Item P3P.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida Keys l'U � Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
January 23, 2019
Agenda Item Number: P.3
Agenda Item Summary #5085
BULK ITEM: Yes DEPARTMENT: Risk Management
TIME APPROXIMATE: STAFF CONTACT: Maria Slavik (305) 295-3178
N/A
AGENDA ITEM WORDING: Approval to Advertise a Solicitation for Proposals for Public
Adjusting Claim Services. The services of the Contractor will be used as a retainer agreement
following catastrophic events resulting in significant damage, such as hurricanes.
ITEM BACKGROUND: The contract, when awarded, will serve as a retainer agreement and the
County will use the services of the contractor following catastrophic events resulting in significant
damage, such as hurricanes. Minor/incidental events are handled internally by staff and the
assistance of an adjusting firm is not required. The firm's fee is based on a percentage of the
insurance claims' gross amount adjusted or otherwise recovered. If there are no claims (i.e. no
hurricanes/major disasters assigned to Monroe County to the Contractor), there is no fee paid to the
Contractor.
PREVIOUS RELEVANT BOCC ACTION: Current contract with Goodman, Gable, Gould
Adjusters expires May 31, 2019.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to Advertise.
DOCUMENTATION:
Public Adjusters RFP
Monroe 2018-19 Property SOV REV 2.20.18 (.pdf format)
FINANCIAL IMPACT:
Effective Date: June 1, 2019
Expiration Date:
Packet Pg. 1407
P.3
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Maria Slavik
Cynthia Hall
Budget and Finance
Kathy Peters
Board of County Commissioners
If yes, amount:
Completed
Completed
Completed
Completed
Pending
O1/07/2019 4:36 PM
O1/07/2019 5:47 PM
O1/08/2019 8:08 AM
O1/08/2019 1:09 PM
O1/23/2019 9:00 AM
Packet Pg. 1408
P.3.a
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
PUBLIC ADJUSTING CLAIM SERVICES
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy
Mayor Pro Tem, Danny Kolhage, District 1
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT COUNTY ATTORNEY
Kevin Madok, CPA Risk Administration
May 2019
Bid Opening: 3:00pm, March 14, 2019
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P.3.a
TABLE OF CONTENTS
Section
Pages
SECTION ONE
Instructions to Proposers
3-15
• General information
• Coverages requested
• Evaluation Criteria
SECTION TWO
Sample Agreement
16-30
• Exhibit A, Scope of
31
Services
• Exhibit B, Disclosure of
32-34
Lobbying Activities
SECTION THREE
COUNTY FORMS AND
35-46
INSURANCE FORMS
• Response Form
• Lobbying and Conflict
of Interest Clause
• Non -Collusion Affidavit
• Drug -Free Workplace
Form
• Public Entity Crime
Statement
• Risk Management
Contract Administration
Manual pages and
Request for Waiver of
Insurance
Requirements
E
of 46 Packet Pg. 1410
P.3.a
SECTION ONE: INSTRUCTIONS TO PROPOSERS
1. Objective of the Request for Proposals
Monroe County is requesting proposals for the following:
➢ Public Adjusting Claim Services
The County desires to establish a retaining agreement that will govern the activities and pricing
of the services that will be provided. All services will be provided as deemed necessary by the
County. No services will be performed until authorized by the County to do so.
The effective date of the agreement will be June 1, 2019 or as soon thereafter as is possible
and renewable at the County's option for two (2) additional consecutive one year terms.
Items contained in this Request for Proposals (RFP) are considered to be an integral part of
the proposed programs. Adherence to the items listed here is intended by the County unless
specifically otherwise accepted by both the Proposer and the County. Acceptance of
modification of any portion of the items contained herein will not serve to waive or modify any
other portion of the proposed agreement.
The County is seeking a firm that will enter into a retainer agreement with the County that will
evaluate damage to County property and negotiate maximum settlements with its insurers
following catastrophic events resulting in significant damage. In addition, the firm will assist
the County in coordinating Public Assistance from the Federal Emergency Management
Agency (FEMA).
It is not anticipated that services will be required for minor/incidental events. The County will
not be responsible for any payments to the successful proposer unless a formal request for
services is issued by the County. The following services will be expected of the successful
proposer:
➢ Investigate and analyze all property damage associated with claims assigned to the
adjuster.
➢ Review all insurance policies and determine the recoveries available to the County
from each policy.
➢ Review pre -loss estimates that could affect recovery and recommend
modifications if necessary.
➢ Prepare a concise, well documented replacement cost estimate of buildings and
personal property damaged and determine the Actual Cash Value (ACV) if
applicable.
➢ Evaluate "code upgrade" coverages and costs, if applicable
➢ Negotiate interim and final settlements with the County insurers.
➢ Advise County management regarding the capture and development of loss information
(including direct damage, extra expenses, and loss of income).
➢ Coordinate and integrate all areas of the claim effort on behalf of the County.
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P.3.a
➢ Assist in the coordination of advance payments with the County insurers.
➢ Coordinate all inspections and meetings with the County's insurers.
➢ Provide regular status reports.
➢ Review all claim data with County representatives prior to being submitted to the
insurers.
➢ Conduct and/or participate in all settlement discussions with the County's insurers.
➢ Maintain all information obtained during the services provided to the County as
confidential.
➢ Expedite and maximize all recoveries available to the County.
➢ Coordinate with the Federal Emergency Management Agency (FEMA) if required.
➢ Any and all services required to resolve County claims with its insurers.
2 Background Information
Monroe County ("County") is a non -chartered county established under the Constitution and
the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent of the
board of county commissioners.
U)
The population of the County is estimated at approximately 77,013; the total current real and
personal property values are approximately $234.4 million. Approximately 88 locations are
currently insured by the County. Various smaller buildings used for maintenance and other .2
activities are currently self -insured. A Statement of Values of the County's Real and Personal
Property is attached.
The Board of County Commissioners, constituted as the governing body, has all the powers of
a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase,
hold, lease and convey real estate and personal property; and to generally exercise the
powers of a public authority organized and existing for the purpose of providing community
services to citizens within its territorial boundaries. In order to carry out this function, the
County is empowered to levy taxes to pay for the cost of operations and to provide services.
The County has a full time Risk Management Administrator who oversees the County's
insurance program to include the settlement of property claims. The program extends to all
County owned properties, including properties used by the County's agencies, boards, and
Constitutional Officers.
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P.3.a
3 Evaluation Criteria
The proposer with the highest cumulative Evaluation Points based on the following Evaluation
Schedule will be selected.
Evaluation Factor
Range of Possible
Evaluation Points
Experience in providing public adjusting claim
services with emphasis placed on services
0 to 15
provided to governmental entities
Familiarity with Monroe County operations
0 to 10
Ability and timing to provide licensed
adjusters onsite when requested by the
0 to 35
County
Pricing expressed as a percentage of
recoveries from the County's insurers. The
Maximum fee that will be considered by the
0 to 40
County is that expressed in Florida Statute §
626.854 10 b .
Possible Points
100
Interisk (the Consultant) is acting in a consulting capacity for the Monroe County BOCC under
the terms of an agreement between the County and Interisk. Interisk along with a Selection
Committee will be analyzing proposals and providing recommendations to the County with
regard to this RFP.
4. Requests for Additional Information
Requests for additional information relating to the specifications of this Request for Proposals
shall be submitted in writing directly to:
Maria Slavik, Risk Administrator
1111 12t" Street, Suite 408
Key West, Florida 33040
Telephone (305) 295-3178
Facsimile (305) 295-3179
slavik-maria@monroecounty-fl.gov
All requests for additional information must be received no later than 3:00 PM, February 28,
2019. All requests for additional information will be answered by way of an addendum to the
RFP, will be issued no later than close of business on March 5, 2019. The addendum will be
posted on Demand Star. Oral requests will not be answered.
5. Content of Submission / Proprietary and Confidential Information
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The proposal submitted in response to this Request for Proposals (RFP) shall be clear
and concise, tabulated, and provide the information requested herein. The hard copy shall be
on 8'/ x 11" paper and bound. Statements submitted without the required information will not
be considered. Responses shall be organized as indicated below. The Proposer should not
withhold any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be solicited.
Each Proposer must submit adequate documentation to certify the Proposer's compliance with
the County's requirements. Proposer should focus specifically on the information requested.
All Proposals received as a result of this RFP are subject to Chapter 119, Florida Statutes, and
will be made available for inspection upon request by any person in accordance with Florida
Statutes. Any Proposer asserting that any portion of its Proposal is confidential or exempt
from disclosure under Florida's public records law must specifically identify the portions of the
Proposal asserted to be confidential by placing the confidential information in a separate,
sealed envelope. The envelope must have the words "PUBLIC RECORDS EXEMPT" on it,
along with a citation to the Florida statute that establishes the confidentiality or exemption on
the front cover along with the Proposer's name.
U)
a
If that material is requested through a public records request, the County will notify the
Proposer of the request, and give the Proposer five (5) calendar days to obtain a court order 2
blocking the production of the material. If the court order is not issued during that time to block
the production, the material will be produced.
By the Proposer's designation of material in its proposal as "Public Records Exempt," the
Proposer agrees to defend and hold harmless the County from any claims, judgments,
damages, costs and attorney's fees incurred by the County by reason of any legal action
challenging the designation of the material.
Please be advised that the designation of material as confidential or exempt from disclosure as
a Public Record may impact the ability of the Evaluating Body to adequately assess the
Proposal and may therefore affect the ultimate award of the contract.
6. Format.
The response, at a minimum, shall include the following:
A. Cover Page,
A cover page that states "PROPOSAL FOR PUBLIC ADJUSTING CLAIM SERVICES" must be
included. The cover page should contain Proposer's name, address, telephone number, email, fax
number, and the name of the Proposer's contact person(s).
B. Tabbed Sections
Tab 1. Executive Summary
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P.3.a
The Proposer shall provide a narrative of the firm's qualities and capabilities that
demonstrates how the firm will work with the County to fulfill the requirements of
this Service. Describe the firm's methods of providing Public Adjusting Claim
Services listed in Section 1, both in the office and at locations affected by the
catastrophic events resulting in significant damage.
Tab 2. Relevant Experience
The Proposer shall provide a history of the firm or organization demonstrating
experience with services that are similar in scope and size to the requested
services. Such experience should include the Proposer's familiarity with Monroe
County's operations.
Tab 3. Past Performance on Similar Projects
The Proposer shall provide a list of past projects indicating the following:
Name and full address of the referenced project client
Name and telephone number of client contact for referenced project
Date of initiation and completion of contract
Summary of the project and services
Tab 4. Project Approach
The Proposer shall describe the approach and methodology it will use to
accomplish the work defined herein. The project approach shall include
information on schedule and availability, and any other relevant information
explaining how the services will be accomplished.
Tab 5. Staffing for this Project and Qualifications of Key Personnel
The Proposer shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of
persons with an interest in the firm.
The Proposer shall include a list of the proposed staff that will perform the work
required if awarded this contract. An organizational chart and management plan
should be included in this section. The Proposer shall also include minimum
qualifications for each class of employee of the project team and identify his/her
role on the team. Include in this section the location of the main office and the
location of the office proposed to work on this project. In addition, Proposer
should indicate when adjusters assigned to the County's loss will arrive in
Monroe County to start the adjustment process.
Tab 6. Other Information
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P.3.a
Tab 7.
Proposer shall provide any additional project experience that will give an
indication of the Proposer's overall abilities.
If the Proposer cannot fully comply with any of the terms contained in the draft
contract, shown in Section Two, all deviations to the terms must be spelled out in
this section, i.e. Tab 6.
Please include proposed pricing expressed as a percentage of recoveries from
insurers. The maximum fee that will be considered by the County are those
expressed in Florida Statute 626.854 (10) (b).
Litigation, Customer, Credit, and Financial History
In accordance with Section 2-347(h) of the Monroe County Code, each proposer must provide the
following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, name(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any prior
names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? If yes, provide
details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within
the last five (5) years, been a party to any lawsuit, arbitration, or mediation with
regard to a contract for services, or goods services similar to those requested in
the specifications with private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services? If
yes, provide details;
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P.3.a
e. Whether, within the last five (5) years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was an
officer, director, general partner, principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods similar
to those sought in the request for competitive solicitation. If yes, provide details;
f. Customer references (minimum of three), including name, current address and
current telephone number;
g. Credit references (minimum of three), including name, current address and
current telephone number;
h. Financial statements for the prior three years for the responding entity or for
any entity that is subsidiary to the responding entity; and
i. Any financial information requested by the county department involved in the
competitive solicitation, related to the financial qualifications, technical
competence, the ability to satisfactorily perform within the contract time
constraints, or other information the department deems necessary to enable
the department and board of county commissioners to determine if the person 2
responding is responsible.
Tab 8. County Forms
Proposer shall complete and execute the forms specified below and located in Section Three
in this RFP, as well as copies of all insurance and occupational licenses and shall include
them in this section, i.e. Tab 8:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non -Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Request for Waiver of Insurance Requirements (if applicable)
COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
7. STATEMENT OF PROPOSAL REQUIREMENTS
See also notice of Request for Proposals.
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P.3.a
Interested firms or individuals are requested to indicate their interest by submitting a
total of six (6), three (3) signed originals and three(3) complete copies, of the proposal, in a
sealed envelope clearly marked on the outside, with the Proposer's name and "Monroe
County Proposal for Public Adjusting Claim Services," addressed to Monroe County
Purchasing Department, 1100 Simonton Street, Room 2-213, Key West, FL 33040, which must
be received on or before 3:00 P.M. local time on March 14, 2019. Hand delivered Proposals
may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed
proposals shall be automatically rejected. It is the sole responsibility of each Proposer to
ensure its proposal is received in a timely fashion.
8. DISQUALIFICATION OF PROPOSER
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this RFP must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers, the proposals of all
participants in such collusion shall be rejected, and no participants in such collusion
will be considered in future proposals for the same work...
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit
a proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of
a public building or public work, may not submit Proposals on leases or perform
work as a contractor, supplier, subcontractor, or contractor under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Category Two: $25,000.00.
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his/her proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his/her bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
9. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract documents,
and inform himself/herself thoroughly regarding any and all conditions and
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requirements that may in any manner affect cost, progress, or performance of
the work to be performed under the contract. Ignorance on the part of the
Proposer shall in no way relieve him/her of the obligations and responsibilities
assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once
notify the County's representative addressed in item #4 of this RFP. The County
encourages all interested proposers to monitor Demand Star for any and all
addendum.
10. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDUM
No oral interpretations will be made to any Proposer as to the meaning of the contract
documents. Any inquiry or request for interpretation received by the Request for
Information Cut -Off Date will be given consideration. All such changes or interpretation
will be made in writing in the form of an addendum and, if issued, will be furnished to all
known prospective Proposers prior to the established Proposal opening date. Each
Proposer shall acknowledge receipt of such addenda in his/her Proposal. In case any
Proposer fails to acknowledge receipt of such addenda or addendum, his/her response
.2
will nevertheless be construed as though it had been received and acknowledged and the
submission of his/her response will constitute acknowledgment of the receipt of same. All
addenda are a part of the contract documents and each Proposer will be bound by such
addenda, whether or not received by him/her. It is the responsibility of each Proposer to
verify that he/she has received all addenda issued before responses are opened.
11. GOVERNING LAWS AND REGULATIONS
The successful proposer must comply with the provisions of Florida Statute § 626.854 to
include fees charged to the County as specified by Florida Statutes. It is the intention of
the County to enter into a non -monetary retaining agreement with the successful
proposer and all fees earned by the proposer will be in accordance with Florida Statute
§ 626.854.
The Proposer is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements
and regulations that in any manner affect the work. Knowledge of occupational license
requirements and obtaining such licenses for Monroe County and municipalities within
Monroe County are the responsibility of the Proposer. Knowledge of business tax
requirements and the responsibility for paying the tax in Monroe County and
municipalities within Monroe County are the responsibility of the Proposer.
12. PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space
provided for the signature. If the Proposer is an individual, the words "doing business as
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It or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and
the words "Member of the Firm" should be written beneath such signature. If the
Proposer is a corporation, the title of the officer signing the Response on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his
authority to sign the Response must be submitted. The Proposer shall state in the
response the name and address of each person having an interest in the submitting
entity.
13. MODIFICATION OF RESPONSES
Written modification will be accepted from Proposers if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to Proposal
due date and time. Modifications must be submitted in a sealed envelope clearly marked
on the outside, with the Proposers name and "Modification to Proposal - Monroe
County Proposal for Public Adjusting Claims Services." If sent by mail or by courier,
the above -mentioned envelope shall be enclosed in another envelope addressed to the 2
entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed
modifications shall be automatically rejected.
14. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
15. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers names shall be read aloud at the appointed time and place stated in the
Notice of Request for Proposals. Monroe County's representative authorized to open
the responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the
premature opening of a response not properly addressed and identified. Proposers or
their authorized agents are invited to be present.
16. DETERMINATION OF SUCCESSFUL PROPOSER
The contract shall be awarded based on the criteria and weighted points specified in
Number 3 above. The County will attempt to negotiate a contract with the firm with
highest cumulative points based on the sole discretion of the County. If a contract cannot
be agreed upon with the Proposer with the highest cumulative points, attempts to
negotiate a contract with the firm with the next highest cumulative point will commence.
This process will continue until a contract can be agreed upon by both parties.
The County reserves the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
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Responses that contain modifications that are incomplete, unbalanced, conditional,
obscure, or that contain additions not requested or irregularities of any kind, or that do not
comply in every respect with the Instruction to Proposer, may be rejected at the option of
the County.
17. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based
on geographic area or other criteria, and to waive any informality in any
response, or to re -advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar nature
on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of
contract.
D. The County reserves the right to reject all proposals.
18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day
period, the contract may be awarded to the next selected Proposer. Policies shall be
written by companies licensed to do business in the State of Florida and having an
agent for service of process in the State of Florida. Companies shall have an A.M. Besi
rating of A- or better, the required insurance shall be maintained at all times while
Proposer is providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $500,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The policy shall provide minimum limits of $500,000 Combined Single Limit
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If split limits are provided, the minimum limits acceptable shall be:
$300,000 per person
$500,000 per occurrence
$200,000 property damage
Vehicle Liability
(Owned, non -owned and hired vehicles) $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
Professional Liability
$200,000 per person
$300,000 per occurrence
$200,000 property damage
$1,000,000 per Occurrence
$2,000,OOOAggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
19. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage,
including damage to property owned by Monroe County, and any other losses,
damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by
the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or
other wrongful act or omission of the Proposer, its Subcontractor(s), their officers,
employees, servants or agents.
In the event that the service is delayed or suspended as a result of the
Proposer/Vendor's failure to purchase or maintain the required insurance, the Vendor
shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for
the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
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20. EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County for the services
provided for in this RFP. The Proposer with whom a contract is negotiated shall be
required to return to the County (3) executed counterparts of the prescribed Contract
together with the required certificates of insurance.
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SECTION TWO: SAMPLE AGREEMENT
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do they
purport to address all issues which may arise between the contracting parties. The documents
may be amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR
PUBLIC ADJUSTING CLAIM SERVICES
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY'), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040 and ("CONTRACTOR"), whose address is
This Agreement shall consist of the terms, conditions and covenants contained in this
Agreement, including all exhibits, and shall also include any and all representations contained
in the Proposal submitted by the Contractor in response to the Request for Proposal (RFP) for .2
Public Adjusting Claims Services.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services — Exhibit A — which is attached hereto and made
a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR
warrants that it is authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these Agreement documents. The
CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship
with the County. To the extent that Contractor uses subcontractors or
independent contractors, this Agreement specifically requires that subcontractors
and independent contractors shall not be an employee of the County.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
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2.1 The County shall provide a schedule of the structures that need to be evaluated.
Section 3. TERM OF AGREEMENT
3.1 The initial Agreement term will be for one (1) year beginning the day of
, 2019 ("Effective Date"). The Agreement shall be renewable at the
County's sole option for two (2) additional consecutive one year terms.
3.2 Modification: If either party desires to modify this Agreement, it shall notify the other
in writing at least thirty (30) days prior to the effective date of such modification. In
the case of proposed modification, the party receiving the notification of the
proposed modification shall itself notify the other party within ten (10) days after
receipt of notice of its agreement to the proposed modification. Failure to do so shall
terminate this Agreement.
Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statutes. The Provider shall submit the invoice and supporting
documentation acceptable to the Clerk to the County's Representative expressed in
Item #4 of this RFP. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the clerk's
disbursal of funds. The Risk Administrator shall review the request, note his/her
approval on the request and forward it to the Clerk for payment.
4.2 Continuation of this Agreement beyond the initial fiscal year is contingent upon annual
appropriation by Monroe County.
Section 5. CONTRACT TERMINATION
5.1 Termination for Cause: Either party may terminate this Agreement because of the
failure of the other party to perform its obligations under the Agreement. In the event of such
breach, the party shall provide notice to the other party, and shall give the other party at least
business days within which to cure the breach. If the breach is not cured within that time
period, the Agreement may be terminated for cause.
5.2 Termination for Convenience: The COUNTY may also terminate this Agreement
without cause upon thirty (30) days' notice to the CONTRACTOR. The COUNTY shall pay
CONTRACTOR for work performed through the date of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his/her
response, and this Agreement and has made a determination that he/she has the
personnel, equipment, and other requirements suitable to perform this work and
assumes full responsibility therefore. The provisions of the Agreement shall control any
inconsistent provisions contained in the specifications. All specifications have been
read and carefully considered by CONTRACTOR, who understands the same and
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agrees to their sufficiency for the work to be done. Under no circumstances, conditions,
or situations shall this Agreement be more strongly construed against COUNTY than
against CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished
by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with
the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives
may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of
services during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY: Risk Administrator
1111 12t" Street, Suite 408
Key West, Florida 33040
To the CONTRACTOR:
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the agreement and for five (5)
years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from
the date the monies were paid to CONTRACTOR.
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Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR
is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the CONTRACTOR or keep and maintain public records that
would be required by the County to perform the service. If the CONTRACTOR transfers
all public records to the County upon completion of the contract, the CONTRACTOR
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the CONTRACTOR keeps and maintains
public records upon completion of the contract, the CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian of records,
in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon violation
of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement
will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid hereto,
and may result in debarment from County's competitive procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on an Agreement with a public entity for the
construction or repair of a public building or public work, may not perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36
months from the date of being placed on the convicted vendor list.
Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
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Section 12. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Section 13. ATTORNEYS FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees, and court costs, as an award against the non -prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of
Monroe County.
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, then any
party shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This Agreement shall not be subject to arbitration.
Section 17. COOPERATION
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In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
Section 18. NONDISCRIMINATION
During the performance of this Agreement, the CONTRACTOR agrees as follows:
1. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice
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to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders
7. In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 20. CODE OF ETHICS
The parties understand and agree that officers and employees of the COUNTY are required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for
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it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the provision, the
CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
Section 22. FEDERAL CLAUSES
The County anticipates that some or all of the funds to pay for the services covered by this
Agreement may come from federal grant awards, as that term is defined in 2 CFR part 200.
Therefore, the following clauses are included in this Agreement:
22.1. Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional
Office of the Environmental Protection Agency (EPA).
22.2. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
22.3. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. The certification is attached to
this Agreement as Exhibit B. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non -Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal
award. The Contractor must submit Exhibit B to the County's Benefits office within 10 days
following execution of this Agreement by the County.
22.4. Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
22.5. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Contractor during the
term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
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Section 23. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 24. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the COUNTY.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof
by any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except
to the extent permitted by the Florida constitution, state statute, and case law.
Section 26. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that
neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
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including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion
Agreement.
Section 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member, officer, agent or employee of Monroe County in his or her individual capacity,
and no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to
all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR
may require all Subcontractors to obtain insurance consistent with the attached schedules;
however, CONTRACTOR is solely responsible to ensure that said insurance is obtained and
shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be
grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as
specified below. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments shall
be imposed as if the work commenced on the specified date and time, except for the
CONTRACTOR's failure to provide satisfactory evidence.
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The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced and/or termination of this Agreement and for damages to the
COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
31.2Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$500,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
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provisions should include coverage for claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
general liability policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
vehicle liability policies issued to satisfy the above requirements.
31.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
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31.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout the
life of the contract, Professional Liability Insurance which will respond to damages resulting
from any claim arising out of the performance of professional services or any error or omission
of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 Aggregate
Section 32. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE
CONTRACTOR assumes and agrees to hold harmless, indemnify, protect, and defend the
COUNTY and the COUNTY's elected and appointed officers and employees, Boards and
Commissions, and any other agents, individually and collectively (collectively, "indemnified
parties"), against any and all fines, penalties, lawsuits, claims, actions, causes of action,
litigation, demands, obligations, administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury (including death), loss, damage, fine, 2
penalty, liability, judgment, or business interruption, and any and all costs, fees, attorney fees,
or expenses that may be asserted against, initiated with respect to, or sustained by, any of the
indemnified parties by reason of, arising out of, incident to, resulting from, or in connection
with, (A) any and all activities, operations, or work of CONTRACTOR or any of its employees,
agents, consultants, sub -contractors or other persons employed or utilized under any and all of 2
the obligations and terms of this Agreement, (B) the negligence, errors, omissions,
recklessness, or intentional or willful misconduct of CONTRACTOR or any of its employees,
agents, consultants, sub -contractors or other persons employed or utilized, or (C) .2
CONTRACTOR's non-conformance, breach, or default with respect to any of the obligations
and terms under this Agreement. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs, fees, or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement. CONTRACTOR agrees that the indemnified parties
may select the attorneys to appear and defend such claims, actions, causes of action, or
litigation on behalf of the indemnified parties. CONTRACTOR further agrees to pay at the
CONTRACTOR's expense the attorneys' fees and costs incurred by those attorneys selected
by the indemnified parties to appear and defend such claims, actions, causes of action, or
litigation on behalf of the indemnified parties at the trial and appellate levels. CONTRACTOR
agrees that the first ten dollars ($10.00) of remuneration paid to CONTRACTOR represents
specific consideration for the indemnification obligation provided above. The extent of liability is
in no way limited to, reduced or lessened by the insurance requirements contained elsewhere
with in this Agreement.
The duty to defend under this Section is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the CONTRACTOR, the
COUNTY and any indemnified party. The duty to defend arises immediately upon presentation
29 of 46 Packet Pg. 1437
P.3.a
of a claim by any party and written notice of such claim being provided to the CONTRACTOR.
The CONTRACTOR's obligation to indemnify and defend under this Section will survive the
expiration or earlier termination of this AGREEMENT until it is determined by final judgment
that an action against the COUNTY or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this
project, and shall correct at its expense all significant errors or omissions therein which may be 2
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not .2
apply to any maps, official records, contracts, or other data that may be provided by the
COUNTY or other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. Such delays or hindrances, if any, shall be compensated for
by the COUNTY by an extension of time for a reasonable period for the
CONTRACTOR to complete the work schedule. Such an agreement shall be made between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the day of 20_.
(SEAL)
Attest: KEVIN MADOK, CPA, CLERK
OF MONROE COUNTY, FLORIDA
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
BOARD OF COUNTY COMMISSIONERS
M
Mayor/Chairman
(Name of Contractor)
30 of 46
Packet Pg. 1438
P.3.a
by _
Title:
EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS
The firm shall provide adjusting services on an as needed basis. The firm will evaluate damage to
County property and negotiate maximum settlements with its insurers following catastrophic
events resulting in significant damage. In addition, the firm will assist the County in
coordinating requests for Public Assistance from the Federal Emergency Management Agency
(FEMA).
The following services will be expected of the successful proposer:
➢ Investigate and analyze all property damage associated with claims assigned to the
adjuster.
➢ Review all insurance policies and determine the recoveries available to the County from
each policy.
➢ Review pre -loss estimates that could affect recovery and recommend modifications if
necessary.
➢ Prepare a concise, well documented replacement cost estimate of buildings
and personal property damaged and determine the Actual Cash Value (ACV) if
applicable.
➢ Evaluate "code upgrade" coverages and costs, if applicable.
➢ Negotiate interim and final settlements with the County insurers.
➢ Advise County management regarding the capture and development of loss information
(including direct damage, extra expenses, and loss of income).
➢ Coordinate and integrate all areas of the claim effort on behalf of the County.
➢ Assist in the coordination of advance payments with the County insurers.
➢ Coordinate all inspections and meetings with the County's insurers.
➢ Provide regular status reports.
➢ Review all claim data with County representatives prior to being submitted to the
insurers.
➢ Conduct and/or participate in all settlement discussions with the County's insurers.
➢ Maintain all information obtained during the services provided to the County as
confidential.
➢ Expedite and maximize all recoveries available to the County.
➢ Coordinate with the Federal Emergency Management Agency (FEMA) if required.
➢ Any and all services required to resolve County claims with its insurers.
A copy of the County's Current Statement of Values is included as attachment for reference.
31 of 46 Packet Pg. 1439
P.3.a
EXHIBIT B
Approved by OMB
0348-0046
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
1. Type of Federal Action:
2. Status of Federal
3. Report Type:
Action:
a. contract
X a. initial filing
X b. grant
X a. bid/offer/application
b. material change
c. cooperative agreement
b. initial award
d. loan
c. post -award
For material change only:
e. loan guarantee
Year quarter
f. loan insurance
Date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee,
X Prime Subawardee
Enter Name and Address of Prime:
Tier if Known:
N/A
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040-3110
Congressional District, i known: FL26
Congressional District, i known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
CFDA Number, ifapplicable: 16.738
8. Federal Action Number, if known:
9. Award Amount, if known:
BJA-2018-13626
$ 13,982
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, MI):
different from No. IOa)
(last name, first name, MI). -
N/A
N/A
11. Information requested through this form is authorized by
title 31 U.S.C. section 1352. This disclosure of lobbying
Signature:
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction
Print Name:
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported
Title:
to the Congress semi-annually and will be available for public
inspection. Any person who fails to file the required
Telephone No.: Date:
disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
32 of 46 Packet Pg. 1440
P.3.a
Federal Use Only Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
E
33 of 46 Packet Pg. 1441
P.3.a
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section
1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both
the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
E
u-
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
U)
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
2
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
2
5. If the organization filing the report in item 4 checks " Subawardee," then enter the full name, address, city, State and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included
prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure
Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays
a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting
burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this
burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503
34 of 46 Packet Pg. 1442
P.3.a
SECTION THREE
COUNTY FORMS AND INSURANCE FORMS
RESPONSE FORM
y0i]►I�jri�i�L�]>•l:�i]=1�Z�1� : •ll 13 V O 6101:11
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
I have included
• Response Form
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Monroe County business tax receipt and relevant
U)
City business tax receipt are required to be
obtained within ten days of award of the contract
• Request for Waiver of Insurance Requirements
2
I have included a current copy of the following professional license and Monroe County business tax receipt:
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbizaor .
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity
Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida Department
of State, Division of Corporations.
Mailing Address
Signed
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Witness:
Subscribed and sworn to (or affirmed) before me on
(date) by
has produced
My Commission Expires:
Telephone:
Fax:
Date:
(name of affiant). He/She is personally known to me or
(type of identification) as identification.
NOTARY PUBLIC
35 of 46 Packet Pg. 1443
P.3.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
91
it warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
M
to me or has produced
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
(date)
(name of affiant). He/She is personally known
(type of
36 of 46 Packet Pg. 1444
P.3.a
NON -COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of perjury, depose and say that
according to law on
1. 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bida.
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
U)
bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other
2
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
a
(Signature)
.2
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
of identification) as identification.
NOTARY PUBLIC My Commission Expires:
(name of affiant). He/She is
(type
37 of 46 Packet Pg. 1445
P.3.a
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies
that:
(Name of Business)
1.
Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2.
Informs employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3.
Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
2
4.
In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
2
or plea of guilty or polo contenderre to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5.
Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6.
Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
e)
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
(name of affiant). He/She is personally known to me or has
produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
38 of 46
Packet Pg. 1446
P.3.a
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted
vendor list."
I have read the above and state that neither (Proposer's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
me or has produced
identification) as identification.
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
39 of 46
Packet Pg. 1447
P.3.a
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
40 of 46 Packet Pg. 1448
P.3.a
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
The Contractor shall provide proof of workers' compensation insurance coverage and
employers' liability insurance coverage, or the reason for exemption from the same, prior to the
commencement of work governed by this contract. Coverage shall be maintained throughout
the entire term of the contract, and the Contractor shall provide proof of continuing coverage
upon request by the County throughout the term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial statements
from the fund upon request from the County.
41 of 46 Packet Pg. 1449
P.3.a
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$500,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum
of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
42 of 46 Packet Pg. 1450
P.3.a
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
43 of 46 Packet Pg. 1451
P.3.a
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain, throughout the
life of the contract, Professional Liability Insurance which will respond to damages resulting
from any claim arising out of the performance of professional services or any error or omission
of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 aggregate
44 of 46 Packet Pg. 1452
P.3.a
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority
to waive this provision.
and 2
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with
the County Administrator or the Board of County Commissioners, who retains the final
decision -making authority.
45 of 46 Packet Pg. 1453
P.3.a
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Risk Management:
Date:
County Administrator appeal:
Approved
Date:
Board of County Commissioners appeal:
Approved
Meeting Date:
PROPOSER
Not Approved
Not Approved
Not Approved
SIGNATURE
E
46 of 46 Packet Pg. 1454
Monroe County Board of County Commissioners
Statement of Values as of May 1, 2016
P.3.b
Signed and Dated:
Packet Pg. 1455
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P.3.b
Monroe County BOCC
Contractors Equipment
May 1, 2016 to May 1, 2017
ATTACHMENT B:
Monroe County, Florida
Contractors Equipment Statement of Values
County ID #
Description
Purchase Price
#0903-667
1993 Kohler Generator 100kw
$29,000
#0903-668
1993 Kohler Generator 100kw
$29,000
#0903-669
1993 Kohler Generator 100kw
$29,000
#0903-670
1993 Kohler Generator 100kw
$35,000
#0903-671
1993 Kohler Generator 100kw
$35,000
#0903-672
1993 Kohler Generator 100kw
$48,000
#0940-177
1987 Huber Road Maintainer Mod 850A #88K4117
$41,731
#0940-222
1989 Ferguson Static Road Roller 618
$36,968
#0940-230
1989 Catepillar Dozer #45V82022
$41,826
#0940-238
1990 Huber Maintainer-Mod.M860
$40,726
#0940-259
1990 Ford Tractor-Mod.6610W / Boom Flail. Axe MO
$31,362
#0940-302
1991 Ferguson Pnuematic Roller 828
$31,503
#0940-311
1991 Catepillar Loader/Backhoe#5PC14031U458719V
$41,720
#0940-361
1994 John Deere Front End Loader #DW544GD545484
$63,000
#0940-411
1996 Ford Tractor & Motrim Boom Mower #352741 M
$38,000
#0940-423
1996 Catepillar Tractor Backhoe Loader #6KL02253
$55,135
#0940-425
1996 New Holland Tractor W/ Motrim Boom
$38,000
#0940-462
1997 Bandit Brush Chipper
$26,000
#0940-445
1997 Caterpillar 12th Grader#4XM01347
$81,903
#0940-455
1997 New Holland Ford Tractor W / Motrim Boom #356963M
$38,928
#0940-456
1997 New Holland Ford Tractor W / Motrim Boom #356962M
$38,196
#0940-465
1997 Simco Drill1ing Rig #961533
$20,000
#0940-427
1997 CatepillarVibratory Roller CB214C #0781896010548
$23,030
#0940-457
1997 Leeboy Asphalt Paver L800 #1162CH
$55,552
#0946-480
1997 Caterpillar Loader/ BackHoe #6XN01404
$49,983
#3200-047
1990 Ford Tractor W / Boom New Holland #AB-1920
$31,362
#0976-055
1997 Deere 244F, Loader
$64,000
#0977-154
1996 H ster Forklift
$31,000
#0920-468
1998 Deere 1070 Tractor
$17,000
#0974-057
1989 Fiat / Allis 14C Dozer
$87,000
#0976-054
1989 Michigan L120 Loader
$97,000
#0972-037
1997 Deere 244H Loader
$65,000
#0974-059
1989 Fiat / Allis 14C Dozer
$78,000
#2403 - 003
1999 Ford / NH 4630 Tractor
$15,000
#0973-049
1989 Kawasaki KS565Z Loader
$63,000
#0973-053
1990 CAT D6A Dozer
$138,000
#0973-077
1990 REX 3-35 Trashmaster
$151,000
#0940-542
2000 Case 621C Front end loader#JEE0123001
$76,784
#0940-556
2001 Case 621C Front end loader#JEE0125430
$76,784
#0940-576
2002 Case 621 D Front end loader #JEE0134224
$83,615
#0940-555
2001 D na acCA250Roller#220426
$62,500
#0940-570
2002 BOMAG BW120as-3 roller#101170516900
$27,275
#0940-571
2002 BOMAG BW120as-3 roller#101170516899
$27,275
#0902-519
1995 CAT SR4 Generator
$176,000
#1437-492
1993 Kohler 80ROZJ
$26,000
#1808-008
1994 Kohler 20ROZJ8
$17,000
#1808-010
1994 Kohler 15ROZ
$17,000
#1808-011
1994 Kohler 15ROZ J81
$17,000
#1808-012
1990 Kohler 15ROZ
$17,000
#2500-020
1992 Kohler 60ROZJ61
$34,000
Packet Pg. 1459
P.3.b
Monroe County BOCC
Contractors Equipment
May 1, 2016 to May 1, 2017
Monroe County, Florida
Contractors Equipment Statement of Values
County ID #
Description
Purchase Price
#2500-021
1992 Kohler 60ROZJ61
$34,000
#0940-5195
2006 Vac Tour Sewer Cleaner
$240,000
#940-541
2000 Street Sweeper
$108,000
#583
2003D na ac CA-250 Roller#65221423
$72,174
#337
1992 Linear Dynamics Paint Striper
$17,500
#257
1990 Ford New Holland 2910 Tractor
$15,152
#486
1998 Ford 4630 Tractor#096678B
$21,041
#487
1998 Ford new Holland 4630 Tractor
$20,946
#488
1998 Ford new Holland 4630 Tractor #096671 B
$20,946
#353
1993 Ford 4630 Tractor #BD42570
$12,331
#354
1993 Ford 4630 Tractor #BD42571
$12,231
#450
1997 Ford 4630 Tractor #069781 B
$14,219
#451
1997 Ford 4630 Tractor #069829B
$15,400
#489
1998 Ra co 1635A Stump Grinder #1 R9301318WW220001
$19,696
#521
1999 Bandit 280XPBrush BDT #000452
$28,916
#520
1999 Vermeer StumpGrinder#VRN141G8W!000661
$17,696
#139
2001 Road Lazer Paint Striper #1 G9RL0515VA213
$17,510
#028
1980 In er Rand Compressor #116259
$7,225
#305
1991 Leroi Compressor #3217X335
$12,445
#369
1994 Planer#2402403876
$8,317
#593
2004 Case 40X7SS Loader #JAF40031 1
$24,972
#5538
72" Extreme Dixie Chopper
$8,498
#5537
72" Extreme Dixie Chopper
$8,498
#5536
72" Extreme Dixie Chopper
$8,498
#5550
Tractor
$57,381
#5583
John Deer Gator
$6,330
#5584
John Deer Gator
$6,330
#5585
John Deer Gator
$6,330
#5582
John Deer Gator
$6,330
#5581
2006 Bomag Roller
$30,845
4X4TWDG2X6A238056
2006 Wildwood Travel Trailer
$10,800
4X4TWDG236A238030
2006 Wildwood Travel Trailer
$10,800
4X4TWDG216A237961
2006 Wildwood Travel Trailer
$10,800
4X4TWDG28A238167
2006 Wildwood Travel Trailer
$10,800
4X4TWDG25A237963
2006 Wildwood Travel Trailer
$10,800
5621
Wells Cargo Trailer 1WC200J2X53052439
$29,534
5624
Mallard Travel Trailer 1EF1B302765341843
$22,600
5625
Mallard Travel Trailer 1EF1B302265341846
$22,600
5917
New Holld Tractor Model TN70A
$21,400
20OKW Skid Mounted Feneral #20660
$40,890
Equipment at Sheriffs Hangar, Marathon Airport
$203,253
1FGMF53Y47DA00515
2007 Mobile Command Unit, Ford Command
$139,615
040814B
1997 New Holland Tractor
$20,952
TCM0510848J
2006 John deere Z-Track
$7,220
9RB04500
1990 Caterpillar Fork Lift
$20,780
60158
1989 Front End Loader
$97,143
112042B
1999 New Holland Tractor
$15,196
6071
2007 Kubota Trailer
$10,995
2008 UASI Bombequipment
$330,399
Grand Total
$4,410,492
E
Packet Pg. 1460
P.3.b
Monroe County Board of County Commissioners
EMAS Statement of Values
WA&V NTyJ: 2017
Monroe County, Florida
Emergency Materials Arresting Systems
Located at Key West International Airport
Value of Original EMAS $4,258,000
Value of New EMAS 3,217,733
Total Value of EMAS $7,475,733
Packet Pg. 1461