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Greenville SC RFP CITY OF GREENVILLE STATE OF SOUTH CAROLINA REQUEST FOR PROPOSALS RFP NO. 16-3515 AFFORDABLE HOUSING ASSESSMENT and STRATEGY DUE: DECEMBER 1, 2015 2:00 PM Invitation – RFP No., 16-3515 Page 1 of 5 Rev 3 (10/30/2015) CITY OF GREENVILLE, SC REQUEST FOR PROPOSALS RFP NO. 16-3515 SEALED PROPOSALS will be received in the Purchasing Division, 7th Floor, City Hall, 206 South Main Street, Greenville, South Carolina until 2:00 P.M. ET, December 1, 2015. All qualified firms are invited to submit proposals to the City of Greenville for the following: AFFORDABLE HOUSING ASSESSMENT & STRATEGY SUBMIT: One (1) bound original, one (1) bound copy and (1) electronic PDF copy of the proposal on a CD or Flash Drive must be received on or before 2:00 P.M. ET, December 1, 2015. ADDRESS TO: City of Greenville Purchasing Division City Hall, 7th Floor Attention: Linda Mayes MAILING ADDRESS: P. O. Box 2207, Greenville, South Carolina 29602 OFFICE ADDRESS: 206 South Main Street, Greenville, South Carolina 29601 E-MAIL: lmayes@greenvillesc.gov MARK OUTSIDE: “RFP NO. 16-3515 – Affordable Housing Assessment & Strategy” DEADLINE ENFORCED PROPOSALS DELIVERED AFTER THE TIME AND DATE SET FOR RECEIPT OF PROPOSALS SHALL NOT BE ACCEPTED AND WILL BE RETURNED UNOPENED TO THE OFFEROR. IT IS THE OFFEROR’S RESPONSIBILITY TO ENSURE TIMELY DELIVERY OF THEIR PROPOSAL. WEATHER, FLIGHT DELAYS, CARRIER ERRORS AND OTHER ACTS OF OTHERWISE EXCUSABLE NEGLECT ARE RISKS ALLOCATED TO OFFERORS AND WILL NOT BE EXEMPTED FROM DEADLINE REQUIREMENTS. E- MAIL, TELEPHONE, OR FACSIMILE PROPOSALS WILL NOT BE ACCEPTED. The City encourages the use of recycled paper products and double sided print. The City discourages the use of plastic products including 3-ring binders, plastic folders, etc. for all submissions. Invitation – RFP No., 16-3515 Page 2 of 5 Rev 3 (10/30/2015) Any offer submitted as a result of this RFP shall be binding on the offeror for NINETY (90) calendar days following the specified opening date. Any proposal for which the offeror specifies a shorter acceptance period may be rejected. Upon receiving the “Notice of Award”, the successful vendor has TEN (10) CALENDAR DAYS to furnish the City of Greenville with a “PAYMENT BOND” in the amount of One Hundred Percent (100%) of the contract amount. If the Offeror discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Offeror shall immediately notify the City of such error in writing and request modification or clarification of the document. The Offeror is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the RFP or the matter shall be waived. Proprietary and/or Confidential Information Your proposal or bid is a public document under the South Carolina Freedom of Information Act (FOIA), except as to information that may be treated as confidential as an exception to disclosure under the FOIA. If you cannot agree to this standard, please do not submit your bid or proposal. All information that is to be treated as confidential and/or proprietary must be CLEARLY identified, and each page containing confidential and/or proprietary information, in whole or in part, must be stamped and/or denoted as CONFIDENTIAL, in bold, in a font of at least 12 point type, in the upper right hand corner of the page. All information not so denoted and identified shall be subject to disclosure by the City. OFFERORS ARE CAUTIONED that any statement made by City staff persons that materially change any portion of this RFP shall not be relied upon unless they are subsequently ratified by a formal written amendment to this RFP. This Request for Proposal is being issued by the City of Greenville Purchasing Division. Direct all questions or request for clarification of this RFP to e-mail lmayes@greenvillesc.gov Offerors are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this request unless otherwise stated in this RFP. Failure to adhere to this policy may be grounds for rejection of your proposal. Any revisions to this RFP will be issued and distributed as an addendum. All addenda, additional communications, responses to questions, etc. pertaining to the Request for Proposal will be posted on the City of Greenville website at: http://www.greenvillesc.gov/bids.aspx All Offerors should consult this website for updates before submitting bids. THE DEADLINE FOR QUESTIONS IS: 2:00 P.M., NOVEMBER 13, 2013 Invitation – RFP No., 16-3515 Page 3 of 5 Rev 3 (10/30/2015) The City of Greenville reserves the right to reject any or all proposals, or any parts thereof, waive informalities, negotiate terms and conditions, and to select an Offeror that best meet the needs of the City of Greenville and its employees. Current E-mail Address Required All proposals submitted shall include a current e-mail address. Once selected, Notice of Award shall be posted on the City’s website; and Notice of Award, and notices of non-award, shall be sent to all proposers via e-mail. No hard copy notices will be sent via regular mail. Policy Concerning Minority and Woman Owned Business Enterprises Intent Business firms owned and operated by women and minority persons, in general, have been historically restricted from full participation in the nation's free enterprise system to a degree disproportionate to other businesses. The City believes it is in the community's best interest to assist woman- and minority-owned businesses to develop fully, in furtherance of City's policies and programs which are designed to promote balanced economic and community growth. The City, therefore, wishes to ensure that woman- and minority-owned businesses (M/WBEs) are afforded the opportunity to fully participate in the City's overall procurement process. Goal for Participation The City adopts the State of South Carolina's goal for participation of M/WBEs: ten percent (10%) of annual controllable procurement expenditures which are defined as agreements between the City and a contractor to provide or procure labor, materials, equipment, supplies and services to, for or on behalf of the City. However, a specific expectation has not been set for this contract. Preference in Scoring Proposals In making procurement decisions which require written evaluations using weighted factors on a 100 point scale, M/WBEs submitting bids or proposals shall receive five additional points in the evaluation. Required Forms Firms submitting proposals are required to include OMB Forms 5A and/or 5B, as appropriate. These forms can be found at the end of the General Conditions Section of this document. Compliance with the South Carolina Illegal Immigration Reform Act Any contractor entering into a service contract with the City of Greenville must certify to the City of Greenville that the contractor intends to verify any new employees status, and require any subcontractors or sub-subcontractors performing services under the service contract to verify their new employees status, per the terms of the South Carolina Illegal Immigration Reform Act, and as set out in Title 41, Chapter 8 of the Code of Laws of South Carolina, 1976. Invitation – RFP No., 16-3515 Page 4 of 5 Rev 3 (10/30/2015) Protest of Solicitation or Award Solicitation - Section 2.4. A. of the City of Greenville Procurement Policy allows any prospective bidder, Offeror, contractor who is aggrieved in connection with the solicitation of a contract to protest to the Purchasing Administrator within ten (10) calendar days of the date of issuance of the Invitation for Bids or Request for Proposals or other solicitation documents, whichever is applicable, or any amendment thereto. Any protest shall be in writing, submitted to the Purchasing Administrator, as stated above, and shall set forth the grounds of protest and the relief requested with enough particularity to give notice of the issues to be decided. Award - Section 2.4. B. of the City of Greenville Procurement Policy allows any actual bidder, Offeror, contractor who is aggrieved in connection with the intended award or award of a contract to protest to the City Manager within ten (10) calendar days of the date the notification of award is posted in accordance with this policy. Any protest shall be in writing, submitted to the City Manager, as stated above, and shall set forth the grounds of protest and the relief requested with enough particularity to give notice of the issues to be decided. Firms should also be aware that, should a contract be awarded, the City will require reports of the utilization of any minority business enterprises to be filed along with requests for payment. The City reserves the right to audit accuracy of the utilization reports that are filed. Proposals that are not signed will not be accepted as complete and shall not be considered. Proposals must be signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the offeror. The words “Bidder”, “Offeror”, “Consultant” “Proposer”, “Vendor”, and “Contractor” are used interchangeably throughout this bid, and are used in place of the person, firm, or corporation submitting a bid. TABLE OF CONTENTS RFP No. 16- 3515 SCOPE OF SERVICES ............................................................................................ 1 GENERAL TERMS AND CONDITIONS .............................................................. 9 PROPOSAL SUBMISSION SHEET ..................................................................... 17 SIGNATURE PAGE............................................................................................... 18 AFFIDAVITS ....................................................................................... ATTACHED Scope of Services – RFP No. 16-3515 Page 1 City of Greenville Affordable Housing Assessment and Strategy Request for Proposals No. 16-3515 I. INTRODUCTION The City of Greenville seeks Consultant services to facilitate a forum and develop recommendations that will be used to establish new tools and strategies to address the affordable housing needs, to adopt appropriate policies and to evaluate future housing developments and to assist with the implementation of recommended tools and strategies. Our Community The City of Greenville is located in the Upstate region of South Carolina, along the I-85 corridor between Charlotte, NC and Atlanta, GA. According to projections, this corridor will continue to be a magnet for growth over the next few decades. Greenville County has the largest population of any county in the state (451,225 people), and the City of Greenville is one of the larger cities in the state, with a population of 62,888. Greenville’s location, aptitude for fostering public-private partnerships, and abundance of quality of life amenities make it one of the nation’s best places to live, work, play and learn. Home to corporation headquarters for major companies like Fluor, GE Energy, Hubbell Lighting, BMW Manufacturing and Micheline North America, Greenville is widely recognized as the preeminent business center in the Upstate. Supporting Greenville’s pro- business climate is an unprecedented array of community assets. Greenville is the cultural and entertainment center for the region, featuring the Peace Center for the Performing Arts, Greenville County Art Museum, and the Children’s Museum of the Upstate. Greenville is also one of the Southeast’s favorite tourist destinations, attracting more than 5.2 visitors each year. The City boasts a variety of destination shopping and dining district, including downtown Main Street. More than 450 acres of park land, including the award-winning Falls Park on the Reedy River, also add to the City’s distinctive charm. An outstanding local educational system enhances Greenville’s overall quality of life and provides a ready source of skilled workers. The Greenville County School District is the largest public school district in the state and is home to A.J. Whittenberg Elementary School in downtown Greenville featuring a school-wide engineering curriculum. Two major healthcare systems- Bon Secours St. Francis Health System and Greenville Health System are also located in Greenville. Greenville has also experienced considerable success in neighborhood revitalization and in the development of affordable and workforce housing. The strategies employed by the City of Greenville to engage non-profit and for-profit developers in housing production have helped Greenville address housing within a broad range of income levels and consumer needs. Greenville is facing unprecedented growth – the greatest growth in decades. This positive growth is creating pressures on our affordable and workforce housing supply. Although production of affordable and workforce housing has been consistent over the last 15 years, Scope of Services – RFP No. 16-3515 Page 2 several looming challenges and barriers are making this more difficult. Some of the challenges include: a) Steadily decreasing commitment of federal, state and local funding and increase of regulations and requirements; b) Rising property values make acquisition of property for affordable and workforce housing development more costly; c) Rising cost of building construction and reduction in available builders due to increase in federal requirements; d) Substandard infrastructure that may delay or prevent neighborhood improvements; e) Wage and salary stagnation have not resulted in upward income adjustments, thus income has not kept pace with rental and housing sale costs; f) Approaching deadlines for required period of affordability and sale of subsidized properties; g) Conversion of traditional affordable units to market-rate product; h) Clustering of development of affordable housing in traditionally low-to-moderate income neighborhoods. i) Decreasing HUD-issued Fair Market Rents resulting in the inability of Housing Choice Voucher Program participant’s inability to locate affordable unit within the Greenville Housing Authority’s 110% payment standard. II. SCOPE OF SERVICES The City of Greenville has expended considerable resources developing planning documents for revitalizing neighborhoods and supporting affordable housing. The Consultant will review and become familiar with existing planning documents including but not limited to: The Greenville Housing Strategy, the West Side Comprehensive Plan, the Neighborhood Vibrancy Task Force Recommendations, Affordable Housing Strategy, the 2009 Comprehensive Plan and the 2015 Consolidated Plan. Concurrent to this planning effort, the City of Greenville will also be undertaking the Reedy River Redevelopment Area and City Park Planning Project which will include an affordable housing strategy for the area adjacent to the proposed park. We expect the Consultant selected for the Affordable Housing Assessment and Strategy will work collaboratively with the Consultant selected to complete the Reedy River Redevelopment Area and City Park Planning Project to reduce duplication of efforts. A. Affordable Housing Assessment. The Consultant will, with staff assistance, develop a current inventory of affordable housing and provide the following information: 1. Access the current inventory of housing for various levels of affordability, i.e., low, moderate, workforce housing and housing dedicated to persons with special needs (homeless, transitional, elderly, etc.) and those with disabilities. 2. Identify the current inventory of affordable housing in terms of housing type, i.e., owner-occupied, rental, single-family and multi-family. 3. Identify the number of units currently being produced each year using existing resources. Scope of Services – RFP No. 16-3515 Page 3 4. Assess current financial resources and programs in place to develop and maintain affordable housing and their effectiveness at meeting current and future needs. This information shall be compiled and included in the appendix of the final document. 5. Using current census data (to include job growth/shrinkage forecasts), project the need for affordable and workforce housing at various affordability levels each year over the next ten years. 6. Identify barriers that may impede the development of affordable housing B. Affordable Housing Strategy. Based upon the results of the Affordable Housing Assessment, the Consultant will provide recommendations and strategies to address the City’s affordable housing needs and provide the following: 1. Recommendations for addressing the needs identified in the assessment for each income level including persons with special needs and those with disabilities. 2. Recommendations for addressing the market needs identified for each housing type, i.e., owner-occupied, rental, single-family and multi-family; 3. Recommendations for additional stakeholder relationships. Identify additional public, private and non-profit organizations with whom the City of Greenville should partner to accomplish strategic recommendations. 4. Identify innovative and creative financing tools and incentives that will increase production of affordable housing and can be sustained over a period of several years. Work with City staff to prioritize and develop implementation strategies for three to five tools. 5. Identify affordable housing preservation tools that help to protect long-term affordability and investment of resources. Work with City staff to prioritize and develop implementation strategies for three to five tools. 6. Identify planning tools that help to preserve the City’s Special Emphasis Neighborhoods and encourage development of affordable housing throughout the City. Work with City staff to prioritize and develop implementation strategies for three to five tools. 7. Propose techniques to encourage mixed-income development in neighborhoods with affordable housing. 8. Evaluate best practices in other comparably sized cities and recommend strategies that may be replicated in the City of Greenville. 9. The Strategy should provide an approach that allows policy makers to implement the recommended strategies and tools. C. Implementation Plan. Consultant will develop and assist with the implementation of a realistic plan for recommendations that includes performance benchmarks and timelines to measure successful accomplishments of the identified strategies and analysis of costs associated with recommended strategies. Scope of Services – RFP No. 16-3515 Page 4 D. Community Engagement: Solicitation and management of community/public input will be essential to ensure the feasibility and acceptance of the Assessment and Strategy. An effective community engagement plan to include residents, land owners, businesses, neighborhood associations, developers, financial representatives, non- profit organizations, churches, the philanthropic community and elected officials is important. The Consultant should propose the best method to ensure public input including community meetings. A summary of those meetings should be included in the final report. E. Timeline for Selection of Consult and Completion of Project: The City of Greenville will ensure that the selected Consultant has access to all files, reports and personnel required to complete the Scope of Services. The following is an approximate project schedule, subject to modification: November 1, 2015 Release of RFP November 13, 2015 Deadline for Inquiries regarding RFP December 1, 2015 Proposals due to City of Greenville December 14-17, 2015 Interviews with selected Consultants December 17, 2015 Consultant Selected January 1, 2016 Consultant begins work June 30, 2016 Assessment and Strategy complete III. CONSULTANT PROJECT SUBMISSIONS: 3.1 Submission Details RESPONSE TO THIS REQUEST FOR PROPOSALS MUST INCLUDE THE FOLLOWING: Those firms interested in providing professional services for this project must submit (1) bound original, (1) bound copy and (1) electronic PDF copy of their proposal on a Compact Disc or Flash Drive and the proposal must include the items specifically enumerated in Section 3.2. Proposals shall be limited to thirty (30) pages. 3.2 Proposal Development a. Required content of proposal: The detailed requirements set forth in the Proposal Format are recommended. Failure by any Proposer to respond to a specific requirement may result in disqualification. The City reserves the right to accept or reject any or all proposals. Proposers are reminded that proposals will be considered exactly as submitted. Points of clarification will be solicited from proposers at the discretion of the City. Those proposals determined not to be in compliance with provisions of this RFP and the applicable law and/or regulations will not be processed. All costs incurred by the proposer associated with RFP preparations and subsequent interviews and/or negotiations, which may or may not lead to execution of an agreement, shall be borne entirely and exclusively by the proposer. Scope of Services – RFP No. 16-3515 Page 5 The information and proposed budget for the consultant selected for contract award will form the basis for negotiation of a contract. The City of Greenville reserves the right to issue a contract without further negotiation using the information contained in the RFP. Failure of a prospective contractor to accept this method of contract development will result in cancellation of the award. b. Proposal Format: The proposal format requirements were developed to aid Proposers in their proposal development. They also provide a structured format so reviewers can systematically evaluate several proposals. These directions apply to all proposals submitted. The purpose of the proposal is to demonstrate the technical capabilities, professional qualifications, past project experiences, and knowledge within this industry. Proposer’s proposal must address all the points outlined herein as required, in the following order. 1. Transmittal Letter A transmittal letter must be submitted with a Proposer’s proposal which shall include: a. The RFP subject and number. b. Name of the firm or team responding, including mailing address, e-mail address, telephone number, and name of contact person. c. A brief profile of the firm, outlining its history, philosophy, and target market of the firm or team. d. Summary of the firm’s interest in the project and the name of the person or persons authorized to make representations on behalf of the Proposer, binding the firm to a contract. 2. Firm’s Work History and Qualifications - submit the following: a. History of the firm, including present ownership and key management individuals. Describe any anticipated or recent changes in overall corporate management ownership. b. Location of corporate headquarters and other divisional offices. Specify which office or offices will be involved in this project. Include names, addresses and phone numbers. c. Firm’s organizational chart showing authority structure and depth of resources. d. Resumes of any personnel anticipated to be assigned to the Assessment and Strategy. e. List any litigation the firm was involved in during the last five (5) years. f. A disclosure statement listing all potential conflicts of interest related to this Assessment and Strategy. This disclosure statement must be addressed specifically in your proposal, even if no conflict exists. Scope of Services – RFP No. 16-3515 Page 6 g. An overview of the firm’s relationship with female business enterprises, minority business enterprises or small business enterprises. 3. Experience and References: a. Provide details of past experiences, references for similar work, planning/budget/schedule activities, public engagement experience, talents applicable to respective service to be provided, documentation method, project tracking method and work product delivery methods that have proven successful. Also include any past experience or work completed on behalf of the City. b. Provide the following information for no more than five (5) current or recently completed projects: 1. Project Name 2. Project Location 3. Project Scope and Description 4. Nature of Public/Community Engagement 5. Project Methodology 6. Actual or expected completed date 7. Detailed description of the scope and result of services provided 8. Actual Duration c. Provide a list of clients for which the Consultant served as consultant for projects/elements similar to those requested in the Scope of Services above. d. Provide a list of three (3) references including the agency name, address, contact name, phone number and email address for each reference. Provide information regarding any accounts from which the Consultant was terminated for cause within the last three (3) years including the reason for the termination. 4. Proposed Team and Approach to Project: a. Identify potential services, including firm’s capabilities and anticipated approach to the Assessment and Strategy. b. Describe the tools, methodologies and framework the Consultant may use. c. Consideration of services provided and approach to meeting goals and deadlines. 5. Requirements from City: a. Include a staffing plan, estimated hours and resources that will be required from the City of Greenville. b. Consultant must outline what personnel access may be required from the City of Greenville. Scope of Services – RFP No. 16-3515 Page 7 6. Cost Proposal: a. The proposal must include the Consultant’s estimate of probable cost for the entire project budget. b. The proposal must provide hourly rates for all Consultant staff members and sub-consultant staff members who may work on the project. 3.3 Proposal Evaluation Criteria The City Staff Team will evaluate proposals based on the factors outlined within Section III, which shall be applied to all eligible, responsive proposals in selecting the successful Proposer. The City team reserves the right to disqualify any proposal for, but not limited to, person or persons it deems as non responsive and/or non responsible; a failure to respond to each section; or whose experience does not describe the competencies required. The City team reserves the right to make such investigations of the qualifications of the proposer as it deems appropriate. Award of any bid may be made without discussion with proposers after responses are received. The City reserves the right to cease contract negotiations if it is determined that the proposer cannot perform services specified in their response. Proposal evaluation criteria will be grouped into percentage factors as follows: a. Experience and Qualifications (Maximum 50 points) Previous related work experience and qualification in the subject area of personnel assigned. Demonstrated Understanding of the scope of services and other technical issues related to the project. Demonstrated ability to meet project schedule and budget. Knowledge of local issues, quality of presentation materials and responsiveness. b. References (Maximum 20 points) History and performance of firm/project team on similar projects. Experience and references of former clients including demonstrated ability to complete projects within proposed schedule, budget and quality of finished product. c. Proposed Team and Approach to Project (Maximum 30 Points) Adequacy of quality resources assigned to the project. Overall approach to project. Consideration of service provided and approach to meeting goals and deadlines. d. Compliance with the City’s Minority and Woman Owned Business Goals. (5 points) Particular consideration will be given to the proposals that best exemplifies compliance with the City’s Minority and Women Owned Business Goal. The additional points will be given to proposals where the lead consultant meets the Minority and Woman Owned Business criteria. Scope of Services – RFP No. 16-3515 Page 8 IV. SELECTION PROCESS A selection committee composed of City of Greenville staff and other stakeholders shall be formed to review and evaluate the proposals. The selection committee members shall complete evaluation forms giving consideration to information provided in the proposals. The City shall have the right to designate a “short list” of qualified proposer’s based on the above initial evaluation scores. These firm’s would be considered “finalists” and may then be requested to appear before the Selection Committee for oral or visual presentations as applicable. Final selection would be made subsequent to such meetings, if held. CONTRACT NEGOTIATION The selected Consultant will be responsible for developing and submitting a detailed Project Scope and Time Schedule to be included in the contract documents. This scope and schedule shall be consistent with the requirements of this RFP and is subject to approval by the City of Greenville. Terms and Conditions Page 9 Rev 5_10/5/2015 GENERAL TERMS AND CONDITIONS PUBLIC RECORD After an award is made, copies of the proposals will be available for public inspection, under the supervision of the City's Purchasing Division from 8:00 a.m. to 5:00 p.m., Monday through Friday, at 206 South Main Street, 7th Floor, City Hall, Greenville, South Carolina. PROPRIETARY INFORMATION The constrictors are asked for any restriction on the use of data contained in their responses and told that proprietary information will be handled in accordance with applicable laws, regulations and policies of the City of Greenville South Carolina. All proprietary information shall be labeled as such in the proposal. BACKGROUND CHECK The City reserves the right to conduct a background inquiry of each consultant which may include the collection of appropriate criminal history information, contractual business associates and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the consultant consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry. RECORDS The consultant shall maintain accurate and detailed books, records, correspondence and accounts relating to all parts of the project. Records shall be kept in accordance with sound generally accepted accounting principles. The City shall have the right to audit all records pertaining to the costs incurred under this contract. Such records shall be available during the term of the contract and for four (4) years after final payment under this contract. REQUIREMENTS The successful consultant shall comply with all instructions and shall perform services in a manner commensurate with the highest professional standards by qualified and experienced personnel. INDEPENDENT CONSULTANT The selected consultant shall be legally considered an independent consultant and neither the consultant nor its employees shall, under any circumstances, be considered employees of the City; and the City shall be at no time legally responsible for any negligence or other wrong doing by the consultant or its employees. The City shall not withhold from the contract payment to the consultant any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Consultant. Further, the City shall not provide to the consultant any insurance coverage or other benefits, including Workers' Compensation. JURISDICTION This agreement shall be governed by the laws of the state of South Carolina. Terms and Conditions Page 10 Rev 5_10/5/2015 ASSIGNMENT The consultant shall not assign, transfer, convey, sublet, or otherwise dispose of any or all of its rights, title, or interest therein, without prior written consent of the City. ACCEPTANCE OF PROPOSAL CONTENT Before submitting an offer, each respondent shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the offer will rely. If the offeror receives an award as a result of its proposal, failure to have made such investigations and examinations will in no way relieve the offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the consultant for additional compensation. COMPETITIVE NEGOTIATION SOLICITATION Negotiations shall be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked firsts shall be formally terminated and negotiations with the offeror ranked second shall be conducted. FORCE MAJEURE The consultant shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions, and acts of God beyond the control of the consultant, unless otherwise specified in the contract. FAILURE TO ENFORCE Failure by the City at any time to enforce the provisions of the contract shall not be construed as a waiver of any provisions. The failure to enforce shall not affect the validity of the contract or any part or the right of the City to enforce any provision at any time in accordance with its terms. FAILURE TO DELIVER In the event of failure of the consultant to deliver services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure the services from other sources and hold the consultant responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the City may have. EMPLOYMENT DISCRIMINATION During the performance of the contract, the selected consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin; however, some conditions may be a bona fide occupational qualification reasonably necessary for the normal operations of the consultant. The consultant agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Terms and Conditions Page 11 Rev 5_10/5/2015 DETERMINATION OF RESPONSIBILITY The City may make such investigation as it deems necessary to determine the ability of a consultant to furnish the required services, and the consultant will furnish to the City requested information and data for this purpose. The City reserves the right to reject any consultant if the evidence submitted by or investigation of the consultant fails to satisfy the City that such consultant is properly qualified to carry out the obligations of a Contract, and to deliver the services contemplated herein. Consultant will fully inform themselves as to conditions, requirements, and scope and manner of services before submitting their proposal. Failure to do so will be at the consultant's own risk. INDEMNIFICATION The selected consultant covenants to save, defend, keep harmless, and indemnify the City and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties, and costs, including court costs, attorney's fees, charges, liability, and exposure, however, caused, resulting from, arising out of, or in any way connected to the selected consultant's negligent performance or nonperformance of the terms of the contract. INSURANCE The consultant shall procure and maintain, during the life of the contract, insurance coverage, for not less than any limits of liability shown below and shall include contractual liability insurance as applicable to the consultant’s obligations, with a carrier authorized to do business in the State of South Carolina. All coverage shall be primary and shall apply separately to each insured against whom claim is made or suite is brought, except with respect to the limits of the insurer’s liability. Original certificates, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful bidder. Certificates of insurance must be included in the proposal. (a) Commercial General Liability: The consultant shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of the consultant and against all claims resulting from damage to any property due to any act or omission of the consultant, his agents, or employees in the operation of the work or the execution of this contract. Where the work to be performed involves excavation or other underground work or construction, the property damage insurance provided shall cover all claims due to destruction of subsurface property such as wire, conduits, pipes, etc., caused by the consultant’s operation. The minimum shall be as follows: Bodily Injury (Injury or Accidental Death) and Property Damage ..................................................... $1,000,000 per occurrence (b) Comprehensive Automobile Liability: The consultant shall maintain Automobile Liability Insurance for protection against all claims arising from the use of vehicles, rented vehicles, Terms and Conditions Page 12 Rev 5_10/5/2015 or any other vehicle in the prosecution of the work included in this contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the project. The minimum amounts of Automobile Liability Insurance shall be as follows: Bodily Injury (Injury or Accidental Death) and Property Damage ....................................... $1,000,000 Combined Single Limit (c) South Carolina Workers’ Compensation Insurance: The consultant shall maintain Workers’ Compensation Insurance for all of his employees who are in any way connected with the performance under this agreement. Such insurance shall comply with all applicable state laws. South Carolina Workers’ Compensation - Statutory Limits Employers Liability Insurance - $500,000 - Each Accident $500,000 - Disease Each Employee $500,000 - Disease Policy Limit Consultant shall provide the City with a Certificate of Insurance showing proof of insurance acceptable to the City. Certificates containing wording that releases the insurance company from liability for non-notification of cancellation of the insurance policy are not acceptable. Consultant and/or its insurers are responsible for payment of any liability arising out of Workers’ Compensation, unemployment or employee benefits offered to its employees. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII, and licensed to operate in South Carolina by the South Carolina Department of Insurance, unless otherwise acceptable to the City. Workers’ Compensation policy is to be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents. The successful consultant shall maintain the Automobile Liability and General Liability insurance, naming the City, its officers, officials, employees and agents as Additional Insured as respects liability arising out of the activities performed in connection with this request for bids. It shall be an affirmative obligation upon the consultant to advise the City’s Risk Manager at fax number 864-298-2744 or by e-mail within two days of the cancellation or substantive change of any insurance policy/coverage required above. Failure to do so shall be construed to be a breach of contract. Should consultant cease to have insurance as required during any time, all work by consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided. Deductibles, Co-Insurance Penalties, & Self-Insured Retention: The consultant shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- Terms and Conditions Page 13 Rev 5_10/5/2015 insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, or self-insured retention. Subconsultant’s Insurance: The consultant shall agree to cause each subconsultant employed by consultant to purchase and maintain insurance of the type specified herein, unless the consultant’s insurance provides coverage on behalf of the subconsultant. When requested by the City, the consultant shall agree to obtain and furnish copies of certificates of insurance evidencing coverage for each subconsultant. PAYMENT BOND The successful consultant, within ten (10) working days after acceptance of the consultant’s offer by the City, shall furnish a satisfactory Payment Bond in the FULL AMOUNT OF THE CONTRACT PRICE. The Payment Bond of the successful consultant shall assure that the consultant will promptly make payments to all persons supplying him/her or them with labor and/or materials in the prosecution of the work provided for in the contract. FAILURE TO PROVIDE PAYMENT BOND WHEN REQUIRED In the event the successful consultant fails to deliver to the City Purchasing Division the Payment Bond in said period of TEN CALENDAR DAYS after acceptance of offer by the City, then all work under the contract shall be suspended and the City shall have the option of terminating the contract. The remedies provided for under this provision shall not be construed to limit, waive, or otherwise abrogate any other remedy that the City shall be entitled to under other terms and conditions of this contract. PROFESSIONAL LICENSING Consultant shall secure and pay for licenses and/or certificates that may be necessary for proper execution and completion of the contract and which are legally required when proposals are received or negotiations concluded. CITY BUSINESS LICENSE The Consultant must obtain all business license(s) required by the Greenville City Code and ordinances. A Business License is not required to submit a bid. However, any firm that receives an award under this bid proposal shall be required to obtain a City Business License before work can begin. For further information on the provisions of The City Business License Regulations and their applicability to this contract, contact the Greenville City Business License Division at (864) 467-4550. TERMINATION FOR CONVENIENCE OR FOR CAUSE The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines that termination is in the City's best interest. Any such termination shall be effected by the delivery to the selected consultant of a written notice of termination at least fifteen (15) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such termination becomes effective. Terms and Conditions Page 14 Rev 5_10/5/2015 The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines, in its sole discretion that the selected consultant is not performing as set out in the contract. Any such termination shall be effected by the delivery to the selected consultant of a written notice of termination at least seven (7) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such termination becomes effective. After receipt of a notice of termination, except as otherwise directed, the selected consultant shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further order or subcontracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. COMPLIANCE WITH LAWS The selected consultant shall, in the performance of work under this contract, fully comply with all applicable Federal, State, County, or Municipal Laws, Rules, Regulations, or Ordinances and shall hold the City harmless from any liability resulting from failure of such compliance. RIGHTS RESERVED BY CITY The right is reserved by the City to reject any or all proposals; to waive any informality or irregularity not affected by law; to evaluate, in its absolute discretion, the proposals submitted; and to award the contract based on the established criteria and according to the proposal which best serves the interest of the City. NON-COLLUSION AFFIDAVIT As part of the Respondent's proposal, the consultant shall include the attached Non-Collusion Affidavit duly signed by a principal of the firm certifying that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all proposals shall be rejected if there is any reason for believing that collusion exists among the proposers. The City may or may not, at its discretion, accept future proposals for the same work from participants in such collusion. ETHICS IN PUBLIC CONTRACTING To comply with the provision of Section 8-13-100 et seq., Code of Laws of South Carolina, the proposer shall certify in writing and include with its proposal that its offer was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer, supplier, manufacturer, or subconsultant in connection with the offer; and that it has not conferred on any public employee, public member, or public official having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money services, or anything of more than nominal value. The proposer shall certify further that no relationship exists between itself and the City, another person, or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City. Terms and Conditions Page 15 Rev 5_10/5/2015 MINORITY/DISADVANTAGED SMALL BUSINESS PARTICIPATION It is the policy of the City of Greenville to undertake every effort to increase opportunity for utilization of small, disadvantaged, and minority businesses in all aspects of procurement to the maximum extent feasible. In connection with the performance of this contract, the Consultant agrees to use their best effort to carry out this policy and insure that small, disadvantaged, and minority businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with efficient performance of this contract. To this end, every consultant or potential consultant with the City is required to complete the S/WO/M BUSINESS ENTERPRISE FORM. NON-RESIDENT TAXPAYER REGISTRATION AFFIDAVIT Nonresident proposers receiving income from business conducted in South Carolina are required to pay taxes to the state on that income. To facilitate this requirement, a nonresident proposer must register with the South Carolina Secretary of State or the South Carolina Department of Revenue. In compliance with South Carolina Code Section 12-8-540 and 12-8-550, a proposer located outside of South Carolina that receives a contract from the City, must furnish to the City Form 1- 312 (Rev.10/5/07), Nonresident Taxpayer Registration Affidavit Income Tax Withholding, properly executed and signed. If your firm is not presently registered with the appropriate state office, you may indicate the intent to do so should your firm be awarded a contract. Questions concerning this form may be directed to the South Carolina Department of Revenue. EMPLOYEE VERIFICATION PER THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT By entering into this Agreement, the Consultant hereby certifies to City that the Consultant will verify the employment status of any new employees, and require any subconsultants or sub- subconsultants performing services hereunder to verify any new employees status, per the terms of the South Carolina Illegal Immigration Reform Act, and as set out in Title 41, Chapter 8 of the Code of Laws of South Carolina, 1976. CERTIFICATION OF COMPLIANCE WITH ANTI-DISCRIMINATION PROVISIONS OF SECTION 11-35-5300, CODE OF LAWS OF SOUTH CAROLINA, 1976 If this Agreement shall have a total potential value of ten thousand dollars ($10,000.00) or more, and/or unless such goods and/or services are offered to City for at least twenty percent (20%) less than the lowest certifying business, then, by submitting your bid and/or proposal, Contractor hereby certifies to City that Contractor is not currently engaged in, nor will it engage in, the boycott of a person or entity based in or doing business with World Trade Organization members and/or those with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations, with the understanding that Contractor’s failure to make such affirmative certification will prevent the City from being able to contract with Contractor, thus affecting a rejection of your bid and/or proposal. Terms and Conditions Page 16 Rev 5_10/5/2015 COMPLIANCE WITH THE SOUTH CAROLINA IRAN DIVESTMENT ACT OF 2014 By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to Section 11-57-310 of the Code of Laws of South Carolina, 1976. NON-APPROPRIATION Any contract entered into by the City resulting from this RFP shall be subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year. Page 17 Rev4/08.2014/RFP Signature Page PROPOSAL SUBMISSION SHEET The following documents must be included with this Request for Proposal: 1. RFP Signature Page (must be signed in ink) 2. Documentation requested in Section III: Project Submission 3. Certificate of Insurance showing present coverage 4. Copy of the Offeror's City Business License (A Business License is not required to submit an offer, however, if an award is made, the offeror will have ten (10) days to furnish a copy of the license to the Purchasing Division). 5. Ethics in Public Contracting Certification 6. Non-Collusion Affidavit 7. Small / Woman-Owned / Minority Business Enterprise Form 8. OMB Form 5A 9. OMB Form 5B 10. Non-Resident Taxpayer Affidavit (S.S. Department of Revenue I-312) 11. Certification of Compliance with the South Carolina Illegal Immigration Reform Act 12. RFP Signature Form (must be signed in ink) RFP No. 16-3515 Page 18 Rev4/08.2014/RFP Signature Page SIGNATURE FORM CITY OF GREENVILLE SOUTH CAROLINA RFP NO. 16-3515 OFFEROR’S NAME: ______________________________________________________ The undersigned, having become familiar with the existing conditions and the Proposal Scope of Services hereby proposed and agrees to complete the work as described in accordance with the Request for Proposal and Contract Documents. Bidder warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the Bidder, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. This offer is genuine and not made in interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly induced or solicited any other Bidder to submit false or sham bid; Bidder has not solicited or sought by collusion to obtain for itself any advantage over any other Bidder or other Owner. The words “Bidder”, “Offeror”, “Proposer”, “Vendor”, and “Contractor” are used interchangeably throughout this solicitation, and are used in place of the person, firm, or corporation submitting a solicitation. Bidder has examined copies of all documents and of the following addenda: Addendum No. Date 1. City of Greenville Business License Number ____________________________ 2. Name of Insurance Carriers: Liability Expires Property Damage Expires Workers’ Compensation Expires RFP No. 16-3515 Page 19 Rev4/08.2014/RFP Signature Page Professional Liability Expires 3. Offeror’s Information: Offeror Post Office Box Zip Street Zip City State Telephone Fax Email *Signature Title Proposal will not be accepted unless signed in ink (not typed) in the appropriate space by an authorized officer or employee of the bidder. Printed Name Date ETHICS IN PUBLIC CONTRACTING AFFIDAVIT STATE OF ______________________________) COUNTY OF ____________________________) _____________________________________, being first duly sworn, deposes and says that: 1. He/She is_____________________________(title) for/of _________________________ (company/business), the Bidder that has submitted the attached Bid; 2. He/She is legally qualified and capable of signing this affidavit and is authorized to do so by Bidder; 3. He/She is fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 4. Such Bid is genuine and is made without fraud; 5. Neither the said Bidder, nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest has offered or received any kickbacks or inducements from any offeror, suppliers, manufacturer, or subcontractor in connection with the offer, and they have not conferred on any public employee, public member, or public official having official responsibility for this procurement or transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of value as defined in Section 8-13-100 of the South Carolina Code of Laws; and 6. Furthermore, neither the Bidder, nor any of its officers, partners, owners, agents representatives, employees or parties in interest has any relationship with the City, another person, or organization that interferes with fair competition or that constitutes a conflict of interest with respect to a contract with the City. _________________________________ __________________________________ DATE COMPANY/BUSINESS BY:________________________________ SIGNATURE ________________________________ PRINTED NAME SWORN to before me this _____ ITS:_______________________________ day of _____________, 20_____ TITLE Notary Public for ___________________(state) My commission expires ______________ By:_______________________________ (signature) NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF ______________________________) COUNTY OF ____________________________) _____________________________________, being first duly sworn, deposes and says that: 7. He/She is ____________________________ of ______________________________, the Bidder that has submitted the attached Bid; 8. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 9. Such Bid is genuine and is not a collusive or sham Bid; 10. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other bidder, or to secure through any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Greenville, SC or any person interested in the proposed contract; and 11. The price or prices quoted in the attached Bid are fair and proper and are not tainted by a collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (signed)_____________________________ ______________________________ (title) Subscribed and sworn to before me this _____ day of _______________, 20____ ____________________________________ (signature) My commission expires_________________ I-312 (Rev. 6/29/07) 3323 NONRESIDENT TAXPAYER REGISTRATIONAFFIDAVIT INCOME TAX WITHHOLDING The undersigned nonresident taxpayer on oath, being first duly sworn, hereby certifies as follows: Hiring or Contracting with: Name: Address: Receiving Rentals or Royalties From: Name: Address: Beneficiary of Trusts and Estates: Name: Address: I hereby certify that the above named nonresident taxpayer is currently registered with (check the appropriate box): The South Carolina Secretary of State or The South Carolina Department of Revenue Date of Registration: I understand that by this registration, the above named nonresident taxpayer has agreed to be subject to the jurisdiction of the South Carolina Department of Revenue and the courts of South Carolina to determine its South Carolina tax liability, including estimated taxes, together with any related interest and penalties. I understand the South Carolina Department of Revenue may revoke the withholding exemption granted under Code Sections 12-8-550 (temporarily doing business or professional services in South Carolina), 12-8-540 (rentals), and 12-8-570 (distributions to nonresident beneficiary by trusts or estates) at any time it determines that the above named nonresident taxpayer is not cooperating with the Department in the determination of its correct South Carolina tax liability. The undersigned understands that any false statement contained herein could be punished by fine, imprisonment or both. Recognizing that I am subject to the criminal penalties under Code Section 12-54-44 (B) (6) (a) (i), I declare that I have examined this affidavit and to the best of my knowledge and belief, it is true, correct and complete. (Seal) Signature of Nonresident Taxpayer (Owner, Partner or Corporate Officer, when relevant)Date If Corporate officer, state title: (Name - Please Print) 1. 2. 3. 4. 5. 6. 7. 8. Mail to: The company or individual you are contracting with. 33231028 Name of Nonresident Taxpayer: Trade Name, if applicable (doing business as): Mailing Address: Federal Employer Identification Number (FEIN): STATE OF SOUTH CAROLINADEPARTMENT OF REVENUE13501350 I-312(Rev. 4/27/10)3323 INFORMATION NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT REQUIREMENTS TO MAKE WITHHOLDING PAYMENTS Code Section 12-8-550 requires persons hiring or contracting with a nonresident taxpayer to withhold 2% of each payment made to the nonresident where the payments under the contract exceed $10,000. However, this section does not apply to payments on purchase orders for tangible personal property when those payments are not accompanied by services to be performed in this state. Code Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate of $1,200 or more a year for the use of or for the privilege of using property in South Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5% if the payment is made to a corporation. Code Section 12-8-570 requires trusts or estates making distribution of South Carolina taxable income to a nonresident beneficiary to withhold 7% of the beneficiary's distribution which is attributable to South Carolina taxable income. Our Internet address is:www.sctax.org 33232026 Submit this form to the company or individual you are contracting with. Do not submit this form to South Carolina Department of Revenue. PURPOSE OF AFFIDAVIT A person is not required to withhold taxes for a nonresident taxpayer who submits an affidavit certifying that they are registered with either the South Carolina Secretary of State or the South Carolina Department of Revenue. AFFIDAVITS2003 SMALL/WOMAN-OWNED/MINORITY BUSINESS ENTERPRISE FORM YOUR COMPANY=S CURRENT STATUS SUPPLIER BUSINESS CLASSIFICATIONS Is this a small business? Yes No A small business is a business which is independently owned and operated, not dominant in its field of operation, and can qualify under criteria concerning number of employees, average annual receipts, or other criteria as outlined by the Small Business Administration. (See CFR Title 13, Part 121, as amended) Is this a woman-owned business? Yes No A woman-owned business is a business which is at least 51% owned by a woman or women who also control and operate the business. Is this a minority-owned business? Yes No If Yes, please indicate minority group: __ Asian American __ Black American __ Hispanic American __ Native American A minority-owned business is a business which is at least 51% owned, controlled and operated by socially and economically disadvantaged individuals. The following groups are among those presumed to be socially and economically disadvantaged: Asian Americans, Black Americans, Hispanic Americans, and Native Americans. Is this a disabled-owned business? Yes No A disabled-owned business is a business which is at least 51% owned, controlled and operated by an individual or individuals who are disabled. Is this a veteran-owned business? Yes No A veteran-owned business a business which is at least 51% owned, controlled and operated by an individual or individuals who are U.S. veterans. Is this a disabled veteran-owned business? Yes No A disabled veteran-owned business is a business which is at least 51% owned, controlled and operated by an individual or individuals who are U.S. veterans and disabled. Are the individuals who own, control and operate this business U.S. citizens? Yes No Is this business a non-profit organization? Yes No Is this business incorporated? Yes No * Submit copy of certification certificate, as applicable Rev 0 June 4, 2010 CERTIFICATION OF COMPLIANCE WITH THE SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT I, _______________________________, hereby state and declare that I am the (name) __________________________ of _______________________________________, and (title) (name of entity) hereby certify to the City of Greenville that, as to any service contract subsequently entered into with the City of Greenville, that __________________________________________ (name of entity) intends to verify any new employees= status, and require any of my subcontractors or sub- subcontractors performing services under any contract with the City of Greenville to verify any new employees= status, per the terms of the South Carolina illegal Immigration Reform Act, and as set out in Title 41, Chapter 8 of the Code of Laws of South Carolina, 1976. _______________________________________ (name of official) Date: ____________________________