Item C30 C.30
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C.30
Agenda Item Summary #5417
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Approval to advertise an RFP for various standby contracts to
provide emergency services in times of hurricane or other disasters.
ITEM BACKGROUND: In order to facilitate rapid and effective response and recovery related to
hurricanes or other events, as well as to expedite any potential financial reimbursements, Monroe
County is seeking to have in place various contracts for needed goods and services, and to ensure
these are procured in accordance with all county, state, and federal purchasing guidelines and
requirements.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Recommend Approval.
DOCUMENTATION:
draft 2019 RFP EM STBY Services Monroe County Version 2
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: TBD
Total Cost to County: TBD
Current Year Portion:
Budgeted:
Source of Funds: TBD
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CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
TBD
REVIEWED BY:
Martin Senterfitt Skipped 04/02/2019 8:53 AM
James Callahan Completed 04/02/2019 9:33 AM
Cynthia Hall Completed 04/02/2019 10:13 AM
Pedro Mercado Completed 04/02/2019 10:26 AM
Budget and Finance Completed 04/02/2019 11:40 AM
Maria Slavik Completed 04/02/2019 12:09 PM
Kathy Peters Completed 04/02/2019 12:20 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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as
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR E
EMERGENCY STANDBY SERVICES
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BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy, District 5
Mayor Pro Tem, Danny Kolhage, District 1
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
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COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT
Kevin Madok, CPA CL
DEPARTMENT
Emergency management
Due Date: May 2( 2019 / 3:00 p.m. E
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TABLE OF CONTENTS
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SECTION ONE LEGAL NOTICE— Request for Competitive Solicitation
SECTION TWO GENERAL INFORMATION
SECTION THREE INSTRUCTIONS TO PROPOSERS
SECTION FOUR COUNTY FORMS AND INSURANCE FORMS
A. Response Form s
B. Lobbying and Conflict of Interest Form
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C. Non-Collusion Affidavit
D. Drug-Free Workplace Form
E. Public Entity Form
F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement
SECTION FIVE DRAFT AGREEMENT
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SECTION ONE: LEGAL NOTICE — REQUEST FOR COMPETITIVE SOLICITATION ......................................3
SECTION TWO: GENERAL INFORMATION.....................................................................................................4
SECTION THREE: INSTRUCTIONS TO PROPOSERS....................................................................................6
SECTION FOUR: COUNTY FORMS AND INSURANCE FORMS................................................................. 14
SECTION FIVE: DRAFT AGREEMENT.........................................................................................................21
APPENDIX A: SCOPE OF SERVICES............................................................................................................33
SECTION ONE: LEGAL NOTICE— REQUEST FOR COMPETITIVE SOLICITATION
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on May 201h, 2019 / 3:00p.m., the Monroe County Purchasing °
Office will receive and open sealed responses for the following:
EMERGENCY STANDBY SERVICES
MONROE COUNTY, FLORIDA
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Pursuant to F.S. § 50.0211(3((a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements
for submission and the selection criteria may be requested from DemandStar by Onvia at
www.demandstar.com OR www. o roecou tat i s.co or call toll-free at 1-800-711-1712. The Public °9
Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton
Street, Room 2-213, Key West, Florida.
All responses must be sealed and must be submitted to the Monroe County Purchasing Office. 0
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Publication Dates 2
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Citizen: Saturday, April 201h, 2019 it
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SECTION TWO: GENERAL INFORMATION
1. Objective of the Request for Proposals (RFP).
Monroe County invites proposals from qualified respondents to be included on the list of approved vendors for
emergency standby services to support the County's efforts in responding to future declared disasters and any
emergency work needed by the County. The County does not guarantee quantity of services or usage of "0
vendors selected. Services from approved vendors will completely be dependent upon the needs of
the County. 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
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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.
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General Requirements for Respondents
Respondents interested in performing these services must exhibit considerable relevant experience and
demonstrated capabilities to perform. Respondents who submit a proposal must commit to providing the
services in the aftermath of a storm or other emergency.
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The following are the minimum qualifications:
(a) The Respondent must have a history of providing emergency standby services/emergency work at
for government facilities;
(b) The Respondent must have minimum insurance coverages as outlined below;
(c) The Respondent shall be able to demonstrate the availability of adequate resources to fulfill the °2
responsibilities aforementioned;
(d) If the Respondent will use subcontractors to provide the goods or perform the services, the
Respondent shall indicate this in its Proposal, and shall provide the County with a list of subcontractors
it plans to use;
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(d) The Respondent must be qualified and in good standing with the Secretary of State to conduct
business in the State of Florida, if selected;
(e) Other requirements are specified below.
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2. Background Information it
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.
a.
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
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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.
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The County's emergency management operations are directed by the Emergency management department.
The website for the County's Emergency Management department is here:
htts�://monroecount�em.corm/index.asr�x?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=l.
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SECTION THREE: INSTRUCTIONS TO PROPOSERS
1. Scope of Services
Emergency standby services are essential services required immediately before, during, or immediately after
an emergency or disaster. Please refer to APPENDIX A for a list of services desired.
2. Required Qualifications
Respondents must indicate all statutorily prescribed requirements are met prior to submission of any proposal.
Respondents must also hold or obtain all licenses and/or certificates as required by federal, state, and local
laws in order to bid and perform the work specified herein.
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3. Proposer's Understanding
Each Proposer must understand the conditions relating to the execution of the work and be thoroughly familiar
with all Contract Documents. Failure to do so will not relieve the successful Proposer of any obligation to enter T
into a Contract and complete the contemplated work in strict accordance with the Contract Documents.
Each proposer must understand all 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. The Proposer awarded a Contract shall comply with all federal, state, and local laws, statutes,
and ordinances relative to the execution of the work.
4. Attachments
Proposer shall complete and submit the following forms (located in Section Four) with the proposal:
A. Response Form U
B. Lobbying and Conflict of Interest Form
C. Non-Collusion Affidavit
D. Drug-Free Workplace Form
E. Public Entity Form U)
F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement 0
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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. a.
6. Requests for Additional Information or Clarification
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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:
Jeff Manning 0
Monroe County Emergency Management
49063 d St. Suite 150
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Marathon, FL 33050
Fax: 305-289-6333
Manning-jeff@monroecounty-fl.gov
All requests for additional information must be received no later than May 91h, 2019. 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 May 101h, 2019. All
questions must be submitted in writing. Oral requests will not be answered.
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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.
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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 Standby Services" to
Monroe County Purchasing Department, Room 2-213, Gato Building, 1100 Simonton St., Key West FL 33040,
by no later than May 20th, 2019. Proposals may be delivered in person, by U.S. mail or overnight mail. Please 8
be aware of the fact that "overnight" mail to the Florida Keys often takes more 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
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A cover page that states "PROPOSAL FOR EMERGENCY STANDBY SERVICES" must be included. The
cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's 20
contact person(s). U)
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B. Tabbed Sections.
The proposal must include the following tabbed sections: cas
Tab 1. Executive Summary a.
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
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The Proposer shall provide a project history of the firm or organization demonstrating experience with projects 70
that are similar in scope and size. The Proposer shall also provide a list of representative past projects over .2
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
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The Proposer shall describe the approach and methodology it will use to accomplish the work defined herein a.
(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.
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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. cv
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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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Tab 5. Cost/Fee Proposal.
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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 U)
shall be itemized at the bottom.
Tab 6. Litigation, References, and Financial Information (n
In accordance with Section 2-347(h) of the Monroe County Code, under this tab, the Proposer must provide (n
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 0
specifications (include a list of similar projects);
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(4) The number of years the person or entity has operated under its present name and any 70
prior names;
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(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, 00.
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner, principal, controlling shareholder or major creditor of any other entity
that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation; ag
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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 0
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h. Financial statements for the prior three years for the responding entity or for any
entity that is a subsidiary to the responding entity.
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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. cis
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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 cv
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
Request for Waiver of Insurance Requirements E
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All Proposals received as a result of this RFP are subject to Chapter 119, Florida Statutes and will be made 70
available for inspection by any person in accordance with Florida Statutes. Any Proposer asserting that any .2
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 blockinq the production of the
material. If court order is not issued during that time to block the production, the material will be produced.
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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.
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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.
9. Modification or Withdrawal of Proposals >
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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
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A Selection Committee will be convened to review and rank the Proposals. The Proposals will be evaluated
based on the following criteria.
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Cost of services/fee proposal 35 points 0
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
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Total 100 points
The recommendation of the Selection Committee will be 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
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The County will accept one of the Proposals or will act in accordance with the following paragraphs. The 70
acceptance of the Proposal will be by written Notice of Award, mailed to the office designated in the Proposal, .2
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 County 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
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A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation
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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.
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B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit Proposals on leases or
perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, 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
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C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to .2
this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her 0
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.
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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 U)
proposal. 0
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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
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are the responsibility of the Proposer.
14. Responsibility for Response
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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.
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15. Certificate of Insurance
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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 Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $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 $1,000,000 CSL
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Professional Liability $1,000,000 per Occurrence
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$2,000,000 Aggregate
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16. Indemnification 0
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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 w.
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 5
or maintain the required insurance, the Proposer/Vendor shall indemnify the County from any and all increased
expenses resulting from such delay.
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The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification .2
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:
http://www.dms.myflorida.com/agency administration/office of supplier diversity osd
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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.
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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 cv
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 (n
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 ❑ a.
• 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:
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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.
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Mailing Address: Telephone:
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Fax: Date
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Signed: Witness: U)
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(Print Name)
(Title)
STATE OF:
COUNTY OF:
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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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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
4-
"...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 T
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."
0
0
(Signature)
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Date:
E
STATE OF:
COUNTY OF:
0
Subscribed and sworn to (or affirmed) before me on
0
(date) by (name of affiant). He/She is personally known to
U)
me or has produced (type of identification) as identification a0
NOTARY PUBLIC
My Commission Expires:
a.
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NON-COLLUSION AFFIDAVIT
a
I, of the county of according to law on my oath, and >0
under penalty of perjury, depose and say that
1.1 am of the firm of
the bidder making the Proposal for the project
described in the Request for Proposals for and that I E
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;
0
3.Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly a.
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.
0
(Signature)
Date:
STATE OF:
a�
COUNTY OF: >
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally known to me or has
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produced (type of identification) as identification.
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0
NOTARY PUBLIC
My Commission Expires:
a.
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DRUG-FREE WORKPLACE FORM
a
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 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 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 a
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. 0.
0.
As the person authorized to sign the statement, I certify that this firm complies fully with the above cv
requirements.
.2
(Signature) >
Date:
STATE OF: U
COUNTY OF: 0
0
Subscribed and sworn to (or affirmed) before me on (date) by
0
(name of affiant). He/She is personally known to me or has produced U)
(type of identification) as identification. 0
NOTARY PUBLIC cas
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a.
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0
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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."
1 have read the above and state that neither (Proposer's name) nor any Affiliate
has been placed on the convicted vendor list within the last 36 months.
a.
(Signature)
Date:
STATE OF:
0
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on N
(date) by (name of affiant). He/She is personally known to me or has
produced (type of identification) as identification.
0
U
NOTARY PUBLIC
My Commission Expires:
0
U)
0
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a.
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Request For Waiver of Insurance Requirements (if applicable)
a�
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:
2
0
a.
Phone:
Scope of Work:
0
Reason for Waiver:
0
Policies Waiver
will apply to:
a�
Signature of Respondent: >
Approved Not Approved
0
Risk Management:
0
Date:
County Administrator appeal: U)
Approved Not Approved
Date:
CO
Board of County Commissioners appeal:
Approved Not Approved IL
Meeting Date:
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Respondent SIGNATURE
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SECTION FIVE: DRAFT AGREEMENT
a�
The successful vendor will be expected to enter into an agreement substantially in the following form:
MONROE COUNTY
CONTRACT FOR EMERGENCY STANDBY 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
2
Section 1. SCOPE OF SERVICES
a.
CONTRACTOR shall do, perform, and carry out in a professional and proper manner certain duties as
described in the Scope of Services —APPENDIX 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 2
Agreement specifically requires that the employees, subcontractors and independent contractors shall not be Ew
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
r_
0
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. 0
a
Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the 1st day of 2018 and will conclude
on the day of 2023 (5 year term).
Section 4. PAYMENT TO CONTRACTORa.
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 .2
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.
2
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
a.
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.
0
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 .2
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 o
reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request.
0
Section 7. NOTICES
U)
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, 0
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
To the COUNTY: Roman Gastesi, Monroe County Administrator
1100 Simonton St.
Key West, Florida 33040
a.
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 s
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
a.
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
0.
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: �s
0
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 w
of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that °
it
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 cv
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 'D
that is compatible with the information technology systems of Monroe County.
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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 (305) 292-3470, r I -
ri o ro co y- la ov, c/o Monroe County Attorney's Office, 1111 12" St., Suite OE
408, Key West FL 33040.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990
2
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 0
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
0
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 0.
of this Agreement and recovery of all monies paid hereto and may result in debarment from County's
N
competitive procurement activities.
E
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 U
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 0
it
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 cv
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 .2
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 a
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. a.
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. 0.
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. �s
0
Section 17. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formation, Wo
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 0
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 a.
During the performance of this Agreement, the CONTRACTOR agrees as follows:
N
(1) The contractor will not discriminate against any employee or applicant for employment because of race, M
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 70
training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees .2
and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of >0
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 2
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 T
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.
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(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 0
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
0
(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 U)
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
a.
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 70
not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized .2
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 2
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
a.
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 N
r_
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the .2
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.
�s
Section 24. PRIVILEGES AND IMMUNITIES
0
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions U)
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
a.
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 0
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
Section 27. ATTESTATIONS
2
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but
a.
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.
0
Section 29. EXECUTION IN COUNTERPARTS N
r_
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an 0
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. U)
Section 31. INSURANCE POLICIES it
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 w.
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 70
perform assessments shall be imposed as if the work commenced on the specified date and time, except for .2
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.
2
0
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.
0
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.
a�
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
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(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 U)
award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance .2
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.
a.
Worker's Compensation
Minimum acceptable limits
Workers' Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
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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 $1,000,000 CSL
Professional Liability $1,000,000 per Occurrence
a.
$2,000,000 Aggregate
Section 32. INDEMNIFICATION, DEFEND, HOLD HARMLESS
A
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 0
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 U)
statutes, ordinances, rules and regulations applicable to the services to be provided. 0
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The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, (n
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
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 5
made between the parties.
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Section 33. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200
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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 "0
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
a.
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 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 U)
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 government wide 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
a.
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.
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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 5
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
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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 °2
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. cis
2
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I. No Obligation by Federal Government. The federal government is not a party to this contract and is not a.
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
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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.
0
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 by
Deputy Clerk Mayor/Chairman
0
0
(CORPORATE SEAL) (Name of Contractor)
ATTEST: 0
By by
Title:
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APPENDIX A: SCOPE OF SERVICES
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The vendor will be expected to provide the minimum services identified below.
1. Scope of Services
The County seeks the emergency standby services as follows immediately before, during, or immediately after
an emergency or declared disaster. Such services shall be fully installed and/or ready to provide the
contracted service within 72 hours after release order.
A. Base Camp Facilities
a.
The Contractor shall provide billeting using climate-controlled facilities, which include floors, doors, lights,
sleeping cots and fire extinguishers in accordance with ANSI Z.4.4, NFPA 102, CH 7,8 and 9 and NFPA 101.
Such billeting shall be fully installed and ready for occupancy within 72 hours after release order. Changes to
accommodate increases or decreases in camp population shall be completed within 24 days after notice A
provided by the (POC for Emergency Contracting). Base camp facility pricing should be provided as follows:
1) Mobilization Charge as a standalone price
2) A seven (7) Day Weekly Operations Charge
3) Cost per person/per day based on the seven (7) Day Weekly Operations Charge
4) demobilization charge as a standalone price.
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B. Lodging/Hotel Accommodations
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The Contractor to provide all labor, materials, equipment, tools and operations necessary for providing hotel
lodging within Monroe County, Florida for immediately before, during, and after an emergency or declared
disaster. The Contractor shall provide adequate sleeping rooms with the normal hotel accommodation
amenities.
C. Emergency Medical Transportation Services
The Contractor shall provide ambulance services for the County 24 hours per day immediately before, during,
0
and immediately after an emergency or declared disaster. The ambulance services must be capable of
providing basic and advanced life support, work cooperatively with County emergency personnel and U)
communication systems, and provide excellent service to patients receiving medical care. 0
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D. Restroom Facilities
The Contractor will provide sufficient restroom facilities in a manner that provides adequate health and safety
as provided by ANSI Z4.3 and Z4.4. The Contractor must have the minimum capability to provide at least five
hundred (500) ports-lets and one hundred (100) hand sanitizing stations.
a.
Portable Restrooms Specifications - self-contained for 100% of the NIMS camp mobilization (ratio of at least 1
toilet to 10 persons,) in accordance with ANSI Z4.3 and Z4.4. Augmented by Porta-lets in parking and auxiliary
areas. Hand sanitization stations (sinks) ratio of one per 10 persons near restrooms, PLUS 6 per entry to
dining halls. Servicing shall be daily for all restrooms and hand wash stations.
Porta-Trailer Restrooms Specifications - self-contained for 100% of the NIMS camp mobilization (ratio of at
least 1 toilet to 20 persons, or 1 toilet and 1 urinal per 25 males) in accordance with ANSI Z4.3 and Z4.4.
Augmented by Porta-lets in parking and auxiliary areas. Hand sanitization stations (sinks) ratio of one per 10
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persons in restrooms, PLUS 6 per entry to dining halls. Servicing shall be daily for all restrooms and hand
wash stations.
Male/Female Segregation —Assume sixty-percent (60%) male and forty-percent (40%) female. The ratio may
be adjusted by the XXXBase Camp Coordinator on a base camp by base camp basis.
E. Plumbing Repairs and New Installations
The Contractor shall provide regular service between the hours of 7:00 a.m. and 5:00 p.m. Monday through
Friday. The Contractor shall supply the County with a 24-hour contact number for scheduling of routine
repairs/new installation and emergency repairs.
2
Priority1 (Emergency Repair) The Count will call for an emergency repair. The Contractor shall be on-site
a.
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and effecting repairs in two (2) hours or less.
Priority 2 (On-Call Repair) - The County will call for a non-emergency repair. The Contractor shall be on-site
and repairs begun within twenty-four (24) hours of the initial call being placed.
Priority 3 (Regular Repair) - The County will call for a non-emergency repair. The Contractor will begin the
repair within ten (10) calendar days of the initial call, unless extended by the County. This is for repairs that do
not require emergency attention.
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F. Security
The Contractor will provide full perimeter fencing with unarmed security personnel at all gates plus at least 2
roaming guards in accordance with base camp size - 24-hours per day. Security personnel may be contracted
under the supervision of sworn law enforcement. In the event the County does not require security personnel,
the Contractor should provide a temporary chain link fence at the minimum of 6' if site is unsecured and
without gates. The Contractor must have the minimum capability to provide security for at least three (3) base
camps, ten (10) points of distribution locations, and ten (10) shelters.
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G. Emergency Construction Services
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The Contractor shall provide, but is not limited to, project management, consulting, fixed-cost estimates,
complete interior and exterior renovations such as painting, carpentry, floor covering (carpet, tile, VCT, U)
laminate, etc.), finished hardwood, and drywall, demolition and site cleanup, engineering, roofing, complete 0
interior and exterior renovations, electrical, plumbing and HVAC and any other emergency construction
services offered by the Contractor.
H. Environmental Services
The Contractor shall be responsible for conducting remediation services such as but not limited to fire, smoke, w.
storm, water, and mold damage. The Contractor shall be responsible for abatement and remediation for
asbestos, lead-based paint, microbial, mold, and other hazardous materials, which may affect an individual's
health/air quality. The Contractor will be responsible for emergency removal, clean up, and/or disposal of
friable and non-friable asbestos-containing material and material contaminated with asbestos including
disposable equipment and clothing. Other environmental response services may include but are not limited to,
building/contents restoration, drying and dehumidification, and duct cleaning.
The Contractor shall be responsible for remediation services to include, but not limited to, such items as drying,
containment, decontamination, removal, treatment, transportation, disposal, stabilization of building structures,
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finishes and/or other impacted properties, and/or restoration of buildings/structures. The Contractor shall
provide for the emergency identification, characterization, removal, and disposal of any hazardous substances °2
and/or pollutants including but not limited to: hazardous materials, hazardous wastes, emissions, and/or
discharges. The Contractor shall provide emergency response services to abate asbestos that may pose an
imminent threat to personnel and/or may cause an environmental danger.
• Flooring/Carpet Cleaning Services
• Debris Management
• Hazardous Material Clean-Up
• Debris Removal
• Decontamination Services
• Glazing Replacement (auto, building, and specialty)
• Dining facility/catering a.
• Janitorial services
• Waste Pick-up
• Bus Services
• Miscellaneous Emergency Response Equipment or Services
• Water Testing
• Mold/Mildew Inspection/Testing
Mold Remediation
• Flood Control
• Roof Repair
• HVAC Services
• Electrical Services
• Elevator Service/Repair
• Program Management
• Manpower for Temporary Services
• Tree/Stump Removal
• Painting
• Roofing/Ceiling Materials
• Air Quality Testing
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