City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Request for Proposals: The City of New Orleans (“City”) desires to obtain proposals from the most
qualified firm(s) to assist the City with a COVID-19 Mass Feeding Initiative by performing professional
services as detailed in Attachment “A” to support NOHSEP with the procurement of a supplier to provide and
deliver nutritious meals to food insecure City of New Orleans constituents affected by COVID-19 potentially
using FEMA grant and City General funds. As provided below, and incident to City Charter Section 6-308(5)
and Executive Order LC 20-01, it requests proposals from experienced firms to provide the needed services.
Instructions: Under the authority of the Governor under Proclamation 59 JBE 2020. Proposers shall
submit the following electronically via Email to Klwells@nola.gov , not later than June 10, 2020 by
12:00 PM (CT):
a. The proposer’s digitally signed proposal, in PDF format marked “COVID-19 Mass Feeding
Initiative Technical Proposal”
b. The proposer’s related cost proposal included as a separate file, marked “COVID-19 Mass Feeding
Initiative Price Proposal”;
c. A digitally signed cover letter including the company’s name, address and primary contact for the
proposal. The primary contact information shall include submitter name, telephone, and email address.
d. Proposers must complete all required attachments and submit along with their electronic submissions.
e. Proposers should ensure to notate in the subject line of the email, the name of the proposer and
the number and the title of the RFP. This information is critical to the Bureau of Purchasing to
identify proposals.
Proposers should clearly demonstrate the applicant’s qualifications to perform the needed services and attend
all factors applicable in a professional relationship. Proposers should include detailed resumes or curricula vitae
for the principals performing the services. Copies of the solicitation and related information are available from
the City’s purchasing website at https://nola.gov/purchasing/brass/.
The City will not accept proposals submitted by fax. All solicitations must be received by the City on or before
the Deadline. The City will not accept proposals recieved after the said deadline.
Anticipated Proposal Timetable
RFP Release
Pre-Proposal Conference
Deadline for Submitting Questions
Proposal Submission
Evaluation Committee Selection
Notification

June 1, 2020
June 3, 2020
June 4, 2020
June 10, 2020
On or about June 12, 2020
On or about June 14, 2020

 A Non-Mandatory Pre-Proposal Conference will be held on June 3, 2020 at 2:00 PM (CT) via
teleconference call (teleconference number and access code will be provided).

If the City identifies a likely service provider, it may negotiate a final agreement with the provider and fix the
relationship by Professional Services contract. The contract will contain the standard City provisions shown in
Attachment “B” and the “Disadvantaged Business Enterprise” (“DBE”) provisions shown in Attachment “C.”
A DBE goal of 35 percent has been established for this RFP. The Proposers shall agree to use its best
efforts, as determined by the DBE Compliance Officer to assure that all respondents comply with the factors
set forth in the DBE Program, to meet the goal for DBE participation in the performance of this solicitation.
Please direct all questions related to DBE compliance prior to the Delivery Deadline to Office of Supplier
Diversity, 1340 Poydras Street, 10th Floor, New Orleans, LA 70112, telephone: 658-4220, email:
supplierdiversity@nola.gov.
By responding to this RFP, Proposer agrees to the City’s required provisions as provided in
Attachments “B” and therefore waives any future right to contest the required provisions.
1. Services Needed: Attachment “A”.
2. Selection Committee: The CPO must establish a Selection Committee with relevant subject-matter
expertise in reviewing and evaluating proposals to the RFP. Each proposal to the RFP must be evaluated by a
committee of five individuals consisting of:






The manager of the User Entity requesting the service, or his designee;
The Chief Administrative Officer, or his designee;
The employee who will manage and monitor the contract;
A professional from within local government who possesses expertise in the relevant field; and
The Chief Financial Officer or his designee.

The Selection Committee shall first evaluate the proposals on the basis of criteria other than price. The
members on the Selection Committee shall either complete the numerical grading and provide a written
explanation stating the reasons for the rating for each criteria, or if using the wholly qualitative evaluation
criteria, the members shall provide a rating of a proposal as highly advantageous, advantageous, not
advantageous, or unacceptable and state the reasons for the rating for each criteria.
3. Selection: The City will select a Proposer generally according to the procedures described in Executive
Order LC 20-01. The Selection Committee will first evaluate and rank responsive RFP Responses on the
criteria listed below and provide an assessment of that score. A Proposer may receive the maximum points,
a portion of this score, or no points at all, depending upon the merit of its response, as judged by the Selection
Committee in accordance with:

RFP No. 624

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 Technical Criteria
(25 Points)

Experience with and a demonstrated ability to deliver similar projects on time and within
budget;

(15 Points)

Proposal includes a detailed vision for how this project will be managed and delivered;

(5 Points)

Team capacity, skills, and technical expertise; and

(5 Points)

Demonstrable experience implementing tools that enhance project delivery and
monitoring.

MINIMUM REQUIREMENTS:
Proposals which do not meet the required personnel requirements in Attachment A – Needed
Services will be deemed nonresponsive.
DBE Participation
To ensure the full participation of DBE’s in all phases of the City’s procurement activities, all
Proposers at time of proposal submission shall complete and submit a DBE Participation Plan. If a
DBE Participation Plan is not submitted, it shall be determined that the proposer was non-responsive to
the DBE provisions and the proposal will not be evaluated by the selection committee.
(5 Points)

Proposal complies with contract DBE participation goal of 35% or will conduct good
faith efforts to do so.

(5 Points)

Proposal submitted a quality DBE Participation Plan that includes innovative strategies
and approaches to achieve and maintain compliance over the contract term, including
firm’s past performance on meeting DBE goals, technical assistance and supportive
services designed to increase participation and build capacity in the DBE community.

Price Proposal
The Selection Committee will then evaluate and rank responsive Proposals on Price. Price proposals must be
included as a separate file marked “Price Proposal”. A Proposer may receive the maximum points, a
portion of this score, or no points at all, depending upon the merit of its Price Proposal, as judged by the
Selection Committee in accordance with:
(40 Points)

Cost

Shortlist
The City at its sole discretion may recommend a selection of Proposers for a short list based on the overall
ranking.
RFP No. 624

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 During the review of any proposal, the Evaluation Committee may:


Conduct reference checks relevant to the solicitation to verify any and all information, and rely on or
consider any relevant information from such cited references or from any other sources in the evaluation of
proposals. This will include City past Performance Reviews;



Seek clarification of a proposal or additional information from any or all proposers and consider same in the
evaluation of proposals;



Waive any requests or requirements if such waiver is in the best interest of the City; and



Request interviews/ presentations with any, some or all proposers to clarify any questions or considerations
based on the information included in proposals.

4. Ownership: All proposals and/or documentation submitted therewith are City property for all purposes.
Proposers will clearly mark documents or information claimed exempt from public records disclosure and
specifically justify the exemption. The City will not credit any blanket exemption claims lacking specific
justification. The City does not guarantee the confidentiality of submissions.
5. Effect: This RFP and any related discussions or evaluations by anyone create no rights or obligations
whatsoever. The City may cancel or modify this solicitation at any time at will, with or without notice. The
contract executed by the City and the selected Proposer, if any, is the exclusive statement of rights and
obligations extending from this solicitation.
6. Point of Contact: All correspondence and other communications regarding this procurement should be
directed to the attention of: Kai Wells, City of New Orleans, Bureau of Purchasing, 1300 Perdido Street,
4W07, New Orleans, Louisiana 70112.
Substantive questions must be submitted by Proposers in writing to the person at the address provided
above or emailed to klwells@nola.gov no later than) June 4, 2020 by 4:00 PM.
Any request received after that time may not be reviewed for inclusion in this RFP. The request shall
contain the requester’s name, address, and telephone number.
The Bureau of Purchasing will issue a response to any inquiry if it deems it necessary, by written addendum to
the RFP, posted on the City’s website, and issued prior to the RFP’s Delivery Deadline. The Proposers shall
not rely on any representation, statement or explanation other than those made in this RFP or in any addenda
issued. Where there appears to be a conflict between this RFP and any addendum issued, the last addendum
issued will prevail.
From the time of advertising, and until the final award, there is a prohibition on communication by Proposers
(or anyone on their behalf) with the City’s staff, Selection Committee members and elected officials. This does
not apply to oral communications at Pre-Proposal conferences, oral presentations before evaluation
committees, contract negotiations, or communications at any time with any City employee or elected official
regarding matters not concerning this RFP.
Breaking the established prohibition on communication may result in a disqualification of the proposal.
7. Proposal Review: In accordance with the Mayor’s Executive Order, LC 20-01, the review committee
will evaluate each proposal submitted. The City will make every effort to administer the proposal process in
accordance with the terms and dates discussed in the RFP. However, the City reserves the right to modify the
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 qualification process and dates as deemed necessary.
The City may request an online demonstration of specific vendors’ solutions prior to the qualifications review
completion date. Proposers should be prepared to provide such a demonstration in a timely fashion.
8. In-Process Technical Review: The selected Proposer’s performance of the services shall be subject
to in-process technical review by the City’s Technical Representative or such other person(s) as may be
designated in writing by Project Delivery Unit provided such actions are not unreasonable and does not
interfere with the progress of the work.
9. Conflict of Interest: The nature of the proposed services for the RFP may lead to a conflict of
interest for firms that are currently under contract with the City or those that may seek contract
opportunities in the future. The City considers the following situations as potential conflicts of interest
that will not be allowed with the selected firm(s):
a. Directly or indirectly participating in, managing, or overseeing any consultant selection
procurement process in which the selected firm is competing as a consultant or
subconsultant.
b. Directly or indirectly influencing any employee, staff member or other individual
participating in any consultant selection procurement process in which the selected firm
is a consultant or sub-consultant.
c. Directly or indirectly participating in, managing or overseeing any City contract that is
with the selected firm, regardless of whether the involvement of the selected firm in the
contract is as a consultant or sub-consultant. Among other things, this includes
approving changes in the schedule, scope, deliverables or invoices.

10. Required Attachments: Proposers are required to complete the following Attachments and submit
along with their electronic Proposal submission (Not submitting the required attachments may result
in your response being deemed non-responsive):


Attachment “C” DISAVANTAGED BUSINESS ENTERPRISE PARTICIPATION PLAN



Attachment “F” CITY OF NEW ORLEANS CONFLICT OF INTEREST DISCLOSURE
AFFIDAVIT

All other Attachments are supplied by the City as information. The following Attachments will only be
requested of the successful Proposer prior to obtaining a contract:




Attachment “D” Tax Clearance Certificate
Attachment “E” Identification of Subcontractors
Attachment “G” Affidavit of Compliance with Hiring Requirements”

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 Information Only:
 Attachment “H” Sample Contract Agreement
 Attachment “J” HUD Compliance Provisions
 Attachment “K” Special Compliance Conditions for FEMA
FAILURE TO COMPLETE THE REQUIRED ATTACHMENTS MAY RESULT IN THE
DISQUALIFICATION OF A PROPOSAL.
11. Proposal and Submission Requirements:

To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the
proposals be organized in the manner specified below. Proposal shall include all of the following:
1) Title Page
Show the RFP number and subject, the name of your firm, address, email address, telephone number(s),
facsimile machine number(s), name of contact person and date.
2) Table of Contents
Clearly identify the materials by section, page number, and tabs.
3) Letter of Transmittal (Limited To One Page)
Briefly state your firm’s understanding of the services to be performed and make a positive commitment to
provide services as specified. Give the name(s) of the person(s) who is/ are authorized to make representations
for your firm, their title, address, email address, telephone number(s) and facsimile number(s).
4) Proposal Contents
Proposals should contain a clear and comprehensive response to all requirements/ questions in the order
contained herein:
1.
2.
3.
4.

Approach;
Past Experience/ Qualifications;
Resumes (in standard resume or narrative format); and
Required Forms & Attachments

12.

Insurance:

A.

Except as otherwise noted, at all times during this Agreement or the performance of work required
by this Agreement, the Contractor will maintain the following insurance in full force and effect for
the duration of the work under this Agreement. Evidence of coverage shall be provided prior to
the start of any activities/work, in conjunction with the Contractor’s scope of work under the

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 B.

C.










Agreement.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City:
Minimum Requirements:
Workers' Compensation & Employers Liability Insurance in compliance with the applicable
Workers' Compensation Act(s). Statutory and Employers Liability Insurance with limits of not
less than $1,000,000.
Commercial General Liability Insurance including contractual liability insurance, products and
completed operations, personal & advertising injury, bodily injury, property damage, abuse and
molestation and any other type of liability for which this Agreement applies with limits of liability
of not less than $1,000,000 each occurrence / $2,000,000 policy aggregate.
Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for
bodily injury and property damage. Insurance shall include all owned, non-owned and hired
vehicles.
Important: The obligations for the Contractor to procure and maintain insurance shall not be
constructed to waive or restrict other obligations. It is understood that neither failure to comply
nor full compliance with the foregoing insurance requirements shall limit of relieve the Contractor
from any liability incurred as a result of their activities/operations in conjunction with the
Contractors obligations and/or Scope of Work.
Additional Insured Status: The Contractor and all Subcontractors (where applicable) will provide,
and maintain current, a Certificate of Insurance naming the City of New Orleans, its departments,
political subdivisions, officers, officials, employees, and volunteers are to be covered as
“Additional Insureds” on the CGL policy with respect to liability arising out of the performance of
this agreement, General liability insurance coverage can be provided in the form of an
endorsement to the Contractors insurance (at least as broad as ISO Form CG 20 10 11 85 or both
CG 20 10 and CG 20 37 forms if later revisions used).
Contractor shall require and verify that all Subcontractors maintain insurance and coverage limits
meeting all the requirements stated herein. The Certificate of Insurance, as evidence of all
required coverage, should name the City of New Orleans Risk Manager as Certificate Holder and
be delivered via U.S. Mail to 1300 Perdido Street, 9E06 – City Hall, New Orleans LA 70112.

12. Disadvantaged Business Enterprise (DBE) Requirements
I - DBE PROGRAM COMPLIANCE
The requirements of the City of New Orleans (“City”) Disadvantaged Business Enterprise (“DBE”)
Program apply to this Agreement. It is the policy of the City to practice nondiscrimination based on social and
economic disadvantage, race, color, gender, disability and national origin in the award and performance of
contracts.
In consideration of this policy and pursuant to Division 2 of Article IV of Chapter 70 of the Code of
the City, the City enacted the DBE Program for all City contracts.
Contractor agrees to use its best efforts to fully and completely carry out the applicable requirements of
the City’s DBE Program in the award and administration of this Agreement, including without limitation, all
reporting requirements and established DBE participation percentage. The Contractor’s failure to carry out
these requirements, as determined in good faith by the City’s Office of Supplier Diversity (“OSD”), shall be
RFP No. 624

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 deemed a material breach of this Agreement. This material breach may result in the termination of this
Agreement and/or the pursuit of any other remedies available to the City under any applicable law, ordinance,
or rule, including, but not limited to those set forth in the City’s Policy Memorandum for the DBE Program
II - DBE CONTRACT GOAL
The requested DBE Contract Goal is listed in the contract section of the invitation to bid.
NOTE: All non-public works contracts have a default goal of 35% DBE participation.
Participation shall be counted toward meeting the contract goal based on the following:
1. Only business entities certified as SLDBE or LAUCP-DBE are counted toward the contract
DBE participation goal.
2. The Bidder/ Proposer may count only the total dollar value of the subcontract awarded to
certified DBE subcontractor/supplier(s) toward the contract goal.
3. A Bidder/ Proposer can count 100 % of the DBE’s participation provided that the DBE has
committed to performing at least 51% of the work with its own forces.
4. Bidder/Proposer may count 100 % of DBE Manufacturer Supplier’s participation and 60
% of DBE Non-Manufacturer supplier’s participation toward its contract goal.
5. When the Bidder/Proposer is in a joint venture with one or more DBE business entities, the
OSD, after reviewing the joint venture agreement, shall determine the percent of participation
that will be counted toward the contract goal.
6. Bidder/Proposer may count toward its contract goal only those DBE subcontractors/
suppliers performing a Commercially Usefully Function.
“DBE Commercially Useful Function means” a discrete task or group of tasks, the
responsibility for performance of which shall be discharged by the DBE firm by using its own
forces or by actively supervising on-site the execution of the tasks by another entity for whose
work the DBE firm is responsible. In determining whether a certified firm is performing a
commercially useful function, factors including, but not limited to, the following shall be
considered:
a. Whether the business entity has the skill and expertise to perform the work for which it
is being utilized and possesses all necessary licenses;
b. Whether the firm is in the business of performing, managing, or supervising the work
for which it has been certified and is being utilized;
c. Whether the DBE subcontractor is performing a real and actual service that is a distinct
and verifiable element of the work called for in a contract.
d. Whether the DBE subcontractor performed at least thirty percent (30%) of the cost of
the subcontract (including the cost of materials, equipment or supplies incident to the
performance of the subcontract) with their own forces.
III - DBE DIRECTORY
Contractors may only utilize certified SLDBE and/or Louisiana Unified Certification Program
(LAUCP) DBE firms from the following lists to meet the City’s DBE Program goals.
a. Contractors agree to utilize the City’s SLDBE directory of certified firms as a first
source when searching for certified DBE business entities. The SLDBE directory
includes entities certified through Sewerage and Water Board of New Orleans, New
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 Orleans Aviation Board and Harrah’s New Orleans. The SLDBE directory is available
at www.nola.gov.
b. The Louisiana Unified Certification Program (“LA UCP”) directory is available at
www.dotd.louisiana.gov.
Information on locating these directories may also be requested from the OSD at supplierdiversity@nola.gov.
IV
- GOOD FAITH EFFORT POLICY
In accordance with Sec.70-461 of the City Code, the City shall reject any bid and shall not award, enter into or
amend any contract that is not supported by documentation establishing that the Bidder/Proposer has met the
applicable contract DBE participation Goal or made Good Faith Efforts to the applicable contract DBE
participation goal.
Good Faith Efforts are steps taken to achieve a contract DBE participation goal or other requirements
which, by their scope, intensity and usefulness demonstrate the Bidder’s or Proposer’s responsiveness to
fulfilling the City’s DBE Program goals prior to the award of a contract, as well as the Contractor’s
responsibility to put forth measures to meet or exceed the contract DBE participation goal throughout the
duration of the contract.
The OSD shall be responsible for determining whether a Bidder/Proposer has made their best efforts to
achieve the DBE Program contracting objectives. In making this determination, the DBE Compliance Officer
shall consider the following factors:
A.

B.

C.

D.

SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR:
i.

Bidder/ Proposer listed all selected scopes or portions of work to be performed by
DBEs in order to increase the likelihood of meeting the contract goal for the project

ii.

Bidder/ Proposer listed the estimated value of each scope or portions of work
identified.

NOTIFYING CERTIFIED DBEs OF CONTRACTING OPPORTUNITIES:
i.

Bidder/ Proposer contacted the OSD to request submission of subcontracting
opportunities on the DBE Opportunities page.

ii.

Bidder/ Proposer included a copy of each announcement or notification.

INITIAL SOLICITATION & FOLLOW-UP:
i.

Bidder/ Proposer listed all certified DBE firms that received written notification of work
items to be subcontracted and documented the certified firm’s response.

ii.

Bidder/ Proposer included copies of the written notice(s) sent to certified firms.

NEGOTIATE IN GOOD FAITH:
i.

Bidder/ Proposer provided an explanation for any rejected DBE bid or price
quotation.

ii.

Bidder/ Proposer included a copy of the written rejection notice including the reason
for rejection to the rejected DBE firm.

If a Bidder/ Proposer fail to submit documented Good Faith Efforts as outlined, the bid shall be
considered non-responsive.
The OSD may take into account the performance of other Bidders/Proposers in meeting the contract
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 DBE participation goal and may, if deemed advisable, request further information, explanation or justification
from any Bidder/ Proposer. For example, Bidder’s past performance on similar contracts with similar scopes
and/or a Proposer’s prior history utilizing DBEs will also be taken in consideration when determining Good
Faith Efforts.
Good Faith Efforts shall be monitored throughout the life of the contract and evaluated on a case- bycase basis in making a determination whether a Bidder or Proposer is in compliance with the Good Faith
Effort policy.
To obtain a copy of the Good Faith Effort Policy contact OSD at supplerdiversity@nola.gov.
V - REQUIRED DBE FORMS for BIDs/RFPs/RFQs
A. BIDs:
In accordance with Louisiana Public Bid Law, the two apparent lowest bidders on an invitation to bid
shall complete and submit all required post bid documents within three (3) business days of the bid opening. If
the required post bid documents are not received within three (3) business days of the bid opening it shall be
determined that bidder was non-responsive.
The following DBE documents must be received within three (3) business days of the bid opening:
1. DBE Compliance Form-1: This form is used to establish your DBE commitment on a City of
New Orleans bid, RFP or solicitation response. The Bidder shall provide a list of all proposed
DBE subcontractor(s).
If the Bidder has attained the amount of DBE participation to meet the contract goal, only
submit DBE Compliance Form-1.
2. DBE Compliance Form-2: This form is used to document Good Faith Efforts when the amount
of DBE participation committed on DBE Compliance Form-1 is less than the Contract Goal.
The Bidder shall provide all required supporting documentation of demonstrated Good Faith
Efforts as specified on DBE Compliance Form-2.
3. After receipt and review of the required post-bid documents, the OSD will determine if the
Bidder has provided valid DBE Compliance Forms and (if applicable) evidence of
demonstrated Good Faith Efforts.
Thereafter, the Bidder/ Contractor shall be bound by the established percentage, as approved
by the OSD.
B. Request for Proposals (“RFP”) / Request for Qualifications (“RFQs”):
To ensure the full participation of DBE’s in all phases of the City’s procurement activities, all
Proposers at time of proposal submission shall complete and submit a DBE Participation Plan.
1. DBE Participation Plan (Attachment “C”): A completed DBE Participation Plan shall be
considered a methodology on how the Proposer plans to meet the contract DBE participation
goal if awarded the project.
a. If a DBE Participation Plan (Attachment “C”) is not submitted, it shall be determined
that the Respondent was non-responsive to the DBE provisions and the proposal will
not be evaluated by the selection committee.
2. Within ten (10) days of the City’s issuance of the Notice to Award letter, the selected
Proposer shall complete and submit a DBE Compliance Form-1: This form is used to establish
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 your DBE commitment on a City Bid, RFP or solicitation response. The selected Proposer
shall provide a list of all proposed DBE subcontractor(s).
a. If the amount of DBE participation committed on DBE Compliance Form-1 is less
than the Contract Goal, the selected Proposer shall complete DBE Compliance Form2: This form is used to document Good Faith Efforts when the amount of DBE
participation committed on DBE Compliance Form-1 is less than the contract DBE
participation goal. The selected proposer shall provide all required supporting
documentation of demonstrated Good Faith Efforts as specified on DBE Compliance
Form-2.
The OSD shall review the contents of all required DBE Compliance Forms and may, if deemed
advisable, request further information, explanation or justification from any Bidder/ Respondent.
Thereafter, the Contractor shall be bound by the established percentage, as approved by the OSD.
VI - CONTRACTOR COOPERATION
The Contractor shall:
1. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s DBE
participation as well as document and maintain records of “Good Faith Efforts” with DBE
subcontractors/ suppliers (“DBE Entities”).
2. Execute written contracts with DBE Entities that meet the applicable DBE goals.
a. The Contractor shall provide the DBE Compliance Officer (“DBECO”) with copies of
said contracts within thirty (30) days from the date the Agreement is fully executed
between the City and the Contractor.
b. The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in
accordance with law.
3. Establish and maintain the following records for review upon request by the OSD:
a. Copies of written contracts with DBE Entities and purchase orders;
b. Documentation of payments and other transactions with DBE Entities;
c. Appropriate explanations of any changes or replacements of DBE Entities, which may
include a record of “Post-Award Good Faith Efforts” for each certified firm that the
Contractor does not use in accordance with the approved DBE participation
submission;
d. Any other records required by the OSD.
The Contractor is required to maintain such records for three (3) years after completion or closeout of
the Agreement. Such records are necessary to determine compliance with their DBE obligations.
4. Post monthly payments and submit regular reports to the DBECO as required via the online
“Contract Compliance Monitoring System” or other means approved by the OSD.
a. The Contractor shall submit the initial report outlining DBE participation within thirty
(30) days from the date of notice to proceed (or equivalent document) issued by the
City to the Contractor. Thereafter, “DBE Utilization” reports shall be due on or before
the fifteenth (15th) day of each month until all DBE subcontracting work is
completed.
b. Reports are required even when no activity has occurred in a monthly period.
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 c. If the established percentage is not being met, the monthly report shall include a
narrative description of the progress being made in DBE participation.
d. The Contractor may also be required to attach or upload copies of canceled checks or
bank statements that identify payer, payee and amount of transfer to verify payment
information as indicated on the form.
5. Conform to the established percentage as approved by the OSD.
a. The total dollar amount of the Agreement shall include approved change orders and
amendments. For a requirements contract, the total dollar amount shall be based in
actual quantities ordered.
b. No changes to the established percentage and DBE Entities submitted on DBE
Compliance Form-1 shall be allowed without approval by the OSD.
c. The City will not adjust the contract for any increase in cost due to replacement of DBE
Entities.
VII - POST-AWARD MODIFICATION
The OSD may grant a post-award modification request if:
a. For a reason beyond the Contractor’s control, the Contractor is unable to use the
certified DBE entity submitted on DBE Compliance Form-1 to perform the specified
work. The Contractor must notify the OSD of the intent for removal and substitution of
a certified DBE immediately upon determination of that the DBE submitted on
Compliance Form -1 is unable to perform the specified work. In such case, the
Contractor shall use and document “Good Faith Efforts” to find a similarly qualified and
certified DBE entity to perform such specified work. The same criteria used for
establishing “Good Faith Efforts” in maximizing the participation of DBE Entities
prior to awarding the Agreement will also apply to the substitution of DBE
subcontractors during the performance of the Agreement; or
b. The Contractor reasonably believes that, due to a change of scope, execution of the
work in accordance with the directions from the City is unlikely to meet the established
percentage or terms. In such case, the Contractor shall use and document “Good Faith
Efforts” to achieve a reasonable amount of DBE participation on the remaining work
on the Agreement.
VIII - MONITORING DBE PARTICIPATION
To ensure compliance with DBE requirements during the term of the Agreement, the DBECO will
monitor the Contractor’ use of DBE subcontractors/suppliers (“DBE Entities”) through the following
actions:
1.

Job site visits;

2. Electronic payment tracking via the Contract Compliance Monitoring System or other
means as approved by the OSD;
3.

Routine audits of contract payments to all subcontractors;

4.

Reviewing of records and reports; and/or

5.

Interviews of selected personnel.

The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor
RFP No. 624

Page 12

 or DBE Entities.
IX - FAILURE TO COMPLY
If the DBECO determines in good faith that the Contractor failed to carry out the requirements of the
DBE Program, such failure shall be deemed a material breach of this Agreement. This material breach may
result in the termination of the Agreement and/or the pursuit of any other remedies available to the City under
any applicable law, ordinance, or rule, including, but not limited to those set forth in the City’s
Policy Memorandum for the DBE Program.

All DBE Compliance forms are maintained by the OSD and are subject to change.
Please contact the OSD at supplierdiversity@nola.gov to request a copy of all DBE referenced
documents.

END OF DOCUMENT

RFP No. 624

Page 13

 City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “A”
NEEDED SERVICES
The COVID-19 crisis has generated substantial food insecurity across New Orleans. Particularly vulnerable groups
include individuals who have contracted COVID-19, laid off workers, families with children, senior citizens and
adults who are homebound. Neighborhood food pantries, non-profit organizations and school feeding programs are
operating throughout the City but they are struggling to meet the need. The overarching goal of this program is to
provide food insecure individuals affected by COVID-19 with nutritious meals while also providing economic
stimulus to commercial kitchens, local restaurants and their employees.
In order to alleviate challenges for food insecure families across New Orleans affected by COVID-19, a selected
Contractor will partner with a commercial food distributor or local restaurants to prepare approximately 1,837,800
million individually packaged, fresh meals and serve them to approximately 30,630 needy residents across the City.
The Contractor will work in tandem with the City of New Orleans, Orleans Parish Communication District (311) and
ViaLink (211) to receive referrals. Residents who are eligible for meal delivery assistance will be entered into a
central database and that data will be transmitted to the Contractor to handle meal preparation, delivery, and
distribution.
Term: The contract term is intended to be 30 days with an option to renew in 7-day increments. The City will
dismantle this initiative as soon as the public health emergency ends. Prices shall remain firm for the initial term and
all subsequent renewals of this contract.
Criteria
The City of New Orleans reserves the right to clarify a Contractor’s submittal prior to the award of the solicitation. It
is the intent of the City of New Orleans to award the bid to the best overall quality Contractor based on price,
responsiveness, experience, flexibility, and innovativeness. The City will select the Contractor with the best proposal
as evidenced by their overall evaluation score.
The City of New Orleans would like for Contractors to:
●
Increase jobs in the restaurant industry and beyond
●
Support local, minority-owned, restaurants
●
Incorporate nutritious, locally-sourced foods into menu options
Scope
a.
Summary:
The City of New Orleans intends to purchase approximately 1,837,800 million individually packaged, fresh meals at
a maximum of $10 per meal to be prepared by local restaurants and/or commercial kitchens and delivered daily to
food insecure individuals.

RFP No. 624

Page 14

 b.
Time Frame
The contract will be awarded for an initial 30-day period with the option to renew, without further bid, for 7-day
increments. The Contractor will deliver, on a daily basis, to locations seven days per week based upon the sites,
quantities and meal routes. These quantities are estimates, and additional meals may be requested should funds
become available. The Contractor may be required to supply meals to additional delivery sites during the contract
period. In addition, if necessary, existing sites may be relocated, or days of operation changed during the contractual
period.
c.
Distribution Schedule
The Contractor shall coordinate delivery to individual residents who cannot leave their homes (senior citizens, highrisk and homebound adults) and shall prepare meals for distribution at congregate feeding locations. The Contractor is
also responsible for coordination with local restaurants, catering companies and/or commercial kitchens that are
supplying meals. The Contractor will provide up to 2 meals per day, seven days a week including holidays. The
Contractor will provide lunch and dinner. Dinner must be a hot meal.
The number of participants, nutrition sites, or home delivered meals routes may change throughout the term of this
agreement. The numbers provided are estimated for planning purposes only. The daily participation may vary.
Funding changes may require drastic increases or decreases in participation levels and the number of meals per site.
d.
Restaurant Procurement & Engagement
If the Contractor chooses to procure restaurants to participate, the Contractor should ensure competition and equal
opportunity in how restaurants are selected to participate. The Contractor will be responsible for conducting outreach
to area restaurants and assess all potential partners’ eligibility based upon their capacity to staff and execute the
operation. The Contractor will contract with a diverse array of restaurants including a mix of large and small
businesses, minority and women-owned restaurants and businesses that reflect geographic representation across all
five council districts of New Orleans.
The Contractor will assess, onboard and train all restaurant partners, advise on menu recommendations, create a
weekly schedule, communicate any changes to its partners in a timely manner, coordinate on delivery/logistics,
ensure health and safety protocols are observed and pay restaurants on a weekly basis.
e.
■
■
■
■
■
■
■
■
■

Menu:
The selected vendor should contract with commercial kitchens or restaurants to prepare wholesome, healthy
and nutritious meals;
Menus should rotate through the week to provide variety for recipients;
Each meal should be 14-16 ounces in total weight, broken down roughly to: 6 oz protein, 4 oz starch or grain,
4 oz vegetable;
Lunch can be hot or cold and dinner meals must be hot. Meals should be prepared to be reheated if
necessary;
Meals should comply with the current Dietary Guidelines for Americans (DGA). The Contractor should
work with the City of New Orleans and restaurant partners to ensure that food allergens and/or specific food
requirements (vegetarian, vegan, halal, kosher, etc.) are satisfied;
The Contractor will limit the use of tree nuts, peanuts, and shellfish.
The individual meal cost should not exceed $10;
Menu items should be sourced locally when possible; and
Menu items should incorporate culturally-relevant ingredients and cuisine as much as possible.

RFP No. 624

Page 15

 f.
Meal Preparation
Preparation methods must preserve nutritional value and enhance meal acceptability. Delivery of prepared food shall
be provided to assure that existing sanitation and temperature regulations are met. The Contractor must limit the
amount of time meals spend in transit before they are consumed. Food transported to sites may not be held on
delivery vehicles for any longer than 3 1⁄2 hours from loading to last delivery.
g.
Meal Delivery
The Contractor is responsible for coordination with the City of New Orleans, 211 and 311 to facilitate delivery to
individual residents or congregate feeding sites within each Council District. The Contractor will provide all
equipment, as needed, at each site to ensure meals will be delivered or prepared for pick up in a timely fashion. This
will include refrigeration and equipment necessary to prepare hot meals on-site. The Contractor will follow food
handling and distribution protocols for each location. The Contractor should provide a detailed food delivery plan that
describes any third-party vendors that will be contracted to support delivery.
The Contractor should ensure the following meal delivery procedures are observed:
■
Delivery vehicles must be sanitized before and after each delivery;
■
Delivery drivers must wear personal protective equipment;
■
Gloves must be worn at all times and changed between deliveries;
■
Practice ‘no-contact’ transfers; and
■
If delivering to a distribution site, avoid going inside the building, have receiving contact meet outside and
practice no-contact transfers.
h.
Food Safety & Sanitation
The Contractor must comply with all federal, state, and local food safety regulations. The food Contractor and its
subcontractors must not have had any temporary or permanent closures, administrative complaints regarding food
safety, or 10 or more high priority/significant findings on sanitation inspection within the past 12 months. The food
Contractor must document food safety management programmed within the facility that meets or exceeds the
minimum requirements of federal, state, municipal or other agencies authorized to inspect or accredit the food service
operations.
The Contractor should attach food safety protocols and measures taken to protect employees and the community that
include use of personal protective equipment, social distancing at work/kitchens and during deliveries, use of gloves,
handwashing procedures and cleaning/sanitizing workstations.
i.
Experience/Qualifications
In addition to satisfying the requirements detailed within this proposal and the precepts of public requests for
proposals, the Contractor must have prior experience in providing services of a similar nature and complexity for a
program of comparable size. Likewise, the Contractor must possess the integrity, reliability, and other qualities that
will assure quality performance.
Prior to the contract award, the City of New Orleans reserves the right to require any Contractor to submit additional
documentation and other evidence attesting to the Contractor’s responsiveness. If, in the sole opinion of the City Of
New Orleans, a Contractor is deemed to have failed regarding the submission of such substantiating documentation
and evidence, and provided City Of New Orleans has otherwise or thereby determined the Contractor to be
irresponsible, City Of New Orleans, may reject or otherwise not consider such Contractor ’s proposal.

RFP No. 624

Page 16

 Performance and Contract Management
The selected contractor shall be assigned work through Task Orders (TO) issued by the City of New Orleans
based on the anticipated services required. The contractor will not be paid for any services provided without an
executed TO, or for services provided prior to the issuance of the TO. Furthermore, all services must be
provided during the original term of the contract or its properly executed amendment to extend the term for
continuity of services, or it will not be paid. The contractor will receive a list of qualified applicants/
constituents for this initiative from the City’s contract manager. Contractor is expected to provide weekly
summary reports to document the served population. All reports must include the eligible constituent’s name
and address along with the dates meals were provided.
The expectation of the City is that the selected contractor will be capable of mobilizing their onsite team within
48-72 hours of the City’s issuance of a Notice to Proceed. The City further expects that the selected
contractor’s onsite team will consist of the professionals who were recommended in their proposal, and any
substitutions will require a discussion and City approval, and proposals of subcontractor replacements with
similar professional experience will be necessary. This program will be dismantled as soon as the public health
emergency ends, so selected contractor will be expected to demobilize its resources within 24-48 hours.
Timeliness and Responsiveness – The selected contractor shall return the City’s phone calls and/or emails
communication within twenty-four (24) hours.
The City shall have the right to subject the individual or firm contracted to performance monitoring. Should the
City possess a reasonable belief or has determined that the individual or firm has misrepresented themselves
and is not competent to perform the tasks outlined within the Needed Services section of this Request for
Proposal, this will result in an immediate termination of their contract.
The City shall also have the right to terminate the contract for serious misconduct, habitual neglect of duty or
incompetence, conduct incompatible with the contractor's duties or prejudicial to the region’s business, or
willful disobedience of the City's orders.

RFP No. 624

Page 17

 Pricing/Cost
Vendor’s Fee Proposal Requirements
The City of New Orleans intends to purchase approximately 1,837,800 million individually packaged, fresh meals
at a maximum of $10 per meal for delivery to approximately 30,630 Orleans Parish residents. Please provide your
firm’s most competitive price for 2 meals per day, inclusive of home and congregate site deliveries. All
proposals must demonstrate how the cost per meal price will be accomplished.

RFP No. 624

Page 18

 City of New Orleans, Louisiana
Request for Proposals/Qualifications
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “B”
CONTRACT TERMS AND CONDITIONS
TABLE OF CONTENTS
ACKNOWLEDGMENT
COVERAGE.

2.

ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION
COVERAGE.

3.

ASSIGNABILITY.

4.

AMENDMENT.

5.

AUDIT AND INSPECTION.

6.

CHOICE OF LAWS.

7.

COMPLIANCE WITH CITY’S HIRING REQUIREMENTS - BAN THE BOX

8.

CONFLICT OF INTEREST.

9.

CONSTRUCTION OF AGREEMENT.

10.

CONVICTED FELON STATEMENT.

11.

DECLARED DISASTER.

12.

DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM.

13.

DURATION.

14.

EMPLOYEE VERIFICATION.

15.

ENTIRE AGREEMENT.

16.

NON-DISCRIMINATION.

17.

EXCLUSIVE JURISDICTION AND VENUE.

18.

EXTENSION.

19.

INCORPORATION INTO SUBCONTRACTS.

20.

INDEMNIFICATION.

21.

INDEPENDENT CONTRACTOR STATUS.

22.

LIMITATIONS OF THE CITY’S OBLIGATIONS.

23.

INVOICING.

24.

LIVING WAGES.

RFP No. 624

OF

EXCLUSION

OF

WORKER’S

1.

COMPENSATION

Page 19

 25.

NO THIRD PARTY BENEFICIARIES.

26.

NON-EXCLUSIVITY.

27.

NON-SOLICITATION.

28.

NON-WAIVER.

29.

OWNERSHIP INTEREST DISCLOSURE.

30.

PAYMENT.

31.

PERFORMANCE MEASURES.

32.

PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT.

33.

PROHIBITION ON POLITICAL ACTIVITY.

34.

REMEDIES CUMULATIVE.

35.

SEVERABILITY.

36.

SUBCONTRACTOR REPORTING.

37.

SURVIVAL.

38.

SUSPENSION.

39.

TERMINATION FOR CAUSE.

40.

TERMINATION FOR CONVENIENCE.

41.

TERMINATION FOR NON-APPROPRIATION.

42.

TERMS BINDING.

43.

WAIVER OF SICK AND ANNUAL LEAVE BENEFITS.

RFP No. 624

Page 20

 1.
ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION
COVERAGE. The Contractor herein expressly agrees and acknowledges that it is an
independent contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and
understood between the parties hereto, in entering into this Contract, that the City shall not be
liable to the Contractor for any benefits or coverage as provided by the Workmen's
Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034
anyone employed by the Contractor shall not be considered an employee of the City for the
purpose of Worker’s Compensation coverage.
2.
ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION
COVERAGE. The Contractor herein expressly declares and acknowledges that it is an
independent contractor, and as such is being hired by the City under this Contract for hire as
noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood
between the parties hereto, in entering into this Contract, or agreement for hire, and in
connection with unemployment compensation only, that:
a. The Contractor has been and will be free from any control or direction by the City over
the performance of the services covered by this contract; and
b. Services to be performed by the Contractor are outside the normal course and scope
of the City’s usual business; and
c. The Contractor has been independently engaged in performing the services listed
herein prior to the date of this Contract.
Consequently, neither the Contractor nor anyone employed by the Contractor shall be
considered an employee of the City for the purpose of unemployment compensation coverage,
the same being hereby expressly waived and excluded by the parties hereto.
3.
ASSIGNABILITY. The Contractor shall not assign any interest in this Contract and shall
not transfer any interest in the same without prior written consent of the City.
4.
AMENDMENT. The Contract shall not be modified except by written amendment
executed by duly authorized representatives of the parties.
5.

AUDIT AND INSPECTION:
a. The Contractor will submit to any City audit, inspection, and review and, at the City’s
request, will make available all documents relating or pertaining to this Contract
maintained by or under the control of the Contractor, its employees, agents, assigns,
successors and subcontractors, during normal business hours at the Contractor’s
office or place of business in Louisiana. If no such location is available, the Contractor
will make the documents available at a time and location that is convenient for the City.
b. The Contractor will abide by all provisions of City Code § 2-1120, including but not
limited to City Code § 2-1120(12), which requires the Contractor to provide the Office
of Inspector General with documents and information as requested. Failure to comply
with such requests shall constitute a material breach of the Contract. The Contractor
agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for
purposes of challenging a subpoena.

6.
CHOICE OF LAWS. This Contract shall be construed and enforced in accordance with
the laws of the State of Louisiana, without regard to its conflict of law’s provisions.
RFP No. 624

Page 21

 7.

COMPLIANCE WITH CITY’S HIRING REQUIREMENTS - BAN THE BOX.

A. The Contractor agrees to adhere to the City’s hiring requirements contained in City
Code Sections 2-8(d) and 2-13(a)-(f). Prior to executing this Agreement, Contractor must provide
a sworn statement attesting to its compliance with the City’s hiring requirements or stating why
deviation from the hiring requirements is necessary.
B. Failure to maintain compliance with the City’s hiring requirements throughout the term
of the Agreement, or to provide sufficient written reasons for deviation, is a material breach of
this Agreement. Upon learning of any such breach, the City will provide the Contractor notice of
noncompliance and allow Contractor thirty (30) days to come into compliance. If, after providing
notice and thirty (30) days to cure, the Contractor remains noncompliant, the City may move to
suspend payments to Contractor, void the Agreement, or take any such legal action permitted by
law or this Agreement.
C. This section will not apply to any agreements excluded from the City’s hiring
requirements by City Code Sections 2-8(d) or (g). Should a court of competent jurisdiction find
any part of this section to be unenforceable, the section should be reformed, if possible, so that
it is enforceable to the maximum extent permitted by law, or if reformation is not possible, the
section should be fully severable and the remaining provisions of the Agreement will remain in
full force and effect.
D. The Contractor will incorporate the terms and conditions of this Article into all
subcontracts, by reference or otherwise, and will require all subcontractors to comply with those
provisions.
8.
CONFLICT OF INTEREST. In the interest of ensuring that efforts of the Contractor do not
conflict with the interests of the City, and in recognition of the Contractor’s responsibility to the
City, the Contractor agrees to decline any offer of employment if its independent work on behalf
of the City is likely to be adversely affected by the acceptance of such employment. The initial
determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor
to notify the City and provide full disclosure of the possible effects of such employment on the
Contractor's independent work in behalf of the City. Final decision on any disputed offers of other
employment for the Contractor shall rest with the City.
9.
CONSTRUCTION OF AGREEMENT. Neither party will be deemed to have drafted the
Contract. The Contract has been reviewed by all parties and will be construed and interpreted
according to the ordinary meaning of the words used so as to fairly accomplish the purposes and
intentions of all parties. No term of the Contract will be construed or resolved in favor of or
against the City or the Contractor on the basis of which party drafted the uncertain or ambiguous
language. The headings and captions of the Contract are provided for convenience only and are
not intended to have effect in the construction or interpretation of the Contract. Where
appropriate, the singular includes the plural, and neutral words and words of any gender include
the neutral and other gender.
10.
CONVICTED FELON STATEMENT. The Contractor complies with City Code § 2-8(c)
and no principal, member, or officer of the Contractor has, within the preceding five years, been
convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of
public funds, bribery, or falsification or destruction of public records.
11.

DECLARED DISASTER.
A. Declaration. During the declaration of an emergency by federal, state, and/or local
government, the Contractor shall provide support to the City on an as-needed and task-orderdriven basis. Because of the uncertainty of the scale and/or type of emergency, the services to
RFP No. 624

Page 22

 be provided by the Contractor will vary and may need to be adjusted as needs are identified.
The Contractor may be requested to provide a range of services. Said services may need to be
rendered on a continual basis (24 hours / 7 days per week) during the declaration of an
emergency.
B. Task Order. Notification and Personnel. Prior or during the declaration of an
emergency, the City will notify the Contractor via task order if the City requires the Contractor’s
support. Upon activation by task order, the Contractor will provide the City with contact
information of personnel assigned to the task order; and coordinate with the City to identify any
personnel available to meet the City’s needs.
C. Purchase Order. Once services are identified, the City will issue a purchase order to
the Contractor. The City will issue a subsequent purchase order in case of additional needs for
services, or may issue a modified purchase order if changes are made to the initial purchase
order.
D. The Contractor will ensure that the City is provided with timely and accurate reports
and other documentation, as requested.
12.

DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM.

A. In General. The Contractor agrees to abide by the City Code sections 70-496, et
seq., to use its best efforts to carry out all applicable requirements of the City’s DBE Program for
the administration of this Agreement, as set forth in the City Code and any applicable rules
adopted thereunder. The City’s Office of Supplier Diversity (“OSD”) oversees the DBE Program
and assigns a DBE Compliance Officer (“DBECO”) to ensure compliance.
B. Monitoring. To ensure compliance with DBE requirements during the term of this
Agreement, the DBECO will monitor the Contractor’ use of DBE subcontractors/suppliers (“DBE
Entities”) through the following actions:
6.

Job site visits;

7. Electronic payment tracking via the Contract Compliance Monitoring System or
other means as approved by the OSD;
8.

Routine audits of contract payments to all subcontractors;

9.

Reviewing of records and reports; and/or

10. Interviews of selected personnel.
The DBECO may schedule inspections and on-site visits with or without prior notice to
the Contractor or DBE Entities.
C. Cooperation. The Contractor shall:
6. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s
DBE participation as well as document and maintain records of “Good Faith
Efforts” with DBE Entities.
7. Execute written contracts with DBE Entities that meet the applicable DBE goals.
a. The Contractor shall provide the DBECO with copies of said contracts within
thirty (30) days from the date this Agreement is fully executed between the
City and the Contractor.
RFP No. 624

Page 23

 b. The Contractor shall agree to promptly pay subcontractors, including DBE
Entities, in accordance with law.
8. Establish and maintain the following records for review upon request by the OSD:
c. Copies of written contracts with DBE Entities and purchase orders;
d. Documentation of payments and other transactions with DBE Entities;
e. Appropriate explanations of any changes or replacements of DBE Entities,
which may include a record of “Post-Award Good Faith Efforts” for each
certified firm that the Contractor does not use in accordance with the
approved DBE participation submission;
f.

Any other records required by the OSD.

The Contractor is required to maintain such records for three (3) years after completion
or closeout of this Agreement. Such records are necessary to determine compliance with their
DBE obligations.
9. Post monthly payments and submit regular reports to the DBECO as required via
the online “Contract Compliance Monitoring System” or other means approved by
the OSD.
e. The Contractor shall submit the initial report outlining DBE participation
within thirty (30) days from the date of notice to proceed (or equivalent
document) issued by the City to the Contractor. Thereafter, “DBE
Utilization” reports shall be due on or before the fifteenth (15th) day of each
month until all DBE subcontracting work is completed.
f.

Reports are required even when no activity has occurred in a monthly
period.

g. If the established percentage is not being met, the monthly report shall
include a narrative description of the progress being made in DBE
participation.
h. The Contractor may also be required to attach or upload copies of canceled
checks or bank statements that identify payer, payee and amount of transfer
to verify payment information as indicated on the form.
10. Conform to the established percentage as approved by the OSD.
d. The total dollar amount of the Agreement shall include approved change
orders and amendments. For a requirements contract, the total dollar
amount shall be based in actual quantities ordered.
e. No changes to the established percentage and DBE Entities submitted on
DBE Compliance Form-1 shall be allowed without approval by the OSD.
f. The City will not adjust the contract for any increase in cost due to
replacement of DBE Entities.
D. Post-Award Modification. The OSD may grant a post-award modification request if:
c. For a reason beyond the Contractor’s control, the Contractor is unable to
use the certified DBE entity submitted on DBE Compliance Form-1 to
perform the specified work. The Contractor must notify the OSD of the
RFP No. 624

Page 24

 intent for removal and substitution of a certified DBE immediately upon
determination of that the DBE submitted on Compliance Form -1 is unable
to perform the specified work. In such case, the Contractor shall use and
document “Good Faith Efforts” to find a similarly qualified and certified DBE
entity to perform such specified work. The same criteria used for
establishing “Good Faith Efforts” in maximizing the participation of DBE
Entities prior to awarding the Agreement will also apply to the substitution
of DBE subcontractors during the performance of the Agreement; or
d. The Contractor reasonably believes that, due to a change of scope,
execution of the work in accordance with the directions from the City is
unlikely to meet the established percentage or terms. In such case, the
Contractor shall use and document “Good Faith Efforts” to achieve a
reasonable amount of DBE participation on the remaining work on the
Agreement.
13.
DURATION. The services to be provided under the terms of this Contract shall begin upon
execution of Contract and shall end no later than twelve (12) months after. It is understood and
acknowledged by all signers to this Contract that work described under these terms is to be
accomplished during the time period specified herein.
14.
EMPLOYEE VERIFICATION. The Contractor swears that (i) it is registered and
participates in a status verification system to verify that all employees in the State of Louisiana
are legal citizens of the United States or are legal aliens; (ii) it shall continue, during the term of
this Agreement, to utilize a status verification system to verify the legal status of all new
employees in the State of Louisiana; and (iii) it shall require all subcontractors to submit to the
Contractor a sworn affidavit verifying compliance with items (i) and (ii) above. Any violation of the
provisions of this paragraph may subject this Agreement to termination, and may further result in
the Contractor being ineligible for any public contract for a period of three years from the date the
violation is discovered. The Contractor further acknowledges and agrees that it shall be liable for
any additional costs incurred by the City occasioned by the termination of this Agreement or the
loss of any license or permit to do business in the State of Louisiana resulting from a violation of
this provision. The Contractor will provide to the City a sworn affidavit attesting to the above
provisions if requested by the City. The City may terminate this Agreement for cause if the
Contractor fails to provide such the requested affidavit or violates any provision of this
paragraph.
15.
ENTIRE AGREEMENT. This Agreement, including all incorporated documents,
constitutes the final and complete agreement and understanding between the parties. All prior
and contemporaneous agreements and understandings, whether oral or written, are superseded
by this Agreement and are without effect to vary or alter any terms or conditions of this
Agreement.
16.

NON-DISCRIMINATION
A. Equal Employment Opportunity. In all hiring or employment made possible by, or
resulting from this Agreement, the Contractor (1) will not be discriminate against any employee
or applicant for employment because of race, sex, color, religion, gender, age, physical or mental
disability, national origin, sexual orientation, gender identity, creed, culture, or ancestry, and (2)
where applicable, will take affirmative action to ensure that the Contractor’s employees are
treated during employment without regard to their race, sex, color, religion, gender, age, physical
or mental disability, national origin, sexual orientation, gender identity, creed, culture, or
RFP No. 624

Page 25

 ancestry. This requirement shall apply to, 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.
All solicitations or advertisements for employees shall state that all qualified applicants will
receive consideration for employment without regard to race, sex, color, religion, gender, age,
physical or mental disability, national origin, sexual orientation, gender identity, creed, culture,
or ancestry.
B. Non-Discrimination. In the performance of this Agreement, the Contractor will not
discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion,
national origin, ancestry, age, sex, gender, sexual orientation, gender identity, domestic partner
status, marital status, physical or mental disability, or AIDS- or HIV-status against (1) any
employee of the City working with the Contractor in any of Contractor’s operations within Orleans
Parish or (2) any person seeking accommodations, advantages, facilities, privileges, services,
or membership in all business, social, or other establishments or organizations operated by the
Contractor. The Contractor agrees to comply with and abide by all applicable federal, state and
local laws relating to non-discrimination, including, without limitation, Title VI of the Civil Rights Act
of 1964, Section V of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of
1990.
C. The City may terminate this Agreement for cause if the Contractor fails to comply with
any obligation in this Article, which failure is a material breach of this Agreement.
17.
EXCLUSIVE JURISDICTION AND VENUE. For all claims arising out of or related to this
Contract, the Contractor hereby consents and yields to the jurisdiction of the Civil District Court
for the Parish of Orleans, and expressly waives any (A) pleas of jurisdiction based upon
Contractor’s residence and (B) right of removal to federal court based upon diversity of
citizenship.
18.
EXTENSION. This Contract may be extended at the option of the City, provided that funds
are allocated by the Council of the City and the extension of the Contract facilitates the continuity
of services provided herein. This Contract may be extended by the City for four (4) additional
one-year terms.
19.
INCORPORATION INTO SUBCONTRACTS. The Contractor will incorporate these
Contract Terms and Conditions into all subcontracts, by reference or otherwise, and will require
all subcontractors to comply with these provisions.
20.

INDEMNIFICATION.

A. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold
harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns
(collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, and
judgments of sums of money accruing against the Indemnified Parties: for loss of life or injury or
damage to persons or property arising from or relating to any act or omission or the operation of
the Contractor, its agents or employees while engaged in or in connection with the discharge or
performance of any services under this Contract; and for any and all claims and/or liens for labor,
services, or materials furnished to the Contractor in connection with the performance of work
under this Contract.
B. Limitation. The Contractor's indemnity does not extend to any loss arising from the gross
negligence or willful misconduct of any of the Indemnified Parties, provided that neither the
RFP No. 624

Page 26

 Contractor nor any of its agents or employees contributed to such gross negligence or willful
misconduct.
C. Independent Duty. The Contractor has an immediate and independent obligation to, at
the City's option: (a) defend the City from or (b) reimburse the City for its costs incurred in the
defense of any claim that actually or potentially falls within this indemnity, even if: (1) the
allegations are or may be groundless, false, or fraudulent; or (2) the Contractor is ultimately
absolved from liability.
D. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the
expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred
by the City in enforcing this indemnity.
21.
INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor
and shall not be deemed an employee, servant, agent, partner, or joint venture of the City and will
not hold itself or any of its employees, subcontractors or agents to be an employee, partner, or
agent of the City.
22.
LIMITATIONS OF THE CITY’S OBLIGATIONS. The City has no obligations not explicitly
set forth in this Agreement or any incorporated documents or expressly imposed by law.
23.
INVOICING. The Contractor must submit invoices monthly (unless agreed otherwise
between the parties to this Agreement) to the City electronically, via its supplier portal, for goods
or services provided under this Agreement no later than 10 calendar days following the end of
the period covered by the invoice. Untimely invoices may result in delayed payment for which the
City is not liable. At a minimum, each invoice must include the following information: contract or
purchase order number issued by the City, and the name of the city department to be invoiced.
The City may require changes to the form or the content of the invoice. The City may also require
additional supporting documentation to be submitted with invoices.
24.
LIVING WAGES. To the fullest extent permitted by law, the Contractor agrees to abide by
City Code sections 70-801, et seq., which requires payment of a wage to covered employees
equal to the amounts defined in the Code (“Living Wage”). If the Contractor fails to comply with
the requirements of the Living Wage during the term of the Agreement, said failure may result in
termination of the Agreement or the pursuit of other remedies by the City.
25.
NO THIRD PARTY BENEFICIARIES. The Contract is entered into for the exclusive
benefit of the City and the Contractor, and the City and the Contractor expressly disclaim any
intent to benefit anyone not a party to this Contract.
26.
NON-EXCLUSIVITY. This Contract is non-exclusive and the Contractor may provide
services to other clients, subject to the City’s approval of any potential conflicts with the
performance of this Contract and the City may engage the services of others for the provision of
some or all of the work to be performed under this Contract.
27.
NON-SOLICITATION. The Contractor has not employed or retained any company or
person, other than a bona fide employee working solely for him, to solicit or secure the subject
Contract. The Contractor has not paid or agreed to pay any person, other than a bona fide
employee working for him, any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the subject Contract.
28.
NON-WAIVER. The failure of the City to insist upon strict compliance with any provision
of the Contract, to enforce any right or to seek any remedy upon discovery of any default or
breach of the Contractor at such time as the initial discovery of the existence of such
RFP No. 624

Page 27

 noncompliance, right, default or breach shall not affect or constitute a waiver of the City’s right to
insist upon such compliance, exercise such right or seek such remedy with respect to that
default or breach or any prior contemporaneous or subsequent default or breach.
29.
OWNERSHIP INTEREST DISCLOSURE. The Contractor will provide a sworn affidavit
listing all natural or artificial persons with an ownership interest in the Contractor and stating that
no other person holds an ownership interest in the Contractor via a counter letter. For the
purposes of this provision, an “ownership interest” shall not be deemed to include ownership of
stock in a publicly traded corporation or ownership of an interest in a mutual fund or trust that
holds an interest in a publicly traded corporation. If the Contractor fails to submit the required
affidavits, the City may, after thirty (30) days’ written notice to the Contractor, take such action as
may be necessary to cause the suspension of any further payments until such the required
affidavits are submitted.
30.
PAYMENT. Unless otherwise agreed by the City, payment terms are NET 30 days upon
providing that goods and/or services described under this Agreement have been delivered,
installed (if required), rendered, and/or accepted and upon receipt by the City of properly
submitted invoice via the City’s supplier portal.
31.

PERFORMANCE MEASURES.

A. Factors. The City will measure the performance of the Contractor according to the
following non-exhaustive factors: work performed in compliance with the terms of the
Agreement; staff availability; staff training; staff professionalism; staff experience; customer
service; staff turnover; communication and accessibility; prompt and effective correction of
situations and conditions; timeliness and completeness of submission of requested
documentation (such as records, receipts, invoices, insurance certificates, and computergenerated reports).
B. Failure to Perform. If the Contractor fails to perform according to the Agreement, the
City will notify the Contractor. If there is a continued lack of performance after notification, the City
may declare the Contractor in default and may pursue any appropriate remedies available under
the Agreement and/or any applicable law. In the event of a notification of default, the City will
invoice the defaulting contractor for any increase in costs and other damages sustained by the
City. Further, the City will seek full recovery from the defaulting contractor.
32.
PROHIBITION AGAINST FINANCIAL INTEREST IN AGREEMENT. No elected official
or employee of the City shall have a financial interest, direct or indirect, in the Contract, including
through any financial interest held by the spouse, child, or parent. Any willful violation of this
provision, with the expressed or implied knowledge of the Contractor, will render this Contract
voidable by the City and shall entitle the City to recover, in addition to any other rights and
remedies available to the City, all monies paid by the City to the Contractor pursuant to this
Contract without regard to the Contractor’s satisfactory performance.
33.
PROHIBITION ON POLITICAL ACTIVITY. None of the funds, materials, property, or
services provided directly or indirectly under the terms of this Contract shall be used in the
performance of this Contract for any partisan political activity, or to further the election or defeat
of any candidate for public office.
34.
REMEDIES CUMULATIVE. No remedy set forth in the Contract or otherwise conferred
upon or reserved to any party shall be considered exclusive of any other remedy available to a
party. Rather, each remedy shall be deemed distinct, separate and cumulative and each may
RFP No. 624

Page 28

 be exercised from time to time as often as the occasion may arise or as may be deemed
expedient.
35.
SEVERABILITY. If a court of competent jurisdiction finds any provision of the Contract
to be unenforceable as written, the unenforceable provision should be reformed, if possible, so
that it is enforceable to the maximum extent permitted by law, or, if reformation is not possible,
the unenforceable provision will be fully severable and the remaining provisions of the Contract
will remain in full force and effect and will be construed and enforced as if the unenforceable
provision was never a part the Contract.
36.
SUBCONTRACTOR REPORTING. The Contractor will provide a list of all natural or
artificial persons who are retained by the Contractor at the time of the Contract’s execution and
who are expected to perform work as subcontractors in connection with the Contractor’s work for
the City. For any subcontractor proposed to be retained by the Contractor to perform work on the
Contract with the City, the Contractor must provide notice to the City within thirty (30) days of
retaining that subcontractor. If the Contractor fails to submit the required lists and notices, the City
may, after thirty (30) days’ written notice to the Contractor, take any action it deems necessary,
including, without limitation, causing the suspension of any payments, until the required lists and
notices are submitted.
37.
SURVIVAL. All representations and warranties and all obligations concerning record
retention, inspections, audits, ownership, indemnification, payment, remedies, jurisdiction,
venue, choice of law, and warranties shall survive the expiration, suspension, or termination of the
Contract and continue in full force and effect.
38.
SUSPENSION. The City may suspend this Contract at any time and for any reason by
giving two (2) business day’s written notice to the Contractor. The Contractor will resume work
upon five (5) business day’s written notice from the City.
39.
TERMINATION FOR CAUSE. The City may terminate this Agreement immediately for
cause by sending written notice to the Contractor. “Cause” includes without limitation any failure
to perform any obligation or abide by any condition of this Agreement or the failure of any
representation or warranty in this Agreement, including without limitation any failure to comply
with the requirements of the City’s Disadvantaged Business Enterprise program and any failure
to comply with any provision of City Code § 2-1120 or requests of the Office of Inspector General.
If a termination for cause is subsequently challenged in a court of law and the challenging party
prevails, the termination will be deemed to be a termination for convenience effective thirty (30)
days from the date of the original written notice of termination for cause was sent to the
challenging party; no further notice will be required.
40.
TERMINATION FOR CONVENIENCE. The City may terminate this Contract at any time
during the term of the Contract by giving the Contractor written notice of the City’s intention to
terminate at least thirty (30) days before the date of termination.
41.
TERMINATION FOR NON-APPROPRIATION. This Contract will terminate immediately
in the event of non-appropriation of funds sufficient to maintain this Contract without the
requirement of notice and the City will not be liable for any amounts beyond the funds
appropriated and encumbered for this Contract.
42.
TERMS BINDING. The terms and conditions of the Contract are binding on any heirs,
successors, transferees, and assigns.

RFP No. 624

Page 29

 43.
WAIVER OF SICK AND ANNUAL LEAVE BENEFITS. It is expressly agreed and
understood between the parties entering into this Contract that the Contractor, acting as an
independent agent, shall not receive any sick and annual leave benefits from the City of New
Orleans.
[END OF ATTACHMENT “B”]

RFP No. 624

Page 30

 City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “C”

DISADVANTAGED BUSINESS ENTERPRISE DBE) REQUIREMENTS
(Must be submitted with proposal)

RFP No. 624

Page 31

 OFFICE
OFSupplier
SUPPLIER
DIVERSITY
Office of
Diversity

Contact Office of Supplier Diversity for
questions on completing this form.
Via email: supplierdiversity@nola.gov
OR
1340 Poydras Street, 18th Floor
New Orleans, LA 70112

EQUAL BUSINESS OPPORTUNITY PROGRAMS
CITY
OF NEW ORLEANS

E RESPONSIVENESS AND DOCUMENTATION OF GOOD FAITH EFFORTS
DBE Responsiveness
DBE FORM - 1 Form-3
DBE Participation Plan

RESPONDENTS: This completed form must be furnished to the Bureau of Purchasing with your proposal. You must complete every section of the form or your proposal will be
deemed non-responsive. If a section is not applicable to your proposal, you must explain why it is not applicable or your proposal will be deemed non-responsive. You must
submit your response on the DBE Responsiveness Form 3 or your proposal will be deemed non-responsive. You may use additional pages as warranted.
RFP/RFQ/Solicitation #:

_

Date:

/

/

Description:
Name of Respondent:
Please check the appropriate space:
□ The proposer is committed to the contract goal of
□

% DBE utilization. (If selected, you must complete and submit DBE Compliance Form 1 in order to be awarded a contract.)

The proposer is unable to meet the DBE contract goal, however is committed to a minimum of
% DBE utilization and will submit documentation demonstrating good faith efforts.
(If selected, you must complete and submit DBE Compliance Form 1 and/or DBE Compliance Form-2 along with all required supporting documentation in order to be awarded a contract.)

SECTION I - DBE COMMITTEMENT TO CONTRACT GOAL: You must list all DBE firms that you have identified to participate on the contract. PLEASE NOTE: Every DBE
firm listed must be utilized on the project. To remove and/or replace a DBE firm you must submit a DBE Removal/Substitution Request Form 4 and receive approval
from the Office of Supplier Diversity to remove and/or replace the firm.
DBE FIRM & NAME of DBE

PHONE

SOURCE OF
CERTIFICATION

ESTIMATED VALUE of
PROPOSED DBE
CONTRACT
(If Known)

SCOPE OF WORK
TO BE PERFORMED BY THE DBE

(SLDBE or
LAUCP)

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTALS

$
$
$
$
$
$
$
$
$
$
$

Page 1 of 3
DBE Compliance Form-2 Revised 12/2016

ESTIMATED % OF
TOTAL CONTRACT

%
%
%
%
%
%
%
%
%
%
%

 OFFICE
OFSupplier
SUPPLIER
DIVERSITY
Office of
Diversity
EQUAL BUSINESS OPPORTUNITY PROGRAMS
CITY
OF NEW ORLEANS

E RESPONSIVENESS AND DOCUMENTATION OF GOOD FAITH EFFORTS
DBE Responsiveness
DBE FORM - 1 Form-3
DBE Participation Plan

Contact Office of Supplier Diversity for
questions on completing this form.
Via email: supplierdiversity@nola.gov
OR
1340 Poydras Street, 18th Floor
New Orleans, LA 70112

SECTION II - DBE CONFIRMATION: For the DBE firms listed above, please provide the name and signature of the firm’s authorized representative.
NAME OF DBE FIRM

PRINT NAME OF DBE FIRM’S AUTHORIZED
REPRESENTATIVE

SIGNATURE OF DBE FIRM’S AUTHORIZED
REPRESENTATIVE

DATE

SECTION III - SPECIFIC PORTIONS OF WORK IDENTIFIED FOR DBE SUBCONTRACTOR: You must list all selected scopes or portions of work that you identified to be
performed by DBE(s) and the estimated percentage value of each scope of work identified in order to increase the likelihood of meeting the contract goal for this
project.
ESTIMATED % OF
CONTRACT VALUE

SCOPE OR PORTIONS OF WORK IDENTIFIED FOR DBE PARTICIPATION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

TOTAL
Page 2 of 3
DBE Compliance Form-2 Revised 12/2016

 OFFICE
OFSupplier
SUPPLIER
DIVERSITY
Office of
Diversity

Contact Office of Supplier Diversity for
questions on completing this form.
Via email: supplierdiversity@nola.gov
OR
1340 Poydras Street, 18th Floor
New Orleans, LA 70112

EQUAL BUSINESS OPPORTUNITY PROGRAMS
CITY
OF NEW ORLEANS

E RESPONSIVENESS AND DOCUMENTATION OF GOOD FAITH EFFORTS
DBE Responsiveness
DBE FORM - 1 Form-3
DBE Participation Plan
SECTION IV - PAST PERFORMANCE: You must provide details of your firm’s past performance in compliance with DBE goals.
AGENCY NAME

PROJECT NAME

COMPLETION
DATE

SECTION V - OTHER: Please provide narrative details of any other efforts your firm will conduct to attain the DBE goal.

Page 3 of 3
DBE Compliance Form-2 Revised 12/2016

DBE PARTICIPATION
ACHIEVED

OSD
VERIFICATION

 City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “D”

TAX CLEARANCE AUTHORIZATION

RFP No. 624

Page 35

 CITY OF NEW ORLEANS
TAX CLEARANCE AUTHORIZATION
According to Section 2-8 of the Code of the City of New Orleans, the City cannot enter into or make payments
under a contract, grant or cooperative endeavor agreement with any person, corporation, or entity delinquent in
City taxes. This form supplies the needed tax clearance. This clearance is issued without prejudice to any tax
liabilities discovered by audit.
Please refer to the instructions on the back of this form
BUSINESS NAME:
REAL ESTATE TAX NUMBER:

OWNER’S NAME:

TYPE OF BUSINESS:

BUSINESS ADDRESS:
PERSONAL PROPERTY TAX NUMBER:
MAILING ADDRESS:

SALES TAX/OCCUPATIONAL LICENSE
NUMBER:

CONTACT TELEPHONE:
FAX NUMBER:
E-MAIL ADDRESS:

PRINT NAME:

TITLE:

AUTHORIZED SIGNATURE:
DATE SIGNED:
I certify that I have the authority to execute this form with respect to the tax matters covered and that the above is true
and correct. The City of New Orleans is authorized to inspect and/or receive confidential tax information.
BUREAU OF REVENUE (Room 1W15)

BUREAU OF TREASURY (Room 1W37)

This clearance covers Occupational License and Sales/Use
taxes.

This clearance covers Ad Valorem taxes for Real Estate
and Business Property taxes.

I hereby assert that after review of the taxpayer’s records of this
date that the taxpayer IS NOT delinquent in any taxes owed to
the city. This clearance covers the period today through March
1, 20 . The above clearance may be revoked for failure to
pay sales tax.

I hereby assert that after review of the taxpayer’s records
of this date that the taxpayer IS NOT delinquent in any
taxes owed to the city. This clearance covers the period
today through March 1, 20
.

COLLECTOR OF REVENUE – PRINT NAME

DATE

TREASURY CHIEF – PRINT NAME

I attest that the taxpayer named above is not delinquent in any taxes owed to the city.
DIRECTOR OF FINANCE – PRINT NAME
Version: November 2018

_

_

DATE

DATE

_

 CITY OF NEW ORLEANS
TAX CLEARANCE AUTHORIZATION
INSTRUCTIONS
This form authorizes the City of New Orleans to inspect and/or receive your confidential tax information. This
Tax Clearance Authorization will not be honored for any purpose other than contracting with the City of
New Orleans.
It is recommended that all outstanding tax and business registration be completed prior to processing the
form to expedite contract execution.
1. Complete this form by providing all of the information requested. Failure to fill in ALL information requested
will delay processing.
2. Sign and date the authorization form and submit to the Department with whom you are contracting. If the
form is not signed and dated, the form will not be processed.
3. The following requirements must be met in order for a Tax Clearance Authorization form to be approved by
the City of New Orleans.
Real Estate/Personal Property Tax
o

Businesses are required to be current in payment of all Real Estate Tax and Personal Property Tax.

o

A business can visit the City of New Orleans’ website, www.nola.gov at the Bureau of Treasury webpage to
pay outstanding Real Estate and Personal Property taxes due.

o

A business can mail outstanding tax payments to City of New Orleans, Bureau of the Treasury 1300 Perdido
St., Room 1W38, New Orleans, La. 70112.

Sales Tax/Occupational License
o

Businesses located within Orleans Parish are required to obtain an annual Occupational License. A City of
New Orleans Sales Tax number will also be issued at the same time.

o

If the business is domiciled outside of Orleans Parish, a registration is required to be completed to obtain a
Certificate of Registration and a City of New Orleans Sales Tax number.

o

If a business is not registered, a New Business Application must be completed.

o

Non-profit organizations must comply with the Occupational License requirements by completing a New
Business Application.

o

Once exempt status is confirmed for the non-profit organization, the organization is exempt from
Occupational License fees. Please be prepared to provide 501© documentation and/or Louisiana
Secretary of State Status.

o

All applications can be found on the City of New Orleans’ website, www.nola.gov, at the OneStop Shop
webpage.

o

Any questions may be forwarded to the OneStop Shop at (504)658-7100.

Version: November 2018

 Attachment “E”
CITY OF NEW ORLEANS
IDENTIFICATION OF SUBCONTRACTORS
STATE OF LOUISIANA
PARISH OF

Before me, the undersigned authority, came and appeared
being first duly sworn, deposed and said that:
1. He/She is the

, who,

and authorized representative of
, hereafter called “Respondent.”

2. The Respondent submits the attached proposal in response to City of New Orleans Proposal
#
.
3. The Respondent hereby identifies the following persons, natural or artificial, who are retained by
Respondent at the time the attached proposal is submitted and who are expected to perform work as
subcontractors in connection with the Respondent’s work for the City. Respondent hereby acknowledges and
agrees that when new subcontractors not previously named are added to the project; they must be promptly
identified to the City User Department within 48 hours of the change. The official change may not take place
unless and until the City provides its written approval.
Person(s) and Company Name (if applicable

Respondent Representative (Signature)
(Print or type name)
(Address)
Sworn to and subscribed before me,

, Notary Public, this

day of

, 20

.

Notary Public (Signature)
Notary ID#/Bar Roll #

RFP No. 624

Page 38

 Attachment “F”
CONFLICT OF INTEREST DISCLOSURE AFFIDAVIT

STATE OF LOUISIANA
PARISH OF

Before me, the undersigned authority, came and appeared
being first duly sworn, deposed and said that:
4. He/ She is the

, who,

and authorized representative of
, hereafter called “Respondent.”

5. The Respondent submits the attached proposal in response to City of New Orleans Proposal
#
.
6. The Respondent hereby confirms that a conflict(s) of interest exists/does not exist/may exist in
connection with this solicitation which might impair Respondent’s ability to perform if awarded the
contract, including any familial or business relationships that the Respondent, the proposed
subcontractors, and their principals have with city officials or employees. (If a conflict(s) of interest exists
and/or may exist, describe in a letter the nature of the conflict, the parties involved and why there is a
conflict. Attach said letter to this form).

Respondent Representative (Signature)
(Print or type name)
(Address)
Sworn to and subscribed before me,

, Notary Public, this

day of

, 20

.

Notary Public (Signature)
Notary ID#/Bar Roll #

RFP No. 624

Page 39

 Attachment “G”
AFFIDAVIT OF COMPLIANCE WITH HIRING REQUIREMENTS
STATE OF LOUISIANA
PARISH OF
Before me, the undersigned authority, came and appeared
being duly sworn, deposed and said that:
1. He/ She is the

, who, after

(title) and authorized

representative

of

(entity), the “Respondent.”
2. The Respondent submits the attached proposal in response to City of New Orleans Proposal
.

#

3. The Respondent hereby confirms that

(entity) is



compliant with the City of New Orleans’ hiring requirements contained in City Code Sections
2-8(d) and 2-13(a)-(f), unless otherwise excluded by city, state, or federal laws or regulations.



unable to comply with the City of New Orleans’ hiring requirements contained in City
Code Sections 2-8(d) and 2-13(a)-(f) for the following reasons:

.

Respondent Representative (Signature)

(Print or type name) (Address)
Sworn to and subscribed before me,
20

, Notary Public, this

day of

,

.

Notary Public (Signature)
Notary Public (print)
Notary ID#/Bar Roll #

RFP No. 624

Page 40

 City of New Orleans, Louisiana
Request for Proposals/Qualifications
COVID-19 Mass Feeding Initiative
June 1, 2020
ATTACHMENT “H”
SAMPLE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF NEW ORLEANS
AND
NAME OF CONTRACTOR
RFQ/RFP NUMBER
TITLE OF RFQ/RFP
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and
between the City of New Orleans, represented by LaToya Cantrell, Mayor (the “City”), and NAME OF
CONTRACTOR, represented by NAME AND TITLE OF INDIVIDUAL INDICATED IN PROOF
OF SIGNING AUTHORITY (the “Contractor”). The City and the Contractor may sometimes be
collectively referred to as the “Parties.” The Agreement is effective as of the date of execution by the City
(the “Effective Date”).
RECITALS
[Choose following “whereas” clauses if the City is hiring the selected the vendor as a result of
an RFQ and a subsequent RFP]
WHEREAS, on DATE OF RFQ, the City issued a request for proposals RFQ NUMBER seeking
qualified persons to provide professional services including SHORT DESCRIPTION OF SERVICES
(the “RFQ”);
WHEREAS, the Contractor submitted a proposal dated DATE OF PROPOSAL, and the City
has selected the Contractor to perform the professional services described in the RFQ.
WHEREAS, on DATE OF RFP, the City issued a request for proposals RFP NUMBER to
qualified contractors under the RFQ to provide professional services including SHORT DESCRIPTION
OF SERVICES (the “RFP”); and
WHEREAS, the Contractor submitted a proposal dated DATE OF PROPOSAL, and the City
has selected the Contractor to perform the professional services described in the RFP.
[Choose following “whereas” clauses if the City is hiring the selected vendor as a result of an
RFP]
WHEREAS, on DATE OF RFP, the City issued a request for proposals RFP NUMBER seeking
qualified persons to provide professional services including SHORT DESCRIPTION OF SERVICES
(the “RFP”); and
RFP No. 624

Page 41

 WHEREAS, the Contractor submitted a proposal dated DATE OF PROPOSAL, and the City
has selected the Contractor to perform the professional services described in the RFP.
NOW THEREFORE, the City and the Contractor agree as follows:
ARTICLE I - THE CONTRACTOR’S OBLIGATIONS
A. Services. The Contractor will, in accordance with the schedule approved by the City:
1. INSERT SCOPE OF SERVICES, TASKS, DELIVERABLES,
ACCORDANCE WITH EITHER THE RFQ/RFP OR CONTRACTOR’S PROPOSAL;

ELSE

IN

2. Perform all other services and obligations as set forth in any the following documents that
are incorporated fully into this Agreement: the RFQ AND/OR RFP; the Contractor’s proposal dated
DATE OF PROPOSAL.
3. Submit complete and accurate invoices, maintain records, submit to audits and inspections,
maintain insurance, and perform all other obligations of the Contractor as set forth in this Agreement;
4. Promptly correct any errors or omissions and any work deemed unsatisfactory
unacceptable by the City, at no additional compensation;
5. Monitor, supervise, and otherwise control and be solely responsible for all
performing work on its behalf;

or

persons

6. Perform all requirements set forth in La. R.S. 38:2192, including without limitation the
payment of any associated costs, and submit a copy of any recorded documents to the City within 30 days
after the approval of the associated plan change or amendment; and
7. Cooperate with the City and any person performing work for the City.
The City’s officers and employees are not authorized to request or instruct the Contractor to
perform any work beyond the scope or duration of this Agreement in the absence of an executed
amendment to this Agreement.
B. Standards. The Contractor, and any person performing work on its behalf, will perform all work
under this Agreement in accordance with IDENTITY ANY PROFESSIONAL OR OTHER
STANDARDS YOU ARE AWARE OF AND THAT ARE SPECIFICALLY APPLICABLE TO
THESE SERVICES.
C. Compliance with Laws. The Contractor, and any person performing work on its behalf, will
comply with all applicable federal, state, and local laws and ordinances, including, without limitation,
IDENTIFY ANY LEGAL REQUIREMENTS THAT YOU ARE AWARE OF AND THAT ARE
SPECIFICALLY APPLICABLE TO THESE SERVICES.
D. Schedule.
1. The Contractor will perform all work under this Agreement according to the following
schedule:
INSERT APPLICABLE SCHEDULE
The Contractor will submit a proposed progress schedule to the City within 14 calendar days of
receiving written authorization to proceed from the City. At a minimum, the proposed progress schedule must
include the following information and be arranged so the actual progress can be shown as work is completed:
INSERT ANY APPLICABLE SCHEDULE REQUIREMENTS.

RFP No. 624

Page 42

 2. The City has the sole right to approve, reject, or require changes to all schedules relating
to the performance of this Agreement, including, without limitation, any proposed progress schedule and
any requests for modifications.
3. The Contractor acknowledges and agrees that time is of the essence in the performance of this
Agreement.
E. Invoices.
1. The Contractor will submit INSERT CHOICE BETWEEN MONTHLY –
QUARTERLY – OR OTHER invoices for work performed under this Agreement to the City no later
than 10 calendar days following the end of the period covered by the invoice. Untimely invoices may result
in delayed payment for which the City is not liable. At a minimum, each invoice must include the following
information and supporting documentation: LIST INFORMATION AND DOCUMENTS REQUIRED
TO BE SUBMITTED WITH INVOICE.
2. All invoices must be signed by an authorized representative of the Contractor under penalty of
perjury attesting to the validity and accuracy of the invoice.
3. The City may require changes to the form of the invoice and may require additional supporting
documentation to be submitted with invoices.
F. Records and Reporting.
1. The Contractor will maintain all books, documents, papers, accounting records, invoices,
materials records, payrolls, work papers, personnel records, and other evidence pertaining to the
performance of services under this Agreement, including, without limitation, of costs incurred through the
later of XXX years from: (a) the completion of this Agreement (including any renewal or extension
periods); or (b) from the resolution of any dispute relating to the Agreement. If this Agreement is terminated
for any reason, the Contractor will deliver to the City all plans and records of work compiled through the date
of termination.
2. The Contractor will identify any reporting requirements, including the frequency, method and
contents.
3. The Contractor is solely responsible for the relevance and accuracy of all items and details
included in any reports relating to the work performed under this Agreement, regardless of any review by the
City.
G. Audit and Inspection.
1. The Contractor will submit to any City audit, inspection, and review and, at the City’s
request, will make available all documents relating or pertaining to this Agreement maintained by or under
the control of the Contractor, its employees, agents, assigns, successors and subcontractors, during normal
business hours at the Contractor’s office or place of business in Louisiana. If no such location is available,
the Contractor will make the documents available at a time and location that is convenient for the City.
2. The Contractor will abide by all provisions of City Code § 2-1120, including but not limited to
City Code § 2-1120(12), which requires the Contractor to provide the Office of Inspector General with
documents and information as requested [If this agreement is with a law firm or lawyer, add the
following: “, subject to attorney-client privilege.”]. Failure to comply with such requests shall constitute a
material breach of the contract. The Contractor agrees that it is subject to the jurisdiction of the Orleans Parish
Civil District Court for purposes of challenging a subpoena.
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 H. Insurance.
1. Except as otherwise noted, at all times during this Agreement or the performance of work
required by this Agreement, the Contractor will maintain the following insurance in full force and effect for the
duration of the work under this Agreement:
INSERT ANY APPLICABLE INSURANCE REQUIREMENTS APPROVED
BY THE CITY’S RISK MANAGER
a. Minimum Requirements:
i.

Commercial General Liability (“CGL”):

ii.

Worker’s Compensation:

iii.

Professional Liability (Errors and Omissions):

b. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions:
i.

Additional Insured Status.

ii.

Primary Coverage.

iii.

Claims Made Policies.

iv.

Waiver of Subrogation.

v.

Notice of Cancellation.

vi.

Acceptability of Insurers.

2. The Contractor will provide the City’s Risk Manager (at City of New Orleans Attn: Risk
Manager, 1300 Perdido Street, Suite 9E06, New Orleans, LA 70112 – Ref.: RFP or RFQ No. xxxxxx)
within 10 calendar days of the Effective Date and at any other time at the City’s request the following
documents:
a. Proof of coverage for each policy of insurance required by this Agreement;
b. Copy of the fully executed Agreement;
c. Copies of all policies of insurance, including all policies, forms, and endorsements; and
d. Statements disclosing any policy aggregate limit.
3. Without notice from the City, the Contractor will:
a. Replenish any policy aggregate limit that is impaired before commencement of any
work or continuation of any work under this Agreement;
b. Substitute insurance coverage acceptable to the City within 30 calendar days if any
insurance company providing any insurance with respect to this Agreement is declared
bankrupt, becomes insolvent, loses the right to do business in Louisiana, or ceases to
meet the requirements of this Agreement; and
c. Notify the City’s Risk Manager in writing within 48 hours of its receipt of any notice
of non-renewal, cancellation, or reduction in coverage or limits affecting any policy of
insurance maintained under this Agreement.

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 I. Indemnity.
1. To the fullest extent permitted by law, the Contractor will indemnify, defend, and hold
harmless the City, its agents, employees, officials, insurers, self-insurance funds, and assigns (collective ly,
the “Indemnified Parties”) from and against any and all claims, demands, suits, and judgments of sums
of money accruing against the Indemnified Parties: for loss of life or injury or damage to persons or
property arising from or relating to any act or omission or the operation of the Contractor, its agents,
subcontractors, or employees while engaged in or in connection with the discharge or performance of any
work under this Agreement; and for any and all claims and/or liens for labor, services, or materials
furnished to the Contractor in connection with the performance of work under this Agreement.
2. Limitation. The Contractor’s indemnity does not extend to any loss arising from the gross
negligence or willful misconduct of any of the Indemnified Parties, provided that neither the Contractor
nor any of its agents, subcontractors, or employees contributed to such gross negligence or willful
misconduct.
3. Independent Duty. The Contractor has an immediate and independent obligation to, at the
City’s option: (a) defend the City from or (b) reimburse the City for its costs incurred in the defense of
any claim that actually or potentially falls within this indemnity, even if: (a) the allegations are or may be
groundless, false, or fraudulent; or (b) the Contractor is ultimately absolved from liability.
4. Expenses. Notwithstanding any provision to the contrary, the Contractor shall bear the
expenses including, but not limited to, the City's reasonable attorney fees and expenses, incurred by the
City in enforcing this indemnity.
ARTICLE II - REPRESENTATIONS AND WARRANTIES
A. The Contractor represents and warrants to the City that:
1. The Contractor, through its duly authorized representative, has the full power and authority
to enter into and execute this Agreement;
2. The Contractor has the requisite expertise, qualifications, staff, materials, equipment,
licenses, permits, consents, registrations, and certifications in place and available for the performance of
all work required under this Agreement;
3. The Contractor is bonded, if required by law, and fully and adequately insured for any
injury or loss to its employees and any other person resulting from the actions or omissions of the
Contractor, its employees, or its subcontractors in the performance of this Agreement;
4. The Contractor is not under any obligation to any other person that is inconsistent or in
conflict with this Agreement or that could prevent, limit, or impair the Contractor’s performance of this
Agreement;
5. The Contractor has no knowledge of any facts that could prevent, limit, or impair the
performance of this Agreement, except as otherwise disclosed to the City and incorporated into this
Agreement;
6. The Contractor is not in breach of any federal, state, or local statute or regulation applicable
to the Contractor or its operations;
7. Any rate of compensation established for the performance of services under this Agreement
are no higher than those charged to the Contractor’s most favored customer for the same or substantially similar
services;
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 8. The Contractor has read and fully understands this Agreement and is executing this
Agreement willingly and voluntarily; and
9. All of the representations and warranties in this Article and elsewhere in this Agreement
are true and correct as of the date of this Agreement by the Contractor and the execution of this Agreement
by the Contractor’s representative constitutes a sworn statement, under penalty of perjury, by the
Contractor as to the truth of the foregoing representations and warranties.
B. Convicted Felon Statement. The Contractor complies with City Code § 2-8(c) and no
principal, member, or officer of the Contractor has, within the preceding 5 years, been convicted of, or
pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or
falsification or destruction of public records.
C. Non-Solicitation Statement. The Contractor has not employed or retained any company or
person, other than a bona fide employee working solely for it, to solicit or secure this Agreement. The
Contractor has not paid or agreed to pay any person, other than a bona fide employee working for it, any fee,
commission, percentage, gift, or any other consideration contingent upon or resulting from this Agreement.
[If this agreement is with a law firm or lawyer, add the following:]
D. Conflict Of Interest. The Contractor expressly acknowledges that this Agreement is for the
performance of professional legal services on behalf of the Client, the City. Therefore, Contractor further
acknowledges that it is bound by the Louisiana Rules of Professional Conduct. Contractor represents that it
has performed a conflicts check and affirms that no actual, perceived or potential conflicts exist. Contractor
acknowledges that it has an ongoing obligation to identify potential conflicts and to decline representation
which presents a conflict. Any request for a conflict waiver must be presented to the City Attorney in writing in
accordance with the Louisiana Rules of Professional Conduct. Nevertheless, the City Attorney is under no
obligation to approve conflict waiver requests.
E. Employee Verification. The Contractor swears that (i) it is registered and participates in a
status verification system to verify that all employees in the State of Louisiana are legal citizens of the
United States or are legal aliens; (ii) it shall continue, during the term of this Agreement, to utilize a status
verification system to verify the legal status of all new employees in the State of Louisiana; and (iii) it
shall require all subcontractors to submit to the Contractor a sworn affidavit verifying compliance with
items (i) and (ii) above. Any violation of the provisions of this paragraph may subject this Agreement to
termination, and may further result in the Contractor being ineligible for any public contract for a period
of 3 years from the date the violation is discovered. The Contractor further acknowledges and agrees that
it shall be liable for any additional costs incurred by the City occasioned by the termination of this
Agreement or the loss of any license or permit to do business in the State of Louisiana resulting from a
violation of this provision. The Contractor will provide to the City a sworn affidavit attesting to the above
provisions if requested by the City. The City may terminate this Agreement for cause if the Contractor
fails to provide such the requested affidavit or violates any provision of this paragraph.
[If scope of work involves public works/construction, substituting the prior language by the
following:]
Employee Verification. The Contractor swears that (i) it is in compliance with La. R.S.
38:2212.10, and is registered and participates in a status verification system to verify that
all employees in the State of Louisiana are legal citizens of the United States or are legal
aliens; (ii) it shall continue, during the term of this Agreement, to utilize a status
verification system to verify the legal status of all new employees in the State of Louisiana;
and (iii) it shall require all subcontractors to submit to the Contractor a sworn affidavit
RFP No. 624

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 verifying compliance with items (i) and (ii) above. Any violation of the provisions of this
paragraph may subject this Agreement to termination, and may further result in the Contractor
being ineligible for any public contract for a period of 3 years from the date the violation is
discovered. The Contractor further acknowledges and agrees that it shall be liable for any
additional costs incurred by the City occasioned by the termination of this Agreement or the
loss of any license or permit to do business in the State of Louisiana resulting from a violation
of La. R.S. 38:2212.10. The Contractor will provide to the City a sworn affidavit attesting to
the above provisions if requested by the City. The City may terminate this Agreement for cause
if the Contractor fails to provide such the requested affidavit or violates any provision of this
paragraph.
F. The Contractor acknowledges that the City is relying on these representations and warranties
and Contractor’s expertise, skill, and knowledge and that the Contractor’s obligations and liabilities will
not be diminished by reason of any approval by the City.
ARTICLE III - THE CITY’S OBLIGATIONS
A. Administration. The City will:
1. Administer this Agreement through the NAME OF THE CITY DEPARTMEN T
RESPONSIBLE FOR MONITORING THIS AGREEMENT;
2. Provide the Contractor IDENTIFY ANY SPECIFIC DOCUMENTS TO
BE
PROVIDED and other documents deemed necessary for the Contractor’s performance of any work
required under this Agreement;
3. Provide access to Department personnel to discuss the required services during normal
working hours, as requested by the Contractor; and
4. INSERT ANY ADDITIONAL OBLIGATIONS FOR THE CITY.
B. Payment. The City will make payments to the Contractor at the rate of
established in this Agreement based upon the Contractor’s certified invoices, except:

compensation

1. The City’s obligation to pay is contingent upon the Contractor’s: (a) submission of a
complete and accurate invoice; (b) satisfactory performance of the services and conditions required by
this Agreement;
2. The City, in its discretion, may withhold payment of any disputed amounts, and no interest
shall accrue on any amount withheld pending the resolution of the dispute;
3. The City may set off any amounts due to the Contractor against any amounts deemed by
the City to be owed to the City by the Contractor pursuant this Agreement; and
4. All compensation owed to the Contractor under this Agreement is contingent upon the
appropriation and allocation of funds for work under this Agreement by the City.
5. The City is not obligated under any circumstances to pay for any work performed or costs
incurred by the Contractor that: exceed the maximum aggregate amount payable established by this
Agreement; are beyond the scope or duration of this Agreement; arise from or relate to the any change
order within the scope of the Agreement; are for services performed on days on which services were
suspended, due to circumstances beyond the control of the City, and no work has taken place; arise from
or relate to the correction of errors or omissions of the Contractor or its subcontractors; or the City is not
expressly obligated to pay under this Agreement.
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 6. If this Agreement is terminated for any reason, the City will pay the Contractor only for the
work requested by the City and satisfactorily performed by the Contractor through the date of termination,
except as otherwise provided in this Agreement.
ARTICLE IV - COMPENSATION
A. Rate of Compensation.
1. The City will pay the Contractor in accordance with the following rate: INSERT RATE OF
COMPENSATION.
2. This Agreement does not guarantee any amount of work or compensation except as
specifically authorized by the City in accordance with the terms and conditions of this Agreement.
3. The stated compensation is inclusive, and includes no additional amounts for, the Contractor’s
costs, including without limitation all expenses relating to overhead, administration, subcontractors, employees,
bid preparation, bonds, scheduling, invoicing, insurance, record retention, reporting, inspections, audits, the
correction of errors and omissions, or minor changes within the scope of this Agreement. The City will not
consider or be obligated to pay or reimburse the Contractor any other charges or fees and the Contractor will
not be entitled to any additional compensation or reimbursement, except otherwise specifically provided in
the Agreement.
4. The Contractor immediately will notify the City in writing of any reduction to the rate of
compensation for its most favored customer and the rate of compensation established by this Agreement
automatically will adjust to the reduced rate effective as of the effective date of the reduction for the most
favored customer.
B. Maximum Amount. The maximum aggregate amount payable by the City under this Agreement
is $INSERT NUMERICAL MAXIMUM DOLLAR AMOUNT.
ARTICLE V - DURATION AND TERMINATION
A. Initial Term. The term of this agreement shall be for 1 year, beginning the Effective Date,
provided there is an encumbrance of funds by the requesting department made from the funds allotted by the
Chief Administrative Officer, which are derived from appropriations made by the City Council. This Agreement
shall automatically terminate with respect to any period of time for which funds are not so encumbered.
B. Extension. This Agreement may be extended at the option of the City, provided that funds are
allocated by the City Council and the extension of the Agreement facilitates the continuity of services provided
herein. This Agreement may be extended by the City for 4 additional one-year terms.
C. Termination for Convenience. The City may terminate this Agreement at any time during the
term of the Agreement by giving the Contractor written notice of the termination at least 30 calendar days
before the intended date of termination.
D. Termination for Non-Appropriation. This Agreement will terminate immediately in the event
of non-appropriation of funds sufficient to maintain this Agreement without the requirement of notice and
the City will not be liable for any amounts beyond the funds appropriated and encumbered for this
Agreement.
E. Termination for Cause. The City may terminate this Agreement immediately for cause by sending
written notice to the Contractor. “Cause” includes without limitation any failure to perform any obligation or
abide by any condition of this Agreement or the failure of any representation or warranty in this Agreement,
including without limitation any failure to comply with the requirements of the City’s Disadvantaged Business
Enterprise program and any failure to comply with any provision of City Code §2-1120 or requests of the
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 Office of Inspector General. If a termination for cause is subsequently challenged in a court of law and the challenging
party prevails, the termination will be deemed to be a termination for convenience effective 30 days from the date of the
original written notice of termination for cause was sent to the challenging party; no further notice will be required.

F. Suspension. The City may suspend this Agreement at any time and for any reason by giving
2 business day’s written notice to the Contractor. The Contractor will resume work upon 5 business day’s
written notice from the City.
ARTICLE VI – DECLARED DISASTER
A. Declaration. During the declaration of an emergency by federal, state, and/or local
government, the Contractor shall provide support to the City on an as-needed and task-order-driven basis.
Because of the uncertainty of the scale and/or type of emergency, the services to be provided by the
Contractor will vary and may need to be adjusted as needs are identified. The Contractor may be requested
to provide a range of services. Said services may need to be rendered on a continual basis (24 hours / 7
days per week) during the declaration of an emergency.
B. Task Order. Notification and Personnel. Prior or during the declaration of an emergency, the
City will notify the Contractor via task order if the City requires the Contractor’s support. Upon activation by
task order, the Contractor will provide the City with contact information of personnel assigned to the task
order; and coordinate with the City to identify any personnel available to meet the City’s needs.
C. Purchase Order. Once services are identified, the City will issue a purchase order to the
Contractor. The City will issue a subsequent purchase order in case of additional needs for services, or
may issue a modified purchase order if changes are made to the initial purchase order.
D. The Contractor will ensure that the City is provided with timely and accurate reports and other
documentation, as requested.
ARTICLE VII - PERFORMANCE MEASURES
A. Factors. The City will measure the performance of the Contractor according to the following nonexhaustive factors: work performed in compliance with the terms of the Agreement; staff availability; staff
training; staff professionalism; staff experience; customer service; communication and accessibility; prompt
and effective correction of situations and conditions; timeliness and completeness of submission of
requested documentation (such as records, receipts, invoices, insurance certificates, and computer- generated
reports).
B. Failure to Perform. If the Contractor fails to perform according to the Agreement, the City will
notify the Contractor. If there is a continued lack of performance after notification, the City may declare the
Contractor in default and may pursue any appropriate remedies available under the Agreement and/or any
applicable law. In the event of a notification of default, the City will invoice the defaulting contractor for any
increase in costs and other damages sustained by the City. Further, the City will seek full recovery from the
defaulting contractor.
ARTICLE VIII – LIVING WAGES
To the fullest extent permitted by law, the Contractor agrees to abide by City Code sections 70- 801, et
seq., which requires payment of a wage to covered employees equal to the amounts defined in the Code
(“Living Wage”). If the Contractor fails to comply with the requirements of the Living Wage during the term
of the Agreement, said failure may result in termination of the Agreement or the pursuit of other remedies by the
City.

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 ARTICLE IX - DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PROGRAM
A. In General. The Contractor agrees to abide by the City Code sections 70-496, et seq., to use
its best efforts to carry out all applicable requirements of the City’s DBE Program for the administration of
this Agreement, as set forth in the City Code and any applicable rules adopted thereunder. The City’s Office of
Supplier Diversity (“OSD”) oversees the DBE Program and assigns a DBE Compliance Officer (“DBECO”) to
ensure compliance.
B. Monitoring. To ensure compliance with DBE requirements during the term of this Agreement,
the DBECO will monitor the Contractor’ use of DBE subcontractors/suppliers (“DBE Entities”) through
the following actions:
11. Job site visits;
12. Electronic payment tracking via the Contract Compliance Monitoring System or other
means as approved by the OSD;
13. Routine audits of contract payments to all subcontractors;
14. Reviewing of records and reports; and/or
15. Interviews of selected personnel.
The DBECO may schedule inspections and on-site visits with or without prior notice to the Contractor
or DBE Entities.
C. Cooperation. The Contractor shall:
11. Designate an individual as the “DBE Liaison” who will monitor the Contractor’s DBE
participation as well as document and maintain records of “Good Faith Efforts” with DBE
Entities.
12. Execute written contracts with DBE Entities that meet the applicable DBE goals.
e. The Contractor shall provide the DBECO with copies of said contracts within 30 days
from the date this Agreement is fully executed between the City and the Contractor.
f.

The Contractor shall agree to promptly pay subcontractors, including DBE Entities, in
accordance with law.
13. Establish and maintain the following records for review upon request by the OSD:
i.

Copies of written contracts with DBE Entities and purchase orders;

j.

Documentation of payments and other transactions with DBE Entities;

k. Appropriate explanations of any changes or replacements of DBE Entities, which
may include a record of “Post-Award Good Faith Efforts” for each certified firm
that the Contractor does not use in accordance with the approved DBE participation
submission;
l.

Any other records required by the OSD.

The Contractor is required to maintain such records for 3 years after completion or closeout of this
Agreement. Such records are necessary to determine compliance with their DBE obligations.
14. Post monthly payments and submit regular reports to the DBECO as required via the online
“Contract Compliance Monitoring System” or other means approved by the OSD.

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 i.

The Contractor shall submit the initial report outlining DBE participation within 30 days
from the date of notice to proceed (or equivalent document) issued by the City to the
Contractor. Thereafter, “DBE Utilization” reports shall be due on or before the
fifteenth day of each month until all DBE subcontracting work is completed.

j.

Reports are required even when no activity has occurred in a monthly period.

k. If the established percentage is not being met, the monthly report shall include a
narrative description of the progress being made in DBE participation.
l.

The Contractor may also be required to attach or upload copies of canceled checks or
bank statements that identify payer, payee and amount of transfer to verify payment
information as indicated on the form.

15. Conform to the established percentage as approved by the OSD.
g. The total dollar amount of the Agreement shall include approved change orders and
amendments. For a requirements contract, the total dollar amount shall be based in
actual quantities ordered.
h. No changes to the established percentage and DBE Entities submitted on DBE
Compliance Form-1 shall be allowed without approval by the OSD.
i.

The City will not adjust the contract for any increase in cost due to replacement of DBE
Entities.

D. Post-Award Modification. The OSD may grant a post-award modification request if:
e. For a reason beyond the Contractor’s control, the Contractor is unable to use the
certified DBE entity submitted on DBE Compliance Form-1 to perform the specified
work. The Contractor must notify the OSD of the intent for removal and substitution of
a certified DBE immediately upon determination of that the DBE submitted on
Compliance Form -1 is unable to perform the specified work. In such case, the
Contractor shall use and document “Good Faith Efforts” to find a similarly qualified and
certified DBE entity to perform such specified work. The same criteria used for
establishing “Good Faith Efforts” in maximizing the participation of DBE Entities
prior to awarding the Agreement will also apply to the substitution of DBE
subcontractors during the performance of the Agreement; or
f.

The Contractor reasonably believes that, due to a change of scope, execution of the
work in accordance with the directions from the City is unlikely to meet the established
percentage or terms. In such case, the Contractor shall use and document “Good
Faith Efforts” to achieve a reasonable amount of DBE participation on the
remaining work on the Agreement.
ARTICLE X - NON-DISCRIMINATION

A. Equal Employment Opportunity. In all hiring or employment made possible by, or resulting
from this Agreement, the Contractor (1) will not be discriminate against any employee or applicant for
employment because of race, color, religion, gender, age, physical or mental disability, national origin,
sexual orientation, creed, culture, or ancestry, and (2) where applicable, will take affirmative action to
ensure that the Contractor’s employees are treated during employment without regard to their race, color,
religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or
ancestry. This requirement shall apply to, but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
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 forms of compensation, and selection for training, including apprenticeship. All solicitations or
advertisements for employees shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, gender, age, physical or mental disability, national
origin, sexual orientation, creed, culture, or ancestry.
B. Non-Discrimination. In the performance of this Agreement, the Contractor will not
discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national
origin, ancestry, age, sex (gender), sexual orientation, gender identity, domestic partner status, marital
status, physical or mental disability, or AIDS- or HIV-status against (1) any employee of the City working
with the Contractor in any of Contractor’s operations within Orleans Parish or (2) any person seeking
accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other
establishments or organizations operated by the Contractor. The Contractor agrees to comply with and abide
by all applicable federal, state and local laws relating to non-discrimination, including, without limitation, Title
VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990.
C. Incorporation into Subcontracts. The Contractor will incorporate the terms and conditions of this
Article into all subcontracts, by reference or otherwise, and will require all subcontractors to comply with those
provisions.
D. The City may terminate this Agreement for cause if the Contractor fails to comply with any
obligation in this Article, which failure is a material breach of this Agreement.
ARTICLE XI - INDEPENDENT CONTRACTOR
A. Independent Contractor Status. The Contractor is an independent contractor and shall not be
deemed an employee, servant, agent, partner, or joint venture of the City and will not hold itself or any of
its employees, subcontractors or agents to be an employee, partner, or agent of the City.
B. Exclusion of Worker’s Compensation Coverage. The City will not be liable to the Contractor,
as an independent contractor as defined in La. R.S. 23:1021(6), for any benefits or coverage as provided by
the Workmen’s Compensation Law of the State of Louisiana. Under the provisions of La. R.S. 23:1034, any
person employed by the Contractor will not be considered an employee of the City for the purpose of
Worker’s Compensation coverage.
C. Exclusion of Unemployment Compensation Coverage. The Contractor, as an independent
contractor, is being hired by the City under this Agreement for hire and defined in La. R.S. 23:1472(E)
and neither the Contractor nor anyone employed by it will be considered an employee of the City for the
purpose of unemployment compensation coverage, which coverage same being hereby expressly waived
and excluded by the parties, because: (a) the Contractor has been and will be free from any control or
direction by the City over the performance of the services covered by this contract; (b) the services to be
performed by the Contractor are outside the normal course and scope of the City’s usual business; and (c)
the Contractor has been independently engaged in performing the services required under this Agreement
prior to the date of this Agreement.
D. Waiver of Benefits. The Contractor, as an independent contractor, will not receive from the
City any sick and annual leave benefits, medical insurance, life insurance, paid vacations, paid holidays,
sick leave, pension, or Social Security for any services rendered to the City under this Agreement.
ARTICLE XII - NOTICE
A. In General. Except for any routine communication, any notice, demand, communication, or
request required or permitted under this Agreement will be given in writing and delivered in person or by
certified mail, return receipt requested as follows:
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 1. To the City:
NAME AND ADDRESS OF THE CITY DEPARTMENT RESPONSIBLE FOR
MONITORING THIS AGREEMENT
&
City Attorney
City of New Orleans
1300 Perdido Street, Suite 5E03
New Orleans, LA 70112
2. To the Contractor:
NAME AND ADDRESS OF POINT OF CONTACT FOR CONTRACTOR TO
RECEIVE NOTICES
B. Effectiveness. Notices are effective when received, except any notice that is not received due
to the intended recipient’s refusal or avoidance of delivery is deemed received as of the date of the first
attempted delivery.
C. Notification of Change. Each party is responsible for notifying the other in writing that references
this Agreement of any changes in its address(es) set forth above.
ARTICLE XIII - ADDITIONAL PROVISIONS
A. Amendment. No amendment of or modification to this Agreement shall be valid unless and
until executed in writing by the duly authorized representatives of both parties to this Agreement.
B. Assignment. This Agreement and any part of the Contractor’s interest in it are not assignable or
transferable without the City’s prior written consent.
C. Choice of Law. This Agreement will be construed and enforced in accordance with the laws
of the State of Louisiana without regard to its conflict of law’s provisions.
D. Conflicting Employment. To ensure that the Contractor’s efforts do not conflict with the
City’s interests, and in recognition of the Contractor’s obligations to the City, the Contractor will decline
any offer of other employment if its performance of this Agreement is likely to be adversely affected by
the acceptance of the other employment. The Contractor will promptly notify the City in writing of its
intention to accept the other employment and will disclose all possible effects of the other employment on
the Contractor’s performance of this Agreement. The City will make the final determination whether the
Contractor may accept the other employment.
E. Construction of Agreement. Neither party will be deemed to have drafted this Agreement. This
Agreement has been reviewed by all parties and shall be construed and interpreted according to the ordinary
meaning of the words used so as to fairly accomplish the purposes and intentions of all parties. No term
of this Agreement shall be construed or resolved in favor of or against the City or the Contractor on the
basis of which party drafted the uncertain or ambiguous language. The headings and captions of this
Agreement are provided for convenience only and are not intended to have effect in the construction or
interpretation of this Agreement. Where appropriate, the singular includes the plural and neutral words and
words of any gender shall include the neutral and other gender.
F. Entire Agreement. This Agreement, including all incorporated documents, constitutes the final
and complete agreement and understanding between the parties. All prior and contemporaneous agreements
and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary
or alter any terms or conditions of this Agreement.
RFP No. 624

Page 53

 G. Exhibits. The following exhibits will be and are incorporated into this Agreement: [List of all
exhibits to incorporate in the Agreement.]
H. Jurisdiction. The Contractor consents and yields to the jurisdiction of the State Civil Courts
of the Parish of Orleans and formally waives any pleas or exceptions of jurisdiction on account of the
residence of the Contractor.
I. Limitations of the City’s Obligations. The City has no obligations not explicitly set forth in this
Agreement or any incorporated documents or expressly imposed by law.
J. No Third Party Beneficiaries. This Agreement is entered into for the exclusive benefit of the
parties and the parties expressly disclaim any intent to benefit anyone not a party to this Agreement.
K. Non-Exclusivity. This Agreement is non-exclusive and the Contractor may provide services
to other clients, subject to the City’s approval of any potential conflicts with the performance of this
Agreement and the City may engage the services of others for the provision of some or all of the work to
be performed under this Agreement.
L. Non-Waiver. The failure of either party to insist upon strict compliance with any provision of
this Agreement, to enforce any right or to seek any remedy upon discovery of any default or breach of the
other party at such time as the initial discovery of the existence of such noncompliance, right, default or breach
shall not affect or constitute a waiver of either party’s right to insist upon such compliance, exercise such right
or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent
default or breach.
M. Order of Documents. In the event of any conflict between the provisions of this Agreement any
incorporated documents, the terms and conditions of the documents will apply in this order: the Agreement;
[List of all incorporated documents in descending order.]
N. Ownership Interest Disclosure. The Contractor will provide a sworn affidavit listing all
natural or artificial persons with an ownership interest in the Contractor and stating that no other person
holds an ownership interest in the Contractor via a counter letter. For the purposes of this provision, an
“ownership interest” shall not be deemed to include ownership of stock in a publicly traded corporation
or ownership of an interest in a mutual fund or trust that holds an interest in a publicly traded corporation.
If the Contractor fails to submit the required affidavits, the City may, after 30 days’ written notice to the
Contractor, take such action as may be necessary to cause the suspension of any further payments until such
the required affidavits are submitted.
O. Ownership of Records. Upon final payment, all data collected and all products of work
prepared, created or modified by Contractor in the performance of this Agreement, including without
limitation any and all notes, tables, graphs, reports, files, computer programs, source code, documents,
records, disks, original drawings or other such material, regardless of form and whether finished or
unfinished, but excluding the Contractor’s personnel and administrative records and any tools, systems,
and information used by the Contractor to perform the services under this Agreement, including computer
software (object code and source code), know-how, methodologies, equipment, and processes and any
related intellectual property (collectively, “Work Product”) will be the exclusive property of City and the
City will have all right, title and interest in any Work Product, including without limitation the right to
secure and maintain any copyright, trademark, or patent of Work Product in the City’s name. No Work
Product may be reproduced in any form without the City’s express written consent. The City may use and
distribute any Work Product for any purpose the City deems appropriate without the Contractor’s consent
and for no additional consideration to the Contractor.
P. Prohibition of Financial Interest in Agreement. No elected official or employee of the City
RFP No. 624

Page 54

 shall have a financial interest, direct or indirect, in this Agreement. For purposes of this provision, a financial
interest held by the spouse, child, or parent of any elected official or employee of the City shall be deemed to be
a financial interest of such elected official or employee of the City. Any willful violation of this provision, with
the expressed or implied knowledge of Contractor, shall render this Agreement voidable by the City and shall
entitle the City to recover, in addition to any other rights and remedies available to the City, all monies
paid by the City to Contractor pursuant to this Agreement without regard to Contractor’s otherwise
satisfactory performance of the Agreement.
Q. Prohibition on Political Activity. None of the funds, materials, property, or services provided
directly or indirectly under the terms of this Agreement shall be used in the performance of this Agreement
for any partisan political activity, or to further the election or defeat of any candidate for public office.
R. Remedies Cumulative. No remedy set forth in the Agreement or otherwise conferred upon or
reserved to any party shall be considered exclusive of any other remedy available to a party. Rather, each
remedy shall be deemed distinct, separate and cumulative and each may be exercised from time to time as often
as the occasion may arise or as may be deemed expedient.
S. Severability. Should a court of competent jurisdiction find any provision of this Agreement to
be unenforceable as written, the unenforceable provision should be reformed, if possible, so that it is
enforceable to the maximum extent permitted by law or, if reformation is not possible, the unenforceable
provision shall be fully severable and the remaining provisions of the Agreement remain in full force and
effect and shall be construed and enforced as if the unenforceable provision was never a part the
Agreement.
[This provision or a similar one must be added if the agreement is paid for by federal
funds (CDBG, FEMA, HUD, else):]
T. Special Conditions for XXXX Contracts. The “XXXX Compliance Provisions for
Professional Services Contracts,” attached as Exhibit “ ” to this Agreement, are expressly incorporated
in the Agreement and will be effective, notwithstanding any provision of the Agreement or any
incorporated documents, to the contrary, upon the City’s notice to the Contractor that the City intends to
seek reimbursement from the XXXXX Program in connection with the work to be performed under this
Agreement.
U. Subcontractor Reporting. The Contractor will provide a list of all natural or artificial persons
who are retained by the Contractor at the time of the Agreement’s execution and who are expected to perform
work as subcontractors in connection with the Contractor’s work for the City. For any subcontractor
proposed to be retained by the Contractor to perform work on the Agreement with the City, the Contractor
must provide notice to the City within 30 days of retaining that subcontractor. If the Contractor fails to submit
the required lists and notices, the City may, after thirty 30 days’ written notice to the Contractor, take any
action it deems necessary, including, without limitation, causing the suspension of any payments, until the
required lists and notices are submitted.
V. Survival of Certain Provisions. All representations and warranties and all obligations concerning
record retention, inspections, audits, ownership, indemnification, payment, remedies, jurisdiction, choice of
law, and IDENTIFY ANY OTHER PROVISIONS THAT SHOULD SURVIVE TERMINATION shall
survive the expiration, suspension, or termination of this Agreement and continue in full force and effect.
W. Terms Binding. The terms and conditions of this Agreement are binding on any heirs, successors,
transferees, and assigns.

RFP No. 624

Page 55

 [This is a new provision under which the City will now accept a digital copy of the signed
agreement sent via email by the contractor/vendor/consultant instead of an original via
regular mail.
However, acceptance by the City is conditioned upon 3 elements: (1) this provision must be
inserted in the agreement, (2) the signature on the original must be in BLUE INK, and (3) the
digital copy must be in color (no black and white digital copy).]
ARTICLE XV - ELECTRONIC SIGNATURE AND DELIVERY
The Parties agree that a manually signed copy of this Agreement and any other document(s)
attached to this Agreement delivered by email shall be deemed to have the same legal effect as delivery
of an original signed copy of this Agreement. No legally binding obligation shall be created with respect
to a party until such party has delivered or caused to be delivered a manually signed copy of this
Agreement.
[The remainder of this page is intentionally left blank]
[SIGNATURES CONTAINED ON NEXT PAGE]

RFP No. 624

Page 56

 IN WITNESS WHEREOF, the City
representatives, execute this Agreement.

and the

Contractor, through their duly authorized

CITY OF NEW ORLEANS
BY:
LaTOYA CANTRELL, MAYOR
Executed on this

of

, 20

FORM AND LEGALITY APPROVED:
Law Department
By:
Printed Name:

NAME OF CONTRACTOR

BY:
NAME AND TITLE OF INDIVIDUAL INDICATED IN PROOF OF SIGNING
AUTHORITY
FEDERAL TAX I.D. OR SOCIAL SECURITY NO. [Do not insert this number in
any drafts of the agreement. This information is confidential and should only be filled
out by contractor/vendor/consultant when the individual signs the agreement. This
information shall not be published]

RFP No. 624

Page 57

 City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “J”
HUD COMPLIANCE PROVISIONS
FOR
DIRECT GRANTEE
CONSTRUCTION AND PROFESSIONAL SERVICES CONTRACTS
CONTENTS
1.
2.
3.
4.
5.
6.
7.

8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.

EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause)
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION
CONTRACT SPECIFICATIONS
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
CERTIFICATION OF NONSEGREGATED FACILITIES
CIVIL RIGHTS
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS
OPPORTUNITIES (Section 3 Clause)
SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793)
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
AGE DISCRIMINATION ACT OF 1975
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND
ACCIDENT PREVENTION
FLOOD DISASTER PROTECTION
ACCESS TO RECORDS - MAINTENANCE OF RECORDS
INSPECTION
REPORTING REQUIREMENTS
CONFLICT OF INTEREST
ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246, AS
AMENDED
PATENTS
COPYRIGHT
TERMINATION FOR CAUSE
TERMINATION FOR CONVENIENCE
ENERGY EFFICIENCY
SUBCONTRACTS
DEBARMENT, SUSPENSION, AND INELIGIBILITY
PROTECTION OF LIVES AND HEALTH

RFP No. 624

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 27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.

BREACH OF CONTRACT TERMS
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
CHANGES
PERSONNEL
ANTI-KICKBACK RULES
ASSIGNABILITY
INTEREST OF CONTRACTOR
POLITICAL ACITIVITY
COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET
DISCRIMINATION DUE TO BELIEFS
CONFIDENTIAL FINDINGS
LOBBYING
FEDERAL LABOR STANDARDS PROVISIONS
SOLID WASTE DISPOSAL ACT
CONFIDENTIALITY
REPAYMENT OF FUNDS
DUPLICATION OF BENEFITS
LIMITED ENGLISH PROFICIENCY (LEP)

1.

EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause)
(Applicable to contracts and subcontracts exceeding $10,000)

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 nondiscrimination 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 to be provided by the
Contract Compliance Officer advising the said labor union or workers' representatives of the
Contractor's 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, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor.

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 E.

The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, as amended, 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 noncompliance 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 for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, as amended, 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, as amended, so that such provisions will be
binding upon each Contractor 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 noncompliance. Provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a Contractor 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.

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS
(Applicable to contracts and subcontracts exceeding $10,000)

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:

RFP No. 624

(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 America or
other Spanish Culture or origin, regardless of race);

Page 60

 (c)

Asian and Pacific Islander (all persons having origins in any of the original people
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 America and maintaining identifiable tribal affiliations
through membership and participation or community identification).

B.

When the Contractor, or any contractor, at any time, 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 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 Plan for those trades which have unions participating in the Plan. Contractors must
be able to demonstrate their participation in compliance with the provisions of any such Hometown
Plan. Each Contractor or Contractor participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make a 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 contractors toward a goal in an approved Plan does not excuse any covered
Contractor's or contractor'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 G(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 utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. Covered construction
Contractors performing contracts in geographical areas where they do not have a federal or
federally-assisted construction contract shall apply the minority and female goals established for
the geographic area where the contract is being performed. Goals are published periodically in
the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting 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 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.

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Page 61

 Trainees must be trained pursuant to training programs approved by the U.S. Department of
Labor.
G.

The Contractor shall take specific affirmative action to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort 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, where possible, will assign two or more women to
each construction project. 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 organization's responses.

(3)

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 therefore, along with whatever additional actions the Contractor may have
taken.

(4)

Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement have 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)

Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly includes minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractor's
employment 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 least once a year; and by posting the company EEO

RFP No. 624

Page 62

 policy on a bulletin board accessible to all employees at each location where construction
work is performed.

RFP No. 624

(7)

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 on-site supervisory personnel such as
Superintendents, General Foreman, 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.

(8)

Disseminate the Contractor's EEO policy externally by including it in 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 Contractors with whom the Contractor does or anticipates
doing business.

(9)

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 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 youth both on the site and in other areas of a
Contractor's work force.

(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 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.

Page 63

 (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 solicitation 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 G(16)). The efforts of a Contractor
association, joint Contractor-union, Contractor-community, or other similar group of which the
Contractor is a member and participant, may be asserted as fulfilling any one or more of its
obligations under G(1) through G(16) of these specifications 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. The obligation shall not be a defense for the Contractor's non-compliance.

I.

A single goal for minorities and a separate single goal for women has 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).

J.

The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any persons 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 E.O. 11246.

L.

The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause including suspension, termination, and cancellation of existing
subcontracts as may be imposed or ordered pursuant to E.O. 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

RFP No. 624

Page 64

 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 where assigned, social security number, race,
sex, status (e.g., mechanic, apprenticeship trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and location 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.

O.

Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application or 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).

3.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
(Applicable to contracts and subcontracts exceeding $10,000)

A.

The Offeror’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 applicable to all the Contractor's construction work (whether or not it is federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographic
area located outside of the covered area, it shall apply the goals established for such geographic area
where the work is actually performed.
With regard to this second area, the Contractor also is subject to the goals for both its federally
involved and non-federally involved construction. 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 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.

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Page 65

 C.

The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of 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 subcontract; estimated starting and completion
dates of the sub-contract; and the geographical area in which the contract is to be performed.

D.

As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is
(insert description of the geographical areas where the contract is to be performed, giving the
State, parish, and city, if any):

4.

CERTIFICATION OF NON-SEGREGATED FACILITIES
(Applicable to contracts and subcontracts exceeding $10,000)
By the submission of this bid, the bidder, offeror, applicant or Contractor certifies that he/she does
not maintain or provide for his/her establishments, and that he/she does not permit employees to
perform their services at any location, under his/her control, where segregated facilities are
maintained. He/she certifies further that he/she will not maintain or provide for employees any
segregated facilities at any of his/her establishments, and he/she will not permit employees to perform
their services at any location under his/her control where segregated facilities are maintained. The
bidder, offeror, applicant or Contractor agrees that a breach of this certification is a violation of the
equal opportunity clause of this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms,
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation and housing facilities provided for employees which are segregated by
explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or any other reason.
He/she further agrees that (except where he/she has obtained for specific time periods) he/she
will obtain identical certification from proposed contractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause;
that he/she will retain such certifications in his/her files; and that he/she will forward the
following notice to such proposed contractors (except where proposed contractors have
submitted identical certifications for specific time periods).

5.

CIVIL RIGHTS
The Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No
person shall, on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance.

6.

SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPLMENT ACT
OF 1974

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 The Contractor shall comply with the provisions of Section 109 of the Housing and Community
Development Act of 1974. 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 109 further provides that discrimination on the basis of
age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified
handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as
amended, is prohibited.

7.

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (Section 3 Clause) (applicable to contracts and subcontracts exceeding $100,000 funded by
Section 3 covered assistance)

A.

The work to be performed under this contract 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). The
purpose of section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.

B.

The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with
the part 135 regulations.

C.

The Contractor agrees to send to each labor organization or representative of workers with which
the Contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the Contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where
both employees and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each, and the name and
location of the person(s) taking applications for each of the positions, and the anticipated date the work
shall begin.

D.

The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 clause, upon a finding that the Contractor is in
violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any
Contractor where the Contractor has notice or knowledge that the Contractor has been found in
violation of the regulations in 24 CFR part 135.

E.

The Contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR part 135 require employment

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 opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24
CFR part 135.
F.

Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.

G.

With respect to work performed in connection with Section 3 covered Indian housing assistance,
Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject
to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum
extent feasible, but not in derogation of compliance with Section 7(b).

8.

SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793)
(Applicable to contracts and subcontracts exceeding $10,000)

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 otherwise 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.

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 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 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
$10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued

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 pursuant to Section 503 of the Act, so that such provisions will be binding upon each Contractor 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.
9.

SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of
his disability, be denied the benefits, or be subjected to discrimination including discrimination in
employment, any program or activity that receives the benefits from the federal financial assistance.

10.

AGE DISCRIMINATION ACT OF 1975
The Contractor shall comply with the provisions of the Age Discrimination Act of 1975. No person
in the United States shall, on the basis of age, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or activity receiving federal
financial assistance.

11.

CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to contracts and subcontracts exceeding $100,000)
The Contractor and all contractors shall comply with the requirements of the Clean Air Act, as
amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 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 nonexempt Contractors and contractors shall
furnish to the owner, the following:
A.

A stipulation by the Contractor or contractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15,
as amended.

B.

Agreement by the Contractor to comply with all the requirements of Section 114 of the
Clean Air Act, as amended, (42 USC 1857 c 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 there under.

C.

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.

D.

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 nonexempt subcontract

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 and requiring that the Contractor will take such action as the government may direct as a
means of enforcing such provisions.

12.

SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND
ACCIDENT PREVENTION

A.

Lead-Based Paint Hazards
The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint
regulations, 24 CFR Part 35. The Contractor and contractors shall comply with the provisions
for the elimination of lead-based paint hazards under Subpart B of said regulations. The Owner
will be responsible for the inspections and certifications required under Section 35.14
(f) thereof.

B.

Use of Explosives
When the use of explosives is necessary for the prosecution of the work, the Contractor shall
observe all local, state and federal laws in purchasing and handling explosives. The Contractor shall
take all necessary precaution to protect completed work, neighboring property, water lines, or other
underground structures. Where there is danger to structures or property from blasting, the charges
shall be reduced, and the material shall be covered with suitable timber, steel or rope mats. The
Contractor shall notify all owners of public utility property of intention to use explosives at least 8
hours before blasting is done close to such property. Any supervision or direction of use of
explosives by the engineer does not in any way reduce the responsibility of the Contractor or his
Surety for damages that may be caused by such use.

C.

Danger Signals and Safety Devices (Modify as Required)
The Contractor shall make all necessary precautions to guard against damages to property and
injury to persons. He shall put up and maintain in good condition, sufficient red or warning
lights at night, suitable barricades and other devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the Owner may have such lights and
Barricades installed and charge the cost of this work to the Contractor. Such action by the
Owner does not relieve the Contractor of any liability incurred under these specifications
or contract.

13.

FLOOD DISASTER PROTECTION
This contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93
234). Nothing included as a part of this contract is approved for acquisition or construction
purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary
of HUD as having special flood hazards which is located in a community not then in compliance
with the requirements for participation in the National Flood Insurance Program pursuant to
Section 201(d) of said Act; and the use of any assistance provided under this contract for such
acquisition for construction in such identified areas in communities then participating in the
National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance
requirements or Section 102(a) of said Act.

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 Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Contract shall contain, if such land is located in an
area identified by the Secretary as having special flood hazards and in which the sale of flood
insurance has been made available under the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain
and maintain, during the ownership of such land, such flood insurance as required with respect to
financial assistance for acquisition or construction purposes under Section 102(a) of Flood
Disaster Protection Act of 1973.
14.

ACCESS TO RECORDS - MAINTENANCE OF RECORDS
The Department of Housing and Urban Development, the Comptroller General of the United
States, or any of their duly authorized representatives, shall have access to any books,
documents, papers and records of the Contractor which are directly pertinent to this specific
contract, for the purpose of audits, examinations, and making excerpts and transcriptions. All
records connected with this contract will be maintained in a central location by the unit of local
government and will be maintained for a period of five (5) years from the official date of the
final closeout of the grant.

15.

INSPECTION
The authorized representative and agents of the Department of Housing and Urban Development
shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of
materials, and other relevant data and records.

16.

REPORTING REQUIREMENTS
The Contractor shall complete and submit all reports, in such form and according to such
schedule, as may be required by the Owner.

17.

CONFLICT OF INTEREST
A.

No officer or employee of the local jurisdiction or its designees or agents, no member of the
governing body, and no other public official of the locality who his/her tenure or for one
year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be
incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of
interest.

B.

No member of or delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise there from, but this

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 provision shall not be construed to extend to this contract if made with a corporation for its
general benefit.
18.

ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246, AS
AMENDED
(Applicable to contracts and subcontracts of $10,000 and under)

During the performance of this contract, the Contractor agrees as follows:
A.

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.

B.

The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.

C.

Contractors shall incorporate foregoing requirements in all subcontracts.

19.

PATENTS

A.

The Contractor shall hold and save the Owner and its officers, agents, servants, and employees
harmless from liability of any nature or kind, including cost and expenses for, or on account of
any patented or unpatented invention, process, article, or appliance manufactured or used in the
performance of the contract including its use by the Owner, unless otherwise specifically
stipulated in the Contract Document.

B.

License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
authorized by the Owner of the project must be reasonable, and paid to the holder of the patent,
or his authorized license, direct by the Owner and not by or through the Contractor.

C.

If the Contractor uses any design device or materials covered by letters, patent or copyright, he shall
provide for such use by suitable agreement with the owner of such patented or copy-righted design
device or material. It is mutually agreed and understood, that without exception the contract prices
shall include all royalties or costs arising from the use of such design, device or materials, in any way
involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the
Owner of the project from any and all claims for infringement by reason of the use of such
patented or copy-righted design, device or materials or any trademark or copy- right in connection
with work agreed to be performed under this contract, and shall indemnify the Owner for any cost,
expense, or damage which it may be obliged to pay by reason of such infringement at any time during the
prosecution of the work or after completion of the work.

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 20.

COPYRIGHT
No materials, to include but not limited to reports, maps, or documents produced as a result
of this contract, in whole or in part, shall be available to the Contractor for copy-right
purposes. Any such materials produced as a result of this contract that might be subject to
copyright shall be the property of the Owner and all such rights shall belong to the Owner.
21.

TERMINATION FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his
obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this contract, the Owner shall thereupon have the right to
terminate this contract by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least five (5) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Contractor under this
contract shall, at the option of the Owner, become the Owner’s property and the Contractor
shall be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of
liability to the Owner for damages sustained by the Owner by virtue of any breach of the
contract by the Contractor, and the Owner may withhold any payments to the Contractor
for the purpose of set-off until such time as the exact amount of damages due the Owner from
the Contractor is determined.

22.

TERMINATION FOR CONVENIENCE
The Owner may terminate this contract at any time by giving at least ten (10) days’ notice in
writing to the Contractor. If the contract is terminated by the Owner as provided herein, the
Contractor will be paid for the time provided and expenses incurred up to the termination date.

23.

ENERGY EFFICIENCY
The Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Public Law 94-163).

C.

24.

SUBCONTRACTS

A.

The Contractor shall not enter into any subcontract with any contractor who has been debarred,
suspended, declared ineligible, or voluntarily excluded from participating in contacting programs
by any agency of the United States Government or the State of Louisiana.

B.

The Contractor shall be as fully responsible to the Owner for the acts and omissions of the
Contractor’s contractors, and of persons either directly or indirectly employed by them, as he
is for the acts and omissions of persons directly employed by the Contractor.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to

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 the work to bind contractor to the Contractor by the terms of the contract documents insofar
as applicable to the work of contractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision of the
contract documents.

D.

Nothing contained in this contract shall create any contractual relation between any
Contractor and the Owner.

25.

DEBARMENT, SUSPENSION, AND INELIGIBILITY
The Contractor represents and warrants that it and its contractors are not debarred, suspended, or
placed in ineligibility status under the provisions of 2 CFR 200.213 (government debarment and
suspension regulations).

26.

PROTECTION OF LIVES AND HEALTH
The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the
worksite, which occur as a result of his prosecution of the work. The safety provisions of
applicable laws and building and construction codes, in addition to specific safety and health
regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part
1518, Safety and Health Regulations for Construction, as outlined in the Federal Register,
Volume 36, No. 75, Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the
Contractor shall take or cause to be taken, such additional safety and health measures as the
Owner may determine to be reasonably necessary.

27.

BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or the Contractor’s
contractors may result in the suspension or termination of this contract or such other action that may be
necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the
contract documents and the rights and remedies available there under shall be in addition to and not a
limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

28.

PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall
be deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be
physically amended to make such insertion or correction.

29.

CHANGES

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 The Owner may, from time to time, request changes in the scope of the services of the Contractor to
be performed hereunder. Such changes, including any increase or decrease in the amount of the
Contractor’s compensation which are mutually agreed upon by and between the Owner and the
Contractor, shall be incorporated in written and executed amendments to this Contract.
30.

PERSONNEL
The Contractor represents that it has, or will secure at its own expense, all personnel required in
performing the services under this Contract. Such personnel shall not be employees of or have any
contractual relationship with the Owner.
All the services required hereunder will be performed by the Contractor or under its supervision, and
all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under
State and local law to perform such services.
No person who is serving sentence in a penal or correctional institution shall be employed on
work under this Contract.

31.

ANTI-KICKBACK RULES
Salaries of personnel performing work under this Contract shall be paid unconditionally and not
less often than once a month without payroll deduction or rebate on any account except only
such payroll deductions as are mandatory by law or permitted by the applicable regulations
issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat.
948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). The Contractor
shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions
in all subcontracts covering work under this contract to insure compliance by the contractors with
such regulations, and shall be responsible for the submission of affidavits required of contractors
there under except as the Secretary of Labor may specifically provide for variations of or
exemptions from the requirements thereof.

32.

ASSIGNABILITY
The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in
the same (whether by assignment or novation) without prior written approval of the Owner
provided that claims for money due or to become due the Contractor from the Owner under this
Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee
in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished
promptly to the Owner.

33.

INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest
direct or indirect in the above described project or any parcels therein or any other interest which
would conflict in any manner or degree with the performance of his services hereunder. The
Contractor further covenants that in the performance of this Contract no person having any such
interest shall be employed.

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 34.

POLITICAL ACTIVITY
The Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which
limits the political activity of employees.

35.

COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET
The parties agree to comply with the regulations, policies, guidelines, and requirements of the
Office of Management and Budget, Circulars 2 CFR 200, as they relate to the use of Federal
funds under this contract.

36.

DISCRIMINATION DUE TO BELIEFS
No person with responsibilities in operation of the project to which this grant relates will
discriminate with respect to any program participant or any applicant for participation in such
program because of political affiliation or beliefs.

37.

CONFIDENTIAL FINDINGS
All of the reports, information, data, etc., prepared or assembled by the Contractor under this
Contract are confidential, and the Contractor agrees that they shall not be made available to any
individual or organization without prior written approval of the Owner.

38.

LOBBYING
The Contractor certifies, to the best of his or her knowledge and belief that:

1.

No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor,
to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2.

If any funds other than federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.

39.

FEDERAL LABOR STANDARDS PROVISIONS

The Contractor shall abide by the requirements of the Federal Labor Standards Provisions (form HUD4010) as follows.
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 Federal Labor Standards Provisions
U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered by this contract pertains is being
assisted by the United States of America and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work
will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor
and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such
weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked therein:
Provided That the employer’s payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification and wage
rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at
all times by the Contractor and its contractors at the site of the work in a prominent and accessible, place
where it can be easily seen by the workers.
(i) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to
be employed under the contract shall be classified in conformance with the wage determination. HUD
shall approve an additional classification and wage rate and fringe benefits therefor only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
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 the wage rates contained in the wage determination.
(b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and HUD or its designee agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by
HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, Washington, D.C. every additional classification action within 30 days of receipt and
so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)

(c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer
the questions, including the views of all interested parties and the recommendation of HUD or its
designee, to the Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee
within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1) (ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(ii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iii) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor under
this contract or any other Federal contract with the same prime Contractor, or any other Federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime
Contractor so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any
contractor the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all
or part of the wages required by the contract, HUD or its designee may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
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 designee may, after written notice to the Contractor, disburse such amounts withheld for and on account
of the Contractor or Contractor to the respective employees to whom they are due. The Comptroller
General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in Section l (b) (2) (B) of the Davis-bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) The Contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is
not such a party, the Contractor will submit the payrolls to the applicant sponsor, or owner, as the case
may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a) (3) (i). This information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S.
Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the
submission of copies of payrolls by all contractors. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the
Contractor or Contractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29
CFR 5.5 (a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
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 benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required
by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the Contractor or Contractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or contractor shall make the records required under subparagraph A.3.(i) available
for inspection, copying, or transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview employees during working hours
on the job. If the Contractor or Contractor fails to submit the required records or to make them available,
HUD or its designee may, after written notice to the Contractor, sponsor, applicant or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage determination for the
work actually performed. Where a Contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate)
specified in the contractor’s or contractor’s registered program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program
for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR
Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements
of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The Contractor or Contractor will insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by
appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause
requiring the contractors to include these clauses in any lower tier subcontracts. The prime Contractor
shall be responsible for the compliance by any Contractor or lower tier Contractor with all the contract clauses
in this paragraph.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract and for debarment as a Contractor and a Contractor as provided in 29
CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference
in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
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 within the meaning of this clause include disputes between the Contractor (or any of its contractors) and HUD
or its designee, the U.S. Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the Contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to
be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)
or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration
transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such
Administration..... makes, utters or publishes any statement knowing the same to be false.... shall be fined not
more than $5,000 or imprisoned not more than two years, or both.”
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any
other manner discriminated against by the Contractor or any contractor because such employee has filed
any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are
applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the
terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No Contractor or Contractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the Contractor and any Contractor responsible therefore shall
be liable for the unpaid wages. In addition, such Contractor and Contractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own
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 action or upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the Contractor or
contractor under any such contract or any other Federal contract with the same prime contract, or any
other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is
held by the same prime Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or contractor for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The Contractor or contractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the contractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any
Contractor or lower tier contractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the
prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which
are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title
29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work
Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions
will be binding on each contractor. The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of
enforcing such provisions.

40. SOLID WASTE DISPOSAL ACT
The Grantee shall comply with Section 6002 if the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements listed below include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) AT 40 CFR part 247 containing
the highest percentage of recovered materials, practicable, consistent with maintaining a satisfactory
level of competition.
Applicability.(a)(1) This guideline applies to all procurement actions using federal funding and
involving items designated by EPA in this part, where the purchase price of the item exceeds $10,000,
the value of the quantity acquired by the preceding fiscal year exceeds $10,000. This guideline shall
require that all solid waste management services procurements are conducted in a manner that
maximizes energy and resource recovery. (2) This guideline applies to any public agency using
appropriated Federal funds to procure designated items, and to persons contracting with any such
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 agencies with respect to work performed under such contracts. (3) The $10,000 threshold applies to
public agencies as a whole rather than to agency subgroups such as regional offices or sub-agencies of a
larger department or agency.
(b) The term procurement actions includes:
(1) Purchases made directly by a procuring agency or purchases made directly by any person
(e.g., a contractor) in support of work being performed for a procuring agency using federal funds
(2) Any purchases of designated items made “indirectly” by a procuring agency, as in the case of
procurements resulting from grants, loans, funds, and similar forms of disbursements of monies.
(c)(1) This guideline does not apply to purchases of designated items which are unrelated to or incidental
to Federal funding, i.e., not the direct result of a contract or agreement with, or a grant, loan, or funds
disbursement to, a procuring agency.
41. CONFIDENTIALITY
The Contractor shall comply with the Confidentiality regulations, per 24 CFR 574.440. Per 24 CFR
574.440, “the grantee shall agree, and shall ensure that each project sponsor agrees, to ensure the
confidentiality of the name of any individual assisted under this part and any other information
regarding individuals receiving assistance.” The Contractor shall ensure all documentation and written
agreements protect the confidentiality of all individuals/ agencies funded or receiving any assistance
under this grant.
42. REPAYMENT OF FUNDS
The Contractor acknowledges that funds provided through this Agreement are Federal funds administered
by HUD and that all funds provided by this Agreement are subject to audit, disallowance, and repayment.
Any disagreement with adverse findings by HUD may be challenged pursuant to Federal regulations,
however, the Contractor shall promptly return to Grantee any and all funds that are found to be ineligible,
unallowable, unreasonable, a duplication of benefits, or non-compliance, no matter the cause. This clause
shall survive indefinitely the termination of this Agreement for any reason.
43. DUPLICATION OF BENEFITS
The Contractor shall not carry out any of the activities under this Agreement in a manner that results in a
prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 USC §5155). The Contractor must comply with HUD’s requirements for
duplication of benefits imposed by Federal Register notice on the City (81 Fed. Reg. 36564). The Federal
Register notice requires compliance with the following HUD guidance documents: (1) the guidance published by
HUD in the Federal Register on November 16, 2011 (76 Fed. Reg. 71060); and
(2) the guidance document entitled “HUD Guidance on Duplication of Benefit Requirements and
Provision of CDBG Disaster Recovery (DR) Assistance,” issued on July 25, 2013.
44. LIMITED ENGLISH PROFICIENCY (LEP)
Assistance to Those with Limited English Proficiency. The Contractor agrees to take all reasonable
actions to communicate with persons who have Limited English Proficiency (LEP) to ensure that such
persons have meaningful access and an equal opportunity to participate in the program(s) and/or services
funded under this Agreement.
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 City of New Orleans, Louisiana
Request for Proposals
COVID-19 Mass Feeding Initiative
June 1, 2020
Attachment “K”
SPECIAL COMPLIANCE CONDITIONS FOR FEMA – FUNDED CONTRACTS
The Contractor is advised that this project is to be funded by FEMA. Notwithstanding any provision of
the Agreement to the contrary, the following terms and conditions:
A.
TERMINATION FOR CAUSE: The City and the Contractor shall each have the right to
terminate this Agreement for cause, effective immediately upon the giving of written notice to the other
party of its intent to terminate and the reasons therefore. If the termination for cause is subsequently
challenged in a court of law and if the challenging party prevails, the termination for cause shall be
deemed to be a termination for convenience and shall be effective thirty (30) days from the date that the
original written notice of termination for cause was given to the challenging party and no further notice
shall be required.
B.
TERMINATION FOR CONVENIENCE: The City shall have the right to terminate this
Agreement without cause by giving the Contractor written notice of its intent to terminate at least thirty
(30) days prior to the date of termination. In the event that the City elects to terminate for convenience, the
City shall be obligated to pay the Contractor only for those Services performed up to and through the date
of termination.
C.

RECORDS RETENTION AND ACCESS:

The Contractor shall grant the City, the State of Louisiana, the Federal Emergency Management
Agency, the Comptroller General of the United States, or any of their duly authorized representatives,
access to any books, documents, papers, and records of the Engineer which are pertinent to this Agreement
for the purpose of making audit, examination, excerpts, and
The Contractor shall retain all required records for five (5) years or until such time as the State of
Louisiana or the City of New Orleans make final payments and all other pending matters related to the
Agreement are closed.
D.
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS: As applicable, the
Contractor shall comply with each of the following, all of which are incorporated herein by reference.


Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as
amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of

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 Labor regulations (41 CFR chapter 60);


The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3);



Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330)
as supplemented by Department of Labor regulations (29 CFR Part 5);



Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR part 15);



Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94–163, 89 Stat. 871)



Unless duly suspended or revoked, the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR Part 5)



Any and all applicable requirements as required by Federal Uniform Administrative
Requirements (Appendix II to 2 CFR Part 200).

E.
DEBARMENT, SUSPENSION, AND INELIGIBILITY: The Contractor represents and
warrants that it and its sub-recipients are not debarred, suspended, or placed in ineligibility status under the
provisions of 24 CFR 24 (government debarment and suspension regulations).
F.
REMEDIES AND SANCTIONS AGAINST ENGINEER’S DEFAULT: The City retains all
rights and recourse under Louisiana law to enforce this Agreement or recover damages in connection with
any Contractor breach or violation hereof.

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