Item S02C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: S.2
Agenda Item Summary #4347
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Shannon Weiner (305) 289 -6012
N/A
AGENDA ITEM WORDING: Approval to advertise a request for proposals (RFP) for Emergency
Management Consulting Services
ITEM BACKGROUND: Monroe County desires the services of a consulting firm to assist the
County with emergency management consulting services that may include, but not be limited to
the following: emergency management and disaster recovery services, continuity of operations
(COOP) and continuity of government (COG) planning, all hazard training, planning and
preparedness, incident management support teams, technical, administrative and training
support to assist the County with damage assessment and disaster recovery project estimation.
The services must comply with the requirements of FEMA, the State of Florida, and any other
applicable laws and regulations.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2018 RFP EM Consulting Services Monroe County
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
To be determined
REVIEWED BY:
Martin Senterfitt
Completed
06/11/2018 10:14 AM
James Callahan
Completed
06/11/2018 10:21 AM
Cynthia Hall
Completed
06/11/2018 10:39 AM
Budget and Finance
Completed
06/12/2018 8:11 AM
Maria Slavik
Completed
06/12/2018 11:59 AM
Kathy Peters
Completed
06/12/2018 12:57 PM
Board of County Commissioners
Pending
06/20/2018 9:00 AM
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
EMERGENCY MANAGEMENT CONSULTING SERVICES
BOARD OF COUNTY COMMISSIONERS
Mayor, David Rice, District 4
Mayor Pro Tem, Sylvia Murphy, District 5
George Neugent, District 2
Heather Carruthers, District 3
Danny Kolhage, District 1
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT EMERGENCY MANAGEMENT
Kevin Madok, CPA DEPARTMENT
Due Date: August 1, 2018, 3:00 p.m.
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TABLE OF CONTENTS
SECTION ONE
SECTION TWO
SECTION THREE
SECTION FOUR
A.
B.
C.
D.
E.
F.
SECTION FIVE
LEGAL NOTICE — Request for Competitive Solicitation
GENERAL INFORMATION
INSTRUCTIONS TO PROPOSERS
COUNTY FORMS AND INSURANCE FORMS
Response Form
Lobbying and Conflict of Interest Form
Non - Collusion Affidavit
Drug -Free Workplace Form
Public Entity Form
Respondent's Insurance and Indemnification,
DRAFT AGREEMENT
with Insurance Agent's Statement
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SECTION ONE: LEGAL NOTICE — REQUEST FOR COMPETITIVE SOLICITATION
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on August 1, 2018, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
EMERGENCY MANAGEMENT CONSULTING SERVICES
MONROE COUNTY, FLORIDA
All responses must be sealed and must be submitted to the Monroe County Purchasing Office
Publication Dates
Citizen: Sat., 06/30/18
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Monroe County desires the services of a consulting firm to assist the County with emergency management
consulting services that may include, but not be limited to the following: emergency management and disaster
recovery services, continuity of operations (COOP) and continuity of government (COG) planning, all hazard
training, planning and preparedness, incident management support teams, technical, administrative and
training support to assist the County with damage assessment and disaster recovery project estimation. The
services must comply with the requirements of FEMA, the State of Florida, and any other applicable laws and
regulations.
Applicability of the Public Records Act and Sunshine Law
All submittals and supplemental information obtained in response to this RFP are subject to the Florida Public
Records Act and Sunshine Law and will be made available after the agency provides notice of a decision or
intended decision or within 30 days after bid or proposal opening, whichever is earlier, upon request by any
person or firm.
General Requirements for the Consultants
Consultants interested in performing these services must exhibit considerable relevant experience with this
type of work, and should emphasize both the experience and capability of the specific personnel who will
actually perform the work.
2. Background Information
Monroe County is a non - charter county and a political subdivision of the State of Florida. The County
population is approximately 77,000. The Board of County Commissioners is the governing body and has all
the powers and authorities under Chapter 125 and Chapter 252.
Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a
portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching
from Key West, only 90 miles from Cuba, up to the mainland. In addition to the unincorporated county, there
are five municipalities in the Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada.
Further information about the demographics of the County can be found here: http://www.monroecounty-
fl.gov/index.aspx?NID=27 .
Approximately one -third of the population is situated in the County of Key West, which is the county seat;
however, the County offers services throughout the Keys, and has government buildings throughout the Lower
Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and
Key Largo) in addition to Key West, with employees stationed in all locations.
The County's emergency management operations are directed by the Emergency management department.
The website for the County's Emergency Management department is here:
http: / /monroecountyem.com /index.aspx ?NID =1
Monroe County follows the National Incident Management System (NIMS) and Incident Command System
(ICS). A copy of the County's Comprehensive Emergency Management Plan, adopted by the Board of County
Commissioners and approved by the State of Florida Division of Emergency Management in accordance with
Rule 27P- 6.0023 of the Florida Administrative Code, is available here:
http: / /monroecountyem.com /index.aspx ?NID =1
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SECTION THREE: INSTRUCTIONS TO PROPOSERS
Scope of Services
Emergency management consultant services to be provided may include, but not be limited to the following:
emergency management and disaster recovery services, continuity of operations (COOP) and continuity of
government (COG) planning, all hazard training, planning and preparedness, incident management support
teams, technical, administrative and training support to assist the County with damage assessment, disaster
recovery project estimation, project worksheet (PW) development, grant management, appeals, FEMA force
account and small and large project document assembly, and federal procurement requirements review, etc.
The Scope of Services may include any or all of the following:
a) All Hazard Planning and Training:
In coordination with County staff, identify training needs and develop a training program to prepare
personnel for emergencies including but not limited to emergency planning and preparedness, position
specific ICS (incident command system) and EOC (emergency operations center) functions and
recovery operations.
b) Incident Management/EOC Support Team Services:
These services will allow the County to maintain continuity of government and continuity of operations
while effectively managing the incident/disaster. When requested, the Consultant will provide staff
support in the way of:
• Emergency Support Function (ESFs) positions
• Operations, Planning, Logistics, and Finance - Section Chiefs, Branch Directors &
Division /Group Supervisors and Unit Leaders
• Recovery - Short -term recovery operations support
2. Required Qualifications
The prospective Proposers must meet the statutorily prescribed requirements before award of Contract by the
County. Proposers must also hold or obtain all licenses and /or certificates as required by State and Local
Statutes in order to bid and perform the work specified herein.
3. Proposer's Understanding
Each Proposer must inform himself of the conditions relating to the execution of the work and make himself
thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Proposer of
his obligation to enter into a Contract and complete the contemplated work in strict accordance with the
Contract Documents.
Each proposer shall inform himself of, and the Proposer awarded a Contract shall comply with federal, state,
and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is
not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of
labor, protection of public and employee safety and health, environmental protection, the protection of natural
resources, fire protection, permits, fees, and similar subjects.
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4. Attachments
Proposer shall complete and submit the following forms (located in Section Four) with the proposal
A. Response Form
B. Lobbying and Conflict of Interest Form
C. Non - Collusion Affidavit
D. Drug -Free Workplace Form
E. Public Entity Form
F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement
5. State and Local Sales and Use Taxes
Monroe County, as a political subdivision of the State of Florida, is statutorily exempt from all sales and use
taxes. Prices quoted in the Proposal shall be exclusive of all sales and use taxes.
6. Requests for Additional Information or Clarification
Requests for additional information or clarification relating to the specifications of this Request for Proposals
shall be submitted in writing via fax or e-mail only directly to:
Shannon Davis Weiner, FPEM
Deputy Director, Monroe County Emergency Management
490 63 St. Suite 150
Marathon, FL 33050
Fax: 305 - 289 -6333
Weiner - shannon @monroecounty - fl.gov
All requests for additional information must be received no later than 3:00 PM, on July 12, 2018 Any
requests received after that date and time will not be answered. All questions received prior to the deadline
will be answered to the best of the County's ability and will be distributed to all interested Proposers in the form
of an Addendum to this RFP. All Addenda will be posted on Demand Star on or before close of business on
July 19, 2018. All questions must be submitted in writing. Oral requests will not be answered
All addenda will become part of this RFP and each Proposer will be bound by such addenda. It is the
responsibility of each Proposer to verify that he /she has received all addenda issued before responses are
opened.
7. Submission of Proposals
To be considered, please submit three (3) originals and one (1) copy on electronic medium (thumb drive or
disk) of sealed proposals in one sealed envelope entitled "Proposal - Emergency Management Consulting
Services" to Monroe County Purchasing Department, Room 2 -213, Gato Building, 1100 Simonton St., Key
West FL 33040, by no later than 3:00 p.m. on August 1, 2018. Proposals may be delivered in person, by U.S.
mail or overnight mail. Please be aware of the fact that "overnight" mail to the Florida Keys often takes more
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than one day. Late submittals and facsimile or email submissions will not be considered. The respondent
shall bear all costs associated with the preparation and submission. Information submitted in response to this
RFP will become the property of the County and is subject to Florida public records law.
8. Format of Proposal
A. Cover Page
A cover page that states "PROPOSAL FOR EMERGENCY MANAGEMENT CONSULTING SERVICES" must
be included. The cover page should contain Proposer's name, address, telephone number, and the name of
the Proposer's contact person(s).
B. Tabbed Sections. The proposal must include the following tabbed sections:
Tab 1. Executive Summary
The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrate how the
firm will work with the County to fulfill the requirements of this Project. Describe the firm's methods of
providing Emergency Management Consulting Services consistent with FEMA regulations, rules, and
methods.
Tab 2. Past Performance on Similar Projects
The Proposer shall provide a project history of the firm or organization demonstrating experience with
projects that are similar in scope and size. The Proposer shall also provide a list of representative past
projects over the past five (5) years. For each, include the following:
• Name and full address of the referenced project client;
• Name and telephone number of client contact for referenced project;
• Date of initiation and completion of contract;
• Summary of the project and services.
Tab 3. Project Approach
The Proposer shall describe the approach and methodology it will use to accomplish the work defined
herein (described in Scope of Work above).
Tab 4. Staffing and Qualifications of Firm and Key Personnel
Proposer shall describe the composition and structure of the firm and include names of persons with an
interest in the firm.
Proposer shall include a list of the proposed staff that will perform the work required if awarded this
contract. An organizational chart and management plan should be included in this section. The
Proposer shall also include minimum qualifications for each class of employee of the project team and
identify his /her role on the team. Include in this section the location of the main office and the location of
the office proposed to work on this project.
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Proposer shall include in this section the number of disaster services contracts they currently hold in:
(1) south Florida; (2) the state of Florida; and (3) the southeast United States. Proposer shall provide
information of resources and capability to meet the needs of multiple contracts in the event of a major
event that impacts the region.
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Proposer shall provide a cost proposal, which shall list the employees required to meet the Scope of
Services and hourly rates for each of the employees. Any other fees, costs or expenses not included in
the hourly rates shall be itemized at the bottom.
Tab 6. Litigation, References, and Financial Information
In accordance with Section 2- 347(h) of the Monroe County Code, under this tab, the Proposer must
provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) Answers to the following questions regarding claims and suits
a. Has the person, principals, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to complete
work or provide the goods for which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity previously
owned, operated or directed by any of its officers, directors, or general partners? If yes,
provide details;
c. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within the last
five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract
for services, goods or construction services similar to those requested in the
specifications with private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners, partners, major shareholders or directors, ever
initiated litigation against the county or been sued by the county in connection with a
contract to provide services, goods or construction services? If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner, principal, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the request for
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competitive solicitation;
f. Customer references (minimum of three from governmental entities), including name,
current address and current telephone number;
g. Credit references (minimum of three), including name, current address and current
telephone number; and
h. Financial statements for the prior three years for the responding entity or for any
entity that is a subsidiary to the responding entity.
Tab 7. Other Information
Behind this tab, the Proposer may provide any additional information, not covered in other tabbed
sections, that provide further information regarding the Proposer's overall abilities.
Tab 8. Forms. Under this tab, include the following forms, found in Section Four of this RFP
• Submission Response Form
• Lobbying and Conflict of Interest Ethics Clause
• Non - Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Request for Waiver of Insurance Requirements
All Proposals received as a result of this RFP are subject to Chapter 119, Florida Statutes and will be
made available for inspection by any person in accordance with Florida Statutes. Any Proposer
asserting that any portion of its Proposal is confidential or exempt from disclosure under Florida's
public records laws must specifically identify the portions of the Proposal asserted to be confidential
and must provide specific citations of the Florida Statutes that establish the confidentiality or
exemption.
All material that is designated as exempt from Chapter 119 must be submitted in a separate
envelope, clearly identified as "PUBLIC RECORDS EXEMPT" with your name and the Proposal name
marked on the outside. If that material is requested throuqh a public records request, the County will
notify the Proposer of the request and give the Proposer five (5) calendar days to obtain a court order
blocking the production of the material. If court order is not issued during that time to block the
production, the material will be produced.
By your designation of material in your Proposal as "Public Records Exempt ", you agree to defend and
hold harmless the County from any claims, judgments, damages, costs, and attorney's fees and costs
of the challenger and for costs and attorney's fees incurred by the County by reason of any legal action
challenging your designation.
Please be advised that the designation of an item as exempt from disclosure as a Public Record may
impact the ability of the Evaluating Body to adequately assess a Proposal and may therefore affect the
ultimate award of the contract.
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9. Modification or Withdrawal of Proposals
Any RFP may be withdrawn at any time if withdrawn at least one (1) hour prior to the submission deadline
provided that the withdrawal is requested in writing, properly executed by the Proposer and received by Owner
prior to Proposal Opening. The withdrawal of a Proposal will not prejudice the right of a Proposer to file a new
Proposal prior to the time specified for Bid opening.
10. Evaluation Criteria
A Selection Committee will be convened to review and rank the Proposals. The Proposals will be evaluated
based on the following criteria.
Cost of services/ fee proposal 35 points
Experience on similar projects 20 points
Qualifications and Abilities of Professional 20 points
Personnel and Qualifications /Capabilities of
the Company /Key Principals
Client references for similar projects 25 points
Total 100 points
The recommendation of the Selection Committee will presented to the Board of County
Commissioners. Selection is contingent upon the negotiation of a mutually acceptable contract with the
highest ranked proposer (if unsuccessful, then with the second highest ranked proposer, etc.).
11. Award of Contract
The County will accept one of the Proposals or will act in accordance with the following paragraphs. The
acceptance of the Proposal will be by written Notice of Award, mailed to the office designated in the Proposal,
or delivered to the Proposer's representative. In the event of failure of the selected Proposer to sign a
proposed Contract and provide acceptable insurance certificate(s) and evidence of holding required licenses
and certificates, the Owner may award the Contract to the second ranked Proposer. The County reserves the
right to accept or reject any or all Proposals, and to waive any informalities and irregularities in said
Proposals.
The successful proposer will be expected to enter into a contract substantially similar to the draft agreement
attached to Section Five of this RFP.
12. Disqualification of Proposer
A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation
must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists
among the Proposers, the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list
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following a conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit Proposals on leases or
perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to
this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his /her
proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result
in immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF
INTEREST CLAUSE and submit it with his /her bid or proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification of the bid or
proposal.
13. Governing Laws and Regulations
The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and
local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the
work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County
are the responsibility of the Proposer.
14. Responsibility for Response
The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of
whether a contract award is made by the County.
15. Certificate of Insurance
The successful agent(s) shall be required to maintain the types and amounts of insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of contract, with Monroe County BOCC listed as additional insured for the liability coverages. If the
proper Certificates of Insurance are not received within the fifteen (15) day period, the contract may be
awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the
State of Florida and having an agent for service of process in the State of Florida. All insurance companies
shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while
Proposer is providing service to County.
Worker's Compensation -- Minimum acceptable limits
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Workers' Compensation
Employers' Liability Insurance
Bodily Injury by Accident
Bodily Injury by Disease, policy limits
Bodily Injury by Disease, each employee
Statutory Limits
$100,000
$500,000
$100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum acceptable limits
$1,000,000 CSL
Monroe County shall be named as an Additional Insured on the General Liability policy.
Vehicle Liability providing coverage for all owned, non -owned and hired vehicles
Minimum acceptable limits
Professional Liability
$1,000,000 CSL
$1,000,000 per Occurrence
$2,000,000 Aggregate
16. Indemnification
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined
below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including
death, personal injury, and property damage, including damage to property owned by Monroe County, and any
other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which
arise out of, in connection with, or by reason of services provided by the Proposer or any of its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its
Subcontractor(s), their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Proposer /Vendor's failure to purchase
or maintain the required insurance, the Proposer /Vendor shall indemnify the County from any and all increased
expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer 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.
17. Women, Minority -owned and veteran -owned business enterprises The County strongly encourages the
use of women -, minority- and veteran -owned business enterprises (SBEs) and wishes to see a minimum of
25% of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for
Florida registered SBEs at:
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1 111
Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to
use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must submit proof of
the registration or certification from the local authority in order to receive credit for the use of the SBE.
18. 2 CFR PART 200
The County anticipates that a portion of the funds used to pay for these services will come from federal
awards, as that term is defined in 2 Code of Federal Regulations (CFR) part 200. As such, the County will
require the successful proposer to enter into an agreement containing the provisions outlined in this RFP,
including the Sample Agreement. If for any reason the Sample Agreement is not used, the vendor will be
expected to enter into a similar agreement or rider containing the terms and conditions required by 2 CFR part
200, including Appendix II to 2 CFR part 200 (Contract Provisions for Non - Federal Entity Contracts under
Federal Awards).
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SECTION FOUR: COUNTY FORMS AND INSURANCE FORMS
[This page intentionally left blank, with forms to follow.]
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RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
❑I acknowledge receipt of Addenda No.(s)
I have included:
• Response Form ❑
• Lobbying and Conflict of Interest Clause ❑
• Non - Collusion Affidavit ❑
• Drug Free Workplace Form ❑
• Public Entity Crime Statement ❑
• Copy of business tax receipt from the Tax Collector's office ❑
❑ I have included a current copy of the following professional licenses and business tax receipts:
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.org
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity
Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida
Department of State, Division of Corporations.
Mailing Address
Signed:
Telephone: _
Fax: Date
Witness:
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
produced
. (name of affiant). He /She is personally known to me or has
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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ETHICS CLAUSE
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his /her behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in
its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
me or has produced
(name of affiant). He /She is personally known to
(type of identification) as identification
NOTARY PUBLIC
My Commission Expires:
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NON - COLLUSION AFFIDAVIT
I, of the county of
under penalty of perjury, depose and say that
1.1 am
described in the Request for Proposals for
executed the said proposal with full authority to do so;
2.The prices in this bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5.The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
(Signature)
STATE OF:
COUNTY OF:
according to law on my oath, and
of the firm of
the bidder making the Proposal for the project
and that I
Date:
Subscribed and sworn to (or affirmed) before me on
(date) by
produced
(name of affiant). He /She is personally known to me or has
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will
be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4.In the statement specified in subsection (1), notifies the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6.Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(Signature)
Date:
(date) by
(name of affiant). He /She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the above and state that neither
has been placed on the convicted vendor list within the last 36 months.
(Proposer's name) nor any Affiliate
(Signature)
STATE OF:
COUNTY OF:
Date:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He /She is personally known to me or has
produced
(type of identification) as identification
NOTARY PUBLIC
My Commission Expires:
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Request For Waiver of Insurance Requirements (if applicable)
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Respondent:
Contract for:
Address of Respondent
Phone:
Scope of Work:
Reason for Waiver
Policies Waiver
will apply to:
Signature of Respondent:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Respondent
SIGNATURE
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SECTION FOUR: DRAFT AGREEMENT
The successful vendor will be expected to enter into an agreement substantially in the following form.
MONROE COUNTY
CONTRACT FOR EMERGENCY MANAGEMENT CONSULTING SERVICES
THIS AGREEMENT is made and entered into this day of , by MONROE COUNTY ( "COUNTY "), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040
and ( "CONTRACTOR "), whose address is
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as
described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement.
CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR
shall at all times exercise independent, professional judgment and shall assume professional responsibility for
the services to be provided. Contractor shall provide services using the following standards, as a minimum
requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required
under the Agreement resulting from this RFP process.
B. To the extent that Contractor uses employees, subcontractors or independent contractors, this
Agreement specifically requires that the employees, subcontractors and independent contractors shall not be
an employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully qualified, and,
if required, to be authorized or permitted under State and local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon
2.2 The County will make payments as outlined in Section 4 of this Agreement.
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the 1 st day of 2018 and will conclude
on the day of , 2023 (5 year term).
Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections
218.70- 218.80, Florida Statutes. The Provider shall submit to the County an invoice with supporting
documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
Invoices shall be sent to the County's Emergency Management Department who will review the documents
and route them to appropriate County Staff for approval. Upon receiving all required approvals the invoice(s)
will be forwarded to the County Clerk's office for payment.
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4.2 This Agreement is contingent upon annual appropriation by Monroe County Board of County
Commissioners.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its obligations
under the Agreement. The CONTRACTOR may terminate this Agreement with ninety (90) days' notice to the
COUNTY. The COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to
the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP and its response, both of which
are made part of this Agreement by reference, and this Agreement and has made a determination that he /she
has the personnel, equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in
the specifications. All specifications have been read and carefully considered by CONTRACTOR, who
understands the same and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter.
C. The passing, approval, and /or acceptance by COUNTY of any of the services furnished by
CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this
Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may visit
CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S
normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses
and approvals required to conduct its business, and will at all times conduct its business activities in a
reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
To the COUNTY: Mr. Roman Gastesi, Monroe County Administrator
1100 Simonton St.
Key West, Florida 33040
To the CONTRACTOR:
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Section 8. 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.
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement and their authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records and auditing purposes during the term of the
agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the
State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law.
c. 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 public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of
the contractor or keep and maintain public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency 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 Monroe County, upon request from the public agency's custodian of records, in a format
that is compatible with the information technology systems of Monroe County.
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Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its
discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the
Public Entities Crime 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.
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 an Agreement with a public entity for the construction or repair of a public
building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
under Agreement 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 the Category Two for a period of 36
months from the date of being placed on the convicted vendor list.
Section 11. 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 Agreements 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, the COUNTY and CONTRACTOR agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
Section 12. 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
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enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non - prevailing
party. 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.
Section 14. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the
COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns.
Section 15. 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.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, 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 shall not be subject to
arbitration.
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formation,
execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to
the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
Section 18. 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
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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.
(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.
Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR 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.
Section 20. CODE OF ETHICS
The parties understand that officers and employees of the COUNTY are required to comply with the standards
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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.
Section 21. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
Section 22. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other 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 Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 23. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the
CONTRACTOR 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 Agreement entered into by the COUNTY be required
to contain any provision for waiver.
Section 24. 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.
Section 25. 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.
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Section 26. 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR
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.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but
not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement, Lobbying and Conflict of Interest Clause, and Non - Collusion Agreement.
Section 28. 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.
Section 29. 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.
Section 30. 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.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre- requisite of the work governed, the CONTRACTOR shall obtain, at his /her own expense, insurance
as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure
that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached
schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall
submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of
this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory
evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the
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required insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time, except for
the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced and /or
termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting
from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either
• Certificate of Insurance
or
A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies required
by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the
insurer.
The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation and Professional Liability.
31.2 Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
The Contractor shall be required to maintain the following types and amounts of insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance
forms are not received within the fifteen (15) day period, the contract may be terminated without any financial
obligations being imposed on the County. Policies shall be written by companies licensed to do business in
the State of Florida and having an agent for service of process in the State of Florida. All insurance companies
shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while
Contractor is providing service to County.
Worker's Compensation
Minimum acceptable limits
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Workers' Compensation
Employers' Liability Insurance
Bodily Injury by Accident
Bodily Injury by Disease, policy limits
Bodily Injury by Disease, each employee
Statutory Limits
$100,000
$500,000
$100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum acceptable limits
$1,000,000 CSL
Vehicle Liability providing coverage for all owned, non -owned and hired vehicles
Minimum acceptable limits
Professional Liability
$1,000,000 CSL
$1,000,000 per Occurrence
$2,000,000 Aggregate
Section 32. INDEMNIFICATION, DEFEND, HOLD HARMLESS
The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless the COUNTY, its
Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the
Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions,
costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the
CONTRACTOR and shall be solely responsible for any and all accidents or injuries to persons or property
arising out of its performance of this contract. The amount and type of insurance coverage requirements set
forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph.
Further the CONTRACTOR agrees to defend and pay all legal costs of the COUNTY for claims or acts
attributable to the sole negligent act of the CONTRACTOR or any of CONTRACTOR's employees or
representatives.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants or agents to be
employees of the Board of County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local
statutes, ordinances, rules and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data,
and other documents prepared or compiled under its obligation for this project, and shall correct at its expense
all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of
additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not
apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other
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public or semi - public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or
hindrances attributable to the COUNTY during the progress of any portion of the services specified in this
contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time
for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be
made between the parties.
Section 33. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200
The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200,
as amended, including but not limited to:
A. 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).
B. 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.
C. 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.
D. Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
E. 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
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agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
F. 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.
G. Procurement of recovered materials as set forth in 2 CFR § 200.322.
H. 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 the U.S. Department of Homeland Security's E- Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
I. No Obligation by Federal Government. The federal government is not a party to this contract and is not
subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
J. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges
that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to this contract.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of
2018.
(SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, CPA, CLERK
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By
by
Mayor /Chairman
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(Name of Contractor)
by _
Title:
EXHIBIT A
SCOPE OF SERVICES
The vendor will be expected to provide the minimum services identified below.
Scope of Services
Emergency management consultant services to be provided may include, but not be limited to the following:
emergency management and disaster recovery services, continuity of operations (COOP) and continuity of
government (COG) planning, all hazard training, planning and preparedness, incident management support
teams, technical, administrative and training support to assist the County with damage assessment, disaster
recovery project estimation, project worksheet (PW) development, grant management, appeals, FEMA force
account and small and large project document assembly, and federal procurement requirements review, etc.
The Scope of Services may include any or all of the following:
a) All Hazard Planning and Training:
In coordination with County staff, identify training needs and develop a training program to prepare
personnel for emergencies including but not limited to emergency planning and preparedness, position
specific ICS (incident command system) and EOC (emergency operations center) functions and
recovery operations.
b) Incident Management/EOC Support Team Services:
These services will allow the County to maintain continuity of government and continuity of operations
while effectively managing the incident/disaster. When requested the Consultant will provide staff
support in the way of:
• Emergency Support Function (ESFs) positions
• Operations, Planning, Logistics, and Finance - Section Chiefs, Branch Directors &
Division /Group Supervisors and Unit Leaders
• Recovery - Short -term recovery operations support
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