Item C11BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: C.11
Agenda Item Summary #3267
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292 -4482
No
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for FEMA
Public Assistance Consulting Services.
ITEM BACKGROUND: Monroe County requires professional FEMA grant management services
in the event of a declared disaster to maximize FEMA funding, ensure compliance with all federal
and state requirements and expedite required processes.
PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners previously
approved an on -call FEMA Grant Management agreement.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to Advertise
DOCUMENTATION:
Draft RFP for FEMA Public Assistance Consulting Svcs - DRAFT2017
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
I ndirect Costs:
Estimated Ongoing Costs Not I nduded in above dollar amounts:
Revenue Producing:
Grant:
County M atch:
Insurance Required:
Additional Details:
If yes, amount:
None
REVIEWED BY:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
08/01/2017 4:37 PM
Completed
08/01/2017 4:41 PM
Completed
08/01/2017 4:52 PM
Completed
08/01/2017 7:57 PM
Pending
08/16/2017 9:00 AM
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
FEMA Public Assistance
Consulting Services
;OUNTY COMMISSIONERS
eorge Neugent, District 2
Tem, David Rice, District 4
iy Kolhage, District 1
;r Carruthers, District 3
i J. Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT BUDGET AND FINANCE DIVISION
Kevin Madok Grants Administration Department
August 2017
NOTICE OF CALLING FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on
2017 (INSERT ate) at 3 :00 P.M. the Monroe County Purchasing Office
will open sealed proposals for the following:
FEMA PUBLIC ASSISTANCE
CONSULTING SERVICES
MONROE COUNTY, FL
Requirements for submission and the selection
DemandStar by Onvia at www.demandstar.com
or call toll -free at 1- 800 - 711 -1712. The Public Re
Office located at the Gato Building, 1100 Simonoor
33040. Technical questions should be directed, in
Administrator, The Gato Building, 1100 Simonton
33040
All Responses must be sealed and must be
Purchz - --
0
C
ria may be requested from
rww.monroecountybids.corn
s available at the Purchasing
Street, suite 1 -213, Key West, FL
writing, to David P. Owens, Grants
Street, Suite 2 -213, Key West, FL
itted to the Monroe County
TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS
SECTION ONE - Instructions to Respondents & Scope of Work
SECTION TWO - Draft Contract
SECTION ONE: INSTRUCTIONS TO RESPONDENTS
1. Objective of the Request for Proposals
The Respondent awarded a contract shall provide the FEMA Public Assistance Consulting
Services described herein. These services include, but are not limited to:
• General FEMA Public Assistance grant management advice and assistance,
• Assistance with development and ongoing activities of a team of County employees
to manage the FEMA Public Assistance process,
• Assistance with preparation of correspondence to State of Florida and FEMA when
required,
• Advice as to eligibility of expenses,
• Assistance in meeting deadlines imposed by FEMA and the State of Florida for
documentation, appeals, completion of work, etc.,
• Review of current County policies and assistance with development and
documentation of new County policies to ensure compliance with FEMA and State
of Florida requirements,
• Assistance with hazard mitigation proposals, alternate projects, and improved
projects to protect the County's interests,"
• Assistance with preparation of large and small project worksheets, so that scope of
work is accurate and comprehensive, estimates are accurate, expenses are eligible
and documented, and that projects; are categorized as small or large in a manner
that ensures prompt and sufficient reimbursement to the County,
• Assistance with dispute resolution and appeals,.
• Periodic reports to management as to status of FEMA Public Assistance process,
• Assistance with project final inspections and audits, and
• Other related activities as requested by the County.
The FEMA Public Assistance Consulting Services must comply with the requirements of
FEMA, the State of Florida, and any other applicable laws and regulations.
2. Background Information
Monroe County ( "County ") is a non- chartered county established under the Constitution
and the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent.
The population of the County is estimated at approximately 77,000.
The Board of County Commissioners, constituted as the governing body, has all the
powers of a body corporate, including the powers to contract; to sue and be sued; to acquire,
purchase, hold, lease and convey real estate and personal property; to borrow money and to
generally exercise the powers of a public authority organized and existing for the purpose of
providing community services to citizens within its territorial boundaries. In order to carry out this
function, the County is empowered to levy taxes to pay the cost of operations.
The County seeks to protect its interests in the event of a disaster by securing the
services of a qualified provider of FEMA Public Assistance consulting services, as outlined
above.
3. Evaluation Criteria
1
Each proposal will be reviewed and consideration will be given to each of the following criteria:
• Ability to provide services listed.
Experience with similar projects.
Qualifications of staff.
Total cost.
4. Content of Submission
The proposal submitted in response to this Request for Proposal
8 -1/2" x 11" white paper and bound; shall be clear and concise, tabulate
information requested herein. Statements submitted without the require
considered. Responses shall be organized as indicated below. The Res
withhold any information from the written response in anticipation of pre
orally or in a demonstration, since oral presentations or demonstrations
Respondent must submit adequate documentation to certify the Respo
County's requirements. Respondent should focus specifically on the info
5. Format.
The response, at a minimum, shall include the
A. Cover Page
A cover page that states "PROPOSAL FOR FEN
must be included. The cover page should contai
the name of the Respondent's contact person(s).
s (RFP) shall be printed on
d, and provide the
d information will not be
pondent should not
senting the information
may not be solicited. Each
ndent's compliance with the
rmation reauested.
ICE CONSULTING SERVICES"
address, telephone number, and
B. Tabbed Sections
Tab 1. Executive
The Respondent shall provide a narrative of the firm's qualities and capabilities that
demonstrates how the firm will work with the County to fulfill the requirements of this
Project. Describe the firm's methods of providing FEMA Public Assistance
Consulting Services listed in Section One, both in the office and at locations affected
by the disaster.
Tab 2. Relevant Exaerience
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 Project.
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 client
Name and telephone number of client contact for referenced project
2
Date of initiation and completion of contract
Summary of the project and services
Tab 4.
Tab 5
Tab 6
Tab 7
Project Approach
The Respondent shall describe the approach and methodology it will use to
accomplish the work defined herein. The project approach shall include information
on schedule and availability where applicable.
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.
The Respondent shall include a list of the proposed staff that will perform the work
required if awarded this contract. An organizational chart and management plan
should be included in this section. The Respondent shall also include minimum
qualifications for each class of employee of the project team and identify his /her role
on the team. Include in this section the location of the main office and the location of
the office proposed to work on this project.
The Respondent should include in this section the number of disaster services
contracts they currently hold in 1) south Florida 2) the state of Florida and 3) the
southeast United States and provide information on resources and capability to
meet the needs of multiple contracts in the event of a major event that impacts the
region.
Other Information
Respondent shall provide any additional project experience that will give an
indication of the Respondent's overall abilities.
ect
Respondent shah use a f rrn t sirnil r to that of th sam ple shown below, with at
toast as much detail. 'The titles o f persons working on this p ro,ject and the hourly
rates shall be fisted. n th r expenses not included in these hourly rates shall be
it mze at the b tt rr.,
3
PROJECT BUDGET
FEMA Public Assistance Consulting Services
You may use a spreadsheet of your own design, but it must be in
similar format, and include at least as much information.
11
Tab 8. Financial Information and Litigation
The Respondent will provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the
stock or, if a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; or, if a solely owned proprietorship, names(s) of
owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if
different, the number of years it has been providing the services, goods, or
construction services called for in the bid specifications (include a list of similar
projects);
(4) The number of years the person or entity has operated under its present
name and any prior names;
(5) A print out of the "Detail by Entity Name" screen from the Respondent's
listing in www.sunbiz.org
(6) A copy of the Respondent's Annual Report that is submitted to the Florida
Secretary of State;
(7) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? Yes or no. If yes,
provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? Yes or no. If yes, provide details;
C. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within the
last five years, been a party to any lawsuit, arbitration, or mediation with regard to a
contract for services, goods or construction services similar to those requested in
the specifications with private or public entities? Yes or no. If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county in
connection with contract to provide services, goods or construction services? Yes
or no. If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was an
officer, director, general partner, principal, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar to those
sought in the request for competitive solicitation;
(8). Customer references (minimum of three), including name, current address
and current telephone number;
(9). Credit references (minimum of three), including name, current address and
current telephone number;
(10). Audited financial statements for the prior three years for the responding
entity or for any entity that is a subsidiary to the responding entity.
The County reserves the right to request additional information related to the financial
qualifications, technical competence, the ability to satisfactorily perform within the contract time
constraints, or other information the County deems necessary to enable the department and board
of county commissioners to determine if the person responding is responsible.
Tab 9. County Forms
Respondent shall complete and execute the forms specified below and located in this RFP, as
well as copies of all insurance and occupational licenses and shall include them in this section,
i.e. Tab 9:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non - Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Request of Waiver of Insurance Requirements (optional)
COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be
preparing responses. The County does not as
misinterpretations resulting from the use of inc
B. Complete sets of RFP Documents may be obt
locations stated in the Notice of Reouest for P
6. SUBMISSION OF RESPONSES
Interested firms or individu
of six (6), three (3) signed
sealed envelope clearly rn
County Proposal for FEN
Monroe County Purchasin,
FL 33040, which must be i
sent by mail or by courier, th+
addressed to the entity and
will be accepted after 3:00
rejected. It is the sole resp
in a timely fashion.
Each Respondent shall subs
experience.
:d and shall be used in
any responsibility for errors or
ete sets.
in the manner and at the
Is are ;requested to indicate their interest by submitting a total
riginai s and three (1 - 5) complete copies of the proposal, in a
- ked on the outside, with the Respondent's name and "Monroe
k Public Assistance Consulting Services ", addressed to
Department, 1100 Simonton Street, Room 1 -213, Key West,
ceived on or before 3:00 P.M. local time on XXXXX X, XXXX. If
above - .:mentioned envelope shall be enclosed in another envelope
dress stated in the Notice of Competitive Solicitation. No proposals
'.M. Faxed or e- mailed proposals shall be automatically
risibility of each Respondent to ensure its proposal is received
it with his Response the required evidence of his qualifications and
7. 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 proposals for the same work.
on
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Proposals on leases or perform work
as a contractor, supplier, subcontractor, or contractor under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. Category
Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his /her proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with
his /her bid or proposal. Failure to complete this form in every detail and submit it
with the bid or proposal may result in immediate disqualification of the bid or
proposal.
8. EXAMINATION OF RFP DOCUMENT
A. Each Respondent shall carefully examine the RFP and other contract documents,
and inform himself /herself 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 /her 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.
9. INT
FICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFP and contract
documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior
to the date fixed for opening of responses will be given consideration. Questions should be
directed, in writing, to Laura deLoach- Hartle, Grants Administrator, 1100 Simonton Street,
Suite 2 -213, Key West, Florida 33040 or by Facsimile (305) 292 -4515. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued, will be posted on
DemandStar and a notification will be furnished to all known prospective Respondents listed as
planholders prior to the established Proposal opening date. Each Respondent shall acknowledge
receipt of such addenda in his /her Proposal. In case any Respondent fails to acknowledge receipt
of such addenda or addendum, his /her response will nevertheless be construed as though it had
been received and acknowledged and the submission of his /her response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents and
each Respondent will be bound by such addenda, whether or not received by him /her. It is the
7
responsibility of each Respondent to verify that he /she has received all addenda issued before
responses are opened.
10. 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, professional license requirements and
regulations that in any manner affect the work. Knowledge of occupational license requirements
and obtaining such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Respondent.
11. 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.
12. MODIFICATION OF RESPONSES
Written modification will be accepted fror
address indicated in the Notice of Request for P
and time. Modifications must be submitted in a
the Respondents name and "Modification to P
Tavernier Historic District Intensive Level Su
courier, the above - mentioned envelope shall be
entity and address stated in the Notice of RequE
shall be automatically reiected
pondents if addressed to the entity and
als and received prior to Proposal due date
envelope clearly marked on the outside, with
al - Monroe County Proposal for The
ind Publication." If sent by mail or by
sed in another envelope addressed to the
Proposals. Faxed or e- mailed modifications
13. RESPONSIBILITY FO
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.
14. 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 Competitive Solicitations. 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.
15. DETERMINATION OF SUCCESSFUL RESPONDENT
The contract shall be awarded based on the following criteria:
• Ability to provide services listed.
• Experience with similar projects.
• Qualifications of staff.
• Price.
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.
16. AWARD OF CONTRACT
A. The County reserves the right to award s
geographic area or other, and to waive any informality it
part of the work contemplated.
B. The County also reserves the right to rej(
previously failed to perform properly or to complete con]
to contracts for the services based on
response, or to re- advertise for all or
response of a Respondent who has
of a similar nature on time.
C. The recommendation of staff shall be pre
Commissioners of Monroe County, Florida, for final sele
17. CERTIFICATE OF INSURANCE AND INSURANC
anted to the Board of County
ion and award of contract.
REMENTS
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. 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, The required insurance shall be
maintained at all times while Respondent is providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $1,000,000
Bodily Injury by Disease, policy limits $1,000,000
Bodily Injury by Disease, each employee $1,000,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
I
$500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
Vehicle Liability
(Owned, non -owned and hired vehicles)
Professional Liability
$250,000 per person
$500,000 per occurrence
$50,000 property damage
$5,000,000 per Occurrence
$5,000,000 Combined Single Limit
$1,000,000 per
$2,000,000 A%
Monroe County shall be named as an Additional Ins
Vehicle Liability policies.
18. INDEMNIFICATION
The Respondent to whom a c
the County as outlined below.
The CONSULTANT covenants and
County, its commissioners, officers,
claims for bodily injury, including d e
damage to property owned by Mo
expenses of any kind, including 'atto
of, in connection with, or by reason o
Subcontractor(s) in any tier, occasio
omission of the CONTRACTOR, its
the General Liability and
d shall defend, indemnify and hold harmless
agrees to indemnify, hold harmless and defend Monroe
employees, agents and servants from any and all
ath, personal injury, and property damage, including
nroe County, and any other losses, damages, and
rney's fees, court costs and expenses, which arise out
f services provided by the CONTRACTOR or any of its
ned by the negligence, errors, or other wrongful act or
Subcontractor(s) in any tier, their officers, employees,
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 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
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR 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 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 contract.
10
19. EXECUTION OF CONTRACT
The Respondent will be required to execute a contract with the County (draft attached) for
the services provided for in this RFP. 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.
11
SECTION TWO: DRAFT CONTRACT
AGREEMENT FOR
FEMA Public Assistance
Consulting Services
This Agreement ("Agreement") made and entered into this day of 1
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"),
mm
, whose address is
its successors and assigns, hereinafter referred to as "CO
WHEREAS, COUNTY desires to employ the
Public Assistance Consultinq Services: and
of the State of
OR" or "CONSULTANT",
of CONTRACTOR for FEMA
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing FEMA Public Assistance Consulting 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 CONSULTANT agree as follows:
ORM 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 CONSULTANT 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;
12
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 CONSULTANTs 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 to
document costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.6 The CONSULTANT'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 CONSULTANT 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
CONSULTANT.
1.1.7 At all times and for all purposes under this agreement the CONSULTANT 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
CONSULTANT or any of his /her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.8 The CONSULTANT 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.
1.1.9 The effective date of this AGREEMENT shall be . 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
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT 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
13
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 CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT 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 CONSULTANT. 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:
Laura deLoach- Hartle, Grants Administrator
1100 Simonton Street, Suite 2 -213
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
For the
3.1
W ,
)y the CONSULTANT (provided
Services. If requested by the
pensation paid for the Basic
mencement.
A. Providing services of CONSULTANT 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 FEMA Public Assistance Consulting
Services.
B. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
If Additional Services are required, such as those listed above, the COUNTY shall issue a
14
letter requesting and describing the 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.
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 CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT 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
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of " any documents prepared by the CONSULTANT 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 CONSULTANT 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 CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT 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 CONSULTANT or 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 and agents.
15
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.
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 lessen
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier
ARTICLE
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to
project. At the time of execution of this Agreement, the pad
individuals will perform those functions as indicated:
NAME
NCTION
e insurance requirements
Agreement.
any service concerning the
pate that the following named
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
16
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT 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 CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'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
218.70, Florida Statute.
7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbu
7.4 BUDGET
overnment Prompt Payment Act,
7.4.1 The CONSULTANT 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 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
17
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 CONSULTANT 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 Persor
injuries to members of the public or damage t
covered act or omission of the CONSULTAN
subcontractors or subcontractors, including Pre
Completed Operations, Independent Contractor
Blanket Contractual Liability Endorsement Witt
occurrence and annual aggregate.
it ;Injury Liability, covering claims for
property of others arising out of any
or any of its employees, agents or
rises and /or Operations, Products and
Broad 'Form Property Damage and a
Five Million Dollars ($5,000,000) per
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. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
F. CONSULTANT shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subcontractors.
G. 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.
H. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
um
ARTICLE IX
MISCELLANEOUS
9.1 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.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontrE
except in writing and with the prior written approve
for Monroe County and the CONSULTANT, wt
conditions and provisions as the Board may dee
incorporated by reference into any assignment
subcontractor shall comply with all of the provisl
provisions of the immediately preceding senter
successors, assigns and legal representatives to t
and legal representatives of such other party.
t its obligations under this agreement,
of the Board of County Commissioners
:h approval shall be subject to such
i necessary. This paragraph shall be
or subcontract and any assignee or
ns of this agreement. Subject to the
e, each '> party hereto binds itself, its
e other and to the successors, assigns
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein
rights in favor of, any th'ir(
nship, contractual or otherwise, with or any
9.5
A. In the event that the CONSULTANT 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 CONSULTANT.
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 Proposal Statement, 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
between any of the Contract documents, the one imposing the greater burden on the
CONSULTANT will control.
19
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 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 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, CONSULTANT 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, CONSULTANT 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.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
CONSULTANT is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENAN
CONSULTANT 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 CONSULTANT
pursuant to this Agreement were spent for purposes not authorized by this Agreement, or
were wrongfully retained by the CONSULTANT, the CONSULTANT 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 CONSULTANT agree that
venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court
20
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 CONSULTANT 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 CONSULTANT agree t
administrative proceeding is initiated or defen
or interpretation of the Agreement, the prev
attorney's fees and court costs, as an awarc
include attorney's fees and courts costs in app
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisi(
the benefit of the COUNTY and CONSULTAI�
at in the event any cause of action or
E)d by any party relative to the enforcement
iling party shall be entitled to reasonable
against the non- prevailing party, and shall
ns of this Agreement shall bind and inure to
T 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
CONSULTANT 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.
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.
The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet
and confer sessions to be commenced within 15 days of the dispute or claim. 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
21
law. This Agreement is not subject to arbitration. Any claim or dispute that the parties
cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County,
Florida. 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
CONSULTANT 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
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT 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. CONSULTANT
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.
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.
9.19 CODE OF ETHICS
22
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 CONSULTANT 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 CONSULTANT 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. CONSULTANT 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 CONSULTANT 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 CONSULTANT 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
CONSULTANT. Failure of the CONSULTANT 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 CONSULTANT 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 CONSULTANT
is required to;
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the CONSULTANT
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 CONSULTANT or keep and maintain public records that would be
required by the County to perform the service. If the CONSULTANT transfers all public
23
records to the County upon completion of the contract, the CONSULTANT shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONSULTANT keeps and maintains public records upon
completion of the contract, the CONSULTANT 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 CONSULTANT of the request, and the CONSULTANT
must provide the records to the County or allow the records to be inspected or copied within
a reasonable time.
If the CONSULTANT does not comply with the
shall enforce the public records contract pro
notwithstanding the County's option and right
violation of this provision by the CONSULTANT.
public records to the County or pursuant to
reasonable time may be subject to penalties and
County's request for records, the County
isions in accordance with the contract,
to unilaterally cancel this contract upon
A CONSULTANT who fails to provide the
a valid public records request within a
�r section119.10, Florida Statutes.
The CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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(a)MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111
12 Street. SUITE 408. KEY WEST. FL 33040.
9.22 NON - WAIVER OF I
Notwithstanding the „provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT 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.
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
24
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 CONSULTANT and the
COUNTY agree that neither the CONSULTANT 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 NEGOTIA
CONSULTANT agrees to execute such
including a Public Entity Crime !Stag
Workplace Statement. Signature of thi;
execution of a truth in negotiation certifi
costs supporting the compensation pursi
current at the time of contracting. The or
be adjusted to exclude any significant s
price was increased due to inaccurate,
documents as COUNTY may reasonably require
factual unit costs. All such adjustments m
the Agreement.
9.27 NO P
t, an Ethics Statement, and a Drug -Free
�eement by CONSULTANT shall act as the
stating that wage rates and other factual unit
.o the Agreement are accurate, complete, and
contract price and any additions thereto shall
by which the agency determines the contract
mplete, or concurrent wage rates and other
be made within one year following the end of
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.
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 CONSULTANT and its subcontractors must follow the provisions as set forth in
Appendix II to Part 200, as amended, including but not limited to:
25
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.
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.
26
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
Other Federal Re
9.29.9 Americans with Disabil
requirements as impoE
thereunder, and the aE
als as set forth in 2 CFR § 200.322.
of 1990 (ADA) – The CONTRACTOR will comply with all the
e ADA, the regulations of the Federal government issued
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
CONTRACTOR 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 CONTRACTOR 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.
9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system
to verify the employment eligibility of all new employees hired by the Contractor during the
27
term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E- Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
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: KEVIN MADOK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Date:
(Sea
Attes
BY:
Title:
By:
Mavor /Chairman
NM
ATTACHMENT A
SCOPE OF WORK AND PR ICING
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SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
[This page intentionally left blank, with forms to follow.]
30
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 1 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
(aaie) Dy
me
or has produced
identification.
(type of identification) as
NOTARY PUBLIC My Commission Expires:
name or amani). rieiane is personaiiy Known to
31
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 /her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability and may
also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee."
STATE
COUN
Subscr
(date) k
known
identific
NOTARY PUBLIC
My Commission Expires:
illy
32
NON - COLLUSION AFFIDAVIT
I, of the city of
oath, and under penalty of perjury, depose and say that
according to law on my
1. 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this 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 by the
partnership or corporation to submit, or not to sul
restricting competition;
5. the statements contained in this affidavit are true
knowledge that Monroe County relies upon the tr
this affidavit in awarding contracts for said projec
ignature)
idder to induce any other person,
it, a bid for the purpose of
rrect, and made with full
he statements contained in
STATE OF:
"
Subscribed and sworn to (or a
(date) by
known to me or has produced
identification) as identification.
(type of
NOTARY PUBLIC
My Commission Expires:
ed) before me on
(name of affiant). He /She is personally
33
I
34
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' 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 contenderre to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
me or has produced
(name of affiant). He /She is personally known to
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
35
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
fro the date of being placed on the convicted vendor list."
I have read the above and state that neither
any Affiliate has been placed on the convicted vendor list within
re)
STATE OF:
COUNTY OF:
Subscribed and sworn to
(date) by
has produced
identifi
H
months.
ent's name) nor
(name of affiant). He /She is personally known to me or
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
36
Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Required Limits
Statutory Limits
$ 1,000,000/$1,000,000 /$1,000,000
$5,000,000 Combined Single Limit
$5,000,000 Combined' Single Limit per
Occurrence /$5,000,000 Aggregate
The CONTRACTOR 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 CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONTRACTOR, 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 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. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR 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 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.
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
37
I
w
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
Liability pc
Insurance
DEDUCTIBLES
39
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Contractor
Contract fc
Address o
Phone:
Scope of
Reason fo
Policies W
will apply t
Signature
Risk Mane
Date:
County Administrator appeal:
Date:
Approved Not Approved
Board of County Commissioners appeal:
Meeting Date:
Approved Not Approved
.m
RESPONDENT
SIGNATURE
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