Item D7M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: D.7
Agenda Item Summary #3799
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
N/A
AGENDA ITEM WORDING: Ratification of Task Order with Tetra Tech, Inc. to provide
Hurricane Debris Monitoring and Disaster Related Services for Hurricane Irma
ITEM BACKGROUND: The County has a contract with Tetra Tech, Inc. to provide Hurricane
Debris Monitoring and Disaster Related Services. Tetra Tech was called to perform the duties as
specified in their contract after the passage of Hurricane Irma on September 12, 2017.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved a contract with Tetra Tech, Inc. for
Hurricane Debris Monitoring and Disaster Related Services on May 17, 2017.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Ratification of Task Order
DOCUMENTATION:
Task Order - Tetra Tech - signed
Contract - Debris Monitoring - EXEC - 5 -17 -17
FINANCIAL IMPACT:
Effective Date: September 12, 2017
Expiration Date: TBD
Total Dollar Value of Contract: TBD
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted: No
Source of Funds: FEMA
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
.
REVIEWED BY:
Judith Clarke
Completed
01/02/2018 11:19 AM
Christine Limbert
Completed
01/02/2018 11:35 AM
Budget and Finance
Completed
01/02/2018 11:41 AM
Maria Slavik
Completed
01/02/2018 12:34 PM
Kathy Peters
Completed
01/02/2018 12:49 PM
Board of County Commissioners
Pending
01/17/2018 9:00 AM
MONROE COUNTY AND TETRA TECH, INC. FOR HURRICANE IRMA
entered on the 17 day of May, 2017, by and between Monroe County hereinafter referred to as the
"County" and Tetra Tech, Inc. hereinafter referred to as "Consultant".
All terms and conditions of the referenced Contract for Hurricane Debris Monitoring and Disaster
Related Services apply to the Task Order, unless the Task Order modifies an Article of the Contract of
which will be specifically references in this Task Order and the modification shall be precisely
described.
1. Tetra Tech, Inc. is tasked with performing hurricane debris monitoring services as outlined in the
Scope of Services items I through 8 of Attachment A to the contract, in accordance with the Notice.
to Proceed issued September 12, 2017.
2. The task above shall be performed in accordance with 1.1.5 of the contract for Hurricane
Debris Monitoring and Disaster Related Services.
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Attest: KEVIN MADOK, Clerk
By:
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ATTACHMENT A
O TETRA TECH
Monroe County, Florida
2017 Hurricane Irma
Cost Estimates
Debris Monitoring and Management Services
Project Manager
$ 75.00 1
12
140
$
126,000.00
Operations Manager
$ 62.00 1
12
140
$
104,160.00
Data Manager /GIS
$ 55.00 1
12
140
$
92,400.00
Billing /Invoicing Manager
$ 45.00 1
12
140
$
75,600.00
Field Supervisor
$ 42.00 2
12
140
$
141,120.00
Disposal Site Monitor/Tower Monitor /Truck Certifier
$ 34.00 3
12
140
$
171,360.00
Field Coordinators /Collection Monitors
$ 34.00 15
12
140
$
856,800.00
Project Coordinator /Data Entry/Administrative
$ 34.00 1
12
140
$
57,120.00
Estimated Total
$1,624,560.00
* The above estimated level of effort and associated costs are based on available information at the time
the estimates were prepared and do not represent the actual cost of the project. Due to the uncertain
nature of the work involved, Tetra Tech cannot guarantee that the work will be performed within the
estimated amount provided above. If, during the performance of this work, it is determined additional
hours, expenses and /or funding is required in order to complete the project, Tetra Tech and the County will
mutually agree on a new /revised estimated cost and Tetra Tech will not proceed without written
authorization from an authorized representative of the County.
Scope:
a. Hiring, scheduling, training and managing field monitoring staff.
b. Certifying contractor vehicles for debris removal using methodology and documentation practices
appropriate for contract monitoring.
c. Monitoring and documenting debris removal and hazardous tree removal contractor operations.
d. Developing operational reports to keep the County informed of work progress.
e. Review and reconciliation of debris removal contractor invoices prior to submission to the County
for processing.
2301 Lucien Way, STE 120, Maitland, FL 32751
Tel 321.441.8500 Fax 321.441.8501 tetratech.com
AGREEMENT FOR
CONSULTING SERVICES
for
Hurricane Debris Monitoring and Disaster Related Services
This Agreement ( "Agreement ") made and entered into this 17 day of May, 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
Tetra Tech, Inc., a Foreign Corporation of the State of Florida (incorporated in the state of
Delaware), whose principal address is 3475 E. Foothill Boulevard, Pasadena, CA 91107, and whose
local address is 2301 Lucien Way, Suite 120, Maitland, FL 32751, its successors and assigns,
hereinafter referred to as "CONSULTANT ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for
Hurricane Debris Monitoring and Disaster Related Services; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include but
not be limited to providing hurricane debris monitoring services and program management 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:
FORM 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;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner
that they shall be accurate, coordinated and adequate for use in verifying work completed by
debris contractors and associated costs and shall be in conformity and comply with all applicable
law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part
of this 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 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.
1.1.6 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 May 17, 2017.
The term of the Agreement shall be for a five year period, unless otherwise terminated as
provided herein. The COUNTY shall have the option of extending the AGREEMENT for one
additional five year period at the same terms and conditions with approval from the COUNTY'S
Governing Board. Such extension shall be in the form a written Amendment to the Agreement
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 the form of a
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required • 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:
Ms. Judith Clarke, P.E.
Director • Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for • the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved • the COUNTY before
commencement.
3.2 If Additional Services are required 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.
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, 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 subconsultants
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
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe
County and Monroe County Board of County Commissioners, its officers and employees from
liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to
the extent caused by the negligence, recklessness, or intentional wrongful conduct of the
CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT
in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that
he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby
and shall further defend any claim or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements
contained elsewhere wn the Agreement.
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7.1 PAY MENTSUM
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 B.
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.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the
project:
a. Reimbursable expenses including transportation, lodging, meals and incidentals are
included in the hourly rates shown in Attachment B for each position.
b. Cost of reproducing maps or drawings or other materials used in performing the scope of
services;
C. Postage and handling of reports;
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
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to
purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY
from any and all increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI 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 One Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to
members of the public or damage to property of others arising out of any covered act or
omission of the CONSULTANT or any of its employees, agents or subcontractors or
subconsultants, including Premises and /or Operations, Products and Completed Operations,
Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability
Endorsement with One Million Dollars ($1,000,000) 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. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy,
CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after
completion of the project to cover the statutory time limits in Chapter 95 of the Florida
Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities
hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants 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
subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. 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.
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 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 the Request for Proposals, any addenda, the Form of Agreement
(Articles I -IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form
of Agreement as a part of this Agreement, all 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.
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 subconsultant 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 CONSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant
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 date of submission of the final
expenditure report in accordance with 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 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 that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall
include attorney's fees, courts costs, investigative, and out -of- pocket expenses 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 Subconsultants 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. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. This
provision does not negate or waive the provisions of paragraph 9.5 concerning termination or
cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and 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
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. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under
section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN(&MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12
Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
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 subconsultants must follow the provisions as set forth in Appendix II
to Part 200, as amended, including but not limited to:
9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60 -1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b).
9.29.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal
entities must comply with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction "). In accordance with the statute, contractors must be required to pay wages
to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. The COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The contractors must also comply with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States "). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable,
all contracts awarded by the COUNTY in excess of $100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
9.29.5 Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
9.29.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the non - Federal award.
9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 (ADA) – The CONSULTANT will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONSULTANT pursuant thereto.
9.29.10 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 CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
9.30 The Consultant 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 Consultant during the term of
the Contract and shall expressly require any subconsultants 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
subconsultant 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
( 7
Deputy Clerk
Date: 511 - 7 I'z " 1 7
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By:
Mayor/Chairman
TETRA TECH, INC.
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ATTACHMENT A
SCOPE OF SERVICES
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HURRICANE DEBRIS MONITORING AND DISASTER RELATED SERVICES
SCOPE OF SERVICES
Upon written authorization from the County the Consultant will perform the tasks outlined below to assist
the County in responding to the aftermath of a disaster. All activities will comply with the requirements of
the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), US
Fish and Wildlife, US Coast Guard (for marine debris) and any applicable State and local ordinances.
The Consultant shall designate on the work site(s) a qualified accessible supervisor(s) or project
manager. At least one accessible and designated supervisor in the area of operation shall have full
authority to act on behalf of the consultant and its subcontractors and all communications given to the
supervisor in writing by the County's authorized representative shall be as binding as if given to the
selected firm.
1. Provide general program management services with regards to debris collection and disposal activities
within the County;
2. Provide contract monitoring services related to managing the activities of the County's debris
contractor(s), including but not limited to:
- monitor contractor activity to confirm compliance with FEMA and FHWA requirements and all state
statutes and local ordinances;
- ensure proper equipment is mobilized and used, and ensure proper loading techniques are utilized;
- monitor debris site management for proper segregation of debris, adherence to site permit
requirements;
- ensure adherence to safety procedures
- monitor Temporary Debris Storage and Reduction (TDSR) site set -up and restoration;
- measure and certify truck capacities and retain records of each vehicle as required by FEMA;
- Investigate, document and resolve property damage complaints from the public;
- Conduct end of day duties, such as veriftying all trucks have left the disposal site, addressing daily
safety reports and corrective action recommendations, and locking down of the facility.
3. Provide debris collection and disposal site monitoring services in accordance with FEMA
requirements, including but not limited to:
- monitor curbside collection activities to ensure debris eligibility (type and location of collection), provide
accurate load tickets with all required information, document damage to property by contractor;
- monitor TDSR sites to ensure entry by certified trucks only; provide accurate determination and
documentation of debris quantities for debris brought into site and reduced debris leaving the site for
final disposal.
- monitor and document trucks entering landfill /final disposal sites to confirm and document quantities
brought to final disposal.
- Survey the affected areas for special situations or emergency needs, including but not limited to,
identifying tree stumps and the management of root balls and associated cavities, hazardous trees,
construction and demolition (C &D) debris, or other potentially hazardous situations. The consultant will
document locations, track and coordinate the appropriate dispatch of equipment and make frequent
reports to the County on any post -event remedial action.
4. Provide data management of all collection and disposal tickets;
5. Provide the County with daily operating reports that include, at a minimum, areas of the county where
collection has occurred, number of crews working, quantities of debris by type collected from curbside;
debris quantities accepted at or shipped from each TDSR site, debris quantities shipped to recycling
centers or final disposal site and details of damage complaints and any operational /safety issues;
6. Review and approve contractor invoices submitted to the County
7. Respond to questions regarding operations and documentation, as needed, during FEMA review and
close out processes.
8. Consultant will initiate contact /coordination with County Project Manager in advance of an event and if
requested by County, Consultant Project Manager will report to County EOC 24 hours prior to an
event.
Within 24 hours of receipt of written notice to proceed from the County, Consultant Project Manager
and personnel will report to designated County Project Manager to commence operations.
Consultant will provide sufficient personnel to provide adequate monitoring to meet Debris
Contractor's minimum requirements within specified time frame as outlined below:
Debris Collection /Removal from county roads
Within 24 hours of notification by County, Contractor personnel will establish presence in
County and prepare a minimum of four temporary debris sites for the following levels of response
for debris collection:
Tropical Storm or Category 1 Hurricane 50 trucks (incl. personnel and loading equipment)
Category 2 or 3 Hurricane 150 trucks
Category 4 or 5 Hurricane 200 trucks
33% of minimum equipment requirement must be present and working within 72 hours
66% of minimum equipment requirement must be present and working within 120 hours
100% of minimum equipment requirement must be present and working within 180 hours
The response levels indicated above represent the minimum required; as needed,
Contractor will be required to increase response levels to effectively respond to a specific event
as debris operations proceed.
Staffing requirements needed to address the Debris Contractor's minimum initial response above
reflect a minimum response. The Debris Monitoring Consultant must be prepared to supply staff
to adequately monitor Contractor operations as operations proceed.
Additional Services
The following services will be provided upon authorization by the County:
a. Providing technical and permitting assistance associated with the need to locate additional TDSR sites
when requested by the County.
b. Collecting baseline data, per local, state and federal requirements, from the designated emergency
debris management sites prior to opening these sites.
c. Assisting the County with obtaining necessary local, state and federal permits for the designated
emergency debris management sites.
d. Conducting ongoing environmental data collection per local, state and federal requirements for the
designated emergency debris management sites.
e. Providing technical, clerical, and information technology assistance to the County for completing any
and all forms necessary for reimbursement from State or Federal agencies, including the Federal
Emergency Management Agency Department of Homeland Security, the State of Florida and the Federal
Highway Administration or the Department of Housing and Urban Development (HUD) relating to eligible
costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely
completion and submittal of reimbursement requests, and preparing replies to any and all agency
requests, inquiries or potential denials.
ATTACHMENT B
HOURLY RATES AND POSITIONS
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To the extent that Monroe County (County) requests Tetra Tech's assistance, the following positions and hourly
rates shall apply.
Bi linglinvoicing Manager
The Billing/Invoice Analyst works with the Data Manager to ensure the entering, tabulating, and organization of
collection and disposal data into FEMA-required formats. The Billing/Invoice Analyst develops regular updates $45.
on the quantities and types of debris collected. The Billing/Invoice Analyst provides quality assurance and
control processes for the review and verification of field and debris contractor-provided data in support of
invoices.
❑ TETRA TECH 6 ®1
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