attachement a page 7 to 18To Demonstrate Compliance:
Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the
contractors federally involved contract documents into all subcontracts and purchase order; have
records that announcements of parties, picnics, etc. have been posted and have been available to
all employees; have written copies of contracts (written or verbal) with supervisory staff regarding
the provision of adequate toilet and changing facilities to assure privacy between the sexes.
15. Contractors must document and maintain a record of all solicitations of offers for subcontractors
from minority and female construction contractors and suppliers, including circulation of
solicitations to minority and women's contractor' associations and other business associations.
To Demonstrate Compliance:
Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint
ventures from minority or women contractors with a record of specific responses and any follow -up'
the contractor has done to obtain a price quotation or to assist a` minority or female contractor in
preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded
or joint ventures participated in with dollar amounts; have copies of solicitations sent to minority
and women's contractor associations or other business associations.
16. Contractors must conduct a review, at least annually; of all supervisors' adherence to and
performance under the contractor's "EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with
supervisors regarding their employment practices as they relate to the contractor's EEO policy and
affirmative action obligations, and written evidence that supervisors were notified when their
employment practices adversely or; positively' impacted on the contractor's EEO and affirmative
action posture:
Page 5 of 8
7Q- AFFIRMATIVE ACTION S7ANbRROS
.:.Miami -Dade Gaunly PNGD
Page'1$
To Demonstrate Compliance:
Contractors must have copies of diaries, telephone logs, or memoranda indicating contactIther
and oral) with minority and women employees requesting their assistance in recruiti
minorities and women, and record results. If contractors normally; provide after- school, and vacation employment, it must have copies of letters to organizations under Item g dthose opportunities and must have responses received and results noted on letters or in
up file,
11. Contractors must validate all tests and other selection requirements where there is an obligation to
do so under CFR 60 -3.
To Demonstrate Compliance.,
Contractors must have evidence in the form of correspondence, or certificates that all tests,
interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship
Committee meet the requirements in the OFCCP testing and selection guidelines.
12. Contractors must conduct, at feast annually, an inventory evaluation (at least) of all minority and
women personnel for promotional opportunities and encourage these employees to seek or to
prepare for such opportunities by appropriate training.
To Demonstrate Compliance:
Contractors must have written records (memo, letters, personnel files, etc.) showing that the
company conducts annual reviews of minority and female personnel for promotional opportunities
and notifies these employees of training opportunities (formal or on- the -job) and encourages their
participation.
13. Contractors must 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 insure that the EEO policy and the Contractors obligations under
these specifications are being carried out.
To Demonstrate Compliance.
Contractors must have evidence (letter, memos, personnel files, reports) that; (a) the activity
under Item 12, above, has been carried out; (b) any collective bargaining agreements have an
EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO
officer reviews all monthly workforce: reports, hiring, terminations, and training provided on the job;
(d) the EEO officer's job description identifies his or her responsibility for monitoring all
employment activities for discriminatory effects; and (e) the contractor has initiated corrective
acticn xfienever the contractor nos idontified a possible discriminatory effect.
14. Contractors must insure that all facilities and company activities are nonsegregated; axcept for
providing separate or single -user toilets and necessary changing facilities to assure privacy
betwoen the axes.
sis
iD•Ai'FIRMATIVE ACTION STANDARDS
MIemI- DadeGo�ntYPHGD—
Page 17
7. Contractors must review; at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions, including specific review of these
items with on -site supervisory personnel such as superintendents and general forepersons prior to
the initiation of work at any job site. Contractors must make and maintain written record and
maintain it to identify the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the
time and place of meeting, persons attending, subject matter discussed, and disposition of subject
matter.
8. Contractors must disseminate their EEC} policies externally by including it in any advertising in the
news media, specifically including minority and women's policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
To Demonstrate Compliance.
Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new
major contract, to all recruiting sources (including labor unions and training programs) requiring
compliance with the policy; (b) advertisement that has the EEO "tagline!' on the bottom; and (c)
letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring
compliance with the policy.
9. Contractors must direct recruitment efforts, both oral and written, to minority, women and
community organizations, to schools with minority and women students, and to minority and
women's recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one (1) month prior to the date for accoptanee of applications
for apprenticeship or other training by any recruitment source, the contractor will send written
notification to such organizations, describing the openings, screening procedures, and tests to -be
used in the selection process.
To Demonstrate Compliance:
Contractors must have written records of contacts {written communications, teiepnone coils; or
personal meetings) with minority and women's community ;organizations and xecruitment's
sources, arid schools and #raining .organizations, specifying the date(s);'individuals contadtad;
results of the contact, and any follow -up. It must have copies of letters sent #o these organizations
at least one (1) montn prier to the acceptance of applications for training (apprenticeship or other)
describing the openings, screening procedures; arid tests to be used in the selection process,.
90. Contractors must :encourage minority .and women employees to recruit other minority persons and
women and provide, where reasonable, school; summer and vacation employment to minority and
femaleyouth both on -site and in ether areas of the workforces.
To Demonstrate Compliance:
Contractors must have a file of the names, addresses; telephone numbers, and crafts of each
minority and/or woman applicant showing the date of contact and whether or not the person was
hired and (if not) the reason; whether or not the person was sent to a union for referral and what
happened; and follow -up contracts when the contractor was hiring.
4. Contractors must provide immediate written notification to the Director when the union or unions
with which the contractor has a collective bargaining agreement failed to refer to the Contactor a
minority or woman sent by the contractor, or when the contractor has other information that the
union referral process impeded the contractor's efforts to meet its obligations:
To Demonstrate Compliance:
Contractors musthave copies of Leiters sent to verify claim that the union is impeding the
contractor's efforts to comply.
5. Contractors must develop on-the-job training opportunities or participate in training programs for
the area that expressly includes minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the contractor's employment needs; especially
those programs funded or approved by the Department of Labor. The contractor shall provide
notices of those programs to the sources compiled under Item 2, above.
To Demonstrate Compliance:
Contractors must have records of contributions in cash, equipment supplied or contractor
personnel provided as instructors -for approved Bureau of Apprenticeship and Training or
Department of Labor funded training programs and records of the hiring and training of minorities'
and women from such programs. ;Supply copies of letters informing minority and women's
recruitment sources or schools providing these training programs.
6, Contractors must :disseminate their EEO policies by providing notices of the policy to unions and
training programs and requesting their help in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing if in the company newspaper -or
annual report; by specific review of ttte policy with all management personnel and with all minority
and women employees at .least once a year; and by pasting the company EE0 policy on bulleting
boards accessible #o all employees at each location where construction work is performed:
To demonstrate Compliance.
Contractors must have written EEt
contractor's EEt7 officer and must:
copy of the policy on all compam
records, such as "reports or diaries..
and that it has beon tliscussed witl•
staff - meetings; (e} make copies al
make copies of letters to unions ai
contractor meefits EEO ol�ligationc
policies that incude the name and contact information on the
include the policy in any company pgliay manuals; (b) post a
7ulletin boards {in the office and an all job sites }; (a} put ih
tat each minority and woman employee;is aware of the polidy
iem; {d) rocord that the policyhas been disaussad regularly at
ewsletters and annual reports that include the pgliay; and {f)
training programs requesting their cooperation ih "helping the
Contracts covered by the Notice and Specifications shall make affirmative action to insure equal
employment opportunity. Evaluation of contractor's compliance with the affirmative action standards
sfiall be based on contractor's afforts to achieve maximum results from their actions. The contractor
shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative
action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, .
the efforts required to implement them and the records that should be maintained to document the
contractor's efforts,
1. Contractors must 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, must assign 2 or more women to each construction project. The
contractor shall specifically insure that all forepersons, superintendents and other on -s to
supervisory personnel are aware of and carryout the contractor's obligation to maintain such "a"
working environment, with speck attention to minorities or women working at such sites or in
such facilities:
To Demonstrate Compliance:
Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff
meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to
maintain a working environment free of harassment, intimidation, and coercion and to where'
possible, assign two or more women to each construction project. Monitoring of work environment%
by EEO officer.
2. Contractors must establish and maintain a current list of minority and women's recruitment
sources, provide written notification to minority and women's 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.
To Detnanstrate Compliance:
Contractors must have a currenf listing of recruitment scurces for minority and women craft
workers: tt must have copies of recent :letters to community resource groups or agencies
specifying the contractor "s employment opportunities and the procedures one snouid follow when
seeking employment. It must note the responses receive and the results on fhe bottom or reverse
of the festers or esfiabiish a #ollow -up file far eaoh organization notified:
3: Contractors must maintain a current fife of the name, address, and telephone number of each
minority andior women off -the straet applicant antl minority andtor women xeferred from a union;.
recruitment source, or community organization; and of the action that was taken with respect to
each individual. tf sucn individual was sent to tine union hiring hall #or referral and was not referred
back to the contractor by the union or; if referred, was not employed by the contractor; fnis shalC be
documented in tho fife with "the reason, clang with whatever additional actions the contractor may
havetaken.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants; Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
1: No Federal appropriated funds have been paid or will be ;paid, by or on 'behalf of the
undersigned; to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of
"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 of the 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'donnection with this federal contract, grant, loan; or cooperative agreement; the
undersigned shall complete and submit Standard Form tLL; "disclosure Form to Report
Lobbying, ";irraccordance with its instructions.
3. The undersigned shall "require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts; suggrants, and contracts under
:grants, loans;. and cooperative agreement in excess: of $100;000) and that all subrecipients
snail certify and disclose accordingly. This certification is a material representation of fact "upon
which reliance was placed when this transaction was made or entered into Submission of IN
certification is a prerequisite for making dr 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 notices thynp $10,000 grid not more than $900,000 for each such failure:
Business i4ddress: >� �i r� d � t�zf' t � � G "� y
Title: V/
Page 13
6. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Grade County, Section 2- 8.4.1, any individual or
corporation or :other :entity that attempts to meet its contractual obligations with the
County through fraud, - misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
7: Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
F. ACCESS TO RECORDS AND RECORD RETENT #ON PROVISION
Rtl official project records and documents must be maintained during the operation of this
prajact and for a periotl of three (9} yearsfoClowing close out in compliance with 4 NCAC 19L
Rule .tlg1 i; Recordkeeping:
The Miami -Dade public Housing and Community Devetopmant, the U.S. Department of
Nousing; and Urban Development, and tt5e ComptrolterGeneral of the United States, or any
of their duly authorized representatives; shall have access to any books, documents, papers
and records of the impiement'sng agency which are pertinenf to this contract, forthe purpose
of making audits, examinations; excerpts and transcriptions in compliance with the above:
2. Termination for Convenience
The Principal Contractor/Owner may terminate
parties agree that the continuation of the activit
contract, in whole part, when both
the right to terminate this contract witnoi
prior to notice i
ipon thirty
vould not produce beheticiat results
s. Both
trier, at at its
pariiesshall agree upon the:
sale discretion, reserves
{30} days written notice
of incur anv "additional costs under:
Upon receipt of such notice, the Contrac
this contract. The Principal Contractarlp
incurred by the Contractor
3ation The
shall be the sole judge of 'reasonable costs,"
3. Termination Because of Lack of Funds
In the event of a funding short -fall; or a reduction in federal
propriations, or should
funds to finance this contract become unavailable, the:Princips Contractor /Owner may
terminate this contract upon no Tess than twenty -four (24) hai s written noti
the Contractor. Said notice shatl be delivered: by certified mail,
or in person with proof of delivery.; The Principal Contractor/
authority to .determine whether, or not .funds are ova
:
fication to
turn receipt; requested,
tuner shall be the final
ble. The Principal-
Contractor /Owner may at its discretion terminate, renegotiate and/or adjust the contract
award whichever is in the best interest of the Principal Contractor /Owner.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Principal
Contractor /Owner through Board of County Commissioners' action, the Principal
Contractor /Owner may, at its discretion, request in writing from the Director of PHCD a
release from its contractual obligations to the County. The Director of PHCD will review
the effect of the request on the community and the County prior to making a final
determination.
5. Termination for Breach
The Principal Contractor /Owner may ferminate this contract, in whole ar in .part, when
the Principal ContractarlOwnor determines, in its sole and absolute discretion that the
Contraa #or is nct making sufFcient progress thereby endangering ultimate contract
parformance, or is not materially ccmplying with any term ar provision of this contract.
Unless the Contractor's breach is waiued by the Principal ContractorlOwner in writing,
#ne Principa! ContraatoriQwner may, by written notice to the Contractor, terminate tills
contract upon no less than Twenty -four (24) Hours' native: Said notice shall be delivered
by certified mail; return receipt requested, orn persorrwith proof of delivery:
Waiver of breach of any provision of this contract shall not be deemed to beta waiver of
any other breach and strait not be construed io be a'rrrodifiaation of the terms of this
contract. The provisions herein da not limit the Principal Contractor's /Owner's eight to
Iegai or equitable remedies.
Ili. All insurance policies required above all shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the County Risk Management Division.
Or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in Florida"
issued by the State of Florida Department of Insurance and are members of the Florida
Guaranty Fund.
IV. All insurance required by the contract must stay in force until final acceptance except,
"Completed Value Builder's Risk" which may be dropped after substantial completion.
The Contractor shall also keep all insurance required by contract, except "Completed
Value Builder's Risk ", in force when performing any work during the guarantee
period(s).
The Contractor shall furnish certificates of insurance and insurance policies to the
owner prior to commencing any operation under this contract, which certificates shall
clearly indicate that the Contractor has obtained insurance, in the type, amount, and
classifications, as required for strict compliance with the contract.
NOTE: Certificates will indicate no modification or change in insurance shall be made
without thirty (30) days in advance notice to the certificate holder.
Compliance with the foregoing. requirements as to the carrying of insurance shall not
relieve the Contractor from his liability under any other portion of this contract.
V. Cancellation of any insurance or bonds, or non - payment by the contractor of any
premium for any insurance policies or bonds required by this contract shall constitute a
breach of this contract. In addition to any other legal remedies, the owner at its sole
option may terminate this contract or pay such premiums, and deduct the costs thereof
from any amount, which are or may be due to the Contractor.
Page 2 of 2
6 - INSURANCE REQUIREMENTS
Miami -Dade County PHCD
Page 8
i INSURANCE REQUIREMENTS 1
The term "Contractor", as used in this document, refers to the entity providing construction
type services. The terms "owner" and "sub - recipient" are used interchangeably, and refer
to the entity receiving Federal funds directly from PHCD.
I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary
certificate(s) and original policies described hereunder.
A. New Construction projects include construction of a new building; addition of dwelling units outside the existing
walls of a structure, etc.
B. Major Rehabilitation includes additions to existing buildings; installation of new infrastructure; rehabilitation of
existing structures (costs at or over 25% of the value of the property), etc.
C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures — moderate home rehab;
repairs and rehab to homes such as installation of new windows, shutters, doors, interior renovation, (costs not to
exceed 250/6 of the value of the property); and the actual acquisition of land and for the purpose of developing
affordable housing units (does not include actual construction of the units).
D. Commercial Revitalization includes rehab to the facade of existing structures to enhance the neighborhood and
its surroundings.
11. Insurance required by project type:
PROJECT TYPE
REQUIRED CERTIFICATE(S) OF INSURANCE
A. New Construction
B. Major Rehabilitation
Worker's Compensation Insurance - for all employees of the
C. Minor Rehabilitation and Land Acquisition
Contractor as required by Florida Statute 440.
D. Commercial Revitalization
A. New Construction
Professional Liability Insurance- in the name of the Contractor or the
B. Major Rehabilitation
licensed design professional employed by the Proposer in an amount of
not less than $250,000.
Commercial General Liability — on a comprehensive basis, including
Explosion, Collapse and Underground Liability coverage in an amount
D. Commercial Revitalization
not less than $300,000 combined single limit per occurrence for bodily
injury and property damage. Mlaril -Dade County must be shown as
an additional insured with respect to this coverage.
Commercial General Liability — on a comprehensive basis, including
Explosion, Collapse and Underground Liabifity coverage in an amount
C. Minor Rehabilitation and Land Acquisition
not less than $500,000 combined single limit per occurrence for bodily
Injury and property damage. Miami -Dade County must be shown as
an additional insured with respect to this covers e.
Commercial General Liability — on a comprehensive basis, including
A. New Construction
Explosion, Collapse and Underground Liability coverage in an amount
B. Major Rehabilitation
not less than $1,000,000 combined single limit per occurrence for bodily
injury'and property damage. Miami -Dane County must be shown as
an additional insured with respect to this coverage.
A. New Construction
Automobile Liability Insurance- covering all owned, non -owned and
B. Major Rehabilitation
hired vehicles used In connection with the work, in an amount not less
C. Minor Rehabilitation and Land Acquisition
than $500,000 combined single lima per occurrence for bodily injury and
D. Commercial Revitalization
property damage.
Completed Value Builder's Risk Insurance- on al `All Risk" basis in
A. New Construction
an amount not less than one hundred (100%) percent of the insurable
B. Major Rehabilitation
value of the building(s) or structure(s). The policy shall be in the name
of the sub - recipient and the Contractor, and Miami -Dade County must
be listed as a loss pgee.
All insurance requirements must be verified at the dine of the pre- construcilon meeting.
Page 1 of 2
6 - INSURANCE REQUIREMENTS
MWT&Dade County PHCD
Page 7