HomeMy WebLinkAboutItem 09May 13, 2011 Item No.
MAY 16, 2011 CITY COUNCIL MEETING
BUSINESS MARKETING STRATEGY RFP
Proposed Action
Staff recommends adoption of the following motion: Move to approve the distribution of
a request for proposals for a business marketing strategy.
Adoption of this motion will allow the Economic Development Commission to distribute an
RFP to a number of marketing companies for creation of a business marketing strategy.
Overview
The first goal of the EDC's 2011 -2013 Strategic Plan for Economic Development is:
"Create a marketing plan that has a clear message, is flexible, adequately
funded, creative, aggressive, and targeted that communicates Lakeville's values,
is broad and sector specific based on good information."
The EDC formed a Marketing Subcommittee in January to address this goal and has
developed an RFP to hire a marketing consultant to develop a business marketing
strategy.
The RFP outlines goals and outcomes desired to actively promote the City of Lakeville to
corporate and real estate site selectors, and increase Lakeville's overall brand
awareness.
The marketing consultant will be funded with Community Development Block Grant
(CDBG) funds the City receives from HUD via the Dakota County CDA.
Primary Issue To Consider
How will a marketing consultant be selected?
• The EDC's Marketing Subcommittee will review proposals and recommend to the
EDC a group of finalists based on a set of competitive scoring criteria. The EDC
will then make a final recommendation to the City Council to hire a marketing
consultant.
Supporting Information
• Business Marketing Strategy RFP
Adam Kienb Economic Development Specialist
Financial Impact: $ 40,000
Budgeted: Y/N Y Source: CDBG
Related Documents (CIP, ERP, etc.):
Notes:
Contact:
Adam Kienberger
Economic Development Specialist
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
(952) 985 -4425
akienberger@lakevillemn.gov
City of Lakeville
Request for Proposals:
Business Marketing Strategy
Dated: May 18, 2011
Responses Due: June 3, 2011
Lakeville Business Marketing Strategy RFP
Introduction:
As a successful and progressive community, the City of Lakeville provides the
foundation for healthy neighborhoods and prosperous businesses by investing in quality
and efficient services, effective partnerships, and citizen participation. The City's
commitment to well - planned development enhances the distinctive and high quality of
life enjoyed by our residents. As the southern gateway to the Twin Cities, Lakeville
offers the advantages of being part of a metropolitan area while providing a family -
friendly small town atmosphere with outstanding recreational and cultural opportunities.
The Economic Development Commission (EDC) is a citizen advisory group that updates
a strategic plan every three years which employs long -term strategies to encourage
business development and promote economic development in Lakeville.
Lakeville has historically lacked a consistent and focused branding and marketing plan
for business attraction and retention. Past efforts have tended to be mostly reactionary as
opportunities have presented themselves and funding was available.
The number one goal from the EDC's 2011 -2013 Strategic Plan for Economic
Development is to:
"Create a marketing plan that has a clear message, is flexible, adequately
funded, creative, aggressive, and targeted that communicates Lakeville's
values, is broad and sector specific based on good information."
The City of Lakeville is seeking responses to this RFP to develop and outline an
implementation plan for a business marketing strategy to target corporate site selectors,
business decision makers, and the general business community about why Lakeville
should be a top choice for locating and growing a business.
A facilitated visioning session was held with the EDC in the fall of 2010 to help guide the
vision and ultimately served as the outline for the 2011 -2013 Strategic Plan for Economic
Development. The results of this internal analysis can be found within the Strategic Plan
document.
This session produced the following vision of the EDC:
• "Lakeville is recognized as a unique and attractive community where people of all
ages want to live, learn, work and enjoy and where businesses choose to locate
due to an attractive business climate."
The EDC is currently conducting a Features, Advantages, Benefits (FAB) exercise and
will provide the results to the selected consultant upon completion.
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Business Marketing Strategy:
The City of Lakeville has identified the following five goals and outcomes of the
Business Marketing Strategy:
Goal 1:
Recruit new businesses by targeting and engaging corporate site selectors and
other "decision makers ".
Outcome:
Lakeville's brand is recognized by corporate site selectors and business location
"decision makers ". Lakeville is a "front of mind" consideration for businesses
looking to relocate or expand. Ultimately this will lead to the attraction of new
businesses and jobs for Lakeville.
Goal 2:
Grow and retain existing businesses.
Outcome:
Existing businesses realize the benefits of staying and growing within Lakeville
and feel a sense of pride and loyalty to remaining in Lakeville. Businesses feel
valued and appreciated within the community.
Goal 3:
Differentiate Lakeville from other suburban communities /target markets by
promoting distinctive attributes that demonstrate value.
Outcome:
Creation of a unique and creative branding campaign that is relevant to viable and
identified targets that raise the brand awareness of Lakeville as a place to do
business.
Goal 4:
Convey a positive and relevant brand image of Lakeville both inside and outside
of the community.
Outcome:
Lakeville is recognized as a desirable place to do business. Please note that the
City is not seeking a new City logo be developed as a part of this process.
Goal 5:
Identify local community partners and stakeholders that can share and promote a
unified message.
Outcome:
Multiple partners share a message that is consistently conveyed to both new and
existing businesses the partners come in contact with.
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Proposal:
Scope of Service:
At a minimum the study should provide a report containing:
1. Analysis of existing marketing materials and programs including but not limited
to:
a. Print and media materials
b. Website
c. Conference and trade show attendance
d. Business retention strategies and programs
2. Suggested marketing strategies to help meet the goals outlined in the goal section
of this RFP including but not limited to:
a. Print and media materials
b. Website
c. Social media
d. Other miscellaneous promotional materials
3. A detailed implementation cost analysis of each component of the recommended
marketing strategies that can be used to identify and plan for a comprehensive
marketing budget.
a. Identify one -time and annual recurring costs
All proposals should include:
1. Tasks to be accomplished and the amount of budget hours for each task and
subtask.
a. This will be used as a work plan and managing tool for basis of budgeting.
2. Identify deliverables.
a. Key milestones of project
b. Level of City staff participation
c. Status meetings identified through work plan
3. Detailed cost estimate of the study, including professional hourly rates and
multipliers and estimated service /task hours with a "not to exceed cap ". Other
expenses related to the completion of the study will be discussed on a case -by-
case basis. Preferred pricing will identify fixed cost bids with a menu of necessary
and optional services.
All proposals are subject to the following conditions:
1. Federal Funds. This project is being funded in whole or in part with federal
Community Development Block Grant ( "CDBG ") funds through the U.S.
Department of Housing and Urban Development ( "HUD "). The Firm selected
through this RFP will enter into a contract with the City of Lakeville and must
agree to federal funding provisions as attached in Exhibit A.
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2. Conflict of Interest. The proposer must identify any potential conflict of interest
it may have providing the services contemplated by this RFP.
Statement of Qualifications:
The following will be considered minimal contents of the proposal:
1. Goals, objectives, and project tasks to demonstrate the responder's view of the
project and exhibition of responder's knowledge of local government marketing
and branding.
2. Outline of respondent's background and experience with particular emphasis on
public sector marketing and branding.
a. Provide contact list for at least three (3) references in support of the
background and experience.
3. Knowledge of print, website, and social media advertising and promotion
4. Experience working with local governments.
5. Identify key personnel to conduct the project. No change in key personnel
assigned to the project will be permitted without approval of the City.
City Provided Supporting Documentation:
• 2010 City Council /EDC Questionnaire Results
■ 2010 Approved 2011 -2013 EDC Strategic Plan for Economic Development
• 2010 Business Survey Executive Summary
• Lakeville demographic data
• Lakeville map
■ Lakeville Industrial Parks map
• Lakeville City website: www.lakevillemn.gov
Characteristics of Lakeville:
• 38 square miles
• —60% developed
• 55,000+ residents
• —19,500 households
• 1,000+ businesses
o Mostly small to medium sized businesses ( <100 employees)
o Growing office /industrial and home -based business sectors
■ High educational attainment of residents (44% have a bachelor's degree+)
• Median household income $90,803
• Median age is 33.5
■ Freeway access
Requirements and Final Product:
• A business marketing strategy plan document
o All documents, plans, work completed under this proposal will become the
property of the City of Lakeville upon completion.
• Coordination meetings with City staff
• Up to 3 public presentations to City Council and other advisory committees
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Evaluation Criteria:
Proposals will be evaluated on the following factors with equal weight given to each one.
The City of Lakeville has the right to reject any or all proposals without explanation.
(Total points possible — 100)
• Proposer's ability and capacity to meet all Request for Proposals conditions and
expectations as solely determined by the City's selection committee. (10 points)
• The proposal meets the goals as outlined in the Request for Proposals (10 points)
• Value and price for services offered (10 points)
• Ability to complete the job in the time allotted (no later than October of 2011)
(10 points)
• Prior satisfactory conclusion of similar work or evidence of specific experience
regarding marketing and branding strategies (10 points)
• Stated and demonstrated understanding of the scope of work being sought
(10 points)
• A creative and unique approach to the proposal (40 points)
Because consulting services require the expenditure of funds, the City Council will make
the final determination of whether to authorize funds for this project
The City does not guarantee selection of any vendor and reserves its right to reject all
proposals. Furthermore, the City may or may not accept the lowest price quotation and
reserves the right to select the proposal which best meets its needs and selection criteria.
RFP Timeline:
RFP Issue date — May 18, 2011
Proposals due — June 3, 2011
Interview consultant finalists — TBD
City Council approval selecting consultant — TBD
Submission Deadline:
• Six (6) hard copies of proposal and one (1) electronic version on CD or via email
including all attachments and supplemental information delivered to Lakeville
City Hall no later than 4:30 p.m. on June 3, 2011:
Adam Kienberger
Economic Development Specialist
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
• All questions by prospective responders regarding this RFP should contact:
Adam Kienberger
akienberger @lakevillemn.gov
952- 985 -4425
• All potential respondents to this RFP will be notified if there are any substantial
changes to this document made during the submittal period.
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EXHIBIT A: PROVISIONS FOR FEDERALLY FUNDED CONTRACTS
I. SPECIAL EQUAL OPPORTUNITY PROVISIONS
Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related subcontracts of $10,000
and under.)
During the performance of this contract, the contractor agrees as follows:
(1)
(3)
The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor
shall take affirmative action to ensure that applicants for employment are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this non-
discrimination clause. The Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, or
national origin.
Contractors shall incorporate the foregoing requirements in all subcontracts.
Executive Order 11245
(Applicable to Federally assisted contracts and related subcontracts of $10,000 and over.)
1. Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, 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, 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 non-
discrimination clause.
(B)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 without regard to race, color, religion, sex, or national origin.
(C)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
advising the said labor union or workers' representatives of the contractor's
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commitment under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(D)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.
(E) 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 Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and others.
(F) In the event of the contractor's non - compliance with the non - discrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized 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.
(G) The contractor will include the provisions of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) 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 Department may direct as a means of enforcing such
provisions, including sanctions for non - compliance. 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 Department, the
contractor may request the United States to enter into such litigation to protect the
interest of the United States.
2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246).
(A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and
the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set forth herein.
(B) The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:
Goals for Women / Minority Participation 5% Overall
Timetables: N/A
These goals are applicable to all the Contractor's construction work (whether or not
it is Federal or federally assisted) performed in the covered area.
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause,
specific affirmative action obligations required by the specifications set forth in 41-
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CFR 60 -4.3 (a), and its efforts to meet the goals established for the geographical area
where the contract resulting from this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade, and the contractor shall
make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor
to Contractor or from project to project for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured
against the total work hours performed.
(C) The Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of the award of any
construction subcontract in excess of $ 10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification shall list the
name, address and telephone number of the subcontractor; employer identification
number; estimated dollar amount of the identification number; estimated dollar
amount of the subcontract; estimated starting and completion dates of the
subcontract; and the geographical area in which the contract is to be performed.
(D) As used in this Notice, and in the contract resulting form this solicitation, the
"Covered Area" is Dakota County, Minnesota.
3. Standard Federal Equal Employment Opportunity Construction Contract Specifications
(Executive Order 11246)
(A) As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
(2) "Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director
delegates authority;
(3) "Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Return , U.S. Treasury
Department Form 941.
(4) "Minority" includes:
(a) Black (all persons having origins in any of the Black African racial groups
not of Hispanic origin);
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands): and
(d) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North American and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
(B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
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Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
(C) If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that for those trades
which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each Contractor or subcontractor participating in an approved Plan
is individually required to comply with its obligations under the EEO clause, and to
make good faith effort to achieve each goal under the Plan in each trade in which it
has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan
goals and timetables.
(D) The Contractor shall implement the specific affirmative action standards provided in
paragraphs (G)(1) through (16) of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the
total hours of employment and training of minority and female employees the
Contractor should reasonably be able to achieve in each construction trade in which
it has employees in the covered area. The Contractor is expected to make
substantially uniform progress toward its goals in each craft during the period
specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom the Contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's obligations under these
specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
(F) In order for the non - working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees must be counted in meeting the
goals, such apprentices and trainees must be employed by the Contractor during the
training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor.
(G) The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications
shall be based upon its efforts to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following;
(1) Ensure and maintain a working environment free of harassment, intimidation,
and coercion at all sites, and in all facilities at which the Contractor's employees
are assigned to work. The Contractor shall specifically ensure that all foremen,
superintendents, and other on -site supervisory personnel are aware of and carry
out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in
such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
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(3)
(4) Provide immediate notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to
the Contractor a minority person or woman sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
(5)
(
(
(9)
Maintain a current file of the names, addresses and telephone numbers of each
minority and female off -the- street applicant and minority or female referral from
a union, a recruitment source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the Contractor by the
union or, if referred, not employed by the Contractor, this shall be documented
in the file with the reason therefor, along with whatever additional actions the
Contractor may have taken.
Develop on-the-job training opportunities and/or participate in training programs
for the area which expressly include minorities and women, including upgrading
programs and apprenticeship needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of
these programs to the sources compiled under (G)(2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at lease
once a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work is
performed.
Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment
decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation
of construction work at any job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
Disseminate the contractor's EEO policy externally be including it any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's
EEO policy with other Contractors and Subcontractors with whom the
Contractor does or anticipates doing business.
Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and to
minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source, the Contractor shall send written notification
to organizations such as the above, describing the openings, screening
procedures, and tests to be used in the selection process.
(10)Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer
and vacation employment to minority and female youths both on the site and in
other areas of a Contractor's work force.
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(J)
(11)Validate all tests and other selection requirements where there is an obligation to
do so under 41 CFR part 60 -3.
(12)Conduct, at least annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
(13)Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the Contractor's obligations under these specifications are being
carried out.
(14)Ensure that all facilities and company activities are non - segregated except that
separate or single -user toilet and necessary changing facilities shall be provided
to assure privacy between the sexes.
(15)Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
(16)Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
(H) Contractors are encouraged to participate in voluntary associations which assist in
fulfilling one or more of their affirmative action obligations [(G)(1) through (16)].
The efforts of a contractor association, joint contractor - union, contractor- community,
or other similar groups of which the contractor is a member and participant, may be
asserted as fulfilling any one or more of its obligations as enumerated above
provided that the Contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program are reflected
in the Contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of
the Contractor.
(I) A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non - minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in
violation of the Executive Order if a specific minority group of women is
underutilized).
The Contractor shall not use the goals and timetables or affirmative action standards
to discriminate against any person because of race, color, religion, sex, or national
origin.
(K) The Contractor shall not enter into any subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
(L) The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
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termination and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implementing regulations,
by the Office of Federal Contract Compliance Programs. Any Contractor who fails
to carry out such sanctions and penalties shall be in violation of these specifications
and Executive Order 11246, as amended.
(M) The Contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph (G) of these specifications, so as to achieve maximum results
from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations,
or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8.
(N) The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to submit
reports relating to the provisions hereof as may be required by the Government and
to keep records. Records shall at least include for each employee the name, address,
telephone numbers, construction trade, union affiliation if any, employee
identification number assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work
was performed. Records shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
(0) Nothing herein provided shall be constructed as a limitation upon the application of
other laws which establish different standards of compliance or upon the application
of requirements for the hiring of local or other area residents (e.g., those under the
Public Works Employment Act of 1977 and the Community Development Block
Grant Program).
4. Segregated Facilities
The Contractor or Subcontractor will not maintain any facility which is provided for their
employees in a segregated manner or permit their employees to perform their services at
any location under their control where segregated facilities are maintained except that
separate or single user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
Section 503 Handicapped
(Applicable to Federally assisted contracts and related subcontracts if $ 2,500 or
over.)
1. Affirmative Action for Handicapped Workers
(A) The Contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The Contractor agrees to take affirmative
action to employ, advance in employment and otherwise treat qualified handicapped
individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
(B) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
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(C) In the event of the Contractor's noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
(D) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided
by or through the contracting officer. Such notices shall state the Contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
(E) The Contractor shall notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the Contractor
is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed
to take affirmative action to employ and advance in employment physically and mentally
handicapped individuals.
(F) The Contractor will include the provisions of this clause in every subcontract or purchase
order of $ 2,500 or more unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to Section 503 of the Act, 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 Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action for non-
compliance.
Section 402 Veterans of the Vietnam Era
(Applicable to Federally assisted contracts and related subcontracts of $10,000 or over.)
1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era
(A) The Contractor will not discriminate against any employee or applicant for employment
because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any
position for which the employee or applicant for employment is qualified. The
Contractor agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified disabled veterans and veterans of the Vietnam Era without
discrimination based upon their disability or veteran status in all employment practices
such as the following: employment upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(B) The Contractor agrees that all suitable employment openings of the Contractor which
exist at the time of the execution of this contract and those which occur during the
performance of this contract, including those not generated by this contract and including
those occurring at an establishment of the Contractor other than the one wherein the
contract is being performed but excluding those of independently operated corporate
affiliates, shall be listed at an appropriate local office of the State employment service
system wherein the opening occurs. The Contractor further agrees to provide such
reports to such local office regarding employment openings and hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall
also list all their suitable openings with the appropriate office of the State employment
service, but are not required to provide those reports set forth in paragraphs (D) and (E).
(C) Listing of employment openings with the employment service system pursuant to this
clause shall be made at least concurrently with the use of any other recruitment source or
effort and shall involve the normal obligations which attach to the placing of a bona fide
job order, including the acceptance of referrals for veterans and non - veterans. This
listing of employment openings does not require the hiring of any particular job applicant
or from any particular group of job applicants, and nothing herein is intended to relieve
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the Contractor from any requirements in Executive Orders or regulations regarding non-
discrimination in employment.
(D) The reports required by paragraph (B) of this clause shall include, but not be limited to,
periodic reports which shall be filed at lease quarterly with the appropriate local office or,
where the Contractor has more than on hiring location in a State, with the central office
of the State employment service. Such reports shall indicate for each hiring location (1)
the number of individuals hired during the reporting period, (2) the number of non-
disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the
Vietnam era hired, and (4) the total number of disabled veterans hired. The reports
should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The
Contractor shall submit a report within 30 days after the end of each reporting period
wherein any performance is made on this contract identifying data for each hiring
location. The Contractor shall maintain at each hiring location copies of the reports
submitted until the expiration of one year after final payment under the contract, during
which these reports and related documentation shall be made available, upon request, for
examination by any authorized representatives of the contracting officer or of the
Secretary of Labor. Documentation would include personnel records respecting job
openings, recruitment and placement.
(E) Whenever the Contractor becomes contractually bound to the listing provisions of this
clause, it shall advise the employment service system in each State where it has
establishments of the name and location of each hiring location in the State. As long as
the Contractor is contractually bound to these provisions and has so advised the State
system, there is no need to advise the State system when it is no longer bound by this
contract clause.
(F) This clause does not apply to the listing of employment openings which occur and are
filled outside the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin
Islands.
(G) The provision of paragraphs (B), (C), (D), and (E) of this clause do not apply to openings
which the Contractor proposes to fill from within his own organization or to fill pursuant
to a customary and traditional employer -union hiring arrangement. This exclusion does
not apply to a particular opening once an employer decides to consider applicants outside
of his own organization or employer -union arrangement for that opening.
(H) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to openings which
occur in the following job categories: Production and non - production; plan and
office; laborers and mechanics; supervisory and non - supervisory; technical; and
executive administrative, and professional openings that are compensated on a
salary basis of less than $ 25,000 per year. This term includes full time
employment, temporary employment of more than 3 days duration, and part-time
employment. It does not include openings which the contractor proposes to fill from
within his own organization or to fill pursuant to a customary and traditional
employer -union hiring arrangement nor openings in an educational institutions
which are restricted to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for listing, including
such situations where the needs of the Government cannot reasonably be otherwise
supplied, where listing would be contrary to national security, or where the
requirement of listing would otherwise not be in the best interest of the Government.
(2) "Appropriate office of the State employment service system" means the local office
of the Federal -State national system of public employment offices with assigned
responsibility for serving the areas where the employment opening is to be filled,
including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.
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(I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the act.
(J)
(3)
"Openings which the Contractor proposes to fill from within his own organization"
means employment openings for which no consideration will be given to persons
outside the Contractor's organization (including any affiliates, subsidiaries, and the
parent companies) and includes any openings which the Contractor proposes to fill
from regularly established "recall" lists.
(4) "openings which the Contractor proposes to fill pursuant to a customary and
traditional employer -union hiring arrangement" means employment openings which
the Contractor proposes to fill from union halls, which is part of the customary and
traditional hiring relationship which exists between the Contractor and
representatives of his employees.
In the event of the Contractor's non - compliance with the requirements of this clause,
actions for non - compliance may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the act.
(K) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided
by or through the contracting officer. Such notice shall state the Contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam era, and the rights of applicants and
employees.
(L) The Contractor will notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the contractor
is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is
committed to take affirmative action to employ and advance in employment qualified
disabled veterans and veterans of the Vietnam Era.
(M) The Contractor will include the provisions of this clause in every subcontract or purchase
order of $ 10,000 or more unless exempted by rules, regulation, or orders of the Secretary
issued pursuant to the Act, 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 Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action for
noncompliance.
Section 109 of the Housing and Community Development Act of 1974.
1. No person in the United States shall on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available under this
title.
"Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities
1. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be awarded
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to business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
2. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth in 24 CFR, Part 135 and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract. The parties to this contract certify and agree
that they are under no contractual or other disability which would prevent them from
complying with these requirements.
3. The Contractor will send to each labor organization or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, if any, a notice
advising the said labor organization of workers representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
4. The Contractor will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor
where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Department issued hereunder prior to the execution of
the contract, shall be a condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successors and assigns. Failure
to fulfill these requirements shall subject the applicant or recipient, its contractors and
subcontractors, its successors and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is provided, and to such sanctions as
are specified by 24 CFR Part 135.
II. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $
100,000)
A. Compliance with Air and Water Acts
During the performance of this contract, the Contractor and all subcontractors shall comply with
the requirements of the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of
the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non - exempt contractors and subcontractors shall
furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the
performance of any non - exempt contract or subcontract, is not listed on the list of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean
Air Act, as amended (42 USC 1857c -8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports
and information, as well as all other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued thereunder.
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(3)
A stipulation that as a condition for the award of the contract, prompt notice will be given of
any notification received from the Director, Office of Federal Activities, EPA, indicating that
a facility utilized, or to be utilized for the contract, is under consideration to be listed on the
EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be included, the criteria and
requirements in paragraph (1) through (4) of this section in every non - exempt subcontract and
requiring that the Contractor will take such action as the Government may direct as a means
of enforcing such provisions.
III. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
No Federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress
in connection with the awarding of any Federal Contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federally appropriated funds have been paid or will be paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form —LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub - awards at all tiers (including subcontract, sub - grant, and
contracts under grants, loans, and cooperative agreements) and that all sub -
recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre- requisite for making
or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and
not more than $ 100,000 for each such failure.
STANDARD ASSURANCES
1. NON - DISCRIMINATION. During the performance of this Contract, the Contractor shall not
unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex,
national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will take
affirmative action to ensure that applicants are employed and that employees are treated during employment without
unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual orientation,
age, marital status or public assistance status. 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 which set forth the provisions of
this nondiscrimination clause.
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The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status.
No funds received under this Contract shall be used to provide religious or sectarian training or services.
The Contractor shall comply with any applicable federal or state law regarding non - discrimination. The following
list includes, but is not meant to limit, laws which may be applicable:
A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seJc. which prohibits
discrimination in employment because of race, color, religion, sex or national origin.
B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits
discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national
origin.
C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et semc . and 45 C.F.R. 84.3 (J) and (K)
implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to
or participation in federally- funded services or employment.
D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et sec. as amended, and Minn. Stat.
§ 181.81, which generally prohibit discrimination because of age.
E. The Equal Pay Act of 1963, as amended, § 29 U.S.C. § 206, which provides that an employer may not
discriminate on the basis of sex by paying employees of different sexes differently for the same work.
F. Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age.
G. Minn. Stat. $ 181.59 which prohibits discrimination against any person by reason of race, creed, or color in
any state or political subdivision contract for materials, supplies or construction. Violation of this section is a
misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under
the Contract.
H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611, with
regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a disability
in term, condition or privilege of employment.
2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used,
maintained, or disseminated by Contractor in the performance of this Contract is subject to the requirements of the
Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act now
in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply with those
requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor. Contractor
does not have a duty to provide access to public data to the public if the public data are available from the
governmental agency (CDA), except as required by the terms of this Contract. All subcontracts shall contain the same
or similar data practices compliance requirements.
3. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers, accounting
procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication,
transcription and audit by the CDA and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd.
5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized
representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such
evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any
audit in progress requires a longer retention period.
4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health
and safety of its employees in connection with the work performed under this Contract. Contractor shall make
arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in
connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are properly
trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this
Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards,
regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work
to be performed by Contractor.
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