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Item C30 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18, 2006 Division: Engineering Bulk Item: Yes No Department: Engineering Staff Contact Person: David S. Koppel, P.E. AGENDA ITEM WORDING: Approval to issue attached request for proposals for Hurricane Debris Monitoring and Disaster Related Services. ITEM BACKGROUND: FEMA requires monitoring of debris contractors during disaster recovery. The request for proposals will allow the County to select a contractor in advance of an event requiring County response. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes No x COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year APPROVED BY: County Atty ~ OMB/Purchasing X Risk Management _X_ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 OKYv~rY ~o~~~~E (305) 294-4641 Engineering Division 1100 Simonton St., Room 2-215 Key West, Florida 33040 305-295-4329 Transmittal To: Dave Koppel From: Judy Steele Date: 1 0/2/06 Debris Monitoring Request for Proposal Re: This agenda item refers to hurricane debris monitoring. FEMA is encouraging County governments to have competitively bid disaster services contracts in place prior to an event. Monroe County currently has a contract in place with a disaster service contractor but does not have a competitively bid contract for the monitoring services that FEMA requires. This RFP will allow the County to obtain proposals and enter into a contract with a monitoring services provider. Thanks, Judy Steele MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY E Pl, ~.~ LU Contract with: TBD Contract # !,lfif!! - Effective Date: 2006 Expiration Date: Contract Purpose/Description: RFP to select a contractor to provide debris monitoring services as needed. Contract Manager: David Koppel 4427 Engineering/# 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/18/06 Agenda Deadline: 10/3/06 6 CONTRACT COSTS Total Dollar Value of Contract: $ TBD Budgeted? YesD No ~ Account Codes: Grant: $ 87.5% (FEMA, State) County Match: $ 12.5% of eligible costs Current Year Portion: $ -i\lv-! _. -=ro-:r:S~e }:.p ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Management \fj ~)1t-0/'");."doit1 ~ tl,:::}t] O.M.B .IPurchasi ng Changes Date Out Division Director YesD NoB'" YesD NoD County Attorney 9/18/06 YesD No~ I /l Cr} in ~;tl+:Ji~f4 #rrc4i! iJ Comments: Of\!lB r;'orm Revised 2/27/0 I f\!ICP OKYv~ET/ ~o~~~~E (305) 294~4641 Engineering Division 1100 Simonton St., Room 2-215 Key West, Florida 33040 305-295-4329 ()~ <2SY^J C1 ( ~ ^'~I 0 b Transmittal To: Susan Grimsley From: Judy Steele Date: 9/18/06 Debris Monitoring RFP Re: Hi Susan - Enclosed is a draft RFP for debris monitoring services. I've updated the scope of work based on some guidance from FEMA. Please review it and let me know if it is acceptable to advertise and post on Demandstar. You've seen this in the past when I had some questions, but I don't think the official review has been performed. Please let me know if you need any additional information. ~ Judy Steele MONROE COUNTY REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR BOARD OF COUNTY COMMISSIONERS Mayor, Charles "Sonny" McCoy, District 3 Mayor Pro-Tem, Dixie M. Spehar, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Glenn Patton, District 5 COUNTY ADMINISTRATOR Thomas J. Willi CLERK OF THE CIRCUIT COURT Danny L. Kolhage COUNTY ENGINEER David S. Koppel, P.E. October 2006 PREPARED BY: Monroe County Engineering Division RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services NOTICE OF REQUEST FOR PROPOSALS Request for Professional Services For Hurricane Debris Monitoring and Disaster Related Services. The Board of County Commissioners of Monroe County, Florida, hereby requests, pursuant to Sec. 287.055, Florida Statutes, sealed proposals from qualifed firms or individuals for Hurricane Debris Management and Disaster Related Services. Interested firms or individuals are requested to indicate their interest by submitting a total of nine (9), two (2) signed originals and seven (7) complete copies of their proposal in a sealed envelope clearly marked on the outside, with the Respondent's name and "Request for Proposals - Hurricane Debris Monitoring and Disaster Related Services" addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on . If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals will be automatically rejected. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or hUp:/ /www.monroecounty-fl.2:ov/pa2:es/msd/bids.htm The Pu bl ic Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. Technical questions are to be directed, in writing, to Judith R. Steele, P.E., Assistant County Engineer, Engineering Division, 1100 Simonton Street, Key West, FL 33040, or by fax to (305) 295-4321. The Board reserves the right to reject any or all proposals, to waive irregularities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. The areas of consideration for selecting the most qualified firm for the project include but are not limited to: . Responsiveness to requested materials and RFP criteria . Demonstrated data management/tracking/record keeping/reporting capabilities . Ability to coordinate with State and Federal disaster agencies . Organization and staffing . Strength of experience on similar projects . Strength of overall past experience and performance . Bid Amount A committee will be developed to review all qualified proposals. The committee will rank the submittals in order of preference and present the results to the County Commission with a recommendation to negotiate a contract with the preferred - 2 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services person/firm. No binding contract is created between any person/firm and the County until a contract is approved by the County Commission. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1989). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Dated at Key West, this Monroe County Purchasing Department - 3 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE- SECTION TWO - SECTION THREE- SECTION FOUR - Instruction to Respondents Scope of Work Draft Contract County Forms -4- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION/BACKGROUND Monroe County ("County") is located in southern Florida and encompasses the Florida Keys and portions of the Everglades National Park and the Big Cypress National Preserve. The scope of this RFP includes the portions of Unincorporated Monroe County in the Florida Keys, which is comprised of a number of islands over 112 miles in length that extend from the southeastern tip of the Florida peninsula to Key West. The County maintains approximately 400 miles of roadway and is responsible for hurricane debris collection in these areas. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris removal and disposal operations. In order to receive assistance, Monroe County must implement a debris removal monitoring program. The County requires the services of a debris monitoring consultant to provide support and management of debris recovery contractors. The primary responsibility of the consultant will be to provide trained debris monitors to oversee and document contractor activities in compliance with FEMA requirements for reimbursement. 1.02 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and 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. 1.03 STATEMENT OF PROPOSAL REQUIREMENTS See notice of Request for Proposals 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids 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 consultant 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 - 5 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 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 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. D. LOBBYING AND CONFLICT OF INTEREST 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 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. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and 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 Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent 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. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses 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 Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining - 6 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", 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 Respondent 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 Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.09 SUBMISSION OF RESPONSES A. Two (2) signed originals and seven (7) copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Request for Proposals - Hurricane Debris Monitoring and Disaster Related Services", addressed to the entity and address stated in the Notice of Request for Proposals, on or before 3:00 P.M. local time on . If sent by mail or by courier, the above- mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Proposals. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.10 CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent 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 Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. - 7 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services The following information, at a minimum, shall be included in the Submittal: A. CoverPaQe A cover page that states "REQUEST FOR PROPOSALS - HURRICANE DEBRIS MONITORING AND DISASTER RELATED SERVICES" The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Describe the firm's use of technology in the office and in the field and how it will be used to complete scope of work. Describe the firm's methodology for working locally given the extensive amount of field work that will be required, as well as the firm's experience working with Federal and State disaster agencies. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed work. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of past projects indicating the following: Name and full address of the referenced project 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 Respondent shall describe the services that the firm is able to provide and explain how these services will be accomplished The description should include details of field operations, data management operations, methodology for complying with and responding to requirements of state and federal disaster agencies, and a response time associated with the services. Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent 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. - 8 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services The Respondent shall include an organizational chart of all personnel and consultants to be used to complete the scope of work. Resumes for each individual, including education, background and experience should be included. This section should show evidence of the firm's ability to manage tasks simultaneously and expeditiously; approach to problem/task resolution and teamwork. Tab 6. Litigation The Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein. Tab 7. Cost Summary The respondent shall provide a cost summary for the project. The summary should include job titles (i.e. project manager, field supervisor, collection monitor, tower monitor), a description of duties that will be performed by each position, the approximate number of each type of staff that will be required, and an hourly billing rate for each position. Tab 8. County forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RFP, and shall include them in the section tabbed 8: Form Response Form Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form Respondent's Insurance and Indemnification Statement Insurance Agent's Statement PaQe 31 32 33 34 35 36 Copies of all professional and occupational licenses shall be included in this section. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents 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 Respondents name and "Modification to Request for Proposals - Hurricane Debris Monitoring and Disaster Related Services". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. - 9 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.13 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents 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. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT 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. Responses that contain modifications, 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 Respondent and the contract documents, may be rejected at the option of the County. A. Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 TAB 7 TAB 8 10 25 10 25 15 15 50 00 TOTAL 150 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re-advertise for all or part of the work contemplated - 10- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent 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 Respondent/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. Best rating of VI or better. Worker's Compensation Statutory Limits Employers' Liability Insurance $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $1,000,000 per Occurrence $1,000,000 Combined Single Limit Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. - 11 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 1.18 INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Consultant 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 Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Consultant, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Consultant 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. This indemnification shall survive the expiration or earlier termination of the contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - 12 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 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: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE - 13 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION TWO: SCOPE OF WORK If the Respondent elects to provide a web based load tracking and/or field project monitoring system, a detailed project-monitoring proposal shall also be included. Monitoring shall be performed in compliance with FEMA and FHWA guidelines. Those monitoring efforts will include, but not be limited to: a. Providing assistance in updating the County's debris management plan. b. Providing training of selected County staff in essential debris management, monitoring, and collection functions to insure appropriate and responsive interface with field debris collection contractors and County, State and Federal Agencies. c. Providing field inspectors at designated checkpoints to check and verify information on debris removal and at Temporary Debris Storage Reduction Sites (TDSRs) located or developed throughout the County, or the region if necessary as approved by the County. d. Providing technical and permitting assistance associated with the need to locate additional TDSRs when requested by the County. e. Providing assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of storm debris clean up. This work will include: . Acquiring, hiring, training, deploying and supervising properly equipped inspectors. . Establishing the schedule for inspectors daily. . Monitoring and recording the volumetric measurement (cubic yards) or gross emply weight of each truck that is added into service and properly certified. . Keeping records of contract hauler's trucks, to include cubic yardage, or loaded weight, time in and time out, number of loads per day and other date as requested by designated County staff and as required for documentation to various government agencies. . Determining truck assignments and providing the necessary vehicle decals or placards for ease of identification and tracking. . Coordinating with County personnel to respond to problems in the field, to include residential or commercial property damage claims in the process of debris removal. Selected firm will establish a telephone claim reporting system with a local or toll free phone number and provide staff for the professional management of receiving phone complaints or damage claims, as requested by the County. The selected firm shall investigate and assist in documentation of claims. . Conducting end of day duties, such as veriftying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility. - 14 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services . Surveying the affected areas for special situations or emergent needs, to include but not be limited to, identifying tree stumps and the management of root balls and associated cavities, hazardous trees, C&D debris, or other potentially hazardous situations. The selected firm must keep a list of these locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post-event remedial action. . Record on a map the streets where debris was collected. . Perform other duties as directed by the designated County personnel. f. Collecting baseline data, per local, state and federal requirements, from the designated emergency debris management sites prior to opening these sites. g. Assisting the County with obtaining necessary local, state and federal perimits for the designated emergency debris management sites. h. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. i. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies, including the Federal Emergency Management Agency Department of Homeland Security, the State of Florida and the Federal Highway Administration or the Department of Housing and Urban Development (HUD) relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation and submittal of any and all necessary cost substantiations and preparing replies to any and all agency requests, inquiries or potential denials. j. Employing or maintaining on the work site (s) a qualified accessible supervisor(s) or liaison officer as directed. At least one accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of the selected firm and its subcontractors and all communications given to the supervisor or liaison officer in writing by the County's authorized representative shall be as binding as if given to the selected firm. Additional Services Based on the County's needs, the selected firm may be requested to provide proposals to carry out specific monitoring activities/tasks related to solid and hazardous waste, debris management, removal, reduction, disposal, turn key environmental restoration and remediation, associated with natural and manmade disaster events. The County also reserves the right to request proposals from the selected firm to carry out specific monitoring functions for material managemnent, removal and disposal resulting from other than disasterous events. - 15 - RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION THREE: DRAFT CONTRACT WHEREAS, COUNTY desir Hurricane Debris Monitoring and AGREEMENT FOR CONSULTING SERVICES for This Agreement ("Agreement") made and entere 200_ by and between Monroe County, a political s address is 1100 Simonton Street, Key West, Florida, hereinafter referred to as "COUNTY," through the Monroe C ("BOCC"), day of , the State of Florida, whose its successors and assigns, d of County Commissioners of the State of , whose address is its successors and assigns, hereinafter referred to fessional services of CONSU L T ANT for ices; and WHEREAS, CONSUL TA but not be limited to providing hu services, which services s ctiv eed to provide professional services which shall include ris monitoring services and program management ferred to as the "Project"; NOW, THEREF. stated herein, and f acknowledged, CO eration of the mutual promises, covenants and agreements valuable consideration, the sufficiency of which is hereby T ANT agree as follows: M OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSU L T ANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; -16- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contrators and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agre will be adequate and sufficient to document costs in a manner that is acceptable bursement by government agencies, therefore eliminating any additional cost due t ng or incorrect information; tent allowed by law with regards to 1.1.4 The CONSULTANT assumes full responsi his performance and those directly under 1.1.5 The CONSU L T ANT'S services shall b professional skill and care and the ord pursuant to this agreement, the CON and regulations pertaining to, or re now in effect and hereinafter adop regulations shall constitute a mat to terminate this contract imme CONSULTANT. ously as is consistent with ect. In providing all services ~NT shall abide all statutes, ordinances, rules rovisions of such services, including those on of said statutes, ordinances, rules and this agreement and shall entitle the Board livery of written notice of termination to the 1.1.6 the CONSULTANT is an independent nty Commissioners for Monroe County. all be construed so as to find the contractors, servants, or agents to be rs for Monroe County. 1.1.7 against any person on the basis of race, creed, er characteristic or aspect which is not job related, inating, or any other area affecting employment of services or goods under this agreement. BASIC SERVICES 2.1 CONSUL TAN CONSUL TA upon his re the form 0 time withi rvices consist of those described in Attachment A. The ce w rk on the services provided for in this Agreement promptly ice to proceed from the COUNTY. The notice to proceed will be in st contain a description of the services to be performed, and the e performed. 2.2 ORS, OMISSIONS, DEFICIENCIES The CONSULTANT deficiencies, or conflicts hout additional compensation, promptly correct any errors, omissions, e work product of the CONSULTANT or its subconsultants, or both. -17- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 2.3 NOTICE REQUIREMENT All written correspondence to the COU NTY shall be representative of the CONSULTANT. Any notice requir be in writing and hand delivered or mailed, postage p. return receipt requested, to the following: For the Consultant: ated and signed by an authorized ermitted under this agreement shall , to the COUNTY by certified mail, Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Key West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 3.1 eluded in Basic Services. They shall be ompensation paid for the Basic Services but encement, and are as follows: or other than the previously listed consulting asic Services. B. Providin furnished in a oth ise included in this Agreement or not customarily lIy accepted consulting practice. C. Providing repre approval by COU ublic bodies in connection with the Project, upon 3.2 If Additional Services are r , such as those listed above, the COUNTY shall issue a letter requesting and describi e requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. -18- 4.1 4.2 4.3 4.4 4.5 4.6 4.7 RFP for Consultant Services, Hurricane Debris Monitoring ARTICLE IV COUNTY'S RESPON The COUNTY shall provide full information reg physical location of work, county maintained r ents for the Project including The COUNTY shall designate a representa . to the Project. The COU NTY or its repres pertaining to documents submitted by th delay in the orderly and sequential progr 's behalf with respect in a timely manner avoid unreasonable ervices. Prompt written notice shall be given CONSULTANT if they become aware conformance with the Agreement Document . duly served if sent pursuant to par raph 2.3. TY and its representative to the or defect in the Project or non- otice shall be deemed to have been The COUNTY shall furnish t approvals and decisions as e CONSULTANT'S services and w services and shall render or the orderly progress of the The COUNTY's review of subconsultants shall be solei generally consistent with documents shall relieve fitness, suitability or co tl by the CONSULTANT or its e ining whether such documents are as, and if, modified. No review of such responsibility for the accuracy, adequacy, t. The COU NTY shall ocuments required to complete the work. Any information that immediate access to wil CONSULTANT that the COUNTY has sted. ICLEV D HOLD HARMLESS The CONSUL TI\ commissioners, of I including death, pers Monroe County, and an fees, court costs and expe provided by CONSULTANT errors, or other wrongful act or their officers, employees, servants es to indemnify, hold harmless and defend COUNTY, its ts and servants from any and all claims for bodily injury, perty damage, including damage to property owned by amages, and expenses of any kind, including attorney's arise out of, in connection with, or by reason of services contractor(s) in any tier, occasioned by the negligence, ion of the CONSULTANT, its Subcontractor(s) in any tier, d agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. -19- ARTICLE VI PERSONNE requirements RFP for Consultant Services, Hurricane Debris Monitoring and Disaster The first ten dollars ($10.00) of remuneration paid to the CONSUL 1: indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessene contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termi 6.1 PERSONNEL The CONSULTANT shall assign only qualified personne project. At the time of execution of this Agreement, the par individuals will perform those functions as indicated: service concerning the te that the following named NAME vely employed or retained by the dicated next to their names. If they are replaced e change immediately. So long as the individuals name CONSULTANT, they shall perfo the CONSULTANT shall notify 7.1 7.1.1 The COUNT performance Attachment e CONSULTANT in current funds for the CONSULTANT'S ent based on rates negotiated and agreed upon and shown in 7.2 7.2.1 rformances of the duties, obligations and responsibilities set forth T shall be paid monthly. -20- 7.3 REIMBURSABLE EXPENSE RFP for Consultant Services, Hurricane Debris Monitor" (A) If the CONSULTANT'S duties, oblig changed by amendment to this Agre compensation due to the CONSUL TA or downward; nsibilities are materially . n of this Agreement, 'usted, either upward (B) As a condition precedent for CONSULTANT shall submit m COUNTY, a proper invoice to rendered and reimbursable ex shall describe with reasona CONSULTANT'S invoice shall be support of expenses for which payme nt due unde IS Agreement, the therwise agr ed in writing by the ing payment for services properly nder. The CONSULTANT'S invoice Ity the service rendered. The d by such documentation or data in at the COUNTY may require. 7.3.1 Reimbursable expenses incl the project: CONSULTANT in the interest of a. L TANT, in writing, and auttiorized by the COUNTY, in writing, but uthorized by Section 112.061, Florida b. r other materials used in performing the c. 7.4 BUDGET 7.4.1 titled to receive, and the COUNTY is not obligated to of the amount budgeted for this contract in each fiscal COUNTY's Board of County Commissioners. The dified by an affirmative act of the COUNTY's Board of 7.4.2 and obligation to pay under this Agreement is contingent upon the Board of County Commissioners and the approval of the of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI -21- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services B. Employers Liability Insurance with Disease, policy limits, $1,000,000 Di nd that has an agent for all contain an endorsement ancellation of said coverage. COUNTY and shall be in a or better, that is licensed to business in the State of service of process within the State of Florida. The cov providing sixty (60) days notice to the COUNTY prior Said coverage shall be written by an insurer accept form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the folio A. Workers' Compensation insurance as respond to Florida Statute 440. a, sufficient to C. bility insurance covering claims for roperty of others arising from use 'ons, and owned, hired or non- ombined single limit and One D. Inj y Liability, covering claims for erty of others arising out of any any of its employees, agents or es and/or Operations, Products and tors; Broad Form Property Damage and a with One Million Dollars ($1,000,000) per coverage is changed to or provided on a include coverage for claims filed on or after ddition, the period for which claims may be of 48 months following the termination or E. One Million Dollars ($1,000,000.00) per occurrence 0.00) annual aggregate. If the policy is a "claims II maintain coverage or purchase a "tail" to cover the project to cover the statutory time limits in Chapter F. as an additional insured with respect to CONSULTANT'S urance coverages identified in Paragraphs C and D. G. CONSUL limits prescn COUNTY durin of insurance for s quire its subconsultants to be adequately insured at least to the e, and to any increased limits of CONSULTANT if so required by term of this Agreement. COUNTY will not pay for increased limits consultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. -22- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 9.1 SECTION HEADINGS I. If the CONSULTANT participates in a self-insura be required. In addition, the CONSULTANT may statements from the fund upon request from th , a Certificate of Insurance will ired to submit updated financial TY. Section headings have been inserted' reference only, and it is agreed that su and will not be used in the interpretation nt as a matter of convenience of gs are not a part of this Agreement n of this Agreement. 9.2 The documents prepared by the may be reproduced and c CONSULTANT. ect belong to the COUNTY and ement or permission of the 9.3 The CONSULTANT sh except in writing and for Monroe County conditions and pro incorporated by r. subcontractor shall provisions of the im successors, as an and legal re~ ntract its obligations under this agreement, val of the Board of County Commissioners hich approval shall be subject to such eem necessary. This paragraph shall be ent or subcontract and any assignee or rovisions of this agreement. Subject to the re sentence, each party hereto binds itself, its esentatives to the other and to the successors, assigns r party. 9.4 Nothing rights in fa reate any relationship, contractual or otherwise, with or any 9.5 ONSUL TANT shall be found to be negligent in any aspect of service, the COUN shall have the right to terminate this agreement after five days written notification to the CONSU L T ANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict -23- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services A person or affiliate who has been placed on the for public entity crime may not submit a bid on c a public entity, may not submit a bid on a contr repair of a public building or public work, may' public entity, may not be awarded or perfor or consultant under a contract with any p any public entity in excess of the thres Florida Statutes, for CATEGORY TWO placed on the convicted vendor list. between any of the Contract documents, the one i CONSULTANT will control. the greater burden on the 9.7 PUBLIC ENTITIES CRIMES list following a conviction y goods or services to r the construction or of real property to , subcontractor, t business with vided in Se 287.017 of the months from the date of being at the execution of this Agreement , Florida Statutes). Violation of recovery of all monies paid procurement activities. In addition to the foregoing, CO determination, based on an audit, tH by Section 287.133, Florida Statutes, formally charged with committing an a amount of money involve ether vendor list. ts that there has been no t has committed an act defined ime" and that it has not been IC entity crime" regardless of the as been placed on the convicted CONSULTANT will subconsultant is fo has been placed 0 JY if it or any subcontractor or efined as a "public entity crime" or 9.8 CONSUL TA performanc principles terminatio represen party to this for four years COUNTY or CI Agreement were sp retained by the CON interest calculated pursu monies were paid by the C records, and documents directly pertinent to ordance with generally accepted accounting all be retained for a period of five years from the Ea party to this Agreement or its authorized ble and timely access to such records of each other cords purposes during the term of the Agreement and ion of this Agreement. If an auditor employed by the at monies paid to CONSULTANT pursuant to this s not authorized by this Agreement, or were wrongfully e CONSULTANT shall repay the monies together with c. 55.03, of the Florida Statutes, running from the date the y. 9.9 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 contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the -24- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services If any term, covenant, condition or provi any circumstance or person) shall be d court of competent jurisdiction, the re of this Agreement, shall not be aff condition and provision of this Agre fullest extent permitted by law unle conditions and provisions of this A original intent of this Agreement. The Agreement to replace any stricken provisi possible to the intent of the stric n provision. UNTY and CONSULTANT agree that nty, Florida, in the appropriate court agreement shall not be subject to ucted pursuant to this Agreement shall rocedure and usual and customary ty. enforcement or interpretation of this Agreement, venue shall lie in the 16th Judicial Circuit, Monr or before the appropriate administrative bod arbitration. Mediation proceedings initiated an be in accordance with the Florida Rules 0 procedures required by the circuit court of M 9.10 SEVERABILITY r the application thereof to rceable to any extent by a 9.11 ATTORNEY'S FEES AND CO the event any cause of action or y any party relative to the enforcement g party shall be entitled to reasonable out-of-pocket expenses, as an award against ttorney's fees, courts costs, investigative, and gs. 9.12 BINDING EFFECT The terms, covenan the benefit of the C successors, and assi sions of this Agreement shall bind and inure to ANT and their respective legal representatives, 9.13 AUTHORITY Each party r performance corporate ac s to the other that the execution, delivery and been duly authorized by all necessary County and 9.14 CLAIMS F CONSULTANT seek, and obtain f that all applications, by each party prior to s gree that each shall be, and is, empowered to apply for, te funds to further the purpose of this Agreement; provided grant proposals, and funding solicitations shall be approved ion. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. -25- RFP for Consultant Services, Hurricane Debris Monitoring an t meet and confer session, f the Board of County 'sfaction of the parties, be provided by this ive the provisions of If no resolution can be agreed upon within 30 days aft the issue or issues shall be discussed at a publi Commissioners. If the issue or issues are still not re then any party shall have the right to seek such reli Agreement or by Florida law. This provision doe n paragraph 9.5 concerning termination or cancellaf 9.16 COOPERATION In the event any administrative or legal proce to the formation, execution, performance, CONSULTANT agree to participate, to th proceedings, hearings, processes, meetings, an this Agreement or provision of the services CONSULTANT specifically agree that no party to thl into any arbitration proceedings related . greeme ituted against either party relating of this Agreement, COUNTY and quired by the other party, in all ivities related to the substance of Agreement. COUNTY and ment shall be required to enter 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree th 0 discrimination against any person, and it is expressly understood that upon ation by a court of competent jurisdiction that discrimination has occurred, this nt automatically terminates without any further action on the part of any Rarty, effe e date of the court order. CONSULTANT or COUNTY agrees to com . h all al and Florida statutes, and all local ordinances, as applicable, rei ondis nation. These include but are not limited to: 1) Title VI of the Civil Ri 1964 88-352) which prohibits discrimination on the basis of race, color or n . Ie IX of the Education Amendment of 1972, as amended (20 USC ss. 1 -1686), which prohibits discrimination on the basis of sex; 3) Section 5 ion Act of 1973, as amended (20 USC s. 794), which prohibits discrimin basIs of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 US -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse 0 eatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimi . on s of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholis tment and Rehabilitation Act of 1970 (PL 91-616), as amended, relati Imln ion on the basis of alcohol abuse or alcoholism; 7) The Public Health 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, r: ntiality of alcohol and drug abuse patient records; 8) Title VIII of the Civi 1968 (42 USC s. et seq.), as amended, relating to nondiscriminati ntal or financing of housing; 9) The Americans with Disabilities Act 0 s. 1201 Note), as may be amended from time to time, relating to nondiscr the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which discrimination on the basis of race, color, sex, religion, national origin, ancestry, I orientation, gender identity or expression, familial status or age; 11) Any other nondisc ination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY 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. -26- RFP for Consultant Services, Hurricane Debris Monitorin d Disaster Related Services 9.19 CODE OF ETHICS COUNTY agrees that officers and employees required to comply with the standards of co delineated in Section 112.313, Florida Statute acceptance of gifts; doing business with one' a cy; un of public position, conflicting employment or tractual rela of certain information. UNTY recognize and will be officers and employees as t limited to, solicitation or zed compensation; misuse ship; and disclosure or use 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY war nor retained any company or person, 0 to solicit or secure this Agreement and t company, corporation, individual, or firm, ot for it, any fee, commission, percentage, gift, resulting from the award or maki is Agree provision, the CONSULTANT agr. Agreement without liability and, recover, the full amount of such respect to itself, it has neither employed bona fide employee working solely for it, ot paid or agreed to pay any person, bona fide employee working solely er consideration contingent upon or nt. For the breach or violation of the Y shall have the right to terminate this offset from monies owed, or otherwise ercentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and inspection of, all docume control subject to the pr the CONSULTANT an shall have the right to CONSULTANT. allow and permit reasonable access to, and r other materials in its possession or under its 119, Florida Statutes, and made or received by ection with this Agreement; and the COUNTY his Agreement upon violation of this provision by 9.22 NON-WAIVER OF I Notwithstanding the pr CONSULTANT a e C liability insuran pool coverage nor shall any waiver. Sec. 768.28, Florida Statutes, the participation of the this Agreement and the acquisition of any commercial surance coverage, or local government liability insurance dee d a waiver of immunity to the extent of liability coverage, d into by the COUNTY be required to contain any provision for 9.23 PRIVILE All of the priv munities from liability, exemptions from laws, ordinances, and rules and pensi lief, disability, workers' compensation, and other benefits which apply to the activit icers, agents, or employees of any public agents or employees of the COUNTY, when orming 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. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES -27- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services No person or entity shall be entitled Agreement to enforce or attempt to enf of any service or program contempl COUNTY agree that neither the CO employee of either shall have the aut particular individual or group of individ under this Agreement separate and apa general or for the purposes contemplated in t Non-Delegation of Constitutional or Statutory Dutie nor shall it be construed as, relieving any pa . responsibility imposed upon the entity by law e performance thereof by any participating entity offered in satisfaction of the obligation or res intended to, nor shall it be construed as, auth statutory duties of the COUNTY, except to th state statute, and case law. This Agreement is not intended to, ing entity from any obligation or to the extent of actual and timely hich case the performance may be . Further, this Agreement is not elegation of the constitutional or ed by the Florida constitution, 9.25 NON-RELIANCE BY NON-PARTIES on the terms, or any of them, of this d-party claim or entitlement to or benefit der, and the CONSULTANT and the nor the COUNTY or any agent, officer, or rm, counsel, or otherwise indicate that any or entities, have entitlements or benefits to, or superior to the community in ement. 9.26 ATTESTATIONS AND TRUTH nts as COUNTY may reasonably require, an Ethics Statement, and a Drug-Free greement by CONSULTANT shall act as the te stating that wage rates and other factual unit ant to the Agreement are accurate, complete, and 'nal contract price and any additions thereto shall s by which the agency determines the contract incomplete, or concurrent wage rates and other must be made within one year following the end of 9.27 NO PERSONAL No covenant or agreement of a individual cap liable perso by reason tained herein shall be deemed to be a covenant or er, agent or employee of Monroe County in his or her er, officer, agent or employee of Monroe County shall be gre ent or be subject to any personal liability or accountability of this Agreement. 9.28 EXECUT This Agr regarded a instrument an counterpart. xecuted in any number of counterparts, each of which shall be all of which taken together shall constitute one and the same e parties hereto may execute this Agreement by signing any such 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. -28- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONSULTANT or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.QPo.Qov/davisbacon/fl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHWA Form 1273 is attached hereto as Exhibit A and made a part of this Agreement. 9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached hereto as Exhibit B and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Date: -29- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services (Seal) Attest: BY: Title: CONSUL TANT By: Title: END OF AGREEMENT -30- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: a The Submission Response Form_ a Lobbying and Conflict of Interest Clause _ a Non-Collusion Affidavit a Drug Free Workplace Form_ a Respondent's Insurance and Indemnification Statement_ a Insurance Agent's Statement_ In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above. as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) -31- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its 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 (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: -32- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services NON-COLLUSION AFFIOA VIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications 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 bid 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 bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other 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. (Signature of Respondent) (Date) STATE OF: COU NTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of 20_ NOTARY PUBLIC My Commission Expires: -33- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business's 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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 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, or plea of guilty or nolo contendere 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. Impose 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: -34- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1000,000/$1 ,000,000/$1 ,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1 ,000,000 Aggregate Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSUL TANTS The Consultant 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 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 Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the ArchitecUEngineer/Consultant's failure to purchase or maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Consultant 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. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature -35- RFP for Consultant Services, Hurricane Debris Monitoring and Disaster Related Services INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTI BLES Liability policies are _Occurrence Claims Made Insurance Agency Signature Print Name: -36-