Grant Administration and Management Services (Infrastructure) for Community Development Block Grant - Disaster Recovery Program for Jefferson County

JEFFERSON COUNTY PURCHASING DEPARTMENT Deborah L. Clark, Purchasing Agent 1149 Pearl Street, 1st Floor, Beaumont, TX 77701 409-835-8593 Fax 409-835-8456 LEGAL NOTICE Advertisement for Request for Proposal July 16, 2018 Notice is hereby given that sealed proposals will be accepted by the Jefferson County Purchasing Department for RFP 18-031/JW, Grant Administration and Management Services (Infrastructure) for Community Development Block Grant – Disaster Recovery Program for Jefferson County. Jefferson County plans to apply for the upcoming Community Development Block Grant – Disaster Recovery funding from the General Land Office – Community Development & Revitalization (GLO). These services are being solicited to assist the County in its application and administration of the Infrastructure CDBG-DR contract(s), if awarded, to support eligible activities in Jefferson County. Accordingly, the County is seeking to contract with a qualified Administration Service Provider (individual/firm)

to prepare the application and/or administer the awarded contract(s). Specifications for this project may be obtained from the Jefferson County website, http://www.co.jefferson.tx.us/Purchasing/main.htm, or by calling 409-835-8593. Proposals are to be sealed and addressed to the Purchasing Agent with the proposal number and name marked on the outside of the envelope or box. Offerors shall forward an original and five (5) hard copies of their proposal to the address shown below. Late proposals will be rejected as non-responsive. Proposals will be publicly opened and only the firm name will be read aloud in the Jefferson County Commissioners’ Courtroom at the time and date below. Proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and maintains the confidentiality of the proposals during negotiations. Proposals will be open for public inspection after the award of the contract, except for trade secrets and confidential information. Offerors are invited to attend the sealed proposal opening. PROPOSAL NAME: Grant Administration and Management Services (Infrastructure) for Community Development Block Grant – Disaster Recovery Program for Jefferson County PROPOSAL NO: RFP 18-031/JW DUE DATE/TIME: 11:00 am CDT, Tuesday, August 14, 2018 MAIL OR DELIVERY TO: Jefferson County Purchasing Department 1149 Pearl Street, 1st Floor Beaumont, Texas 77701 Any questions relating to these requirements should be directed to Jamey West, Assistant Purchasing Agent at 409-835-8593 or jwest@co.jefferson.tx.us Jefferson County is an Affirmative Action/Equal Opportunity Employer and encourages Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, and Women-owned Business Enterprises to submit proposals. The County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provisions of services. Individuals requiring special accommodations are requested to contact our office at 409-835-8593 to make arrangements no later than seven (7) calendar days prior to the submittal deadline. The County reserves the right to accept or reject any or all proposals, to waive technicalities and to take whatever action is in the best interest of the County. The County reserves the right to negotiate with any and all individuals or firms that submit proposals. All interested firms are invited to submit a proposal in accordance with the terms and conditions stated in this proposal. RESPONDENTS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION. Deborah L. Clark, Purchasing Agent Jefferson County, Texas Publish: Beaumont Enterprise & Port Arthur News – July 18, 2018 & July 25, 2018 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 1 of 59 Table of Contents Table of Contents ................................................................................................................................. 1 Proposal Submittal Checklist .............................................................................................................. 4 1. Introduction to Offerors .................................................................................................................. 5 1.1 Vendor Instructions ................................................................................................................... 5 1.2 Governing Law.......................................................................................................................... 5 1.3 Ambiguity, Conflict, or Other Errors in RFP .............................................................................. 5 1.4 Notification of Most Current Address ........................................................................................ 5 1.5 Proposal Preparation Cost ........................................................................................................ 5 1.6 Signature of Proposal ............................................................................................................... 6 1.7 Economy of Presentation ....................................................................................................... 6 1.8 Proposal Obligation ............................................................................................................... 6 1.9 Incorporation by Reference and Precedence .......................................................................... 6 1.10 Governing Forms ..................................................................................................................... 6 1.11 Implied Requirements .............................................................................................................. 7 1.12 Compliance with RFP Specifications ....................................................................................... 7 1.13 Vendor Registration: SAM (System for Award Management) ................................................. 7 1.14 Awarded Vendors: Submission of FORM 1295 ....................................................................... 7 1.15 Emergency/Declared Disaster Requirements .......................................................................... 8 1.16 FEMA Mandated Contract Clauses ......................................................................................... 9 1.17 Evaluation .............................................................................................................................. 15 1.18 Withdrawal of Proposal ......................................................................................................... 15 1.19 Minority-Women Business Enterprise Participation ............................................................... 15 1.20 Award..................................................................................................................................... 15 1.21 Ownership of Proposal .......................................................................................................... 15 1.22 Disqualification of Offeror ...................................................................................................... 15 1.23 Contractual Development ...................................................................................................... 15 1.24 Assignment ............................................................................................................................ 16 1.25 Contract Obligation ................................................................................................................ 16 1.26 Termination ............................................................................................................................ 16 1.27 Inspections............................................................................................................................. 16 1.28 Testing ................................................................................................................................... 16 1.29 Loss, Damage, or Claim ........................................................................................................ 16 1.30 Taxes ..................................................................................................................................... 16 1.31 Non-Discrimination ................................................................................................................ 17 1.32 Conflict of Interest .................................................................................................................. 17 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 2 of 59 Table of Contents (Continued) 1.33 Waiver of Subrogation ............................................................................................................ 17 1.34 Delivery of Proposals .............................................................................................................. 18 1.35 Proposal Submission During Time of Inclement Weather, Disaster, or Emergency ............... 19 1.36 Questions................................................................................................................................ 19 1.37 Tentative Schedule of Events ................................................................................................. 19 2. RFP for Administration/Professional Services ........................................................................... 20 I. Scope of Work ........................................................................................................................... 20 II. Statement of Qualifications ........................................................................................................ 21 III. Proposed Cost of Services ....................................................................................................... 21 IV. Evaluation Criteria ..................................................................................................................... 21 V. Submission Requirements ......................................................................................................... 22 VI. Contracting with Small & Minority Businesses, etc. ................................................................. 24 VII. Deadline for Submission .......................................................................................................... 24 Exhibit A: Scope of Work ................................................................................................................... 25 Exhibit B: Rating Sheet (Sample) ...................................................................................................... 29 Exhibit C: Required RFP Forms ........................................................................................................ 30 Cost Proposal Form – Cost of Services: Infrastructure .................................................................... 31 SAM (System for Award Management) – Insertion Page ................................................................. 32 Conflict of Interest Questionnaire. .................................................................................................... 33 Certification Regarding Lobbying ...................................................................................................... 35 Disclosure of Lobbying Activities ...................................................................................................... 37 Certification of Interested Parties (FORM 1295 SAMPLE) ............................................................... 38 Non-Disclosure Agreement ............................................................................................................... 39 Vendor References ........................................................................................................................... 40 Signature Page. ................................................................................................................................ 41 Local Government Officer Conflict Disclosure Statement Forms (OFFICE USE ONLY) .................. 42 Good Faith Effort .............................................................................................................................. 43 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 3 of 59 Table of Contents (Continued) Notice of Intent (NOI) to Subcontract with HUB ................................................................................ 44 HUB Subcontracting Participation Declaration ................................................................................. 45 Residence Certification/Tax Form .................................................................................................... 49 Bid Affidavit ....................................................................................................................................... 50 Exhibit D: Required Contract Provisions ......................................................................................... 51 Proposal Submissions: Offeror is responsible for submitting: ■ One (1) original proposal copy to include a completed copy of this specifications packet, in its entirety. ■ Five (5) numbered proposal copies to include at a minimum all pages requiring completion and/or marked with instructions to be returned with proposal submission and any other documentation requested within these specifications. Additionally, Offeror must monitor the Jefferson County website (below) to see if addenda or additional instructions have been posted. Failure to return all required forms could result in a response being declared as non-responsive. http://www.co.jefferson.tx.us/Purchasing/main.htm (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 4 of 59 Proposal Submittal Checklist The Offeror’s attention is especially called to the items listed below, which must be submitted in full as part of the proposal. Failure to submit any of the documents listed below as a part of your proposal, or failure to acknowledge any addendum in writing with your proposal, or submitting a proposal on any condition, limitation, or provision not officially invited in this Request for Proposal (RFP) may cause for rejection of the proposal. Offeror shall check each box indicating compliance. THIS CHECKLIST MUST BE SUBMITTED AS PART OF YOUR PACKAGE Cover sheet identifying the contract/project being proposed, the name and address of the Offeror, the date of the proposal, and the email address, telephone, and facsimile numbers of Offeror. An acknowledgment and/or response to each section of the proposal. Form of business (e.g., corporation, sole proprietorship, partnership); if corporation the date and state of incorporation. Identification of three (3) entities for which the Offeror is providing or has provided Grant Administration and Management Services of the type requested, including the name, position, and telephone number of a contact person at each entity. Identification of all legal claims, demands, contracts terminated or lawsuits filed, threatened, or pending against the Offeror and/or its principal/officers for the last three (3) years, as well as identification of any administrative actions or warnings taken or issued by any federal, state, or local governmental agency to Offeror and/or its principals/officers with regard to the provision of the same or similar service as covered by this RFP, or the payment of moneys under the terms of any agreement(s) relating to such services. One (1) original proposal to include a completed copy of this specifications packet in its entirety; and Five (5) numbered proposal hard copies to include at a minimum all pages requiring completion and/or marked with instructions to be returned with proposal and any other documentation requested within these specifications. Each Offeror shall ensure that required parts of the response are completed with accuracy and submitted as per the requirements within this specifications packet, including any addenda. PLEASE READ THE “PROPOSAL SUBMITTAL CHECKLIST” INCLUDED IN THIS PACKAGE. Company Telephone Number Address Fax Number Authorized Representative (Please print) Title Authorized Signature Date Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 5 of 59 1. Introduction to Offerors This Request for Proposal (RFP) is to receive proposals from qualified firms to provide Grant Administration and Management Services (Infrastructure) for Community Development Block Grant - Disaster Recovery Program to assist Jefferson County in its application and administration of a contract, if awarded, from the CDBG – Disaster Recovery Program of the General Land Office (GLO). The following items are provided as general information and specifications as required by Jefferson County. 1.1 Vendor Instructions Read the document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you have a clear understanding of the proposal. General Requirements apply to all advertised requests for proposals; however, these may be superseded, whole or in part, by the Scope of Services, Guidelines and Specifications, Requested Responses and Information, or other data contained herein. Be sure your proposal package is complete. 1.2 Governing Law Offeror is advised that these requirements shall be fully governed by the laws of the State of Texas and that The County may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. 1.3 Ambiguity, Conflict, or other errors in the RFP If Offeror discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Offeror shall immediately notify the County of such error in writing and request modification or clarification of the document. Modifications will be made by issuing Addenda. Written notice will be given to all parties who have been furnished with the RFP without divulging the source of the request for the same. If the Offeror fails to notify the County prior to the date and time fixed for submission of proposals of an error or ambiguity in the RFP known to Offeror, or an error or ambiguity that reasonably should have been known to Offeror, then Offeror shall not be entitled to compensation or additional time by reason of the error or ambiguity or its later resolution. The County may also modify the RFP, no later than 48 hours prior to the date and time fixed for submission of proposals, by issuance of an Addendum to all parties who have received the RFP. All addenda will be numbered consecutively, beginning with 1. 1.4 Notification of Most Current Address Firms in receipt of this RFP shall notify Deborah L. Clark, Jefferson County Purchasing Agent, of any address changes, contact person changes, and/or telephone number changes no later than 48 hours prior to the date and time fixed for submission of proposals. 1.5 Proposal Preparation Cost Cost for developing proposals is entirely the responsibility of Offerors and shall not be charged to Jefferson County. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 6 of 59 1.6 Signature of Proposal A transmittal letter, which shall be considered an integral part of the proposal, shall be signed by an individual who is authorized to bind the Offeror contractually. If the Offeror is a corporation, the legal name of the corporation shall be provided together with the signature of the officer or officers authorized to sign on behalf of the corporation. If the Offeror is a partnership, the true name of the firm shall be provided with the signature of the partner or partners authorized to sign. If the Offeror is an individual, that individual shall sign. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney or equivalent document must be submitted to the Jefferson County Purchasing Department prior to the submission of the proposal or with the proposal. 1.7 Economy of Presentation Proposals shall not contain promotional or display materials, except as they may directly answer in whole or in part questions contained in the RFP. Such exhibits shall be clearly marked with the applicable reference number of the question in the RFP. Proposals must address the technical requirements as specified in the RFP. All questions posed by the RFP must be answered concisely and clearly. Proposals that do not address each criterion may be rejected and not considered. 1.8 Proposal Obligation The contents of the proposal and any clarification thereof submitted by the selected Offeror shall become part of the contractual obligation and incorporated by reference into the ensuing contract. 1.9 Incorporation by Reference and Precedence This Agreement is derived from (1) the RFP, written clarifications to the RFP and County’s response to questions; (2) the Contractor’s Best and Final Offer, and (3) the Contractor’s response to the RFP. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1) Amendments to the Agreement in reverse chronological order; (2) the Agreement, including the Scope of Work; (3) the Contractor’s Best and Final Offer; (4) the RFP, including attachments thereto and written responses to questions and written clarifications; and (5) the Contractors response to the RFP. 1.10 Governing Forms In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, the County’s interpretation shall govern. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 7 of 59 1.11 Implied Requirements Products and services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Offeror, shall be included in the proposal. 1.12 Compliance with RFP Specifications It is intended that this RFP describe the requirements and the response format in sufficient detail to secure comparable proposals. Failure to comply with all provisions of the RFP may result in disqualification. 1.13 Vendor Registration: SAM (System for Award Management) Vendors doing business with Jefferson County are required to be registered with The System for Award Management (SAM), with an “active” status. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO fee to register for this site. Entities may register at no cost directly from the SAM website at: https://www.sam.gov Offerors are strongly encouraged to review their firm’s SAM (System for Award Management) status prior to Proposal Submission. 1.14 Awarded Vendor(s): Submission of FORM 1295 (Texas Ethics Commission) In accordance with House Bill 1295 (passed January 1, 2016), Vendors entering into contracts and professional agreements with Jefferson County will be required to complete a Certificate of Interested Parties (FORM 1295). In 2017, the Texas legislature amended the law to require Form 1295 to include an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018. The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application. Upon entering into a contract or professional agreement, the Jefferson County Purchasing Department will submit a request to the Vendor to both: 1. Submit a FORM 1295 online via the Texas Ethics Commission website link below. Vendors must enter the required information on Form 1295, and print a copy of the completed form. The form will include a certification of filing that will contain a unique certification number. 2. Submit a FORM 1295 hard copy (completed & signed by an Authorized Agent of the Awarded Vendor), to the Jefferson County Purchasing Department. FORM 1295, Completion Instructions, and Login Instructions are available via the Texas Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 8 of 59 1.15 Emergency/Declared Disaster Requirements In the event of an emergency or if Jefferson County is declared a disaster area, by the County, State, or Federal Government, a contract (executed in response to this Request for Proposal) may be subjected to unusual usage. Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing as specified in the contract shall apply to serving the County’s needs regardless of the circumstances. If Contractor is unable to supply the services under the terms of the contract, then Contractor shall provide proof of such disruption and a copy of the invoice from Contractor’s supplier(s). Additional profit margin as a result of supplying services during an emergency or declared disaster shall not be permitted. In the event that additional equipment, supplies, and materials are required during the declared disaster, additional shipping, handling and drayage fees may apply. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 9 of 59 1.16 Federal Emergency Management Agency (FEMA) Mandated Contract Clauses If applicable to the work and services being performed by CONTRACTOR under the parties’ AGREEMENT, the following provisions are adopted and form part of this AGREEMENT: (A) DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A) (1) All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor’s breach of its performance obligations, County shall have all rights and remedies against Contractor as provided by law. (B) TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B) Termination for Convenience: Whenever the interests of the County so require, County may terminate the parties’ Agreement, in whole or in part, for the convenience of the County. County shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Contractor has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by County, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The County may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Contractor’s receipt of a Notice of Deficiency provided by County. (C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C)) If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)): (1) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 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. AGREEMENTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the CONTRACTOR’S commitments under this (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 10 of 59 section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) 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. (5) 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 for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. D. DAVIS-BACON ACT AND COPELAND “ANTI-KICKBACK” ACT, 2 CFR §200.326 Appen. II to Part 200 (D) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT: (1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009-2/January 2016); (2) Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency. If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT: (a) CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this AGREEMENT. (b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 11 of 59 responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix II to Part 200 (E) (40 U.S.C. 3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes 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 paragraph (I) of this section the contractor and any subcontractor responsible therefor 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 paragraph (I) of this section, 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 paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT 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 contractor, 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 paragraph (2) of this section. (4) The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR §200.326 Appendix II to Part 200 (F) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.” (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 12 of 59 G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326 Appendix II to Part 200 (G) CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). CONTRACTOR shall include the foregoing requirements in each subcontract exceeding $100,000. H. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR §200.326 Appendix II to Part 200 (H) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201). I. DEBARMENT AND SUSPENSION, 2 CFR §200.326 Appendix II to Part 200 (I) (1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR §200.326 Appendix II to Part 200 (J) CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid response, CONTRACTOR must complete and submit the Certification Regarding Lobbying Form. K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 Appendix II to Part 200 (K) and 2 CFR §200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 13 of 59 (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm. L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321) Should the CONTRACTOR subcontract any of the work under this AGREEMENT, CONTRACTOR shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. M. ACCESS TO RECORDS (1) CONTRACTOR agrees to provide GOVERNMENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purposes of making audits, examinations, excerpts, and transcriptions. (2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. N. SEAL, LOGO AND FLAGS CONTRACTOR shall not use the U.S. Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security’s agency officials without specific FEMA preapproval. O. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT only. CONTRACTOR will comply will all federal law, regulations, executive orders, FEMA policies, procedures, and directives. P. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to any matter resulting from the contract. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 14 of 59 Q. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 15 of 59 1.17 Evaluation Jefferson County reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the County’s judgment as to the appropriateness of an award to the best evaluated Offeror. This information may be appended to the proposal evaluation process results. Information on a service provider from reliable sources, and not within the service provider’s proposal, may also be noted and made part of the evaluation file. Jefferson County shall have sole responsibility for determining a reliable source. Jefferson County reserves the right to conduct written and/or oral discussions/interviews after the proposal opening. The purpose of such discussions/interviews is to provide clarification and/or additional information to make an award is in the best interest of Jefferson County. 1.18 Withdrawal of Proposal The Offeror may withdraw its proposal by submitting a written request over the signature of an authorized individual, as described in paragraph 1.6, to the County any time prior to the submission deadline. The Offeror may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. 1.19 Minority-Women Business Enterprise Participation It is the desire of the County to increase the participation of Minority (MBE) and women-owned (WBE) businesses in its contracting and procurement programs. While the County does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. 1.20 Award Jefferson County reserves the right to award this contract on the basis of the Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, to make award to more than one Offeror, and/or to reject any or all proposals. In the event the highest dollar Offeror meeting specifications is not awarded a contract, the Offeror may appear before Commissioners’ Court and present evidence concerning his responsibility. 1.21 Ownership of Proposal All proposals become the property of the Jefferson County and will not be returned to Offerors. 1.22 Disqualification of Offeror Upon signing this proposal document, a contractor offering to sell supplies, materials, services, or equipment to Jefferson County certifies that the Offeror has not violated the antitrust laws of this state codified in Section 15.01, et seq, Business & Commerce Code, or the Federal Antitrust Laws, and has not communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business. Any or all proposals may be rejected if the County believes that collusion exists among the Offerors. 1.23 Contractual Development The contents of the RFP and the selected proposal will become an integral part of the contract, but may be modified by provisions of the contract as negotiated. Therefore, the Offeror must be amenable to inclusion in a contract of any information provided (in writing) either in response to this RFP or subsequently during the selection process. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 16 of 59 1.24 Assignment The selected vendor may not assign, sell, or otherwise transfer this contract without written permission of the Jefferson County Commissioners’ Court. 1.25 Contract Obligation Jefferson County Commissioners’ Court must award the contract, and the County Judge or other person authorized by Jefferson County Commissioners’ Court must sign the contract before it becomes binding on Jefferson County or the Offeror. Department heads are not authorized to sign agreements for Jefferson County. Binding agreements shall remain in effect until all products and/or services covered by this proposal have been satisfactorily delivered and accepted. 1.26 Termination Jefferson County reserves the right to terminate the contract for default if the awarded vendor breached any of the terms therein, including warranties of Offeror, or if the Offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies Jefferson County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all other requirements to Jefferson County’s satisfaction, and/or to meet all other obligations and requirements. Contracts may be terminated without cause upon thirty (30) days’ written notice to either party unless otherwise specified. 1.27 Inspections Jefferson County reserves the right to inspect any item(s) or service location(s) for compliance with specifications and requirements and needs of the using department. If a proposal cannot furnish a sample of a proposed item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the Offeror as inadequate. 1.28 Testing Jefferson County reserves the right to test equipment, supplies, material and goods proposed for quality, compliance with specifications, and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the offer is subject to rejection. 1.29 Loss, Damage, or Claim The Offeror shall totally indemnify Jefferson County against all claims by its employees, agents, or representatives or personal injury arising from any cause. In addition, the Offeror shall totally indemnify Jefferson County against all claims of loss or damage to the Offeror’s and Jefferson County’s property, equipment, and/or supplies. 1.30 Taxes The contractor and its subcontractors, agents and employees, as the case may be, will be responsible for the payment of all federal, state and local taxes, and deposits or contributions imposed or required by law. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 17 of 59 1.31 Non-Discrimination The successful offeror will be required to comply with the Americans With Disabilities Act and with all provisions of federal, state, county and local (if any) laws and regulations to ensure that no employee or applicant for employment is discriminated against because of race, color, religion, sex, age, handicap or national origin. 1.32 Conflict of Interest The agreement entered into pursuant to this RFP will contain the Contractor’s warranty that, except for bona-fide employees or selling agents maintained by the Contractor for the purpose of securing business, no person or selling agency has been employed or retained to solicit this contract upon an agreement or understanding for commission, percentage or contingency. Further, the contractor will warrant that no kickbacks, gratuities, or contingency fees have been paid in connection with this RFP or contract and none has been promised contingent upon the award of contract. And, will still further warrant that to its knowledge and best belief, no one being paid under the agreement between the County and the contractor, is engaged in any activities which would constitute a conflict of interest with respect to the purposes of said agreement. 1.33 Waiver of Subrogation Offeror and Offeror’s insurance carrier waive any and all rights whatsoever with regard to subrogation against the County as an indirect party to any suit arising out of personal or property damages resulting from the Offeror’s performance under this agreement. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 18 of 59 1.34 Delivery of Proposals All proposals are to be delivered by 11:00 AM CDT, Tuesday, August 14, 2018, to: Jefferson County Purchasing Department Attention: Deborah L. Clark, Purchasing Agent 1149 Pearl Street, 1st Floor Beaumont, Texas 77701 Courthouse Security: Offerors are advised that all visitors to the Courthouse must pass through Security. Offerors planning to hand deliver proposal must allow time to get through Security, as a delay in entering the Courthouse will not be accepted as an excuse for late submittal. Mondays and Tuesdays are particularly heavy days. Offerors are strongly urged to plan accordingly. County Holidays – 2018: January 1 Monday New Year’s January 15 Monday Martin Luther King, Jr. Day February 19 Monday President’s Day March 30 Friday Good Friday May 28 Monday Memorial Day July 4 Wednesday Independence Day September 3 Monday Labor Day November 12 Monday Veteran’s Day November 22 & 23 Thursday & Friday Thanksgiving December 24 & 25 Monday & Tuesday Christmas January 1, 2019 Tuesday New Year’s Jefferson County will not accept any proposals received after the stated time and date, and shall return such proposals unopened to the Offeror. Jefferson County will not accept any responsibility for proposals being delivered by third party carriers. Proposal Submissions shall be tightly sealed in an opaque envelope or box and plainly marked “SEALED PROPOSAL.” The outside of the envelope or box shall also include: Proposal Number, Proposal Name, Proposal Due Date, Offeror’s Name and Address; and shall be addressed to the Purchasing Agent. Proposals will be opened publicly in a manner to avoid public disclosure of contents; however, only names of Offerors will be read aloud. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 19 of 59 1.35 Proposal Submissions During Time of Inclement Weather, Disaster, or Emergency In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a bid/proposal/request for statement of qualifications submission deadline, the bid/proposal/request closing will automatically be postponed until the next business day that County offices are open to the public. Should inclement weather conditions or any other unforeseen event cause delays in courier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the county of their interest in the project should these conditions impact their ability to submit a bid/proposal/statement of qualifications submission before the stated deadline. The County reserves the right to make the final judgement call to extend any deadline. Should an emergency or unanticipated event interrupt normal County processes, and bid/proposal/statement of qualifications submissions cannot be received by the Jefferson County Purchasing Department’s office by the exact time specified in the RFP and urgent County requirements preclude amendment to the RFP, the time specified for receipt of proposal will be deemed to be extended to the same time of day specified in the solicitation on the first business day on which normal County processes resume. 1.36 Questions Questions may be emailed to Jamey West, Assistant Purchasing Agent at: jwest@co.jefferson.tx.us or faxed to 409-835-8456. 1.37 Tentative Schedule of Events July 16, 2018 Issuance of Request for Proposal August 14, 2018 Deadline Submission (late proposals will not be considered) Week of August 20, 2018 Proposals distributed to Evaluation Committee Week of August 27, 2018 Evaluation Committee Convenes to Tabulate Scoring and Determines Short List Week of September 3, 2018 Conduct Interview/Best and Final Offer/Short List September 10, 2018 Recommendation for Award Please note: The above schedule of events is tentative in nature. Dates listed are subject to change. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 20 of 59 2. RFP for Administration/Professional Services Jefferson County is seeking to enter into a services contract with well-qualified administration/ management firm/professional service provider(s) to assist the County in preparing an application for and in the overall management of its proposed Infrastructure-related CDBG-Disaster Recovery project(s), if funded by the Texas General Land Office - Community Development and Revitalization (“GLO”). The following outlines the RFP: I. Scope of Work A sample detailed Scope of Work (“SOW”) provided by GLO is enclosed as Exhibit A. The professional administration/management firm/consultant to be hired is to provide application and contract-related management services, including but not limited to the following areas: Pre-Funding Services* Grant Administrator will develop project scope and complete CDBG-DR application. The provider will work with the local government and Engineer, if applicable, to provide the concise information needed for submission of one or more complete disaster recovery funding applications and related documents. The required information shall be submitted in a format to be described by the GLO. Post-Funding Services Grant Administrator will administer and complete infrastructure projects approved for disaster recovery funding. The selected administrative firm must follow all requirements of the HUD CDBG-DR program as administered by GLO. General Administration Services – General  Administrative Duties  Construction Management Grant Administration Services – Infrastructure  Administrative Duties  Acquisition Duties  Environmental Services Please specify a complete list of actual tasks to be performed under each of these categories in your response, including, if necessary, a brief description of each task *Pre-funding services are not eligible for CDBG-DR reimbursement and must be paid with local or other non-CDBG-DR funds. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 21 of 59 II. Statement of Qualifications – Jefferson County is seeking to contract with well-qualified professional administration/management firm(s)/consultant(s) experienced in grants / contracts application and administration. Please provide the following information:  A brief history of the proposing entity, including general background, knowledge of and experience working with relevant agencies, with an emphasis on recent experience;  Related experience in applying for and managing federally-funded local public works infrastructure projects – with an emphasis on directly-related and recent experience;  A description of work performance and experience with CDBG-DR including a list of at least three references from past local government clients, with information describing the recency and relevancy of the previous performance and experience;  Describe the proposing entity’s capacity to perform as well as resumes of all employees who will or may be assigned to provide technical assistance if your firm is awarded this management services contract, identifying current employees and proposed hires; and  A statement substantiating the resources of the proposing entity and the ability to carry out the scope of work requested within the proposed timeline. III. Proposed Cost of Services - Please provide your cost proposal to accomplish the scope of work by activity (Infrastructure) outlined above and for any additional services required using the Cost of Services page(s) included in Exhibit C: Required RFP Forms. The final grant amount is yet to be determined; therefore, vendors should propose pricing based on the potential funding amounts provided. The local government will consider dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. As such, proposers may specify any maximum limit to the total dollar value of grant funds they are able and willing to manage. Firms may submit proposals for any or all activities. Preference will be given to firm fixed pricing. The proposal must include all costs that are necessary to successfully complete these activities. Please note that the lowest/best bid will not be used as the sole basis for entering into this contract; rather, award will be made to the firm(s) providing the best value to the County, cost and other factors considered. Profit (either % / actual cost) must be identified and negotiated as a separate element of the price of the contract. To comply, the respondent must disclose and certify in its proposal the percentage of profit being used. “Cost plus percentage of cost” type proposals are prohibited. IV. Evaluation Criteria - The proposal received will be evaluated and ranked according to the following criteria and using the rating sheet enclosed as Exhibit B: Criteria Maximum Points Experience 30 Work Performance 30 Capacity to Perform 20 Proposed Cost 20 Total 100 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 22 of 59 V. Submission Requirements Each proposal submitted in response to this RFP must be organized to correspond with those numbered sections of this RFP that require a response. Failure to arrange the proposal as requested may result in the disqualification of the proposal. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive, and will result in disqualification. The response must be complete. Failure to provide the required information may result in the disqualification of the proposal. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. The County requests that proposal submissions NOT be bound by staples or glued spines.  Transmittal Letter The Offeror must submit a transmittal letter that identifies the entity submitting the proposal, and includes a commitment by that entity to provide the services required by the County. The transmittal letter must be signed by a person legally authorized to bind the Offeror to the representations in the response. In the case of a joint proposal, each party must sign the transmittal letter. The Offeror also must indicate, in its transmittal letter, why it believes that it is the most qualified Offeror to provide the services described in this RFP. The transmittal letter must include a statement of acceptance of the terms and conditions of the contract resulting from this RFP. If Offeror takes exception to any of the proposed terms and conditions stated in this RFP, those exceptions must be noted in the transmittal letter. However, Offeror must realize that failure to accept the terms specified in this proposal may result in disqualification of the proposal.  Executive Summary The Offeror must provide an executive summary of its proposal that asserts that the Offeror is providing in its response all of the requirements of this RFP. The executive summary must not exceed three (3) pages, and must represent a full and concise summary of the contents of the proposal. The executive summary must not include any information concerning the cost of the proposal. The Offeror must identify any services that are provided beyond those specifically requested. If the Offeror is providing services that do not meet the specific requirements of this RFP, but in the opinion of the Offeror are equivalent or superior to those specifically requested, any such differences must be noted in the executive summary. However, the Offeror must realize that failure to provide the services specifically required may result in disqualification of the proposal.  Table of Contents Each proposal must be submitted with a table of contents that clearly identifies and denotes the location of each title and subtitle of the proposal. Additionally, the table of contents must clearly identify and denote the location of all enclosures of the proposal. The table of contents must follow the RFP’s structure as much as is practical.  Offeror Identifying Information Offerors must provide the following identifying information: a. Name and address of business entity submitting the proposal; b. Type of business entity (i.e., corporation, partnership); (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 23 of 59 c. Place of incorporation, if applicable; d. Name and location of major offices and other facilities that relate to the Offeror’s performance under the terms of this RFP; e. Name, address, business and fax number of the Offeror’s principal contact person regarding all contractual matters relating to this RFP; f. The Offeror’s Federal Employer Identification Number, Jefferson County Vendor Number and Jefferson County Business License Number, if any; g. Full name and address for each member, partner, and employee of the Offeror (and any subcontractors) who will perform service’s on this project; and h. A statement regarding the financial stability of the Offeror, including the ability of the Offeror to perform the functions required by this RFP and to provide those services represented by the Offeror in its response.  Confidential/Proprietary Information If any material in the proposal submission is considered by Offeror to be confidential or proprietary information (including manufacturing and/or design processes exclusive to the Offeror), Offeror must clearly mark the applicable pages of Offeror’s proposal submission to indicate each claim of confidentiality. Additionally, Offeror must include a statement on company letterhead identifying all Proposal section(s) and page(s) that have been marked as confidential. Jefferson County will protect from public disclosure such portions of a proposal, unless directed otherwise by legal authority, including existing open records acts. Merely making a blanket claim that the entire proposal submission is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire proposal submission subject to release under the Texas Public Information Act. By submitting a proposal, Offeror agrees to reproduction by Jefferson County, without cost or liability, of any copyrighted portions of Offeror’s proposal submission or other information submitted by Offeror.  A statement of conflicts of interest (if any) the proposing entity or key employees may have regarding these services, and a plan for mitigating the conflict(s). Please note that the County may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable.  System for Award Management. Consultant/Firm, and its Principals, may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the company as well as the company’s principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a print out of the search results that includes the record date.  Form CIQ, enclosed in Exhibit C. Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local government entity disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFP and must be submitted with the response. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 24 of 59  Certification Regarding Lobbying, enclosed in Exhibit C. Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFP and must be submitted with the response.  Form 1295, enclosed in Exhibit C. Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Commissioners Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code § 2252.908. Form 1295 must be completed by awarded vendor at time of signed contract submission. Form 1295 is included in this RFP for your information.  Required Contract Provisions. Applicable provisions enclosed in Exhibit D must be included in all contracts executed as a result of this RFP.  Additional Forms to be completed and submitted with RFP response: Non-Disclosure Agreement Vendor References Signature Page Good Faith Effort (HUB Solicitation) Notice of Intent (NOI) to Subcontract with HUB HUB Subcontracting Participation Declaration Residence Certification / Tax Bid Affidavit VI. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. Small and minority businesses, women's business enterprises, and labor surplus area firms are encouraged to participate in this RFP. If the awarded vendor is a prime contractor and may use subcontractors, the following affirmative steps are required of the prime contractor: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. VII. Deadline for Submission – Proposals must be received no later than 11:00 am CDT, Tuesday, August 14, 2018. It is the responsibility of the submitting entity to ensure that the proposal is received in a timely manner. Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting firm. Any questions or requests for clarification must be submitted in writing to Jamey West, Assistant Purchasing Agent at jwest@co.jefferson.tx.us least 3 business days prior to the deadline. The County may, if appropriate, circulate the question and answer to all firms submitted proposals. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 25 of 59 EXHIBIT A SCOPE OF WORK The Contractor shall provide the following scope of services: (choose contracted services) SCOPE OF SERVICES REQUESTED Providers will help the GLO fulfill State and Federal Community Development Block Grant Disaster Recovery (“CDBG-DR”) statutory responsibilities related to recovery in connection with any federally declared disaster. Providers will assist the GLO and/or grant recipients in completion of CDBG-DR qualified infrastructure projects. Respondents may be qualified to provide Grant Administration services for infrastructure project (s). Grant administrative services must be performed in compliance with the U.S. Department of Housing and Urban Development (“HUD”) and guidelines issued by the GLO. DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS Respondent must be able to perform the tasks listed herein to be considered eligible for an award under this Solicitation. Respondents should provide a detailed narrative of their experience as it relates to each of the items below. Respondents should clearly indicate if they intend to provide services in-house with existing staff or through subcontracting or partnership arrangements. Grant Administration Services will be provided in conformance with the guidance documents and use forms provided by the sub-recipient utilizing GLO guidance. The providers shall furnish pre-funding and post-funding grant administrative services to complete the disaster recovery projects, including, but not limited to the following: Pre-Funding Services Grant Administrator will develop project scope and complete CDBG-DR application. The provider will work with the sub-recipient and Engineering, if applicable, to provide the concise information needed for submission of complete disaster recovery funding application and related documents. The required information shall be submitted in a format to be described by the GLO. Post-Funding Services Grant Administrator will administer and complete infrastructure projects approved for disaster recovery funding. The selected administrative firm must follow all requirements of the Texas CDBG Disaster Recovery program. Grant Administration Services – General a) Administrative Duties: i. Coordinate, as necessary, between sub-recipient and any other appropriate service providers (i.e. Engineer, Environmental, etc.), contractor, subcontractor and GLO to effectuate the services requested. ii. May assist in public hearings. iii. Will work with GLO’s system of record. iv. Provide monthly project status updates. v. Funding release will be based on deliverables identified in the contract. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 26 of 59 vi. Labor and procurement duties: a. Provide all Labor Standards Officer (LSO) Services. b.Ensure compliance with all relevant labor standards regulations. c. Ensure compliance with procurement regulations and policies. d.Maintain document files to support compliance. vii. Financial duties: a. Prepare and submit all required reports (Financial Interest, etc.). b.Assist sub-recipient with the procurement of audit services. c. Assist sub-recipient in establishing and maintaining a bank account for disaster recovery funds. d.Implementation and coordination of Section 504 requirements. e. Program compliance. f. Ensure that fraud prevention and abuse practices are in place and being implemented. g.Prepare and submit all closeout documents. h. Submit all invoices no later than 60 days after the expiration of the contract. All outstanding funds may be swept after 60 days. The provider may request an extension of this requirement in writing. i. Assist in preparation of contract revisions and supporting documents including but not limited to:  Amendments/modifications,  Change orders. b) Construction Management i. The provider will assist the sub-recipient in submitting/setting up project applications in the GLO’s system of record. ii. The provider may compile and collate complete contract/bid packages that meet GLO program requirements. The packages will contain supporting documentation that meets or exceeds the requirements of the GLO’s program. If applications do not have the necessary forms, the provider may assist the sub-recipient by coordinating to acquire the necessary documentation. iii. The provider may monitor, report, and evaluate contractor's performance; notify the sub-recipient if the contractor(s) fails to meet established scheduled milestones. Receive, review, recommend, and process any change orders as appropriate to the individual projects. iv. The provider may assist the sub-recipient with project Activity Draws/Close Out. v. The provider may assist the sub-recipient by submitting all the necessary documentation for draws and to close a project activity in the GLO’s system of record. The provider will compile, review for completeness, and collate complete contract/closeout packages that meet GLO (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 27 of 59 program requirements for draw requests. If applications do not have the necessary forms, the provider may assist the sub-recipient by coordinating to acquire the necessary documentation. vi. The provider may assist the sub-recipient in developing Architectural and Engineering plans with guidance from the GLO. vii. Reassignment scope alignment (if necessary). Grant Administration Services – Infrastructure a) Administrative Duties: i. Ensure program compliance including all CDBG-DR requirements and all part’s therein, current Federal Register, etc. ii. Assist sub-recipient in establishing and maintaining financial processes. iii. Obtain and maintain copies of the sub-recipient’s most current contract including all related change requests, revisions and attachments. iv. Establish and maintain record keeping systems. v. Assist sub-recipient with resolving monitoring and audit findings. vi. Serve as monitoring liaison. vii. Assist sub-recipient with resolving third party claims. viii. Report suspected fraud to the GLO. ix. Submit timely responses to the GLO requests for additional information. x. Complete draw request forms and supporting documents. xi. Facilitate outreach efforts, application intake, and eligibility review. xii. Perform any other administrative duty required to deliver the project. xiii. Utilize and assist with GLO’s system of record to complete milestones, submit documentation, reports, draws, change requests, etc. xiv. Submit change requests and all required documentation related to any change requests. b) Acquisition Duties: i. Submit acquisition reports and related documents. ii. Establish acquisition files (if necessary). iii. Complete acquisition activities (if necessary). c) Environmental Services i. Assist detailed scope of services a. Review each Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact Statements; (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 28 of 59 b.Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings; c. Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance; d.Be able to perform or contract special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural reviews, Phase I & II ESAs, USACE permits, etc.; e. Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during public comment period; f. Maintain close coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization; g.Complete and submit the environmental review into GLO’s system of record; h.At least one site visit to project location and completion of a field observation report i. Prepare and submit for publication all public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds floodplain/wetland early and final notices in required order and sequence; j. Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43; k.Process environmental review and clearance in accordance with NEPA; l. Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required; m. Prepare and submit Monthly Status Report; and n.Participate in regularly scheduled progress meetings. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 29 of 59 Exhibit B Administration/Professional Services Rating Sheet Grant Recipient CDBG-DR Name of Respondent Date of Rating Evaluator's Name Experience -- Rate the Respondent of the Request For Proposal (RFP) by awarding points up to the maximum listed for each factor. Information necessary to assess the Respondent on these criteria may be gathered either from past experience with the Respondent and/or by contacting past/current clients of the Respondent. Experience Factors Max.Pts. Score 1. Related Experience / Background with federally funded projects 10 2. Related Experience / Background with specific project type (housing rehabilitation, acquisition of property, coordination with regulatory agency, etc.) 10 5. References from current/past clients 10 Subtotal, Experience 30 Work Performance Factors Max.Pts. Score 1. Submits requests to client/GLO in a timely manner 5 2. Responds to client/GLO requests in a timely manner 5 3. Past client/GLO projects completed on schedule 5 4. Work product is consistently of high quality with low level of errors 5 5. Past client/GLO projects have low level of monitoring findings/concerns 5 6. Manages projects within budgetary constraints 5 Subtotal, Performance 30 Capacity to Perform Factors Max.Pts. Score 1. Qualifications of Professional Administrators / Experience of Staff 5 2. Present and Projected Workloads 5 3. Quality of Proposal/Work Plan 5 4. Demonstrated understanding of scope of the CDBG-DR Project 5 Subtotal, Capacity to Perform 20 Proposed Cost Factors Max.Pts. Score Proposed cost is in line with independent estimate and compared with all cost proposals received 20 20 TOTAL SCORE Factors Max.Pts. Score  Experience 30  Work Performance 30  Capacity to Perform 20  Proposed Cost 20 Total Score 100 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 30 of 59 Exhibit C: Required RFP Forms (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 31 of 59 Cost of Services: Infrastructure Please indicate No Cost Proposal if your firm is not proposing for the services specified on this Cost of Services page. Maximum amount of grant funds firm is able and/or willing to manage: $_____________________ INFRASTRUCTURE Potential Grant Award Amount Cost of Services (maximum) % of Profit $1 million $10 million $50 million $100 million Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 32 of 59 Insert System for Award Management (SAM) record search for company name and company principal. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 33 of 59 Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 34 of 59 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (a) 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. (b) 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. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. § 3801 et seq., apply to this certification and disclosure, if any. _____________________________________ Signature of Contractor’s Authorized Official ________________________________________________ Printed Name and Title of Contractor’s Authorized Official _____________________________________ Date Offeror Must Complete and Return This Page With Offer (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 35 of 69 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 36 of 59 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee 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 agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for 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. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up 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. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Sub-awardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level 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; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included 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) Enter the 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 (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 37 of 59 Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) Type of Federal Action: a. contract ____ b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance Status of Federal Action: a. bid/offer/application _____ b. initial award c. post-award Report Type: a. initial filing _____ b. material change Name and Address of Reporting Entity: ____ Prime _____ Sub-awardee Tier______, if Known: Congressional District, if known: If Reporting Entity in No. 4 is Sub-awardee, Enter Name and Address of Prime: Congressional District, if known: Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: __________________ Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: __________________________________ Print Name: _____ Title: _____ Telephone No.: ____________ Date: _______ Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 38 of 59 (To be completed by awarded vendor) (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 39 of 59 Non-Disclosure Agreement In consideration of Jefferson County retaining the services of a consultant and because of the sensitivity of certain information which may come under the care and control of Consultant, both parties agree that all information regarding the County or any selected County agency subject to this Contract; or gathered, produced, or derived from this project (Confidential Information) must remain confidential subject to release only by permission of the County, and more specifically agree as follows: Media releases pertaining to this RFP and/or any resulting contract, or the services to which they relate, will not be made without the prior written consent of the County, and then only in accordance with explicit written instructions from the County. The disclosure of the contents of proposals prior to the award of a contract under this RFP, or any other violation of this section, may result in disqualification. 1. The Information may be used by Consultant only to assist Consultant in connection with its engagement with the County. 2. Consultant will not, at any time, use the Information in any fashion, form, or manner except in its capacity as independent consultant to the County. 3. Consultant agrees to maintain the confidentiality of any and all deliverables resulting from this Contract in the same manner that it protects the confidentiality of its own proprietary products of like kind. 4. The Information may not be copied or reproduced without the County’s written consent. 5. All materials made available to Consultant, including copies thereof, must be returned to County upon the first to occur of; (a) completion of the project, or (b) request by the County. 6. The foregoing must not prohibit or limit Consultant use of the information (including, but not limited to, ideas, concepts, know-how, techniques and methodologies) (a) previously known to it, (b) independently developed by it, (c) acquired by it from a third party, or (d) which is or becomes part of the public domain through no breach to Consultant of this agreement. 7. This agreement shall become effective as of the date Information is first made available to Consultant and must survive the contract and be a continuing requirement. 8. The breach of this Nondisclosure Agreement by Consultant shall entitle the County to immediately terminate the Agreement upon written notice to Contractor for such breach. The parties acknowledge that the measure of damages in the event of a breach of this Nondisclosure Agreement may be difficult or impossible to calculate, depending on the nature of the breach. Regardless of whether the County elects to terminate the Agreement upon the breach hereof, the County may require Consultant to pay to the County the sum of $1,000 for each breach as liquidated damages. This amount is not intended to be in the nature of a penalty, but is intended to be a reasonable estimate of the amount of damages to the County in the event of a breach hereof by Consultant. Comptroller does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of this Agreement. [Printed Name of Consultant] By: _____________________________________ Title: ___________________________________ Date: ___________________________________ Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 40 of 59 Vendor References Please list at least three (3) companies or governmental agencies (preferably a municipality) where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR OFFER. REFERENCE ONE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: REFERENCE TWO Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: REFERENCE THREE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: Offeror Must Complete and Return This Page With Offer. (RFP 18-031/JW), Grant Administration and Management Services (Infrastructure) for CDBG Disaster Recovery Program for Jefferson County Page 41 of 59 Signature Page As permitted under Article 4413 (32c) V.A.C.S., other governmental entities may wish to participate under the same terms and conditions contained in this contract (i.e., piggyback). In the event any other entity participates, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. Jefferson County shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by another entity. Each entity reserves the right to determine their participation in this contract. Would Offeror be willing to allow other governmental entities to piggyback off this contract, if awarded, under the same terms and conditions? ..................................................