Newport Utilities RFP #EMERG2024DRM Final.pdf

EMERGENCY RAPID RESPONSE REQUEST FOR PROPOSALS

DISASTER RECOVERY MANAGEMENT CONSULTING and ADMINISTRATIVE

SERVICES, AND DEBRIS MONITORING SERVICES

RFP #EMERG2024DRM

PURPOSE: Newport Utilities is soliciting on an Emergency Rapid Response request for sealed proposals to provide Disaster Debris Monitoring, Disaster Management, and Recovery

Services including FEMA Public Assistance Administrative Services as required by Newport

Utilities, TN.

A. INSTRUCTIONS TO PROPOSERS:

This is Request for Proposals from firms or companies desiring to provide proposals, as described in the Scope of Work.

Proposals must be submitted to the link below no later than 10:00 am local time on October

7, 2024

Newport Utilities- Bid Opportunities and RFPs | BidNet Direct

(https://www.bidnetdirect.com/tennessee/newportutilities)

To submit a bid, you must register as a vendor on the link above. Below are instructions being how to register as a vendor for free: • Newport Utilities utilizes this procurement system to post all solicitation opportunities.

We welcome all vendors to register to the Tennessee Purchasing Group. There is NO CHARGE to register, simply follow the registration path and select the "Limited" package, select "Tennessee" for your state, enter your information, toggle the advertising option to OFF, and select "Finalize the registration". You will receive notifications of matching solicitations and addenda even when selecting the Free, Limited Access package. To receive notifications from other Purchasing Groups or Statewide notifications, select one of the other registration options. Call the BidNet Support Team at 800-835-4603, option 2 for assistance

• Following the receipt of responses which shall be labeled “RFP #EMERG2024DRM SUBMISSION” due no later than 10:00 am (EST), Monday, October 7, 2024, your proposal will be thoroughly evaluated and awarded thereafter

Any and all questions or requests for information relating to this Request for Proposal shall be submitted on BidNet or before 2:00PM on Thursday October 3, 2024.

Contact Information:

John Johnson

Newport Utilities

170 Cope Blvd, Newport, TN 37821

Email: jjohnson@newportutilities.com

Interested firms may not contact any staff member of Newport Utilities except the above file:///C:/Users/treaves/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FV5A61MD/(https:/www.bidnetdirect.com/tennessee/newportutilities) file:///C:/Users/treaves/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FV5A61MD/(https:/www.bidnetdirect.com/tennessee/newportutilities) referenced individual. All inquiries related to this RFP will be routed to the appropriate staff member for response.

B. TERMS AND CONDITIONS:

1. Newport Utilities reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best serves the interest of the Utility, or to award a contract to the next most qualified proposer if a successful proposer does not execute a contract within 10 days of award or notice to mobilize after the selection by the Utility.

Newport Utilities reserves the right, to cancel a solicitation at any time prior to approval of the award by the Utility.

2. Newport Utilities reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

3. Any proposal may be withdrawn until the date and time set above for the submission of the proposals.

4. Costs of preparation of a response to this request for proposals are solely those of the proposers. Newport Utilities assumes no responsibility for any such costs incurred by the proposer.

The proposer also agrees that Newport Utilities bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

5. The proposer receiving the award will obtain or possess the following insurance coverages and will provide Certificates of Insurance to Newport Utilities to verify such coverage.

a.) Workers' Compensation - The vendor shall provide coverage for its employees with statutory workers' compensation limits, and no less than $1,000,000.00 for Employers'

Liability. Said coverage shall include a waiver of subrogation in favor of Newport Utilities and its agents, employees and officials.

b.) Commercial General Liability - The vendor shall provide coverage for all operations including, but not limited to Contractual, Products and Completed Operations, and Personal

Injury. The limits shall be not less than $1,000,000.00.

c.) Professional Liability (Errors & Omissions) - The vendor shall provide coverage for all claims arising out of the services performed with limits not less than $1,000,000.00 per claim.

The aggregate limit shall either apply separately to this contract or shall be as least twice the required per claim limit.

6. The consulting firm awarded this contract shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion of the contract resulting from this RFP. Newport Utilities shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of the agreement. This information shall be made accessible to the Utility at the awardees place of business for purposes of inspection, reproduction and audit without restriction.

7. It is the intent of Newport Utilities to enter into a contract for a period ending September

30, 2026. The contract may be extended by agreement of both parties.

8. CFR 200 Compliance Language

Procurements: While assisting the Utility with project procurements or in the event the vendor must procure additional resources post- contract award, the awarded proposer will strictly adhere to 2 CFR 200 procurement rules. This includes adhering to the strictest provisions of Federal, State, and Local procurement Rules, Regulations and/or Ordinances, etc.

C. PROPOSAL FORMAT:

Proposers must succinctly respond in the format delineated below. Elaborate, irrelevant, or otherwise unnecessary information will not be considered.

The following information shall be tabbed to identify the required information. Failure to submit this information will render your proposal non-responsive.

1. QUALIFICATIONS OF THE FIRM

Provide a description and history of the firm and professional services capabilities of the firm.

Provide previous project experience with providing Disaster Recovery Consulting Services and

Disaster Debris Monitoring. Only experience as the prime contractor will be considered. Firm qualifications must include, at minimum, the following:

a) Documented knowledge and experience with Federal, State and Local entities with, FEMA Public Administrative Assistance policies and guidelines for Debris Management per

Hurricane Sandy Recovery Act, Debris Monitoring, and Debris Management Planning.

b) Experience representing FEMA eligible applicants, local governments, municipalities or others with various state and federal funding sources and reimbursement processes, including FEMA (Federal Emergency Management Agency), FHWA (Federal

Highway Administration) per Hurricane Sandy Recovery Act.

2. QUALIFICATIONS OF STAFF

Provide key staff resumes, and summary of staff qualifications. Key project staff (management staff including, but not limited to: Project manager, FEMA Program Recovery specialist, Debris

Management specialist, Operations Manager, Supervisor Monitors, Damage Assessments engineers and technicians, Grants management, Data Manager, etc. must be full time employees of the proposing firm and have experience, working for the proposer, in the following:

a.) Experience with FEMA Public Assistance program and Hazard Mitigation, including damage assessments, qualifying eligible projects, preparing FEMA Project Worksheet forms and required submittals documentation, FDEM Audits, Project Closeouts and Request for

Reimbursement.

b.) Disaster Debris Monitoring and Debris Management Planning, documented knowledge and experience of current state and federal programs., funding sources and reimbursement processes.

3. TECHNICAL APPROACH

Provide a description of the Proposer’s approach to the project, to include Pre-Event services, and

Recovery Services including damage assessments validation and emergency costs procedures review and documentation requirements, debris estimates validation and review; Documentation

Management, maintenance of records for preparation and submittal of Disaster Projects, FEMA/State project close out audits, Tracking FEMA reviews through Project Close Out.

Provide Recovery Technical approach to Disaster Debris Monitoring, Mobilization Plan, and

Debris Removal data collection, cost tracking using an Automated Debris Management System.

Newport Utilities requires the selected consulting firm to perform, but not be limited to, the following SCOPE OF WORK:

a.) Debris Removal Monitoring Services:

1. Debris Management Planning and Annual training meeting with Debris Removal

Contractor and Utility at No Charge to Utility.

2. Coordinate daily briefings, work progress, staffing, and other key items with the

Utility.

3. Debris Damage Assessments.

4. Selection and permitting of DMS (Debris Management Site) locations and any other permitting/regulatory issues as necessary.

5. Scheduling work for emergency team members, staff and contractors.

6. Hiring, scheduling, and managing field monitoring staff and or training Newport

Utilities staff for monitoring.

7. Monitoring/Managing recovery contractor operations and making/implementing recommendations to improve efficiency and speed up recovery work.

8. Analysis of Debris Recovery Operations and providing daily status reports.

9. Certifying contractor vehicles and equipment for debris removal using methodology and documentation practices appropriate for contract monitoring.

10. Utilizing Automated Debris Management System Tracking/Enter load tickets into a database application with GPS coordinates per FEMA requirements including photos of loading areas, stockpiles, top of truck load entering DMS and exiting

DMS empty.

11. Mapping of Debris removal locations (ROW to DMS, Leaners, Hangers and

Stumps) per FEMA requirements.

12. Comprehensive review, reconciliation, and validation of debris removal contractor(s) invoices prior to submission to the Utility for processing along with all debris removal reconciliation records.

13. Documenting all leaners, hangers and stumps before, during and after removal per

FEMA requirements.

14. Provide Debris Removal Progress daily reports and mapping of debris removal locations.

b.) FEMA Public Assistance Advisory Services

1. Compliance with the Stafford Disaster Relief and Emergency Assistance Act provisions and regulations (44CFR and 2 CFR 200), and Sandy Recovery

Improvements Act (SRIA) of 2013 including alternative procedures for public assistance and debris removal.

2. Develop a process/system from inception through the project closeout, to prepare and submit to FEMA PA Portal including documentation, procurement compliance with 2 CFR 200, contract reviews, contractor invoices review and approval;

Disaster Payroll and policies and grant submission support. Have knowledge of the

FEMA PA Portal process and Tennessee PA portal systems.

3. Develop processes for obtaining, analyzing and gathering field documentation including, but not limited to, records related to procured goods and services, timekeeping, and force account labor and equipment.

4. Attend all meetings with FEMA, State and insurance representatives, as well as regular participation with the Utility’s designated FEMA workgroup.

5. Identify and communicate risks within our operation that could preclude our ability to optimize reimbursement.

6. Preparation of accurate PA emergency and permanent work project estimates including but not limited to recognized cost estimating, developing detailed damage descriptions and dimensions, scope of work, and proper identification of force account labor and equipment.

c.) Financial, Payroll and Grant Management

a. Ensure disaster recovery and restoration processes comply with laws, regulations and guidelines to maximize reimbursement for eligible disaster expenditures and to minimize timing for reimbursement.

b. Ensure there are no duplications of submission if varying agencies are involved.

c. Guidelines to capture force account labor eligible expenses accurately for timesheets and project cost accounting. Assist in the review of Utility personnel policies to ensure compliance for eligible cost reimbursement.

d. Guidelines to ensure the capture of relevant data related to procured goods and services. Provide oversight of contractor’s billing to ensure all costs eligible for disaster grant funding are documented and claimed.

e. Perform periodic review and reconciliation of actual project spending to ensure project costs are accurately captured.

f. Ensure documentation is sufficient to respond to Office of Inspector General (OIG) audits and reviews.

d.) Information Technology & Document/Data Management

1. Develop IT solutions that support the management and implementation of disaster recovery programs.

2. Develop processes for the Utility to properly collect data and document information as necessary to optimize compliance with FEMA, State, or other agencies.

3. Ensure Utility documentation is sufficient to respond to Office of Inspector General

(OIG) audits and reviews.

e.) Insurance and Other Funding Support

1. Review and understand the Utility’s insurance coverage in order to ensure the

City’s disaster recovery and restoration processes comply with laws, regulations and guidelines as required by FEMA, state, County or other agencies.

2. Develop process to assist the Utility in routing eligible expenses correctly including insurance coverage guidelines.

f.) Hazard Mitigation Support

1. Assist in identifying, developing and evaluating opportunities for the development of hazard mitigation programs to reduce or eliminate risk from future events.

2. Prepare applications and relevant documentation for hazard mitigation grant programs.

3. Ensure Utility hazard mitigation programs comply with laws, regulations and guidelines as required by FEMA, state, County or other agencies and prepare quarterly or other reports as needed to maintain compliance with the funding agency.

g.) Emergency Management Support Services & Other Services

Provide Pre and Post-disaster recovery, training, for Utility to be Disaster Ready to maintain

FEMA/Federal compliance including lessons learned and debriefing in report format.

Provide any additional services that would benefit the Utility for disaster planning, response and recovery and improve overall efficiency.

4. SELECTION CRITERIA: Evaluation of Responses:

All properly submitted RFP Packages shall be evaluated by Newport Utilities based on the below selection criteria.

The Utility desires to avoid the expense to all parties of unnecessary presentations; however, the

Utility may elect to conduct oral interviews or presentations from one or more of the respondents in order to make a final determination of the top rankings. If the Utility elects to conduct oral interviews or presentations, selected firms will be notified. All such presentations or interviews shall be open to the public.

The following weighted criteria will be utilized to select the consultant awarded this contract.

a) Firm History and Qualifications 20 points

b) Qualifications of the Staff 25 Points

c) Key Staff Project Understanding and Approach 25 Points

d) Cost Proposal 20 Points

e) Minority Participation (MWDBE) 10 Points

Total Points 100

5. COST PROPOSAL:

Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included below.

The Cost Proposal will be evaluated on the hourly rates submitted on the cost proposal form for the labor positions listed. All non-labor projected costs will be billed to Newport Utilities at cost without markup.

COST PROPOSAL FORM:

SERVICES, AND DEBRIS MONITORING SERVICES.

The hourly labor rates shall include ALL applicable overhead and profit.

All non-labor related project and travel costs will be billed to the Utility at cost without mark-up.

To the extent that Newport Utilities requests assistance for services associated with disaster monitoring the following hourly rates would apply:

COST PROPOSAL FORM

Debris Monitoring Operations

Description Unit Rate

Project Manager Hour

Operations Manager Hour

Field Supervisor Hour

Tower Monitor Hour

Field Monitor & Roving Monitor Hour

Clerical / Administrative Assistant Hour

Data Manager Hour

GIS Specialist Hour

Environmental Specialist Hour

Billing / Invoice Analyst Hour

FEMA Specialist Hour

Disaster Recovery Management Consulting and Administrative Services

Description Unit Rate

Program Manager Hour

Grants Management Specialist Hour

Environmental Scientist Hour

Benefit Cost Analysis Specialist Hour

GIS / HAZUS Specialist Hour

Field Technician (Environmental/Recovery) Hour

Quality Assurant/Audit Specialist Hour

Engineer

Debris Management / Call Center / Hotline Weekly

Call Center Technician Weekly

Truck or SUV for Project Manager Day Truck or SUV for Operations Manager Day Vehicle for Damage Assessment Staff Day Vehicle for Filed Supervisor & Monitors Day

Hour

TAB 5: COST PROPOSAL

SERVICES, & DEBRIS MONITORING SERVICES

RESPONDENT'S CERTIFICATION

I have carefully examined the Request for Qualification.

I hereby propose to furnish the services specified in the Request for Qualification. I agree that my submittal will remain firm for a period of at least 365 days in order to allow the Utility adequate time to evaluate the submittals and determine a ranking of the most qualified Responders.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the Responder as its agent and that the Responder is ready, willing and able to perform if an Agreement is executed.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service; that no officer, employee or agent of the Utility or any other respondent has an interest in said submittal; and that the undersigned executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

Responder

BY:

Signature Sworn to and subscribed before me this day of , 20

Name and Title, Typed or Printed

Mailing Address Notary Public Signature

STATE OF

City, State, Zip Code

Telephone Number Printed, typed or stamped name of notary public

My Commission Expires

SWORN STATEMENT PURSUANT TO TENNESSEE STATUTE TN

Code § 39-16-102, BRIBERY OF PUBLIC SERVANT

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY

PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

i. This sworn statement is submitted to NEWPORT UTILITIES, TENNESSEE by:

(Print individual’s name and title) for:

(Print name of entity submitting sworn statement) whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is:

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: - - .)

i. A person commits an offense who:

(1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity; or

(2) While a public servant, solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be influenced.

ii. A person commits an offense who:

(1) It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because the person had not yet assumed office, lacked jurisdiction, or for any other reason.

(2) It is no defense to prosecution under this section that the person who sought to influence a public official took action on behalf of a public or private organization or any other entity, for the purpose of organizing a campaign or for any other lawful purpose.

iii. Bribery of a public servant under subdivision (a)(1) is a Class B felony.

(1) A public servant accepting or agreeing to accept a bribe under subdivision (a)(2) is a Class B felony.

iv. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies).

Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Tennessee, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING

OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR

THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER

31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM

REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO AN

AGREEMENT IN EXCESS OF THE THRESHOLD AMOUNT.

Sworn to and subscribed before me this day of , Personally Known _____ or Notary Public Signature

Produced Identification

Type of Identification

Number Printed, typed or stamped name of notary public

AMERICANS WITH DISABILITIES ACT (ADA)

DISABILITY NONDISCRIMINATION STATEMENT

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY

PUBLIC.

This sworn statement is submitted to NEWPORT UTILITIES, TENNESSEE by:

(Print individual’s name and title) for:

(Print name of entity submitting sworn statement) whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is:

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: - - .)

I, being duly first sworn state:

That the above named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction.

The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment;

Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.

The Tennessee Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-

553.513, Tennessee Statutes:

The Rehabilitation Act of 1973, 229 USC Section 794;

The Federal Transit Act, as amended 49 USC Section 1612;

The Fair Housing Act as amended 42 USC Section 3601-3631.

Sworn to and subscribed before me this day of , Personally Known _____ or Notary Public Signature Produced Identification

Type of Identification

Number Printed, typed or stamped name of notary public

CONFLICT OF INTEREST

DISCLOSURE FORM

Information and Instructions

Newport Utilities, Tennessee, requires this disclosure statement to be completed and filed with all proposals, bids responses, contracts, or grant or loan requests to the Utility in excess of $10,000. The disclosure statement is not required for contracts for gas, water, and electric services where no competition exists, or where rates are fixed by law or ordinance.

In circumstances where a contract is awarded by competitive bid, the disclosure statement shall be required from persons submitting responses to requests for proposals, requests for qualifications, invitation to bid, grant applications, or other proposals.

A copy of the disclosure statement shall be maintained by the awarding Utility. Newport

Utilities shall not enter into any contract or appropriate any public funds with any person who refuses to provide information required on the disclosure form.

Any person who provides misleading or incorrect information on the disclosure statement shall be disqualified from participation. Also, the contract or grant shall be voidable by the

Utility if the misleading or incorrect information on the disclosure statement is discovered by the Utility subsequent to execution of a contract.

Definitions

"Business Entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in the state of Tennessee.

"Family, or Family Members, or Familial Relationship" means included but limited to individuals who are related to a public official as father, mother, son, daughter, brother, sister, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, half-brother, half-sister, a person who is engaged to be married to a public official or who otherwise holds himself or herself out as or is generally known as the person whom a public official intends to marry or with whom a public official intends to form or has formed a household.

“Person” means an individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert.

“Public Official” means a person either elected to a governmental position or appointed to a governmental position who is authorized by statute, resolution or charter to exercise part of the sovereign power of the governmental entity and whose duties of involve the exercise of discretion on behalf of the governmental entity. This would include those who are considered Department Heads by the Utility.

Instructions

Complete all lines as indicated. If an item does not apply, denote N/A (not applicable). If you cannot include required information in the space provided, attach additional sheets as necessary.

G

NEWPORT UTILITIES CONFLICT

OF INTEREST DISCLOSURE

FORM

ENTITY COMPLETING FORM

ADDRESS

CITY, STATE, ZIP TELEPHONE NUMBER

UTILITY THAT WILL RECEIVE GOODS, SERVICES, OR IS RESPONSIBLE FOR GRANT AWARD

ADDRESS

CITY, STATE, ZIP TELEPHONE NUMBER

This form is provided with the following document:

Has your business entity or any of your business entities’ partners, divisions, or any related business entity previously performed work or provided goods or services to any Newport Utility Department within the current or last two calendar years?

Yes No

If yes, identify below the Newport Utility Department that received the goods or services, the type(s) of goods or services previously provided, and the amount received for the provision of such goods or services. (Use additional pages if necessary)

Has your business entity or any of your business entities’ partners, divisions, or any related business entity previously applied for and received any grants or loans from any Newport Utility Department within the current or last two calendar years?

Yes No

If yes, identify the Newport Utility Department that awarded the grant or loan, the date such grant or loan was awarded, and the amount of the grant or loan.

1. List below the name(s) and address(es) of all public officials with whom your business entity, or members of your immediate family have a familial relationship. Identify the office the public official holds or the Newport Utility Department for which the public official works. (Attach additional sheets if necessary.)

Invitation to Bid Request for Proposal / Qualifications Proposal Grant or Loan Request Other

UTILITY DEPARTMENT TYPE OF GOODS/SERVICES AMOUNT RECEIVED

UTILITY DEPARTMENT DATE GRANT AWARDED AMOUNT OF GRANT OR LOAN

NAME OF PUBLIC OFFICIAL/EMPLOYEE ADDRESS

UTILITYDEP

2. List below the name(s) and address(es) of all family members of public officials with whom your business entity, or members of your immediate family have a familial relationship. Identify the office the public official holds or the Newport Utility Department for which the public official works. (Attach additional sheets if necessary.)

NAME OF PUBLIC OFFICIAL/EMPLOYEE

DEPARTMENT WHERE

EMPLOYED

If you identified individuals in items one and / or two above, describe in detail below the direct benefit to be gained by the public officials, and/or their family members as the result of the contract, proposal, request for proposals, invitation to bid, or grant proposal. (Attach additional sheets if necessary.)

List below the name(s) and address(es) of all paid consultants and/or lobbyists utilized to use in preparation of, request for proposal or qualifications, invitation to bid, or grant or loan proposal:

List below the names of any individuals, partners, or officers of the business entity who worked for Newport Utilities within the current or past two calendar years.

By signing below, I certify under oath and penalty of perjury that all statements on or attached to this form are true and correct to the best of my knowledge. I further understand that omissions shall be cause for disqualification from participation in the proposed transaction.

Signature Date

Printed Name Title

NAME OF PAID CONSULTANT/LOBBYIST ADDRESS

NAME OF INDIVIDUAL ADDRESS

VENDOR APPLICATION

Business Name:

Order from Address: City: State: Zip:

Pay to Address: City: State: Zip:

(if different)

Address: City State: Zip:

Telephone: ( ) Fax: (__ )

Email Address: Website URL:

Contact Person: Title:

Federal I.D. No.: Date Business Established:

Business is: Corporation Proprietorship Partnership Other:

Primary business classification (check all that apply):

Retailer Wholesaler Manufacturer Services Prime Contractor Sub Contractor

All applicants are required to provide a copy of their Business Tax Certificate, as well as their Workman’s Compensation Insurance Certificate (if_applicable).

Please see the enclosed commodity list to properly identify the commodities and/or services, which your firm provides. Please mail completed Vendor Application to the mailing address above. The undersigned does hereby certify that the foregoing and subsequent statements are true and correct.

Signature Title

Print Name Date:

1. REMEDIES

a. Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

2. TERMINATION FOR CAUSE AND CONVENIENCE

a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix

II(B).

b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

3. EQUAL EMPLOYMENT OPPORTUNITY

If applicable, exact language below in subsection 3.d is required.

a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R.

§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.

339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).

Required Clauses from Federal Emergency Management Agency (FEMA)

Required Clauses from Federal Emergency Management Agency (FEMA) in accordance with 2 C.F.R. § 200.326 AND 2 C.F.R. Part 200, Appendix II, Required Contract Clauses.

The Federal Emergency Management Agency (FEMA) requires that the following terms and conditions be incorporated into this Solicitation as well as into a resulting subsequent Contract.

By submitting a Proposal in response to this Solicitation, the Proposer acknowledges and agrees to adhere to the specific requirements of these clauses. The term “Contractor” shall be used interchangeably and also mean the “Proposer.”

http://www.fema.gov/procurement-disaster-assistance-team

b. Key Definitions.

i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-

1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.

d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, 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.

http://www.fema.gov/procurement-disaster-assistance-team https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=26&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=26&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=22edf9acbb0b836eba994727b86adedf&term_occur=16&term_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

4. DAVIS-BACON ACT

a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

b. Applicability. The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It DOES NOT apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

c. Requirements. If applicable, the non-federal entity must do the following:

i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Copeland Anti- Kickback Act provides that each contractor or subrecipient 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 non- Federal entity must report all suspected or reported violations to FEMA.

iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C.

3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

Suggested Language. The following provides a sample contract clause:

Compliance with the Davis-Bacon Act.

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R.

pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

5. COPELAND ANTI-KICKBACK ACT

a. Standard. Recipient and subrecipient contracts must include a provision for compliance 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”).

b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.

c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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). Each contractor or subrecipient 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 non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

Sample Language. The following provides a sample contract clause:

Compliance with the Copeland “Anti-Kickback” Act.

a. Contractor. The 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 contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts 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 prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

b. Applicability. This requirement applies to all FEMA contracts awarded by the non-federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers.