Attachment #2Respondent Qualifications Statement

In submitting this Statement, Respondent certifies that it is true and accurate to the best knowledge of the signor. Respondent also certifies that CareerSource NCFL is authorized to examine:

● Certifications and Assurances described in Attachment 3,

● Insurance Certification described in Attachment 4, and

● Administrative and fiscal systems for compliance with criteria described in Attachment 5.

It is understood that CareerSource NCFL reserves the right to request additional information regarding administrative, financial, and legal status.

I certify that I am authorized to submit this Statement on behalf of the Respondent named in this ITN. If any information changes significantly, I will notify CareerSource NCFL on a timely basis. I certify that the contents of this Statement are true, complete, and correct.

Signature: _______________________________ Date: _______________

Printed Name: __________________________ Title: _________________________

Address: ______________________________________________________________

List the name, title, and telephone number of the individual (s) authorized (if different than the signatory above) to sign responses and contracts on behalf of the Respondent. (Provide addresses, if different than address listed above).

1. LEGAL STATUS

*☐ Private For-Profit Corporation (Date of Incorporation/State) _____________________________

*Private Not-For Profit Corporation (Date of Incorporation/State) _____________________________☐ Public Agency☐ Sole Proprietorship☐ Partnership☐ Other, Specify ☐ ___________________________________

*Attach a copy of your certificate of corporation, articles of incorporation or other proof of legal authority to contract.

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2. ORGANIZATIONAL FINANCIAL INFORMATION

IRS Tax Identification NumberIRS Classification for Tax Exemption (if identified as non-profit above)

Workers Compensation Insurance Number

3. DISCLOSURES (Any ‘Yes’ answers must be fully detailed)

Respondents are required to state whether they have:

● Had a contract or memorandum of understanding terminated for cause?

Yes☐ No☐

● Had a contract non-renewed for any reasons pertaining to the delivery, timeliness, and/or quality of

services being proposed?

Yes☐ No☐

● Been sanctioned/debarred by any governmental (legal, regulatory, and/or oversight) agency?

Yes☐ No☐

● Had any costs determined unallowable by funding sources, audit or monitoring within the past 5

years?

Yes☐ No☐

If so, describe the cost and explain how was it resolved? Include grantor, date of disallowance, amount, and date paid.

● Been the subject of a legal action pertaining to or similar in nature to the provision and/or supervision

of the services being proposed?

Yes☐ No☐

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● Currently involved in any legal action pertaining to or similar in nature to the provision and/or

supervision of the services being proposed?

Yes☐ No☐

● Aware of any penalties, sanctions and/or other remedial activity that could materially hinder the

provision and/or supervision of the services being proposed?

Yes☐ No☐

● Aware of any pending staff reductions that could materially hinder the provision and/or supervision of

the services being proposed?

Yes☐ No☐

[The remainder of this page is intentionally blank]

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Attachment #3Assurances and Certifications

In order to be considered for a contract award, the Respondent (potentially and subsequently, a “Contractor”) must, by its signature below, accept the Assurances and Certifications contained in this Attachment. Each of these provisions will be contained in any contract awarded as a result of this Invitation to Negotiate. The Contractor understands that the United States, the State of Florida, and/or CareerSource NCFL have the right to seek judicial enforcement of these Certifications & Assurances. In performing its responsibilities, the Respondent hereby certifies and assures that it will fully comply with the following:

1. Assurances – Non-Construction Programs (SF 424 B)2. Debarment and Suspension Certification (29 CFR Part 98)3. Certification Regarding Lobbying (29 CFR Part 93)4. Drug free Workplace Certification (29 CFR Part 98)5. Nondiscrimination & Equal Opportunity Assurance (29 CFR Part 37)6. Clean Air Act of 1970 and Federal Water Pollution Control Act7. Employee Displacement8. Employment of Unauthorized Aliens9. Pro-Children Act10. Child Labor11. Health Insurance Portability and Accountability Act and Patient Protection and Affordable Care Act12. Sarbanes-Oxley Compliance13. Artificial Barriers14. Fundraising or Lobbying Activities15. Unionization16. Gratuity17. Sectarian Activities18. Rights to Inventions Made under Contract or Agreement19. Energy Efficiency20. Contract Work Hours and Safety Standards Act (40 U.S.C. Sec. 327-333)21. Temporary Assistance for Needy Families (45 CFR 98)22. ETA Salary Cap Certification23. The Florida Information Protection Act of 201424. Victims of Trafficking and Violence Protection Act of 2000 (as amended and renamed the William

Wilberforce Trafficking Victims Protection Reauthorization Act), 22 U.S.C. Chapter 7825. Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in

whole or in part by the U.S. Department of Labor (Training and Employment Guidance Letter 10-09)26. Buy American Act (Sections 8301 through 8303 of title 41 of the United States Code)27. Alachua County (FL) Minimum Wage (Ordinance # 16-05)

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1. ASSURANCES – NON-CONSTRUCTION PROGRAMS

The Contractor:

a. Will give the Board, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or Board directives.

b. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of handicaps; (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981 as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ‘794), which prohibits discrimination on the basis of handicaps; (e) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other non-discrimination statute(s) which may apply to the application.

c. Will comply with the provisions of the Hatch Act (U.S.C. 1501-1508 and 7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

d. Will comply, as applicable, with the provisions of the Davis-Bacon Act as amended (40 U.S.C. 276a to 276a-7) and as supplemented by Department of Labor (DOL) regulations 29 CFR part 5, the Copeland Anti-Kickback Act (40 U.S.C. 276c and 18 U.S.C. 874) as supplemented by DOL regulations (29 CFR. part 3), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) as supplemented by DOL regulations 29 CFR part 5, regarding labor standards for federally assisted construction sub-agreements.

e. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State

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management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).

f. The Contractor agrees that it shall comply with applicable Office of Management and Budget (“OMB”) Circulars, such as A-21, A-87, A-102, and A-110. The Contractor further agrees that it will cause to be performed the required financial and compliance audits in accordance with the single Audit Act Amendments of 1996 and OMB Circular No. A-133, “Audits of States, Local Governments, and Non-Profit Organizations.”

g. Will comply with the Energy Policy and Conservation Act of 2005 (P.L. 109-58) which is to ensure jobs for our future with secure, affordable, and reliable energy, and the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.) which applies to federal service contracts and federal and federally assisted construction contracts over $100,000, and requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. This Act also prohibits unsanitary, hazardous, or dangerous working conditions on federal and federally financed and assisted construction projects.

h. Will comply with all applicable requirements of all other Federal laws, executive order, regulations and policies governing this program.

2. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION

a. When applicable, as required by the regulation implementing EO No. 12549 and 12689, Debarment and Suspension, 29 CFR 98, the Contractor must not be presently nor previously within a three-year period preceding the effective date of the Contract, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. No contract shall be awarded to parties listed on the General Services Administration (GSA) List of Parties Excluded from Federal Procurement or Non-Procurement Programs. The Contractor will provide a completed Certification Regarding Debarment, Suspension, and other Responsibility Matters.

b. The Contractor certifies to the best of its knowledge and belief, that it and its principals:

1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by and Federal department or agency;2) Have not within a three-year period preceding this Contract been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,

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forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in the previous paragraph of this certification; and,4) Have not within a three-year period preceding this Contract had one or more public transactions (Federal, State, or local) terminated for cause or default.

3. CERTIFICATION REGARDING LOBBYING

The Contractor certifies, to the best of its knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence 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 contract, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative contract.

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 employees of Congress, or employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative contract, the undersigned shall complete and submit Standard Form – LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

c. Contractor certifies, to the best of its knowledge and belief, that no Contract funds will be used, by or on behalf of Contractor, for endorsing, influencing or attempting to influence a declared candidate, elected officer, or employee of the State of Florida, Alachua County, Florida, Bradford County, Florida, and any city or municipal governments within these Counties.

d. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certification is a prerequisite for making or entering into this Contract imposed by the Byrd Anti-Lobbying Act (Section 1352, Title 31, U.S.C.). Any person or organization that fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS.

Pursuant to the Drug-Free Workplace Act of 1988 and its implementing regulations codified at 29 CFR 98, Subpart F. the Contractor attests and certifies that it will provide a drug-free workplace by the following actions.

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a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.

b. Establishing an ongoing drug-free awareness program to inform employees concerning: 1) The dangers of drug abuse in the workplace.2) The policy of maintaining a drug-free workplace.3) Any available drug counseling, rehabilitation and employee assistance programs.4) The penalties that may be imposed upon employees for drug abuse violations occurring in the

workplace.c. Making it a requirement that each employee to be engaged in the performance of the Contract be given a

copy of the statement required by paragraph a.

d. Notify the employee in the statement required by paragraph 1 that, as a condition of employment under the Contract, the employee will:

1) Abide by the terms of the statement, and2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute

occurring in the workplace no later than five (5) calendar days after such conviction.3) Notify the agency in writing ten (10) calendar days after receiving notice under subparagraph

4.b. from an employee or otherwise receiving actual notice of such conviction. Contractor will provide such notice of convicted employees, including position title, to the Board’s Administrative Entity on whose activity the convicted employee was working. The notice shall include the identification number(s) of each affected contract/Grant.

4) Take one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4.b., with respect to any employee who is so convicted.

e. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended.

f. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement or other appropriate agency.

g. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this entire certification.

5. NONDISCRIMINATION & EQUAL OPPORTUNITY ASSURANCES:

The term “Contractor” shall be defined as the Contractor and all of Contractor’s subcontractors, agents, officer, and employees. The Contractor shall insert all provisions of these Assurances in agreements with its subcontractors. Breach of one or more of these assurances shall be regarded a material breach of the Contract and cause for termination. As a condition to the Contract, the Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

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a. The Contractor agrees that it shall comply with Executive Order (EO) No. 11246, Equal Employment Opportunity, as amended by EO No. 11375, and as supplemented in Department of Labor regulation 29 CFR parts 33 and 37 as well as 41 CFR, part 60 and 45 CFR part 80 if applicable.

b. Section 188 of the Workforce Investment Act of 1998 (WIA) which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity;

c. The Contractor agrees to comply with current versions of Public Law 97-300, Title VI and VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin, Age Discrimination Act of 1975 as amended, which prohibits discrimination on the basis of age, Section 504 of the Rehabilitation Act of 1973 as amended by the Americans with Disabilities Act of 1990, Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs, the Florida's Human Rights Act of 1977, and 29 CFR Part 31, and the Americans with Disabilities Act of 1990, P.L. 101-336, which prohibits discrimination on the basis of disability and requires reasonable accommodations for persons with disabilities.

d. The Contractor further agrees that no individual, on the grounds of race, creed, color, disability, national origin, sex, age, political affiliation or marital status shall be excluded from participation in, denied benefits of, or otherwise be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Contract.

e. The Contractor further agrees that participation in programs and activities shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees and parolees, and other individuals authorized by the Attorney General to work in the United States.  The Contractor will comply with the State of Florida's affirmative action requirements and will maintain an in-force and up-to-date Affirmative Action Plan, which by reference is considered to be and made a part of this Contract.  Contractor will maintain and provide a current copy of said plan to the AE, per execution of this Contract.

f. The Contractor will assure that all programs and activities conducted under this Contract are accessible to the disabled.  Where the physical facilities are not accessible, an alternate plan for accessing the program or activity must be developed, be prior approved by the Board or the AE, and retained on file by the Contractor.

g. The Contractor will make provisions for the limited English speaking, vision and sensory impaired.  These provisions include having a plan to provide, when necessary, interpreters and sign language assistance, assuring adequate staff or other sources are available to adequately communicate with non-English speaking applicants.

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h. No person with responsibilities for the operation of any programs and activities under this Contract will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliations or beliefs, disability or due to participation in this program.

i. The Contractor will not discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, creed, color, national origin, sex, age, political affiliations or beliefs, disability or due to participation in this program. 

j. The Contractor agrees to furnish the AE with employment data and such other information as the Board may require regarding the Contractor's hiring practices in conjunction with this Contract, within ten (10) working days of any request for such information.

k. The Contractor will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the Contractor’s operation of the WIA Title I – financially assisted program or activity, and to all contracts the Contractor’s makes to carry out the WIA Title I – financially assisted program or activity. The Contractor understands that the Board, the Agency for Workforce Innovation, the State of Florida, and the United States has the right to seek judicial enforcement of these assurances.

l. The Contractor will comply with The American with Disabilities Act of 1990, P.L. 101-336, which prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It also applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities and requires reasonable accommodation for persons with disabilities.

6. CLEAN AIR ACT OF 1970 AND FEDERAL WATER POLLUTION CONTROL ACT

When applicable, if this Contract is in excess of $100,000, the Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act as amended (42 U.S.C. 7401), Section 508 of the Clean Water Act as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The Contractor shall report any violation of the above to the AE.

a. No employee of Contractor shall be displaced by any program or activity participant.  This includes partial displacement such as a reduction in the hours of non-overtime work, welfare transition or employment benefits.  No participant shall be employed or job opening filled (1) when any other individual is on layoff from the same or any substantially equivalent job, or (2) when the Contractor has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a participant whose Welfare Transition is subsidized under the WIA and WTP.  No jobs shall be created in a promotional line that will infringe, in any way, upon the promotional opportunities of currently employed individuals.

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b. No employee of Contractor paid under any other contract with the Board shall be transferred to be paid under the Contract without the original position being re-filled prior to such a transfer taking place. No staff positions under the Contract will replace any staff position being paid for by any other contract with the Board. Staff paid under other contracts with the Board may perform the Services under the Contract as part of an in-kind contribution from formula funding, however, such staff cannot be paid from funds reimbursed under the Contract.

7. EMPLOYMENT OF UNAUTHORIZED ALIENS

The Contractor shall not employ an unauthorized alien. The employment of unauthorized aliens is a violation of the Immigration and Nationality Act (8 USC 1324 a) and the Immigration Reform and Control Act of 1986 (8 USC 1101). Such violation shall be cause for unilateral cancellation of the Contract by the Board as specified in the Contract.

8. PRO-CHILDREN ACT

If the Contract contains federal funds and the Contractor provides Services to children up to age 18, the Contractor shall comply with the Pro-Children Act of 1994 (20 USC 6081). The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon the Contractor and its employees.

9. CHILD LABOR

The Contractor and any of its subcontractors shall comply with applicable Federal, State, and local child labor laws.

10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT AND THE PATIENT PROTECTION AND AFFORDABLE CARE ACT

a. If and as applicable, the Contractor shall comply with the Health Insurance Portability and Accountability Act (42 USC 1320d.), and all regulations promulgated thereunder (45 CFR 160, 162, and 164).

b. If and as applicable, the Contractor shall comply with the Patient Protection and Affordable Care Act (Public Law 111-148) and all regulations promulgated thereunder.

11. SARBANES-OXLEY COMPLIANCE

To the extent applicable to Contractor, Contractor agrees that it shall fully comply with all provisions of the Sarbanes-Oxley Act of 2002 (Pub. L. 107-204, 116 Stat. 745), and any amendments thereto, including without limitation the provisions related to document destruction and whistleblower protection. Contractor shall indemnify and hold the Board harmless from any and all violations or incidents pertaining to any non-compliance therewith.

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12. ARTIFICIAL BARRIERS

The Contractor shall contribute, to the maximum extent feasible, to the elimination of artificial barriers to employment and occupational advancement as cited in the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and Section 188 of the Workforce Investment Act of 1998.

13. FUNDRAISING OR LOBBYING ACTIVITIES

The Contractor certifies that no funds made available under the Workforce Funded Programs shall be used in any way for lobbying or fundraising activities. The Contractor agrees to comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. Sec. 1352). Contractors who apply or bid for an award of $100,000 or more shall file the certification required in the act. 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. Sec. 1352. Each tier shall 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 recipient.

14. UNIONIZATION

No funds made available under the Workforce Funded Programs shall be used in any way to either promote or oppose unionization.

15. GRATUITY

No officer, employee or agent of the Contractor shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential subcontractors and/or their respective clients with regard to this Contract.

16. SECTARIAN ACTIVITIES

Participants in the Services provided under this Contract will not be employed in the construction, operation, or maintenance of any facility that is used for Sectarian instruction or worship.

17. RIGHTS TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT

Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

18. ENERGY EFFICIENCY

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The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State of Florida’s Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. SEC. 327-333)

Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sec. 327- 333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to 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 11/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

20. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

To the extent applicable to the Services provided by the Contractor, Contractor shall comply with 45 CFR 98, parts 67 and 260 through 265.

21. ETA SALARY CAP ANALYSIS - CERTIFICATION FORM

No later than April 15, 2019 within the Initial Term of the Contract and no later than April 15 th of any Renewal Term specified in a renewal amendment approved and executed by the Contractor and the Board, Contractor shall complete, sign, and deliver to the AE, a current ETA Salary Cap Analysis - Certification Form. The failure of Contractor to timely submit a current and completed Certification Form will be considered a material breach of the Contract.

22. THE FLORIDA INFORMATION PROTECTION ACT OF 2014 (Section 501.171 F.S)

An act:Relating to security of confidential personal information; Relating to breach of security; Relating to confidential personal information in third-party possession; Requiring specified entities to take reasonable measures to protect and secure data containing personal information in electronic form;

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Requiring specified entities, including third-party agents and governmental entities, to notify the Department of Legal Affairs of data security breaches; Requiring notice to individuals of data security breaches under certain circumstances; Providing exceptions to notice requirements under certain circumstances; Specifying contents and methods of notice;Requiring notice to credit reporting agencies under certain circumstances; Requiring the department to report annually to the Legislature; Specifying report requirements; Providing requirements for disposal of customer records; Providing for enforcement actions by the department; Providing civil penalties; andSpecifying that no private cause of action is created.

23. VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000 (AS AMENDED AND RENAMED THE WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT), 22 U.S.C. Chapter 78: The purposes of this law are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. 24. PRIORITY OF SERVICE FOR VETERANS AND ELIGIBLE SPOUSES IN ALL QUALIFIED JOB TRAINING PROGRAMS FUNDED IN WHOLE OR IN PART BY THE U.S. DEPARTMENT OF LABOR (Training and Employment Guidance Letter 10-09): Recipients (and subrecipients) of U.S. Department of Labor funds for qualified job training programs are subject to the priority of service regulations and are required by law to provide priority of service to veterans and eligible spouses.

25. BUY AMERICAN ACT If any equipment or product that may be authorized to be purchased with financial assistance provided using funds available under title I or II of WIOA or under the Wagner-Peyser Act (29 U.S.C. Section 49, et. seq.), Contractor certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the “Buy American Act.”) and as referenced in WIOA Section 502 and 20 and CFR 683.200(f). It is the sense of the United States Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

26. ALACHUA COUNTY (FL) MINIMUM WAGE (Ordinance # 16-05)

Contractor shall comply with the intent and purpose of this Ordinance, which establishes a minimum wage requirement for contractors and subcontractors providing selected services specified in this Ordinance. The requirements of this Ordinance shall also apply in Bradford County, Florida.

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Acceptance of Assurances and Certifications:

______________________________________________________________________Name and Title of Authorized Representative

_____________________________________________________________________Signature

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Attachment #4Insurance Requirements

At a minimum, the contract will require that any Contracted Respondent procure and maintain in force the following insurance from companies rated "A" or better by Best's Key Rating Guide and licensed in the State of Florida. Workers’ Compensation and Employer’s Liability Insurance, in accordance with Florida law, with limits of not less than:

Bodily Injury by Accident as required by State lawBodily Injury by Disease as required by State law for each employeePolicy Limit as required by State law

Commercial General Liability Insurance including coverage for bodily injury, property damage, personal injury, and contractual liability for the following minimum limits of liability:

General Aggregate Limit $2,000,000

Personal and Advertising Injury Limits

Each Occurrence Limit

$1,000,000

$1,000,000

Professional Liability Insurance, including coverage for wrongful acts, errors and/or omissions with the following minimum limits of liability:

General Aggregate Limit $2,000,000

Each Occurrence Limit $1,000,000

If applicable, Comprehensive Automobile Liability Insurance, including coverage of all owned, hired, or non-owned vehicles with the following limits of liability:

Bodily Injury and Property Damage/ Combined Single Limit

$1,000,000

Each Occurrence $1,000,000

The Board and its individual membership acting solely in their individual capacities as members of the Board, will be named as additional insureds for any Contracted Respondent’s Commercial General Liability, Professional Liability, and Comprehensive Automobile Liability insurance and will be granted a waiver of subrogation on the Commercial General Liability insurance. Within thirty (30) calendar days after the effective date of the contract, any Contracted Respondent will provide the Board with certificates of insurance evidencing any Contracted Respondent’s compliance with the foregoing obligations. Immediately upon the expiration of

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any insurance evidenced by such certificate, any Contracted Respondent will provide the Board a certificate of insurance evidencing renewal thereof. Any Contracted Respondent will provide the Board, or arrange to have the Board provided, at least thirty (30) calendar days prior written notice of the cancellation or material alteration of any insurance required by this Attachment. In no instance shall the provisions for insurance be deemed to be a release, limitation, or waiver of any claim or assessment that the Board may have against any Contracted Respondent for any liability of any nature related to performance under the contract and any amendments thereto.

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Attachment #5Response Evaluation

Respondent: Services/County: Evaluator name: Evaluator signature and date:

Criteria

Maximum Points

Available

Score

1. Clear, concise, relevant, and complete response for the selected Service(s)

25

2. Capacity to provide the Service(s) in the specified County 20

3. Experience providing the Service(s) in the specified County 15

4. Organizational/Management Capability 20

5. Financial Systems and Resources 10

6. Ability to improve current Services or performance 10

Total: 100

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Attachment # 6

ACKNOWLEDGEMENTS AND WAIVERMUST BE SIGNED AND SUBMITTED AS PART OF THE RESPONSE

By submitting a Response to this ITN the undersigned Respondent expressly acknowledges and accepts the following:

1. For purposes of procurement, CareerSource NCFL, as a Local Workforce Development Board, is exempt from Chapters 120 and 287, Florida Statutes, respectively the "Administrative Procedure Act" and “Procurement of Personal Property and Services,” including any procurement which may result from this ITN.

2. CareerSource NCFL’s Standard Operating Procedure: “Grievance and Complaint” is inapplicable in all respects to this ITN.

3. This ITN confers no contingent or vested rights on or on behalf of any Respondent, including the undersigned.

4. The decision of which Respondent, if any, CareerSource NCFL may elect to negotiate with and the decision of whether to enter into any contract with any Respondent as a result of this ITN, will involve review and evaluation of both quantitative and qualitative factors associated with each Respondent’s submission.

5. Any contract or contracts awarded as a result of this ITN will be with the Respondent or Respondents whose submission(s) is/are deemed by CareerSource NCFL to be most advantageous to CareerSource NCFL.

6. The Respondent hereby waives any rights of any kind, including without limitation any constitutional, statutory or common law rights to seek third party review of, or to seek any form of informal, formal, administrative, quasi-judicial, or judicial redress by a third party related to the implementation of this ITN, to any procedure utilized in evaluation of any Responses to this ITN, to CareerSource NCFL’s decision making process associated with this ITN, to any ultimate procurement resulting from or in any way associated with this ITN, to the results of this ITN, or related to any award of any contract which may result from this ITN.

7. Each Respondent will receive written notice advising it of CareerSource NCFL’s decision(s), if any. Non-selected Respondents have the right to file one (1) post-decision inquiry. If a consortium of Respondents submitted the response, only the Respondent authorized to act on behalf of the consortium will be notified and may file one (1) post-decision inquiry on behalf of the entire consortium. To initiate a post-decision inquiry, the Respondent must submit a letter to CareerSource NCFL’s Executive Director within three (3) business days from the date of receipt of CareerSource NCFL’s decision(s), if any. The letter must state that a post-decision inquiry is being filed. Specific reasons for the post-decision inquiry must be based on only one or more of the following: ● Clear and substantial error or misstated facts upon which the decision was made by CareerSource NCFL,● Unfair competition or conflict of interest in the decision-making process,

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● Any illegal or improper act or violation of law, or● Any other legal basis or grounds that may substantially alter CareerSource NCFL’s decision. The letter of post-decision inquiry must be received by CareerSource NCFL at the following address via a verifiable delivery service that requires signature upon receipt:

CareerSource NCFL - ITN # BS-01-24-19/Post-Decision Inquiryc/o Executive Director

Alachua/Bradford Regional Workforce Board d/b/a CareerSource NCFL2153 SE Hawthorne Road

Suite 201Gainesville, FL 326401

Letters of post-decision inquiry cannot be submitted via facsimile or electronic mail. An authorized representative of the appellant must sign the letter of post-decision inquiry. CareerSource NCFL’s legal counsel will review the post-decision inquiry and determine if the post-decision inquiry meets one or more of the above-specified criteria that are a valid basis for the post-decision inquiry. The decision by CareerSource NCFL’s legal counsel will be forwarded to the CareerSource NCFL Executive Committee for final determination of the issue(s) raised by the post-decision inquiry. The Respondent will receive written notice within seven (7) business days from the date its post-decision inquiry is voted upon by CareerSource NCFL’s Executive Committee whether Respondent’s post-decision inquiry has been accepted or rejected. The decision of the CareerSource NCFL Executive Committee is final. No further proceedings may or shall occur. A post-decision inquiry will not delay CareerSource NCFL from conducting contract negotiations with any selected Respondent. 8. The Respondent agrees to indemnify and hold harmless CareerSource NCFL, its individual membership acting in their individual capacities as members of the Board of Directors of CareerSource NCFL, and Florida Management Solutions, Inc. d.b.a. Focused Management Solutions a Public Consulting Group, Inc. Company in its capacity as CareerSource NCFL’s Administrative Entity, from any claim, real or perceived, resulting from this ITN, any subsequent contract, and the proposed activities, or any other activities. The undersigned Respondent further acknowledges and accepts that these Acknowledgments and Waiver are a material inducement to CareerSource North Central Florida in consideration of its review and assessment of this Response to this ITN.

Acceptance: __________________________________________________________________Name and Title of Authorized Representative _____________________________________________________________________

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