Item M1County of Monroe BOARD COUNTY COMMISSIONERS
Mayor Ge Neugent, District 2
The Florida Keys Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
September 27, 2017
Agenda Item Number: M.1
Agenda Item Summary #3429
ADD ON DAY OF MEETING: M -1
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Tina Boan (305) 292 -4470
N/A
AGENDA ITEM WORDING: Approval of First Amendment to the Agreement for FEMA Public
Assistance Consulting Services with Adjusters International, Inc.
ITEM BACKGROUND: The County entered into an Agreement with Adjusters International Inc.
on September 5 2017 due to declared emergency relating from Hurricane Irma on a public
exigency or emergency basis for 90 days with a cap of $49,999.99, which was signed by the County
Administrator. Due to the magnitude of the effects from Hurricane Irma, the cap in the Agreement is
being revised from $49,999.99 to $320,000.00 to cover services rendered and to be provided by
Adjusters International. Additional FEMA provisions are also being included in the First
Amendment. Staff from Adjusters International, Inc. is preforming under the Agreement and have
been on site at the EOC to assist County staff as needed. Since these services are procured under the
emergency provision of 2 CFR 200.320(f), a competitive solicitation will be required for FEMA to
continue to reimburse for said services. County staff has finalized the Request for Proposals (RFP)
and it will be advertised and released as soon as possible.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved advertisement of RFP for FEMA
Public Assistance Consulting Services at its August 16, 2017 meeting.
CONTRACT /AGREEMENT CHANGES:
increase total dollar value of contract from $49,999.99 to $320,000 and add additional requirement
FEMA provisions
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
First Amendment
Agreement with Adjusters International, Inc.
FINANCIAL IMPACT:
Effective Date: 9/5/17
Expiration Date: approximately 12/5/17 or until award of contract resulting from REP
Total Dollar Value of Contract: $320,000.00
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: potential FEMA & State Funds
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A see below
REVIEWED BY:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Skipped
09/25/2017 2:38 PM
Skipped
09/25/2017 2:39 PM
Skipped
09/25/2017 2:00 PM
Completed
09/25/2017 2:39 PM
Pending
09/27/2017 4:00 PM
First Amendment to Agreement for
FEMA Consulting Services
This First Amendment to Agreement ( "Amendment ") is made and entered into this 27th
day of September, 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 Adjusters International, Inc., a foreign profit corporation under
the State of Florida, whose principal place of business and mailing address is 126 Business
Park Drive, Utica, NY 13502 its successors and assigns, hereinafter referred to as
"CONTRACTOR" or "CONSULTANT ".
WITNESSETH:
WHEREAS, on September 5, 2017, the County entered into an agreement with
CONSULTANT for professional consulting services relating to Hurricane Irma, a declared state
of emergency event ( "Agreement "); and
WHEREAS, as per 2 CFR 200.320(f)(2), the public exigency or emergency exception,
and as outlined in FEMA's June 21, 2016 Field Procurement Manual and in accordance with the
extended grace period for implementation of 2 CFR 200, the County continues to need the
services of the CONSULTANT during this trying period; and
WHEREAS, the Agreement contained a price cap of $49,999.99; and
WHEREAS, the parties agree that the spending cap in the Agreement need to be
increased to cover the 90-day time period in the Agreement; and
WHEREAS, CONSULTANT has agreed to provide the professional services listed in the
Agreement during the term of the Agreement, 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:
Section 1. Paragraph 7.1.1 in the Agreement is revised in its entirety to read as follows:
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, in a not to exceed amount of three
hundred and twenty thousand dollars and no cents ($320,000.00). Under the
COUNTY's Purchasing Policy, this Agreement is subject to ratification by the
Board of County Commissioners. This Agreement is also subject to annual
appropriation by the Board of County Commissioners.
Section 2. A new paragraph 9.5 (C) is added to the Agreement to paragraph 9.5
(Termination) to read as follows:
(C) Termination for Cause and Remedies: In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The COUNTY
may also terminate this agreement for cause with CONSULTANT should
CONSULTANT fail to perform the covenants herein contained at the time and in
the manner herein provided. In the event of such termination, prior to termination,
the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and
provide the CONSULTANT with an opportunity to cure the breach that has
occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the COUNTY terminates this agreement with the CONSULTANT, COUNTY
shall pay CONSULTANT the sum due the CONSULTANT under this agreement
prior to termination, unless the cost of completion to the COUNTY exceeds the
funds remaining in the contract; however, the COUNTY reserves the right to
assert and seek an offset for damages caused by the breach. The maximum
amount due to CONSULTANT shall not in any event exceed the spending cap in
this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's
False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County
Code.
Section 3. A new paragraph 9.5 (D) is added to the Agreement to paragraph 9.5
(Termination for Convenience) to read as follows:
(D) Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon one (1) weeks' notice to CONSULTANT. The
COUNTY may also terminate this agreement for cause with CONSULTANT
should CONSULTANT fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, prior to
termination, the COUNTY shall provide CONSULTANT with five (5) calendar
days' notice and provide the CONSULTANT with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the COUNTY terminates this agreement with the
CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONSULTANT shall not exceed the spending cap in
this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's
False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County
Code.
Section 4: The following language is added to paragraph 9.17 (Nondiscrimination):
During the performance of this Agreement, the CONTRACTOR agrees as
follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
Section 5.
(7) In the event of the contractor's non - compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended In whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
Paragraph 9.29.1 is replaced in its entirety with the following:
9.29.1 Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387)
and will reports violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
Section 6. In all other respects, the Agreement remains unchanged and in full force and
effect.
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) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
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CHRISTINE IAM11ERT BARROWS
ASSISTANT O ORNEY
DATE:
AfREEMENT Ft��
FEMA Public Assistance
Consulting Services
This Agreement ( "Agreement ") made and entered into this 5t' day of September, 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 (" BOCCJ,
AND
Adjusters International, Inc., a foreign profit corporation under the State of Florida, whose
principal place of business and mailing address Is 126 Business Park Drive, Utica, NY 13502 its
successors and assigns, hereinafter referred to as "CONTRACTOR" or "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
FEMA Public Assistance Consulting Services relating to Hurricane Irma, a declared state of
emergency event; and
WHEREAS, as per 2 CFR 200.320(f)(2), the public exigency or emergency exception,
and as outlined in FEMA's June 21, 2016 Field Procurement Manual and in accordance with the
extended grace period for implementation of 2 CFR 200, the County seeks to procure the
CONSULTANTS as the requirement for such services will not permit a delay resulting from
competitive solicitation; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to providing FEMA Public Assistance Consulting Services for Hurricane
Irma, a declared stale of emergency as declared by the State of Florida and Monroe County,
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:
FORM OF AGREEMENT
A 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 CONSULTANTS duties
hereunder have been fully satisfied;
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_
1.1.5 The CONSULTANTS 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.
1.1.6 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.
1.1.7 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.
1.1.8 The effective date of this AGREEMENT shall be September 5, 2017. The term of the
AGREEMENT shall be for 90 day period as needed to perform the services for the Project
and in accordance with 2 CFR 200.320(f)(2).
ARTICLE 11
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.
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:
Tina Boan, Sr. Director
Budget and Finance
11 co Simonton Street, Suite 2 -213
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the CONSULTAN
John W Marini
126_ Business Park DjhM
Utica, New York, 1302
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONSULTANT
(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 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 iurnished in accordance with generally accepted FEMA Public Assistance
Consulting Services.
C. 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 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.
RTICLE IV
COUNTY'S ESPO IBIL
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 CONSULTANTS
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
CONSULTANTS 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 &ND 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($)
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 CONSULTANTS failure to purchase or maintain the required
insurance, the CONSULTANT shall lndemnify 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 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 CONSULTANT shall assign only qualified personnel to perform any service concerning the
project.
AR ICLE V
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANTS
performance of this Agreement, based on rates negotiated and agreed upon and shown
In Attachment A, in a not to exceed amount of $49,999.99, as within the purchasing
authority of the County Administrator and below the competitive solicitation threshold in
accordance with Monroe County Code and Monroe County Purchasing Policy.
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 the Local Government Prompt Payment Act,
218.70, Florida Statute.
7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbursable expenses, except for travel as required and
approved by the County or County Representative. Travel "it be in accordance with Monroe
County Code Sec. 2 -106 et seq.
7.4 BUDGET
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
INSURANQE 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
CONSULTANTS 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 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 Personal Injury Llability, 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 CONSULTANT 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. COUNTY shall be named as an additional insured with respect to CONSULTANTS
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. h 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.
ARTICLE IX
MISCELLANEOUS
IL1 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 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 CONSULTANT, 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.
9.4 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 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 this Agreement, including 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 CONSULTANT 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 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 MAINTENANCE OF RECORDS
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 18"' 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 SEVERABIL.ITY
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 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 shalt 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 CONSULTANT 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 shalt 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 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 9.6 concerning termination or cancellation.
8.16 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 Vill of the Civil
Rights Act of 1968 (42 USC s. at 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
riot 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
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 respectto 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 shag 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, got, 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 9 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
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 most 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 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 CONSULTANT. A CONSULTANT who falls 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 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, FL ORIDA STATUTES. _'THE
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN ¢RADLEY AT PHONE# 305 -292 -3470
WEST. FL 33040.
9.22 NON- WAIVER OF IMMUNITY
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
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 NEGOTIATION
CONSULTANT 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 CONSULTANT 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.
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 11 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 most 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 - 31413) as supplemented by Department of Labor regulations (29
CFR Part 15, "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 tabor 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 subreciplent 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 subreciplent 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- 7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1261 - 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- 7571q) 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
govemmentwide 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.G.
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 I M (ADA) — The CONTRACTOR WIN 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 Busirress 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, 'al recipients
and contractors shall take all necessary and reasonable steps In aowrdance 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 discrimbate 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 term of the Contract and shall expressly require any subcontractors performing work
or providing services pursuant to the Contract to likewise utilize ft 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.
Bp:
Tiom C=W
Monroe County Admh ddrator
J MONROE COUNTY ATrORM
W MaL
CHUSTINE LIMBERT BARROWS
ASSISTANT UNTY A RNEY
DATE:
Adjusters Iatera2UM11
(SOW) CONTRACTOR
Attest: �®
BY: By:
Tide: Title. CEO
END OF AGREEMENT
ATTACHMENT A TO AGRREMENT
SCOPE OF WORK AND PRICING
Approach & Scope of Work
iFEMA Public Assistance (Disaster Recovery) Consulting Services
The following bullets present the services that are available under this engagement.
Pt v}ect Worksheet Developtneat Phase;
• Ensure all eligible costs/damages have been identified and reported to FEMA
• Categorize the County losses: FEMA categories A -G, insured /uninsured, responsibility of aFA,
and special considerations.
• Assist in separating damages and costs to the appropriate declared disaster for multiple events
as required by FEMA
• Identify any circumstances that may require special reviews and support the County with these
efforts (Insurance, environmental, hazard mitigation, etc.)
• Work with the County to Identify any possible alternate or improved projects
• Support overall PW formulation efforts to include development of damage descriptions, scopes
of work, and valid cost estimates
• Assist with project formulation, grant strategy development and implementation
• Assist In compiling and summarizing Category A through G costs and preparing support
documentation for presentation to FEMA and the State
• Provide general insurance support/guidance to ensure appropriate anticipated insurance
deductions by FEMA and Fully integrate your insurance claim with your FEMA recovery
• Provide QA/QC support and general eligibility guidance
Expedite FEMA Funding:
• Identify and support the County with any immediate needs funding opportunities
• Ensure PW's for work completed and /or costs Incurred to date are prioritized and written in
advance of other projects
• Support cost documentation collection for costs Incurred /work completed to date
• Assist in developing approach to filing and tracking costs
• Assist In capturing and summarizing eligible costs for selected departments
• Conduct "Integrity audits" for all costs incurred to date and klendfy any areas of concern that
may jeopardize funding, to Include a review of any existing contracts procured to support the
response and recovery efforts to date. This would Include a review contracts, vendor
qualification process, and purchasing documentation against FEMA's Field Procurement Manual
• Develop a funding approach and identify other possible funding avenues for work possibly not
covered by FEMA (HUD, USDA, FHWA, etc,)
Genera/ Rewvrery Soppart Grant Management and Close -Diul.
• Provide guidance regarding FEMKs obtain and maintain Insurance requirement
• Support the County with their riles and responsibilities outlined in FEMA's Public Assistance new
delivery model process if implemented
• Assist in identifying and prioritizing County needs
• Maximize hazard mitigation opportunities to help reduce or eliminate future damages from similar
events
• Review eligibility Issues and work with the County to develop justifications for presentation to
FEMA, State, and other involved agencies
• Provide program guidance with respect to eligibility, options, contracting, change orders,
documentation and tracking
• Prepare draft correspondence to State, FEMA and other relevant agencies as necessary
• Attend meetings with management, State and FEMA
• Work to resolve disputes that may arise
• If management disagrees with FEMA determinations, assist to strategize and write appeals
When all projects are completed and drawn down reimbursement for all eligible costs, assist
with finalizing preparations for State /FEMA final Inspections and audits, and participate in exit
conferences with State/FEMA
• Provide overall grant management support through project closeout activities
Training Support.
• Support efforts to train internal staff on FEMA documentation requirements
• Support training related to the overall recovery process and FEMA Public Assistance program
Cost Proposal
FEMArrelaftd 5Wvlces
Adjusters International provides FEMA- related services on a time- and - expense basis. The overall cost of
our service will be based on the number of staff and time required. Per-project amounts will be calculated
according to the following time- and - expense rate table.
Public Assistance Consulting
Project Manager
$255.00
Public Assistance Senior Consultant
$225.00
Public Assistance Consultant
$165.00
Public Assistance Consultant II
$155.00
Professional fees will be Invoked on a monthly basis. Expenses will be billed to the County at AI's cost.
Expense reimbursement will include transportation, lodging, meals and Incidentals in accordance with
Monroe County Code Sec. 2 -106. Al will make every effort to keep expenses to a minimum. We
encourage the County to assist us with this by any means available.
Because of the nature of federal funding, Al can make no guarantees concerning the amount of funding
the County will receive from applicable funding sources. AI's fees for service are not contingent on FEMA
reimbursement to the County. AI will make every effort to capture and document our costs In compliance
with FEMA's policy on Direct Administrative Costs (DAC). Please note that staff time can only be
reimbursable under DAC when it can be charged to a specific Project Worksheet and assignment of staff
time and functions are completely under the control of the County.