Okaloosa County BOCC — May 4, 2013 — reading text

regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Date Signature Company Name Title LOBBYING - The undersigned (contractor) certifies, to the best of his or his knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (p.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.) (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. (Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure 72 Packet Pg. 699  9.10.c.b or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure or failure.) The Contractor, _, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Attachment: Purchasing Manual-6 (post 3-19-13 meeting) (1553 : Revisions to the Purchasing Manual) Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date CLEAN AIR (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The contractor agrees to report each violation to the Purchaser and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office. (2) The contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the project. The contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated 73 Packet Pg. 700  9.10.c.b during employment, without regard to their race, color, creed, national origin, sex, or age. 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. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Attachment: Purchasing Manual-6 (post 3-19-13 meeting) (1553 : Revisions to the Purchasing Manual) contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (3) The contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. BID PROTESTS - The Director of Purchasing or his/her representative shall post a tabulation of bids received along with the intended award recommendations or a short list of proposers on the bulletin board in the Purchasing Department. Any person allegedly adversely affected by the decision or intended decision of award must file a written notice of protest within 72 hours after posting of the award recommendation. This notice must be delivered to the County Administrator and must contain the following: 1. The protestant's business name, address and phone number 2. The solicitation involved 3. A clear statement as to the grounds of protest (applicable statutes, ordinances, laws, etc.) 4. Specifically request the relief to which the protestant deems itself entitled. Failure to file a written notice of protest within the time period specified shall result in relinquishment of all rights of protest by the vendor. 74 Packet Pg. 701  9.10.c.b BUY AMERICA POST DELIVERY CERTIFICATION The undersigned Okaloosa County employee certifies that he/she has inspected the below listed Attachment: Purchasing Manual-6 (post 3-19-13 meeting) (1553 : Revisions to the Purchasing Manual) vehicle for compliance with Title 49 of the CFR, Part 663 (Buy America). This assures that at least 60% of the total costs of all components in the completed vehicle were secured from manufacturers in the United States and that final assembly of the vehicle took place in the United States, unless an attached waiver from the Federal Transit Administration is included. This provision does not apply to purchases with a total contract price of $100,000.00 or less. Date Vehicle Description VIN # Vendor/Source Purchasing Employee Name (Printed/Typed) Signature Okaloosa Coordinated Transit Employee Name (Printed/Typed) Signature 75 Packet Pg. 702  9.10.c.b GOVERNMENT DEBARMENT AND SUSPENSION INSTRUCTIONS 1. By signing and submitting this proposal, the prospective low tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Attachment: Purchasing Manual-6 (post 3-19-13 meeting) (1553 :