATION
Packet Page -2632-
9/11/2012 Item 16.6.5.
1.0 General Information
NOTE TO AU7H.OR Higl�lzghted ztaliczzed text thraz gbout is. template is. provided solely as
background anformatznn to assrstyau izz creatzng this document Tease delete all such text, as well :as
the - i?zrtrucriozzs zn ,ea h.:' ;sectzan :pnor _to, submiffi -g t7iis document 'ONiY, OTIRY .-PROJECT
SPECIFIC :'TNFOi�1VIATION SHODID ..APPEAR 11Y THE FINAL : YERSI011?' OF TgIS
DOCUMENT: _ .
The `Tramzni Plan cleJzixes the support acnvzzies,' schedizTes czzrzzculum, merliods and tools° and
equzpmentrequzred for system trazrziiig The ZraaizingPlan it prepared eztlier as ¢separate: document or
as part dth. e ProjectP1izzz:.
1.0 GEN5RAL INFORMATION
1.1 Purpose
Describe the purpose of the Training Plan.
1.2 Scope
Describe the scope of the Training Plan as it relates to the project.
1.3 System Overview
Provide a brief system overview description as a point of reference for the remainder of the document_ In
addition, include the following:
• Responsible organization
• System name or title
• System code
• System category
— Major application: performs clearly defined functions for which there is a readily
identifiable security consideration and need
— General support system: provides general ADP or network support for a variety of users
and applications
• Operational status
— Operational
— Under development
— Undergoing a major modification
•
System environment and special conditions
Training Plan Page 1 -1
Packet Page -2633- -
9/11/2012 Item 16.6.5.
1.0 General Information
1.4 Project References
Provide a list of the references that were used in preparation of this document Examples of references
gra,
1.5 Acronyms and Abbreviations
Provide a list of the acronyms and abbreviations used in this document and the meaning of each.
1.6 Points of Contact
1.6.1 Information
Provide a list of the points of organizational contact (POCs) that may be needed by the document user for
informational and troubleshooting purposes. Include type of contact, contact name, department,
telephone number, and e -mail address (if applicable). Points of contact may include but are not limited
to helpdesk POC, developmenthnaintenance POC, and operations POC.
1.6.2 Coordination
Provide a list of organizations that require coordination between the project and its specific support
function (e.g., installation coordination, security, etc.). include a schedule for coordination activities.
1.7 General Training Prerequisites
Briefly summarize the general training prerequisites for each type of wining mentioned in this plan.
Training Plan Page 1 -2
Packet Page -2634-
Training Plan
Packet Page -2635-
9/11/2012 Item 16.13.5.
12.0 Training Approach
2.0 Training Approach
9/11/2012 Item 16.13.5.
2.0 Training Approach
This; :section. includes. the - techniques and tools Traz72 requirements .schedule curriculum; and
materials and,equzpment requiredfar'the irairringej}ort'
2.0 TRAINING APPROACH
2.1 Training Requirements
Describe or list the skills required to support project lifecycle activities. Match those requirements to the
existing personnel skill sets to determine the training need for the project.
2.2 Roles and Responsibilities
Identify the personnel and their responsibilities for identifying and developing the training materials.
Identify the person and organization that will conduct the training.
2.3 Techniques and Tools
Describe the trammg techniques to be used Tliesz? tpehniques may,
ineZude Computer -lxasPd "irzsrrucrion;
self paced writien manual, peer trainin prnctrcai s Ora Y,
combin- a ion of the aabvue
Identify the tools needed for the training, such as online terminals or PC workstations, training manuals,
classroom facilities, and any computer center resources.
2.4 Training Prerequisites
Identify any prerequisites for individuals to receive training, and develop a strategy regarding
prerequisite training as necessary.
2.5 Training for Revised Office Procedures
Identify the training needs for the user's staff if the implementation of the system under development will
change the procedures of the user's office in any way.
Training Plan Page 2 -2
Packet Page -2636-
9/11/2012 Item 16.13.5.
2.0 Trainine Appraacb
2.6 Schedule
Prepare a training schedule to include the following information:
• Identification and development of course content and materials
• Planned training dates
• Post training reporting
• Names of students
• Names of instructor
• Location of session
....................
The schedule snoudd De =-COMPre henqz ye as posszble J hoeuer the s hedzzle may be revzsed az Zater
_ - -
pozntszrz the pj obi rct 1 CIL.
2.7 Curriculum
Briefly describe the curriculum for each proposed training class or attach course description from the
vendor.
Training Plan
Packet Page -2637-
Page 2 -3
w
9/11/2012 Item 16.6.5.
3.0 Evaluation
3.0 EVALUATION
Training Plan
Packet Page -2638-
9/11/2012 Item 16.13.5.
3.0 Evaluation
3.0 EVALUATION
3.1 Metrics
Outline the metrics that will be captured and how they will be captured.
Some'of the metrics that should be tracked acwak.-
• Total.' staff
• Duratibn (ejtrmatsd versw act=19
• Number of attendees (estcmated versars acYualj
• Percent o total attended
• Percent of estimated "attended
3.2 Strategy
Describe how feedback will be elicited from personnel to ensure that training objectives were met.
Describe how the feedback received will be analyzed and what will be done with the analysis results to
ensure that training objectives are met.
Training Plan Page 3 -1
Packet Page -2639-
Section 3 Surnirn2ry Report U.S. Department of Housing
Economic Opportunities for and Urban Development
Low — and Very Low - Income Persons Office of Fair Housing
And Equal Opportunity
Section back of page for Public Reporting Burden statement
9/11/2012 Item 16.6.5.
OMB Approval No: 2529-0043
(exp. 11/3012010)
HUD Field Office:
1. Recipient Name & Address: (street city, state, up) - 2 Federal Identification: (gram no.) 3, Total Amount of Award:
4. Contact Person 5. Phone: (Induce area code)
S. Length of Grant 7. Reporting Period:
6. Date Report Submitted: S. Program Code: (Use separate sheet 10. Program Name:
(or each program code)
Part l: Employment and Trainin ` Columns B, C and F are mandatory fields. Include New Hires in F: &
A B C D E F
Number of Number of New % of Aggregate Number % of Total steif Hours Number of Section 3
Job Category New Hires Hires that are of Staff Hours of New Hires for Section.1 Employees Trainees
Sec. 3 Residents that are See 3 Residents and Trainees
Frdfesslonals;t ,. 3
iig
Technicians
_ .
LL
Office /Clencah VV
Construction by Trade (List)
Trade
t
I.f
?s l , t y�l r - Ir
Trade
Trade r
Trade
F
r n — —
si
TT
:1: TOra
-
Program Codes 3 = PublicAndli n Housing
1 = Flexible Subsidy A = Development,
2 = Section 2021811 B = Operation
C = Modemization
4 = Homeless Assistance 6 = CDBG State Administers
5 = HOME 9 = Other CD Programs
6 = HOME State Administered 10 = Other Housing Programs
7 = CDBG Entiliement
Page 1 of 2
Packet Page -2640-
form HUD 60002 (612001)
Ref 24 CFR 135
9/11/2012 Item 16.6.5.
Part II: Contracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
B. Total dollar amount of contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving contracts
2. Non - Construction Contrails:
A. Total dollar amount all non - construction contracts awarded on the project/activity - $
B. Total dollar amount of non - construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non - construction contracts
Part 111: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low -and very low- income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low- income residents through; local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
_ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
_ Coordinated with Youthbuitd Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other. describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and compiefing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' Compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self - monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(5) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A -108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 forth HUD 60002 (112010)
Ref 24 CFR 135
Packet Page -2641-
9/11/2012 Item 16.6.5.
Form HUD - 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very, Low - Income Persons.
Instructions: This form is to be used to report annual
accomplishments regarding employment and other economic
opportunities provided to low- and very low- income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and Indian housing
programs that receive: (1) development assistance pursuant to
Section 5 of the U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance in excess of $200,000 expended•for. (1) housing
rehabilitation (including reduction and abatement of lead -based paint
hazards); (2) housing construction; or (3) other public construction
projects; and to contracts and subcontracts in excess of.S700,000
awarded in connection with the Section -3- covered activity.
Form HUD -60002 has three parts, which are to be completed for
all programs covered by Section 3. Part I relates to employment
and training. The recipient has the option to determine numerical
employment/training goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Part II of the form
relates to contracting, and Part III summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low- income persons." A recipient of
Section 3 covered assistance shall submit one copy of this report to
HUD Headquarters, Office of Fair Housing and Equal Opportunity.
Where the program providing assistance requires an annual
performance report, this Section 3 report Is to be submitted at the
same time the program performance report is submitted. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 and, If the project ends before December 31,
within 10 days of project completion. Only Prime Recipients are
required to report to HUD. The report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field Office: Enterthe Field Office name.
1. Recipient Enterthe name and address of the recipient
submitting this report
2. Federal Identification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enterthe dollar amount, rounded to the
nearest dollar, received by the recipient
4 & S. Contact Person/Phone: Enterthe name and telephone number
of the person with knowledge of the award and the recipients
implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enterthe appropriate date.
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report is submitted by January 10. Include aniy contracts executed
during the period specified in Rem 8. PHAs /IHAs are to report all
contracts/subcontracts.
The terms "low- income persons' and very low- income persons' have
the same meanings given the terms in section 3 (b) (2) of the United
States Housing Act of 1937. Low- income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median income for-the area, as determined by the Secretary, with
adjustments for smaller and larger families, except that
Page I
8. , Program Code: Enterthe appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the 'Program Code' in number B.
Part 1: Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e.
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, list each trade and provide
data in columns B through F for each trade where persons were
employed. The category al "Other' Includes occupations such as
service workers.
Column B: (Mandatory Field) Enterthe number of new hires for
each category of workers identified in Column A in connection with
this award. New hire refers to a person who is not on the contractor's
or recipient's payroll for employment at the time of selection for the
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Column C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers identified in Column A in
connection with this award. Section 3 new hire refers to a Section 3
resident who is not on the contractor's or recipient's payroll for
employment at the time of selection for the Section 3 covered award or
at 'he time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of, all the staff hours of new hires
(Section 3 residents) in connection with this award.
Column E: Enter the percentage of the total staff hours worked for
Section 3 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and full -time
positions.
Column F: (Mandatory Field) Enterthe number of Section 3
residents that were trained in connection with this award.
Part II: Contract Opportunities
Block 1: Construction Contracts '
Item A. Enter the total dollar amount of all contracts awarded on the
projectiprogram.
Item B: Enter the total dollar amount of contracts connected with this
projectiprogram that were awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projectiprogram awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non - Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded an the
projectiprogram.
Item B: Enter the total dollar amount of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this projectiprogram awarded to Section 3 businesses.
Item D: Enterthe number of Section 3 businesses receiving awards.
Part 10: Summary of Efforts — Self - explanatory
The Secretary may establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretary's findings such that
variations are necessary because of prevailing levels of canstruc5on costs
or unusually high- or low- income families. Very low- income persons mean
low - income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis or the Secretary's findings that such
variations are necessary because of unusually high or low family incomes.
Packet Page - 2642
form HUD 60002 (1112010)
Ref 24 CFR 135
9/11/2012 Item 16.6.5.
Exhibit I.B: Granting Agency Forms
Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transactions
General Grant Clauses
Acknowledgement of Religious Organization Requirements [24 CFR 570.2000)]
Disclosure of Lobbying Activities
RFP CCNA Template_03012012
RFP_CCNATemplate
46
Packet Page -2643-
sm
9/11/2012 Item 16.13.5.
C
ert�facat�on :Regarding
de5ar ent; Suspensron
An�i O hex SIP be . miifters
=: - Pri rnary Cove.red:.Transa sons__.::_ :
(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 judgement
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 embe =Jement,
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 (1)(b) of this
certification; and
(d) Have not within a three -year period preceding this application / propesal 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.
Tmmokale_ Crosswalk Improvement
Name Project Name
Title Project Number
Street Address
City, State, Zip
24 CFR 24.510 & 24 CFR, Part 24, Appendix A
Packet Page -2644-
9/11/2012 Item 16.13.5.
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 form 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
Title
Firm
Street Address
City, State, Zip
Federal ID #
24 CFR 24.510 & 24 CFR, Part 24, Appendix A
Collier County
Local Government
CD 11 -05 (Proj ect No. )
CDBG/HOME /CDBG -R Contract Number
HUD #B- 11 —UC -12 -0016
Packet Page -2645-
9/11/2012 Item 16.13.5.
Purd amng
General Grant C :auses
I acknowledge, and agree to perform all of the requirements identified in this document
Cnmmunit r DPvPI c)pmPnt- Agency
(Contractor / Sub - contractor Name) (Recipient's Name) Immokalee
(Authorized Signature) (Date)
CD 11 -05
(Print Name and Title) (Contract Number)
(Address)
(Address)
(City, State, Zip)
Packet Page -2646-
12
9/11/2012 Item 16.13.5.
Acknowledgement of Religious Organization Requirements
24 CFR 570.2000)
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 aaainst 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)
Packet Page -2647-
9/11/2012 Item 16.13.5.
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046
rc-- d fnr nr rhlir ht irrlan rii zrincl Ira i
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
❑a. contract
17 a. bid /offer /application
❑ a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c, post -award
For Material Change Only:
d, loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier if known:
Congressional District, if known: 4c
Congressional District, dknown:
6. Federal Department/Agency:
7. Federal Program Name /Description:
CFDA Number, if applicable:
8, Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address it
(if individual, last name, first name, Ml):
different from No. 1Oa)
( last name, first name, W1):
11 Iniormetlon requested through this form is authorized by doe 31 U. &a section
1352. This disclosure of lobbying amvlies is a matenal representation of Fact
signature:
upon which reliance was placed by the tier above when this transaction was made
Print Name:
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352 This
information will be available for public Inspection. Any person who fails to cite the
reouired disclosure shall be subject to a civil penalty or not less than $10,000 and
Title:
not more than $100,000 for each such ratlure.
Telephone No.: Date:
_. _. :.
c
ion A u f ooze d f
or Local Reor o u t
"Use -Only .
LLL (RevFedbrai 7 -97)
m
Standard .
Packet Page -2648-
9/11/2012 Item 16.6.5.
INSTRUCTIONS FOR COMPLETION OF SF -11L, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make
payment to any lobbying entity for influencing or attempting to influence an officer or empfoyeeof any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Member of Congress in connection with a covered Federalaction. Complete all items that applyfor both the initial filing and material
change report- Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action.
2. identity the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enterthe full name,.address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reportingentity that designates if it is, or expectsto be, a prime or subaward recipient. Identiiythe tier of the subawardee, e.g., the first subawardee
of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrantz and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee, "then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enterthe name of the Federal agency making the award or loan commitment. Include at least one organizationailevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8- Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (1FB) number; grant announcement number, the contract, grant, or loan award number, the application /proposal control number
assigned by the Federal agency). Include prefixes, e.g., 'RFP -DE -90 -001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enterthe full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his /her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0046), Washington,
DC 20503.
Packet Page -2649- -
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November 16, 2011
Ms. Penny S. Phillippi, Executive Director
Community Redevelopment Agency - Immokalee
CRA
310 Alachua Street
Immokalee, Fl 34142
9/11/2012 Item 16.13.5.
RE: Executed Agreement for your Community Development Block Grant (CDBG) Crosswalk
Project CD11 -05 for FY2011 -2012
On behalf of Collier County, I am pleased to enclose an executed subrecipient agreement
between Collier County and the Immokalee CRA for $140,000 for the Crosswalk Project.
Dear Ms. Phillippi,
This Community Development Block Grant (CDBG) funding is made available by the U.S.
Department of Housing and Urban Development (HUD) and Collier County to upgrade six (6)
existing crosswalks along South First Street to In- Pavement Flashing Lights Crosswalk Warning
System ( "Flashing Crosswalk "), in addition, the CRA is making enhancements to the two "mid -
block" crosswalks along Main Street (State Road 29) with same or similar upgrades as on South
First Street.
Each subrecipient will be asked to coordinate a one -on -one with me to review the terms of the
subrecipient agreement. Please contact me to schedule an appointment to meet and discuss
this project.
In the meantime, please feel free to contact me at (239) 252 -5713 for assistance or information
regarding any reference to the agreement.
9/11/2012 Item 16.6.5.
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY REDEVELOPMENT AGENCY (CRA) IMMOKALEE
IMMOKALEE CRA- CROSSWALKS
Catalog of Federal Domestic Assistance# 14.218
HUD Grant # B- 11 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "Collier County Community
Redevelopment Agency (CRA) - Immokalee," a public entity created by Collier County pursuant to
Chapter 163, Florida Statutes" having its principal office at 1320 N 15th Street, Unit 1, Immokalee, FL
34142, and its Federal Tax Identification nurnber as 59- 6000558 and DUNS #, 076997790
( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States Department
of Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I
of the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use
Conununity Development Block Grant (CDBG) fin-ids for: slum or blight treatment or for an urgent
community need; to improve the quality of life in Collier County by providing infrastructure
improvements, public facilities, and other activities which are related to neighborhood /community
improvements; to improve the condition of life for persons who require physical access or other
services that ineet their individual needs; and to provide for long range community improvements by
assessing current conditions and planning long range improvement programs as described in the
Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year
2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One -Year Action Plan
for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 -
Agenda Item 1014; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal. Year 2010 -2011 for the CDBG Program and the use of the CDBG funds for the
activities identif ed in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
lmmokalee CRA- Crossmdks
2011 CDBG (CD1 I -05) Pr(ject Page 1 of 28
Packet Page -2652-
9/11/2012 Item 16.13.5.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program.
(C) "HHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) "SUBRECIPIENT" means Collier County Community Redevelopment Agency
(CRA) 41ninokalee.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perforin the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between Collier County Community Redevelopment
Agency (CRA) - Immokalee and Collier County shall be October 25, 2011. The services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All
services required hereunder shall be completed by the SUBRECIPIENT prior to October 25, 2012.
Any funds not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed ONE HUNDRED FORTY THOUSAND
AND 00 /140 DOLLARS (U.S. $140,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
Immokalee CRfi- Crosswalks,
2011 CDBG (CD 11-05) Project Page 2 of 28
Packet Page -2653-
9/11/2012 Item 16.9.5.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 218.70, Fla. Stat., otherwise known as the
"Local Government Prompt Payment Act." No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, and
to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement, the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by HHVS or its designee within
forty -five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded fiom participation in
this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
Immokalee CRA- Crosswalks
2011 CDBG (CD 11-05) Project Page 3 of 28
Packet Page -2654-
9/11/2012 Item 16.13.5.
3. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CPR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block. Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of HigherE..,ducation, Hospitals and Other Non - Profit Organizations.
Tmmokalee CRA- Crosswalks
2011 Cv$C (CD 1 1-05) Project Page 4 of 28
Packet Page -2655-
9/11/2012 Item 16.6.5.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. 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.
23. Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental
Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental
Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
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. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of SU13RECIPIENT with full decision- making authority and by
COUNTY'S staff person who would snake 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 SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would maize 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 § 44.102, Fla. Stat.
Immokalce CRA- Crosswalks
2011 CDBG (CD11 -05) Project Page 5 of 28
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9/11/2012 Item 16.6.5.
26. The DEVELOPER/SPONSOR shall comply with Section 3 of the Housing and
Community Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that
recipients of HUD funds (and their contractors and subcontractors) provide jobs and
other economic opportunities to low - income persons, particularly public housing
residents. Section 3 helps create employment for low- income persons and provides
contracting opportunities for businesses that are owned by low- income people or that
provide employment to low - income people. Contract administration shall be handled
by the DEVELOPER/SPONSOR and monitored by the COUNTY.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by 1ATitten
contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or
services covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without written approval of the
HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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 SUBRECIPIENT or
anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
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County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT -will mount a temporary construction sign for
projects funded by HHVS. This 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.
H. TERMINATION
In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement
shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall
not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set -off purposes until such time as the enact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined.
1. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations
of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or
part by giving written notice of such termination to the other party and specifying therein the effective
date of termination. (See 24 CFR 85.43.)
2. TERMINNATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination. (See 24 CFR 85.44.)
TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended
or terminated effective on the date that HUD specifies.
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I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit "B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period., but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of Iaw
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
V11. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non -Profit Organizations) and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
B. DOCUMENTATION AND RECORDKEEPING
The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, snaps, and other data procedures
developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose
of this Agreement shalt be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Upon completion of all work
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contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records for six (6) years after expiration
of this Agreement.
The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the
preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHV S
outlining the status of specific activities under the project. Each report must account for
the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in
whole, and which is required in fulfillment of their obligations regarding the Project.
The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2."
The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon. Law, including files containing contractor payrolls, employee interviews, Davis -
Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and
Worlc Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing
compliance with federal purchasing requirements and with other federal requirements
for grant implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in a form
specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future
CDBG funds.
S. The SUBRECIPIENT will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that IgIIVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to
this Agreement.
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The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as
determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations.
The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required
by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING HUMAN AND VETERAN SERVICES COUNTY AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Stat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A"; and
(6) All rates of pay and pay increases paid out of CDBG fiends, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
I. Non- profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program - specific audit conducted for that year in
accordance with OMB A -133. Non -profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program- specific audit performed in accordance with OMB A -133.
2. Non -profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
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in accordance with federal laws and regulations governing the program in which
they participate.
When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIENT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which H1IVS- federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the tenns of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordl:.eeping and audit requirements detailed in this contract.
H. PROGRAM - GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHVS. Such income would include, but not be limited
to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the written approval of
IIIIVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular
A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY.
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement,
and all provisions of this Agreement shall apply to stated activities. Any Program Income received by
the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the
SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
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SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECI.PIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the perfonnance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of'
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower- income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Dousing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN- OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority /women -owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target areas or any parcels therein, which would conflict in any manner or degree with the
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performance of this Agreement and that no person having any conflict of interest shall be employed by
or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of low and
moderate - income residents of the project target area.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. Stat by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the 36 months immediately
preceding the date hereof: This notice is required by § 287.133 (3)(a), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
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 any agency, a Member of Congress, an officer or employee of Congress, or
ass employee of a Member of Congress in connection with the awarding of any Federal
contract, the snaking 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 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 sub - awards at all tiers (including subcontracts, sub - grants,
contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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11. REAL PROPERTY
Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part
with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRECIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as
having special flood hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
C. LEAD -BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT 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 Preservation Procedures for Protection of Historical
Properties.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG funds.
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XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any
real property under SUBRECIPIENT control will be covered by the regulations 24 CFR
570.503(B)(8).
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
XIIL COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, rctively, by an
authorized person. or agent, hereunder set their hands and seals on this day of
ATTEST:
DWIGHT ES BLQ` .K, CLERK
Dated:
(S- AL)
First Witness
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
B y:
FRED W. COYLE, CHAIRMAfJ
Collier County Community Redevelopment Agency
(CRA) Immokalee
By: J -- - %,
Subreci 'ent Signature
Type /print witness name Jim Coletta, Chairman, Collier County
Community Redevelopment Agency
Type /print Subrecipient naive and title
Second witness
Type /print witness name Approved as to form and legal sufficiency:
Jennifer R ,White
Assistant County Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT A GENCY (CRA) IMMOKA LEE
Immokalee CRA- Crosswalk Upgrades
A. PROJECT SCOPE:
On July 26, 2011, the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used to upgrade six
(6) existing crosswalks along South First Street to In- Pavement Flashing Lights Crosswalk
Warning System ( "Flashing Crosswalk "), in addition, the CRA is making enhancements to the
two "mid- block" crosswalks along Main Street (State Road 29) with same or similar upgrades
as on South First Street, as per the Action. Plan..
The hnmoka.lee CRA realizes that there is a very strong community education component tied
to the overall success of the crosswalk upgrade in these areas. This will be accomplished via
public workshops before, during and after implementation of the sul?ject project. These
workshops will be conducted in English, Spanish and Creole.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective of low and moderate income area benefit.
The detailed project scope will be contained in the bid specifications of the contractor awarded
the project's contract. The project construction contract will include details sufficient to
document the number, amount, and costs associated with all activities. The Immokalee CRA
Manager will manage each step of the project.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Forty
Thousand. Dollars and 00/1.0($140,000.00) in CDBG funding for the project scope described
above.
Line Item Description CDBG Funds
Crosswalk Upgrades $ 140,000.00
TOTAL $140,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized.
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C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plan
10 /2011
01/2012
Begin Procurement via the Purchasing Department for the
Design /Analysis Services
10/2011
01/2012
Award Contract(s)
10/2011
03/2012
Conduct Traffic/Pedestrian Analysis
10/2011
05/2012
Design Improvements
10/2011
07/2012
Obtain Permits
10/2011
07/2012
Conduct Procurement for Installation Services
10/2011
08/2012
Award Contract(s)
10/2011
09/2012
Begin Crosswalk Installation and associated activities
10/2011
10/2012
Complete installation of crosswalks
Final Inspections (if applicable)
10 /2011
10/2012
Completion of Follow -up Impact Analysis and project
close out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Upgrades to eight (8)
Upon monthly invoices per contractors schedule of
crosswalks in Ilnmokalee,
values
FL
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E_XXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housingr, Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
9/11/2012 Item 16.13.5.
User Name
Address
NAPLES, FLORIDA Zip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year,
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
0
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
"Title
CC. Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
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EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation. as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned., non -owned and hired vehicles used
in connection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall
become legally obligated to pay as damages fro claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in. 1 — 4 above, the SUBRECIPEENT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy Will be provided
as such tine that he buildings' walls and roof exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
immokalee CRA- Crosswalks
2011 CDBG (CDI 1 -05) Project Page 20 of 28
Packet Page -2671-
9/11/2012 Item 16.B.5.
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and /or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NFIP). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
lminokalee CRA- Crosswalks
2011 CDBG (CD11 -05) Project Page 21 of 28
Packet Page -2672-
9/11/2012 Item 16.13.5.
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE EXIST, state "There are no additional grant
requirements."
lmmokalec CRA- Crosswalks
2011 CDBG (CD 11-05) Project Page 22 of 28
Packet Page -2673-
9/11/2012 Item 16.6.5.
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 CDBG Monthly Progress Report
Immokalee CRA- Crosswalks
2011 CDBG (CD 11-05) Project Page 23 of 28
Packet Page -2674-
9/11/2012 Item 16.6.5.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Communi!y Redevelopment Agency (CRA) Inunokalee _
Subrecipient Address: , 1320 N 15`h Street Unit 1 Immokalee, FL 34142
Project Name: Immokalee CRA Crosswalks
Project No: CDl 1 -05 Payment Request #
Dollar Amount Requested: $
SECTION 11: STATUS OF FUNDS
1. Grant Amount Awarded
$ 140,000
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature
Title
Authorizing Grant Coordinator
Supervisor_
Dept Director
Date
(approval authority under $14,999)
(approval required $15,000 and above)
G
Immokalee CRA- Crosswall�
2011 CDBG (CD] 1 -05) Project Page 24 of 2$
Packet Page -2675-
9/11/2012 Item 16.13.5.
SCHEDULE "D-la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
SUBRECIPIENT
Witness:
IWI
Print name and title
STATE OF
COUNTY OF
ITS:
DATE:
President
The foregoing instrument was acknowledged before me this day of
2009, by , as of
A Choose Not - For - Profit, or Corporation or Municipality on behalf of
Choose Not - For - Profit, Corporation or Municipality . He /She is personally known to me OR has
produced __ as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
immokalee CRA- Crosswalks
2011 CDBG (CD11 -05) Project Page 25 of 28
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
Packet Page -2676-
9/11/2012 Item 16.6.5.
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Human and Veteran Service's staff by
the 10'* of the following month.
Status Report for Month of
Project Name Immokalee CRA Crosswalks
Submittal Date:
Project Number CD1.1- 05 Activity Number XXX
Subrecipient: _
Contact Person
Telephone: _
E -mail:
Fax:
1. Activity Status/Milestones (describe any action. taken, relating to this project, during
the past month):
2. What events /actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
5. Identify any potential issues that may cause delay.
New contracts executed this month (if applicable):
Name of Contractor or
Amount of
Contractor
Race
Ethnicity
Subcontractor, Address & Phone
Contract.
Federal 1D
(see definitions
(see definitions
hnmokalee CRA- Crosswalks
2011 CDBG (CD 11-05) Project Page 26 of 28
Packet Page -2677-
9/11/2012 Item 16.6.5.
Number Number on following on following
page) page)
For projects that serve a particular clientele, please complete the following information by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart
for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You
may provide data by either households or persons served. However, if one person received TWO
services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons "). Eater the number of beneficiaries in the blank space and in Boa: 1. "
INCOME
Of the households or persons assisted, are extremely low - income income (0 -30 %) of the
current Median Family Income (MFI). Enter this number in Box "2. "
Of the households or persons assisted, are very low- income (31 -50 %) of the current
Median Family Income (Mr-1). Enter this number in Box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MITI). Enter this number in Box "4. "
NOTE. The total of Poxes 2,3 and 4 should equal the number in Box].
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Friter this
number in box "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
(4 -30%)
(31 -50 %)
a
Immokalee CRA- Crosswalks
2011 CDBG (CDI 1 -05) Project Page 27 of 28
Packet Page -2678-
9/11/2012 Item 16.6.5.
Subrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African - American: A person having origins in any of the black racial groups of Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
R Race
1 "��t:�l
--
._...._._
� # His :tla nic
_ �
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other .Pacific Islander
_
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi - Racial
Immokalee CRA- Crosswalks
2411 CDBG (CD] 1-05) Project Page 28 of 28
Packet Page -2679-