Common use of MINORITY/WOMEN OWNED BUSINESS ENTERPRISE Clause in Contracts

MINORITY/WOMEN OWNED BUSINESS ENTERPRISE. a. Proposers must address how they intend to comply with the Orange County M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of certified minority/women business enterprise is 27% of the contract value for this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 18% minority and 6% women employee workforce levels in specific categories. b. All participating M/WBE firms must be currently certified by Orange County. The Business Development Division's most recent M/WBE directory is available by e-mail or through the Orange County web site at XxxxxxXxxxxxxx.xxx. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in the Directory the Proposer should obtain a copy of their Orange County Certificate and/or contact the Business Development Division at (000) 000-0000 for verification of certification. c. The County has a graduate program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 are eligible for graduate M/WBE participation. The prime consultant will receive full M/WBE credit for the use of graduate M/WBE’s that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 and therefore, graduate M/WBE’s are eligible to participate. It is the proposing firm’s responsibility to ensure that graduate M/WBE’s are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participate. d. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub-consultants identified on Form B. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract to be contracted to the listed sub-consultant. Letters of Intent must be signed by both the Proposer and the M/WBE sub-consultant. The Consultant must include in the subcontract agreement:

MINORITY/WOMEN OWNED BUSINESS ENTERPRISE. a. A. Proposers must address how they intend to comply with the Orange County M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of 24% utilization of certified minority/women business enterprise is 27% of the contract value for applicable to this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 1824% minority and 6% women employee workforce levels in specific categories. b. All participating B. M/WBE firms must be currently certified by Orange County. The Business Development Division's most recent M/WBE directory is available by e-mail or through the Orange County web site at XxxxxxXxxxxxxx.xxx. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in on the Directory County’s website, xxxx.xxx, the Proposer should obtain a copy of their Orange County Certificate certificate and/or contact the Business Development Division at (000) 000407-0000 836- 7317 for verification of certification. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. c. The C. Effective August 1, 2003, the County has implemented a graduate graduation program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for A prime Contractor may only use a graduate M/WBE to satisfy M/WBE participation in the following: • For Professional Services in which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 500,000. • Vertical construction projects in which the total prime contractor’s estimate in excess of $10,000,000. • Horizontal construction projects in which the total prime contractor’s estimate in excess of $7,000,000. • Other construction projects in which the total estimate is in excess $7,000,000. D. The County has established a credit program whereby Proposers are eligible for graduate awarded credits to be applied toward meeting the M/WBE participationgoals on certain County projects. The prime consultant Emphasis will receive full be placed on credits for non-County utilization and first-time M/WBE credit utilization. Proposers are encouraged to contact the Business Development Division in advance of submittal of proposal for the use of graduate M/WBE’s that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 information on acquiring and therefore, graduate M/WBE’s are eligible to participate. It is the proposing firm’s responsibility to ensure that graduate M/WBE’s are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participateapplying credits. d. E. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub-consultants subcontractors identified on Form B. the SCHEDULE OF SUBCONTRACTING - M/WBE PARTICIPATION FORM. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract fees to be contracted to the listed subsubcontractor. F. The awarded prime Contractor’s responsibilities and requirements are itemized below: 1. Incorporate a 72-consultanthour prompt payment assurance provision and payment schedule in all contracts between the prime and sub- Contractors. 2. Letters File copies of Intent must all executed subcontractor agreement/contracts between the prime and all M/WBE subcontractors on the project to Orange County Business Development Division. 3. The awarded prime Contractor shall furnish written documentation evidencing actual dollars paid to each subcontractor utilized by the prime Contractor on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime Contractor prior to the issuance of final payment. 4. The prime Contractor shall submit an updated quarterly MWBE utilization report and the “Employment Data, Schedule of Minorities and Women” report for all professional service contracts. The required reports are to be signed by both submitted to the Proposer and Business Development Division no later than the fifth day after end of reporting period. 5. The awarded prime Contractor shall not substitute, replace or terminate any M/WBE firm without prior written authorization of the County, nor shall the prime reduce the scope of work or monetary value of a subcontractor without written authorization of the County. The prime Contractor shall notify the Business Development Division of any additional awards to the M/WBE firm on the prime Contractor’s team and the addition of any new M/WBE firm to the prime Contractor’s team on that project. 6. The prime Contractor shall expeditiously advise all M/WBE’s and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team. Proposers are expressly prohibited from substituting subcontractors projected to perform five percent (5%) or more of the overall work as stated in the written Proposal. Such substitution, for any reason, after opening of the Proposal, and prior to award by the County, shall result in disqualification of the Proposal from further consideration for award, except in extraordinary circumstances. Examples of such circumstances are the subcontractors’ firm going out of business; death of the owner of the firm; or the inability of the sub-consultantContractor to perform the work specified. Should such an occurrence arise, it must be substantiated, and the substitution approved, by the County prior to contact execution. Requests for substitution of subcontractors who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered only prior to final scoring of Proposals by the Procurement Committee. Such requests for substitution must be in writing accompanied by a written withdrawal from the originally listed subcontractor. Failure to comply with these requirements shall result in disqualification of the Proposal from further consideration for award. The Consultant must include Procurement Committee shall be the sole determinant regarding acceptance/rejection of requested substitutions. The proposer understands that this RFP does not constitute an agreement or contract with the Proposers. Any Proposers who submits a Proposal to the County with any information that is determined by the County, in the subcontract agreement:its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration.

MINORITY/WOMEN OWNED BUSINESS ENTERPRISE. a. Proposers must address how they intend to comply with the Orange County M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of certified minority/women business enterprise is 27% of the contract value for this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 18% minority and 6% women employee workforce levels in specific categories. b. All participating M/WBE firms must be currently certified by Orange County. The Business Development Division's most recent M/WBE directory is available by e-mail or through the Orange County web site at XxxxxxXxxxxxxx.xxx. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, certified but is not listed in the Directory the Proposer should obtain a copy of their Orange County Certificate and/or contact the Business Development Division at (000) 000-0000 for verification of certification. c. The County has a graduate program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 are eligible for graduate M/WBE participation. The prime consultant will receive full M/WBE credit for the use of graduate M/WBE’s that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 and therefore, graduate M/WBE’s are eligible to participate. It is the proposing firm’s responsibility to ensure that graduate M/WBE’s are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participate. d. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub-consultants identified on Form B. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract to be contracted to the listed sub-consultant. Letters of Intent must be signed by both the Proposer and the M/WBE sub-consultant. The Consultant must include in the subcontract subconsultant agreement:

MINORITY/WOMEN OWNED BUSINESS ENTERPRISE. a. A. Proposers must address how they intend to comply with the Orange County M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of 24% utilization of certified minority/women business enterprise is 27% of the contract value for applicable to this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 1824% minority and 6% women employee workforce levels in specific categories. b. B. All participating M/WBE firms must be currently certified by Orange County. The Business Development Division's most recent M/WBE directory is available by e-mail or through the Orange County web site at XxxxxxXxxxxxxx.xxx. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in the Directory the Proposer should obtain a copy of their Orange County Certificate and/or contact the Business Development Division at (000) 000-0000 for verification of certification. c. The C. Effective August 1, 2003, the County has implemented a graduate graduation program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for A prime Contractor may only use a graduate M/WBE to satisfy M/WBE participation in the following: • For Professional Services in which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 500,000. • Vertical construction projects in which the total prime contractor’s estimate in excess of $10,000,000. • Horizontal construction projects in which the total prime contractor’s estimate in excess of $7,000,000. • Other construction projects in which the total estimate is in excess $7,000,000. D. The County has established a credit program whereby Proposers are eligible for graduate awarded credits to be applied toward meeting the M/WBE participationgoals on certain County projects. The prime consultant Emphasis will receive full be placed on credits for non-County utilization and first-time M/WBE credit utilization. Proposers are encouraged to contact the Business Development Division for information on acquiring and applying the use of graduate M/WBE’s that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 and therefore, graduate M/WBE’s are eligible to participate. It is the proposing firm’s responsibility to ensure that graduate M/WBE’s are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participatecredits. d. E. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub-consultants subcontractors identified on Form B. the SCHEDULE OF SUBCONTRACTING - M/WBE PARTICIPATION FORM. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract fees to be contracted to the listed subsubcontractor. F. The awarded prime Contractor’s responsibilities and requirements are itemized below: 1. Incorporate a 72-consultanthour prompt payment assurance provision and payment schedule in all contracts between the prime and sub- Contractors. 2. Letters File copies of Intent must all executed subcontractor agreement/contracts between the prime and all M/WBE subcontractors on the project to Orange County Business Development Division. 3. The awarded prime Contractor shall furnish written documentation evidencing actual dollars paid to each subcontractor utilized by the prime Contractor on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime Contractor prior to the issuance of final payment. 4. The prime Contractor shall submit an updated quarterly MWBE utilization report and the “Employment Data, Schedule of Minorities and Women” report for all professional service contracts. The required reports are to be signed by both submitted to the Proposer and Business Development Division no later than the fifth day after end of reporting period. 5. The awarded prime Contractor shall not substitute, replace or terminate any M/WBE firm without prior written authorization of the County, nor shall the prime reduce the scope of work or monetary value of a subcontractor without written authorization of the County. The prime Contractor shall notify the Business Development Division of any additional awards to the M/WBE firm on the prime Contractor’s team and the addition of any new M/WBE firm to the prime Contractor’s team on that project. 6. The prime Contractor shall expeditiously advise all M/WBE’s and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team. Proposers are expressly prohibited from substituting subcontractors projected to perform five percent (5%) or more of the overall work as stated in the written Proposal. Such substitution, for any reason, after opening of the Proposal, and prior to award by the County, shall result in disqualification of the Proposal from further consideration for award, except in extraordinary circumstances. Examples of such circumstances are the subcontractors’ firm going out of business; death of the owner of the firm; or the inability of the sub-consultantContractor to perform the work specified. Should such an occurrence arise, it must be substantiated, and the sub- substitution approved, by the County prior to contact execution. Requests for substitution of subcontractors who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered only prior to final scoring of Proposals by the Procurement Committee. Such requests for substitution must be in writing accompanied by a written withdrawal from the originally listed subcontractor. Failure to comply with these requirements shall result in disqualification of the Proposal from further consideration for award. The Consultant must include Procurement Committee shall be the sole determinant regarding acceptance/rejection of requested substitutions. The proposer understands that this RFP does not constitute an agreement or contract with the Proposers. Any Proposers who submits a Proposal to the County with any information that is determined by the County, in the subcontract agreement:its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration.