Item C30BOARD OF COUNTY COMMISSIONERS
County of Monroe A, Mayor George Neugent, District 2
The Florida. Keys m i = U, Mayor Pro Tem David Rice, District 4
j l Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.30
Agenda Item Summary #3082
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
N/A
AGENDA ITEM WORDING: Approval of a contract for Disaster Response and Recovery
Services with AshBritt, Inc., who was the highest ranked respondent to the Request for Proposals
(RFP).
ITEM BACKGROUND: The five year term for the current On Call Disaster Services contract
expires on June 20, 2017. Monroe County requires the services of hurricane debris /disaster services
contractor in the event of a disaster. On May 4, 2017, Monroe County received eight responses to the
RFP for Disaster Response and Recovery Services. The selection committee scored and ranked the
respondents during a publicly noticed meeting on May 31, 2017 and AshBritt, Inc was the highest
ranked respondent. The new contract shall be executed for a five year term.
Costs incurred for debris clean up during a declared emergency are eligible for federal and state
reimbursement.
PREVIOUS RELEVANT BOCC ACTION: BOCC gave approval to advertise for RFP at January
2017 meeting.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of contract.
DOCUMENTATION:
Contract for Disaster Response & Recovery - 6 -2017 (Executed and stamped) 6 13 17
Final Ranking Sheet - RFP - 5 -31 -17
FINANCIAL IMPACT:
Effective Date: June 21, 2017
Expiration Date: June 21, 2022
Total Dollar Value of Contract: TBD
Total Cost to County: TBD
Current Year Portion:
Budgeted:
Source of Funds: FEMA & County
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Judith Clarke
Completed
06/05/2017 3:51 PM
Christine Limbert
Completed
06/05/2017 4:12 PM
Budget and Finance
Completed
06/05/2017 4:47 PM
Maria Slavik
Completed
06/06/2017 7:38 AM
Kathy Peters
Completed
06/06/2017 7:00 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
AGREEMENT FOR
DISASTER RESPONSE AND RECOVERY SERVICES
This Agreement ( "Agreement ") made and entered into this 21s' day of June, 2017 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "),
AND
Ashbritt, Inc., a corporation of the State of Florida, whose address is 565 E Hillsboro
Boulevard, Deefield Beach, Florida, 33441, its successors and assigns, hereinafter referred to as
"CONTRACTOR ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
Disaster Response and Recovery Services; and
WHEREAS, CONTRACTOR has agreed to provide professional services which shall
include but not be limited to providing Disaster Response and Recovery Services, which services
shall collectively be referred to as the "Project ";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions
under which the work is to be completed.
1.1.3 The CONTRACTOR 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 contractors and associated costs and shall be in conformity and
comply with all applicable law, codes and regulations. The CONTRACTOR warrants that
the documents prepared as a part of this Agreement will be adequate and sufficient tc
document costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
2/2/5 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
7'7'5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONTRACTOR.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. 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.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.1.8 The effective date of this AGREEMENT shall be June 21, 2017. The term of the
AGREEMENT shall be for a five year period, unless otherwise terminated as provided
herein. The COUNTY shall have the option of extending the AGREEMENT in one year
increments for up to five addional years at the same terms and conditions with approval of
the COUNTY'S governing board. Such extension(s) shall be in the form of a written
Amendment to the AGREEMENT and shall be executed by both parties.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The
CONTRACTOR shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in
the form of a task order and must contain a description of the services to be performed, and the
time within which services must be performed.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its
subCONTRACTORs, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Mr. Kevn Wilson, P.E.
Assistant County Adminstrator
1100 Simonton Street
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the CONTRACTOR:
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONTRACTOR (provided
for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope of the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted debris recovery operations.
B. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONTRACTOR. The
CONTRACTOR 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 CONTRACTOR proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, and any available maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable
delay in the orderly and sequential progress of the CONTRACTOR'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its
subcontractors shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend 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 CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier,
their officers, employees, servants and 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 CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR 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 CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR 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.
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The First ten dollars ($10.00) of remuneration paid to the CONTRACTOR 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.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
So long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shall perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONTRACTOR shall be paid monthly.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONTRACTOR shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONTRACTOR'S
invoice shall describe with reasonable particularity the service rendered. The
CONTRACTOR'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require,
including but not limited to back up documentation sufficient for reimbursement of
expenses by FEMA or other governmental agencies.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.735, Florida Statute.
7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbursable expenses.
7.4 BUDGET
7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE AND BONDS
8.1 The CONTRACTOR 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
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.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and /or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five
Million Dollars ($5,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and /or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and
Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made"
policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in Chapter 95 of
the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONTRACTOR if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subcontractors.
H. CONTRACTOR 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.
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.
8.4 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the
Owner as a guarantee for the faithful performance of the Contract (including guarantee and
maintenance provisions) and the payment of all obligations arising thereunder. The
Performance and Payment Bond shall be in an amount at least equal to the contract price.
This contract is subject to the provisions of Section 255.05, Florida Statutes, which are
incorporated herein. If contract amendments render the contract more than ten (10 %)
percent higher than the bond amount, the Contractor shall increase the bond amount to
cover the entire difference.
ARTICLE IX
MISCELLANEOUS
9.1
9.2
9.3
9.4
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.
OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONTRACTOR.
SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party ninety (90) days written notice of its intention to do so, however this
provision may not be exercised during hurricane season (June 1 to November 30)
unless both parties mutually agree to terminate the agreement
9.6 CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, any addenda, the Form of Agreement
(Articles I -IX), the CONTRACTOR'S response to the RFP, the documents referred to in the
Form of Agreement as a part of this Agreement, and Attachment A, and modifications made
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONTRACTOR will
control.
9.7 PUBLIC ENTITIES CRIMES
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 contracts 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement
will not violate the Public Entity Crimes 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.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF 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. Records shall be retained for a period of seven years from
the termination of this agreement or for a period of three years from the submission of the
final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this
Agreement or its 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 four 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, or
were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the
monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
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
enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that
venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. 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.
9.10 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.
9.11 ATTORNEY'S 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 the Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and court costs, as an award against the non - prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings.
9.12 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.
9.13 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.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
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9.15 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, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, 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 provision does not negate or waive the
provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
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.
9.17 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
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CONTRACTOR 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.
t0u' COGE'DF EVHiC3 "'
COUNTY agrees that officers and employees of the COUNTY recognize and will be
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.
9.20 NO SOLICITATION /PAYMENT
The CONTRACTOR and COUNTY 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 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.
9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in conjunction with
this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of
the Contractor to abide by the terms of this provision shall be deemed a material breach of
this contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's
fees and costs associated with that proceeding. This provision shall survive any termination
or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
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
12
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.
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
12 Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY 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 contract entered into by the COUNTY be required to contain any provision for
waiver.
13
9.23 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.
9.24 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.
9.25 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 CONTRACTOR and the
COUNTY agree that neither the CONTRACTOR nor the COUNTY 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.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 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.
14
9.28 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.
9.29 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions as set forth in
Appendix II to Part 200, as amended, including but not limited to:
9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of "federally assisted construction contract" in 41
CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR
60- 1.4(b).
9.29.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by
non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 3141 -3144,
and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction "). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The COUNTY
must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States "). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part
of the compensation to which he or she is otherwise entitled. The COUNTY must
report all suspected or reported violations to the Federal awarding agency.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where
applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve
the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
15
9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
9.29.5 Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess
of $150,000 must 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). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
9.29.6 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 governmentwide
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.
9.29.7 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. 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.
9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
Other Federal Requirements:
9.29.9 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.
9.29.10 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
16
IA 1 1 , 11TNESS WHEREOF, each party has caused thi's Agreement to • executed by its duly
Tuthorized representative on the day and year first above written.,
(SEAL)
Attest: KEVIN MADOK, Clerk
By: —
Deputy Clerk
By:
Mayor/Chairman
�Nll
(Seal)
Attest:
W; 1
0
END OF AGREEMENT
17
M
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM* -
CHRI TINE M. L ARROWS ATTORNEY
ASSIST) NIT COUNTY
Date I I � -
ATTACHMENT A
SCOPE OF WORK AND PRICING
In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall
be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and
hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites
(TDSR), and tree stump and limb removal. All disaster response and recovery services shall be
performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work
performed shall be in a form suitable for FEMA reimbursement.
1. These tasks may include, but are not limited to:
A. Emergency Debris Clearing from County Rights of Way and Facilities
• Immediately after a disaster, provide all necessary equipment, tools and personnel
to clear primary roads and critical government facilities of debris to allow emergency
vehicles access to areas in need of assistance as directed by the County.
• Debris should be stacked along the edge of pavement on the shoulder of the road
and not blocking driveways, side streets or utilities of any kind.
• Emergency Debris Removal may require loading the debris, hauling the debris to an
approved dumpsite, and dumping the debris at the approved dumpsite.
• Provide daily reporting to include cumulative, daily, and hourly statistics detailing
type of equipment and personnel used
Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as
follows (equipment operator included):
Equipment Type
Hourly Equipment Rate
Bobcat Loader
$107.01
Bucket Truck w/O erator
$165.00
Crash Truck w /Im act Attenuator
$135.60
Dozer Tracked D5 or similar
$118.70
Dozer Tracked D6 or similar
$131.61
Dozer Tracked D7 or similar
$182.96
Dozer Tracked D8 or similar
$222.94
Dump Truck 18 CY -25 CY
$90.00
Dump Truck 25 CY -35 CY
$95.00
Dump Truck 35 CY -45 CY
$115.00
Dump Truck 50 CY or larger
$125.00
Generator and Lighting
99.78
Grader w/12' Blade
$102.00
Hydraulic Excavator, 1.5 CY
$140.53
Hydraulic Excavator, 2.5 CY
$169.89
Knuckleboom Loader
$200.00
E ui ment Trans ort
$130.00
Mobile Crane Ade uate for han in limbs /leanin trees
195.00
u Truck .5 Ton
109.82
L Pick
ruck Flatbed
$138.81
Water Truck
$111.32
Wheel Loader, 2.5 CY 950 or similar
$130.94
Wheel Loader, 3.5 — 4.0 CY 966 or similar
$148.68
Wheel Loader, 4.5 CY 980 or similar
$150.00
Wheel Loader- Backhoe 1.0 — 1.5 CY
$130.94
Track Hoe John Deere 690 or similar
$140.00
tumo Grinder
$65.00
30 ton or larger Crane
$250.00
Labor rates for emergency debris clearing and other work directed by COUNTY which
require hourly billing shall be invoiced as follows:
Labnr Catpnnry
Hourly Labor Rate
Operations Manager w /Cell Phone and Pickup
120.00
Crew Foreman w /Cell Phone and Pickup
50.00
Tree Climber /Chainsaw
$85.00
Laborer w /Chain Saw
$40.00
Laborer w /small tools traffic control flag person
$30.00
B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities
• Provide all necessary equipment and personnel to load and haul disaster - generated
debris to an approved TDSR site.
• Disaster — related debris will be sorted into categories: clean vegetative, non -
vegetative, seaweed, white goods, household hazardous waste, mixed and
ineligible at the load sites.
• All debris shall be mechanically loaded and reasonably compacted.
• Provide control of pedestrian and vehicular traffic in the work area; include flag
persons, signs or other devices necessary to ensure safe debris recovery
operations.
• Provide daily reports on all debris recovery operations; include all equipment and
personnel used. The report shall detail daily and cumulative -to -date statistics on the
number of truckloads, number of cubic yards of debris hauled, locations of
completed work, and locations of current work for each type of debris recovered.
• Identify landfills and /or other final disposal site(s) for all debris.
• Immediately investigate claims of damage to private property and /or County roads
and rights -of -way due to debris operations and ensure proper repairs are made
promptly at no cost to the County.
• Provide all necessary equipment and personnel to remove seaweed and other
debris from beach sand by screening and return clean sand to beach as directed by
the County.
Unit Costs associated with collection and hauling of debris from County rights of way to
TDSRs are on a per cubic yard (CYD) basis or per item basis for white goods. Rates
are inclusive of all costs and shall be invoiced at the following rates:
Description
Unit
Unit Price
Collect and Haul Vegetative Debris
0 -15 mi
CYD
$7.75
15.1 - 30 mi
CYD
$11.50
> 30 mi
CYD
$15.95
Collect and Haul Non-Vegetative (C&D) Debris
0 - 15 mi.
CYD
$7.75
15.1 - 30 mi
CYD
$11.50
> 30 mi
CYD
$15.95
Collect and Haul White Goods
0 -15 mi
EACH
$10.00
15.1 - 30 mi
EACH
$25.00
> 30 mi
EACH
$50.00
Collect and Haul Electronic Waste a -waste
0 -15 mi
CYD
$80.00
15.1 - 30 mi
CYD
$100.00
> 30 mi
CYD
$150.00
Collect and Haul Household Hazardous Waste
0 -15 mi
CYD
$30.00
15.1 - 30 mi
CYD
$45.00
> 30 mi
CYD
$65.00
Collect and Haul Seaweed
0 -15 mi
CYD
$25.00
15.1 - 30 mi
CYD
$25.00
> 30 mi
CYD
$35.00
Disposal of animal carcasses shall be $ 30.00 per unit.
C. Management of Temporary Debris Storage and Reduction (TDSR) Sites
• Provide sufficient personnel and equipment to operate multiple TDSR sites
simultaneously within unincorporated Monroe County
• Fully document pre- existing conditions at proposed TDSR sites with photographs
and appropriate environmental sampling.
• Prepare each approved TDSR site to accept debris, to include clearing, erosion
control, grading, construction and maintenance of haul roads and entrances and
installation of inspection towers and security fencing
• Establish site layout, including entrance, exit and internal haul roads at each TDSR
site
• Provide all management, supervision, labor, machines, tools, and equipment
necessary to accept, process, reduce, sort, and dispose of disaster related debris.
• Provide at least one inspection tower at each TDSR site constructed to pre -
approved county specifications.
• Vegetative Debris reduction shall be performed by chipping / grinding only
• Ensure all debris is properly staged and sorted.
• Provide daily and cumulative -to -date reports for each TDSR site.
• Ensure TDSR sites are secure and not accessible by the public during operation
and after working hours.
• Haul debris from TDSR sites to final disposal site(s).
• After all debris has been reduced and hauled to final disposal sites, perform site
restoration and closeout; include removal of site equipment (temporary toilets,
inspection towers, security fence, etc) and restore the site to pre -work conditions
Costs related to testing to establish TDSR site initial conditions, site mobilization and site
restoration shall be invoiced at CONTRACTOR cost with no mark -up.
Unit costs for TDSR site management and debris reduction are on a per cubic yard basis or per
unit basis for white goods. Costs are inclusive of all work required to manage and reduce debris,
except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be
invoiced as follows:
Description
Unit
Unit Price
Debris Site Management
vegetative
CYD
$3.50
non - vegetative
CYD
$3.50
white goods
EACH
$3.75
household haz waste
CYD
$19.00
electronic waste (e- waste)
CYD
$25.00
seaweed
CYD
$6.50
Freon removal from white goods shall be invoiced at $ 10.00 per unit from which Freon is
removed; the price for Freon removal includes transport and disposal of Freon at an approved
disposal site.
Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall
be invoiced on a per cubic yard basis as follows:
Description
Unit
Unit Price
Haul out to Final Disposal
0 - 60 mi
CYD
$8.00
61 - 100 mi
CYD
$6.00
101 - 130 mi
CYD
$8.00
greater than 130 mi
CYD
$12.25
white goods
EACH
$50.00
D. Contractor will identify final disposal locations for all debris classes. Cost associated with
landfill tipping fees and /or disposal facility fees will be a pass through cost; the
CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees.
Wherever possible, recycling, or other approved re -use facilities (ie. for metals) will be
identified in order to reduce disposal costs.
E. Beach Sand Screening and Replacement
Provide all necessary equipment and personnel to screen all sand to remove debris
deposited by an event. This task includes the pick -up of debris laden sand, hauling debris
laden sand to the processing screen located on or near the beach, processing the debris
laden sand and returning the clean sand to the approximate original location on the beach
as directed by the COUNTY. Debris removed from the sand will be picked up, hauled and
processed based on the scope of work and unit prices for debris removal from COUNTY
rights of way.
The cost associated with collection, screening and returning sand to the beach shall be
invoiced at $ 20.00 per cubic yard.
F. Right of Entry (ROE) Work
As directed by the County, the CONTRACTOR will provide labor, equipment and materials
to clear vegetative debris from private property, and demolish and remove non - vegetative
debris from private property. Work may include trimming limbs and trees that present a
hazard, clearing debris from private property and hauling it to the closest public right of way
Work will not proceed until appropriate rights of entry forms and hold harmless agreements
are obtained.
The following rates apply for right of entry work:
Vegetative debris: $ 10.00 per cubic yard
Demolish and Remove non - vegetative debris from private property: $ 15.00 per cubic
yard.
Note: Right of Entry (ROE) work rates apply to clearing debris from private property and
hauling to closest public Right of Way. Standard debris rates apply to futher handling.
G. Tree and Limb Removal
• Provide all equipment, tools and personnel to safely remove hazardous leaning
trees or hanging tree limbs, as directed by Monroe County.
• Provide control of pedestrian and vehicular traffic in the work area, to include flag
persons, signs or other devices necessary to ensure safe tree /limb removal
operations
• Ensure that strict Right -of -Entry procedures are followed for any hazardous tree or
limb removal operations that affect private property.
• As directed by the County, remove all hazardous tree stumps, both uprooted and
intact.
• Cut up trees and /or limbs, load and transport to the closest temporary debris site as
directed by the County.
The cost of hazardous tree and hanging limb removal shall be invoiced as follows:
Hazardous Tree and Limb Removal*
Unit
Unit Price
hazardous tree removal 6" to 23.99" in diameter
Per Tree
$135.00
hazardous tree removal 24" to 35.99" in diameter
Per Tree
$215.00
hazardous tree removal 36" to 47.99" in diameter
Per Tree
$295.00
hazardous tree removal 48" and greater in diameter
Per Tree
$495.00
tree limb removal
Per Limb
$95.00
*Unit price for tree and limb removal will include cost to cut trees or limbs and stack on
public right of way. Collection, reduction and haul out will be at standard unit rates for
vegetative debris.
The cost of tree stump removal shall be invoiced as follows:
Tree Stump Removal*
Unit
Unit Price
Greater than 24" but Less than 48" in Diameter
Per Stump
$300.00
48" and Greater in Diameter
Per Stump
$400.00
*The per stump unit prices for removal of stumps greater than 24" in diameter will include
the cost to remove, transport and dispose of stump and to backfill the root cavity.
2. Required Response Level and Time
The following minimum response levels and timeframes are required by the
contractor:
A. Contractor's senior representative will be present at County EOC 24 hours prior to
anticipated event, if requested by County; if not already present Contractor's senior
representative will report to County EOC within 24 hours of notification by County after an
event.
B. Emergency Debris Clearance (PUSH) from Roads
5 crews (personnel and equipment) within 12 hours of notification by County
10 crews (personnel and equipment) within 24 hours of notification by County
C. Debris Collection /Removal from County Roads
Within 24 hours of notification by County, contractor personnel will establish presence in
county and prepare a minimum of four temporary debris sites for the following levels of
response for debris collection:
Tropical Storm or Category 1 hurricane 50 trucks (incl. personnel and loading
equipment;
Category 2 or 3 hurricane 150 trucks
Category 4 or 5 hurricane 200 trucks
33% of minimum equipment requirement must be present and working with 72 hours
66% of minimum requirement present and working with 120 hours of request
100% of minimum requirement present and working iwthin 180 hours of request.
The response levels indicated above represent the minimum required; as needed
contractor will be required to increase response levels to effectively respond to a specific
event as debris operations proceed.
Failure to meet the minimum required response levels and timeframes will be
considered non - performance and a default under the contract.
DISASTER RESPONSE AND RECOVERY SERVICES
2017 FINAL RANKING SHEET
nre of Selection Committee Member
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------ -.------- __ - -_ - -- -_ _-_-_-_--_;-----_----- t _________ 1
.......... t--- _- - - - - --
-_-- _ --
Marty Senterfitt
- _ _ - - t_-
Total Score 1
- -+ -_ i ._
1 I
! ,
+ -----------
1 1
( 1 1
-+
I I!
- --
-- -F- - -f
1 1 1
Rank f ( 1 r 1
1
------------------------------------------------------------
Kevin Wilson
Total Score I-- 1
- , -
F
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I
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1
1
- _. _..--- ... .: ,#----------- y.
r # 1
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Rank
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I I I
- - - - -- ” - - -_ -_ ___ -_ _ _ 1, _--_ __
l I I I
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TOTAL POINTS
?J C1
-
} 9' I
---------------------°-°°-°---------------_-----
RANKING
___..- _.._- .----------- - - - -�-
- .
i
_ -_ _--_ - - _ -___- -1
- - - -__ 3----------- 1 - -- I _ # 1
2,
1 1
1
nre of Selection Committee Member
Date
Date
a
•