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Item B1
B.1 G 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 May 8, 2019 Agenda Item Number: B.1 Agenda Item Summary #5521 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo (305) 292-4460 No AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for FEMA Consulting Services. ITEM BACKGROUND: Monroe County requires professional FEMA grant management services in the event of a declared disaster to maximize FEMA funding, ensure compliance with all federal and state requirements and expedite required processes. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners previously approved an on-call FEMA Grant Management agreement. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to Advertise DOCUMENTATION: Draft Request for Proposal for FEMA Consulting Services May 2019 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Packet Pg.4 B.1 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: None REVIEWED BY: Christine Limbert Completed 04/30/2019 4:38 PM Tina Boan Completed 04/30/2019 4:43 PM Maria Slavik Completed 04/30/2019 4:52 PM Kathy Peters Completed 04/30/2019 5:14 PM Board of County Commissioners Pending 05/08/2019 10:00 AM Packet Pg. 5 B.1.a MONROE COUNTY L 0 REQUEST FOR PROPOSALS FOR U) 0 CL FEMA Program CL Consulting Services 0 U) 44. Cr �f s _I I �✓" qb 2 3 l �" as sn -' y „ BOARD OF COUNTY COMMISSIONERS Mayor, Sylvia Murphy, District 5 0 Mayor Pro Tem, Danny Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 0 CL COUNTY ADMINISTRATOR Roman Gastesi Cr CLERK OF THE CIRCUIT COURT BUDGET AND FINANCE DIVISION Kevin Madok Grants Administration Department May 2019 E Packet Pg. 6 B.1.a NOTICE OF CALLING FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on 2019 (II II »IIIIIIIII'I� tll ,,'tatc at 100 I the Monroe County Purchasing Office will open sealed proposals for the following: U_ FEMA PROGRAMCONSULTING a SERVICES MONROE COUNTY, FL U) as Cr Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com ORwww.monroecountvbids.com or call toll-free at 1-800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, suite 1-213, Key West, FL 33040. Technical questions should be directed, in writing, to David P. Owens, Grants Administrator, The Gato Building, 1100 Simonton Street,'Suite 2-213, Key West, FL 33040 All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. as Publication Dates: KW Q[fli'mcuim date ""'IIII"IIII IIII Keys cclllkll Date III Illl llll t he aroiimeteir IIII)ate IIII IIII tllll't CL 0 L_ CL U) as Cr as as E Packet Pg. 7 B.1.a TABLE OF CONTENTS 5- NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS SECTION ONE - Instructions to Respondents & Scope of Work SECTION TWO - Draft Contract a 0 L- 1 . SECTION THREEE- County FormsCL 0 as Cr 0 as 0 04 as as L R 0 CL 0 L- CL L- as Cr as as E Packet Pg. 8 B.1.a SECTION ONE: INSTRUCTIONS TO RESPONDENTS 1. Objective of the Request for Proposals 5- The Respondent awarded a contract shall provide the Federal Emergency Management Agency (FEMA) Program Consulting Services described herein. These services include, but are not limited to: • General FEMA Program, including but not limited to the Public Assistance program, Sheltering and Temporary Essential Power (STEP) and Hazard Mitigation Grant Program COL (HMGB), grant management advice and assistance, • Assistance with development and ongoing activities with a team of County employees to manage the FEMA Public Assistance process, and other eligible FEMA programs as needed by the County • Assistance with preparation of correspondence to State of Florida and FEMAwhen aCr s required, • Advice as to eligibility of expenses, • Assistance in meeting deadlines imposed by FEMA and the State of Florida for tf documentation, appeals, completion of work, etc., • Review of current County policies and assistance with development and documentation of new County policies to ensure compliance with FEMA and State of Florida requirements and guidelines, • Assistance with hazard mitigation proposals, alternate projects, and improved projects to protect the County's interests, • Assistance with preparation of large and small project worksheets, so that scope of a work is accurate and comprehensive, estimates are accurate, expenses are eligible g and documented, and that projects are categorized as small or large in a manner as that ensures prompt and sufficient reimbursement to the County, • Assistance with dispute resolution and appeals, • Periodic reports to management as to status of FEMA Public Assistance process and progress and status and progress other FEMA programs that the County may become eligible for post disaster, • Assistance with project final inspections and audits, and • Other related activities as requested by the County. L_ 0 The FEMA Consulting Services must comply with the requirements of FEMA, the State of Florida, and any other applicable laws and regulations. 0 CL 0 2. Background Information CL L_ 0 Monroe County ("County") is a non-chartered county established under the Constitution and the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent. The population of the County is estimated at approximately 77,000. aCr s The Board of County Commissioners, constituted as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money and to generally exercise the powers of a public authority organized and existing for the purpose of as providing community services to citizens within its territorial boundaries. In order to carry out this function, the County is empowered to levy taxes to pay the cost of operations. 4 Packet Pg. 9 B.1.a The County seeks to protect its interests in the event of a disaster by securing the services of a qualified provider of FEMA consulting services, including but not limited to consulting service for FEMA programs as outlined above. 3. Evaluation Criteria 0 Each proposal will be reviewed and consideration will be given to each of the following criteria: • Ability to provide services listed. • Experience with similar projects. • Qualifications of staff. U) • Total cost. CL 0 4. Content of Submission U) as The proposal submitted in response to this Request for Proposals(RFP) shall be printed on :3 Cr 8-1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the as information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not a withhold any information from the written response in anticipation of presenting the information tf as orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each > Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. The Respondent shall also provide an electronic version of their proposal on thumb drive. 5. Format. U) as The response, at a minimum, shall include the following: as A Cover Paae, A cover page that states "PROPOSAL FOR FEMA CONSULTING SERVICES" must be included.The cover page should contain Respondent's name, address,telephone number, and the name of the Respondent's contact person(s). B. Tabbed Sections L c Tab 1. Executive Summary 0 CL The Respondent shall provide a narrative of the firm's qualities and capabilities that 0 demonstrates how the firm will work with the County to fulfill the requirements of this Project. Describe the firm's methods of providing FEMA Program Consulting Services listed in Section One, both in the office and at locations affected by the a disaster. :3 Cr as Tab 2. Relevant l Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project. U Tab 3. Past Performance on Similar Projects 5 Packet Pg. 10 B.1.a The Respondent shall provide a list of past projects indicating the following: Name and full address of the referenced project client Name and telephone number of client contact for referenced project 4- Date of initiation and completion of contract0. -� Summary of the project and services Tab 4. Project Approach U) 0 CL The Respondent shall describe the approach and methodology it will use to accomplish the work defined herein. The project approach shall include information on schedule and availability where applicable. U) as Tab 5. Staffing for this Project & Qualifications of Key Personnel Cr as The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. Mnf The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart and management plan should be included in this section. The Respondent shall also include minimum qualifications for each class of employee of the project team and identify his/her role on the team. Include in this section the location of the main office and the location of the office proposed to work on this project. a U The Respondent should include in this section the number of disaster services as contracts they currently hold in 1) south Florida 2) the state of Florida and 3) the southeast United States and provide information on resources and capability to meet the needs of multiple contracts in the event of a major event that impacts the region. Tab 6. Other Information L- 0 Respondent shall provide any additional project experience that will give an indication of the Respondent's overall abilities. CL 0 Tab 7. Project Budget CL L- 0 I I c ii� u�1 , II IIII u,,;e a form l ,;urnular to that of the ,,, uinpl ,;how n beIowl Wth at ceast ,,; much :n ull � In l tl e,,; f DersMis 111,Jiun3 Dun U)l h lllnu�� I,nuIT �l �l and llln Ilnu.suITll � wales steal 11 be R steel Any other expense,,; not induded n the,,;e houi1y rates sIhal1 be aCr s ul nnNzed at the bottorn. C as E 6 Packet Pg. 11 B.1.a PROJECT BUDGET FEMA Consulting Services You may use a spreadsheet of your own design, but it must be in similar format, and include at least as much information. CL "fully 2 loaded" hourly hourly CL Position Description rate* rate** CL research consultant 150.00 200.00 0 research assistant 80.00 100.00 Cr administrative assistant 50.00 , 75.00 °b as A) as *base hourly rate does not include "out-of-pocket"costs, such as travel, lodging, meals, supplies, etc. **Included in "fully loaded"hourly rate:lodging, per diem, and overhead as 0 0 U) 0 CL 0 L- CL - 0 U) as Cr as as E Packet Pg. 12 B.1.a Tab 8. Financial Information and Litigation The Respondent will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of -� owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; a (5) A print out of the "Detail by Entity Name" screen from the Respondent's Cr listing in www.sunbiz.oro; as (6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; (7) Answers to the following questions regarding claims and suits: otf f a. Has the person, principals, entity, or any entity previously owned, operated > or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?Yes or no. If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general a partners? Yes or no. If yes, provide details; g C. Has the person, principal of the entity, entity, or any entity previously owned, as operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with,private or public entities? Yes or no. If yes, provide details; r- 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?Yes L- or no. If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, U) principal, controlling shareholder or major creditor of the person or entity was an CL 0 officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (8). Customer references (minimum of three), including name, current address and current telephone number; aCr s (9). Credit references (minimum of three), including name, current address and current telephone number; (10). Audited financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. F The County reserves the right to request additional information related to the financial 0 qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the County deems necessary to enable the department and board 8 Packet Pg. 13 B.1.a of county commissioners to determine if the person responding is responsible. Tab 9. County Forms Respondent shall complete and execute the forms specified below and located in this RFP, as well as copies of all insurance and occupational licenses and shall include them in this section, 0. -� i.e. Tab 9: Forms Submission Response Form Lobbying and Conflict of Interest Ethics Clause Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement a Request of Waiver of Insurance Requirements (optional) Cr as COPIES OF RFP DOCUMENTS as 2 A. Only complete sets of RFP Documents will be issued and shall be used in of preparing responses. The County does not assume any responsibility for errors or > misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and atthe locations stated in the Notice of Request for Proposals. 6. SUBMISSION OF RESPONSES a Interested firms or individuals are requested to indicate their interest by submitting a total co of§x (6), iliree ( ( §gned ohgg as nd Hi cc ;) coimplele cop es of Hie IlDroposall and 1 6ectronlic ver§ion on a ihuimLs 'rve, in a sealed envelope clearly marked on the outside, with the Respondent's name and "Monroe County Proposal for FEMA Consulting Services", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, which must be received on or before 3.00 P.M. local time on XXXXX X, XXXX.If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Competitive Solicitation. No proposals will be accepted after 3.00 P.M. Faxed or e-mailed proposals shall be automatically rejected. It is the sole responsibility of each Respondent U) to ensure its proposal is received in a timely fashion. C L_ CL Each Respondent shall submit with his Response the required evidence of his qualifications and experience. U) as Cr as 7. DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all E participants in such collusion shall be rejected, and no participants in suchcollusion will be considered in future proposals for the same work. 9 Packet Pg. 14 B.1.a B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any -� public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 0 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 a detail and submit it with the bid or proposal may result in immediate disqualification Cr of the bid or proposal. as D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 8. EXAMINATION OF RFP DOCUMENTS U) as A. Each Respondent shall carefully examine the RFP and other contract documents, and inform himself/herself thoroughly regarding any and all conditions and as requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA a 0 No oral interpretations will be made to any Respondent as to the meaning of the RFP and contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior LR to the date fixed for opening of responses will be given consideration. Questions should be directed, in writing, to: Cr as 1100 Simonton Street, Suite 2-213 Key West, Florida 33040 or by Facsimile to: (305) 292-4515 F All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished to all known prospective 10 Packet Pg. 15 B.1.a Respondents listed as planholders prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in his/her Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his/her response will nevertheless be construed as though it had been received and acknowledged and the submission of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not 0. received by him/her. It is the responsibility of each Respondent to verify that he/she has received all addenda issued before responses are opened. 10. GOVERNING LAWS AND REGULATIONS a 0 The Respondent is required to be familiar with and shall be responsible for complying with 0. all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of occupational license requirements U) and obtaining such licenses for Monroe County and municipalities within Monroe County are the Cr responsibility of the Respondent. as 11. PREPARATION OF RESPONSES tf Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or"Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. a The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 12. MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Proposals and received prior to Proposal due date 0 and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Proposal — Monroe County Proposal for FEMA Consulting Services." If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request _ for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 0 CL 0 13. RESPONSIBILITY FOR RESPONSE " L 0 The Respondent is solely responsible for all costs of preparing and submitting the U) response, regardless of whether a contract award is made by the County. � as Cr 14. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitations. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a ll Packet Pg. 16 B.1.a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 15. DETERMINATION OF SUCCESSFUL RESPONDENT The contract shall be awarded based on the following criteria: • Ability to provide services listed. • Experience with similar projects. • Qualifications of staff. U) • Price. 0 The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications are incomplete, unbalanced, conditional, obscure, or that contain additions not a requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Cr Respondent and the contract documents, may be rejected at the option of the County. as as 16. AWARD OF CONTRACT tf as A. The County reserves the right to award separate contracts for the services based on < geographic area or other, and to waive any informality in any response, or to re-advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. a C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida,for final selection and award of contract. 17. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS U) r— The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better, The required insurance shall be C. maintained at all times while Respondent is providing service to County. L- CL Worker's Compensation Statutory Limits as Employers' Liability Insurance Cr Bodily Injury by Accident $1,000,000 as Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee $1,000,000 as F U 12 Packet Pg. 17 B.1.a General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 42 Expanded Definition of Property Damage a. U) 0 0. a. U) Cr A 0 cv U) 0 a U) r- 0 0 U) 0 0. a. U) 0 Cr 0 13 Packet Pg. 18 B.1.a $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $250,000 per person L $500,000 per occurrence $50,000 property damage Vehicle Liability (Owned, non-owned and hired vehicles) $5,000,000 per Occurrence U) $5,000,000 Combined Single Limit 0 L Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate as Cr Monroe County shall be named as an Additional Insured on the General Liability and as Vehicle Liability policies. as as 18. INDEMNIFICATION The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The CONSULTANT 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 as 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 CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or 0 omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance,; the CONTRACTOR shall indemnify the County from any and all increased 0 expenses resulting from such delay. Should any claims be asserted against the County by 0- virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR,;the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. Cr as The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. F This indemnification shall survive the expiration or earlier termination of the contract. 14 Packet Pg. 19 B.1.a 19. EXECUTION OF CONTRACT The Respondent will be required to execute a contract with the County (draft attached) for the services provided for in this RFP. The Respondent with whom a contract is negotiated shall be required to return to the County the prescribed Contract together with the required certificates of insurance. 20. Bid Protest Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the notice of decision or intended decision on the BOCC's agenda, whichever occurs first. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it Cr is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the U) Commission. The Board of County Commissioners decision to award the contract is final and at their . sole discretion. U) r_ 0 L 0 U) 0 0. a. L_ 0 U) Cr 15 Packet Pg. 20 B.1.a 5- 0 CL U) 0 CL 0 L- CL - 0 U) as cr as as T) tf as 04 U) as as tm U) r_ 0 L- U) 0 CL 0 L- CL - U) as cr as as E 16 Packet Pg. 21 B.1.a SECTION TWO: DRAFT CONTRACT AGREEMENT FOR L 0 FEMA Program ConsultingCL Services U) 0 CL 0 CL L_ This Agreement ("Agreement") made and entered into this day of 2019 by and between Monroe County, a political subdivision of the State of Florida, whose a address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, :3 Cr hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners as ("BOCC"), as 2 AND tf as a of the State of whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT", WITNESS'ETH: U) as WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for " Federal Emergency Management Agency (FEMA) Program Consulting Services; and as WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing FEMA Consulting Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: &_ FORM OF AGREEMENT a 0 ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES Cr as By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties E hereunder have been fully satisfied; 17 Packet Pg. 22 B.1.a 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply -� with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 0 a 0 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. U) as 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with Cr professional skill and care and the orderly progress of the Project. In providing all services as pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and °tf regulations shall constitute a material breach of this agreement and shall entitle the Board > to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 04 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the a CONSULTANT or any of his/her employees,' contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. as 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment r- under this agreement or with the provision of services or goods under this agreement. 1.1.9 The effective date of this AGREEMENT shall be The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as &- provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five/three additional years-TBD at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a 0 a written Amendment to the AGREEMENT and shall be executed by both parties. 0 ARTICLE II Cr SCOPE OF BASIC SERVICES 2.1 DEFINITION as CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The F CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in 18 Packet Pg. 23 B.1.a the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2.3 NOTICE REQUIREMENT 0 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, a return receipt requested, to the following: Cr as 1100 Simonton Street, Suite 2-213 Key West, Florida 33040 of And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: a as ARTICLE III ADDITIONAL SERVICES L 3.1 The services described.in Article III that may be provided by the CONSULTANT (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic C Services but only if approved by the COUNTY before commencement. A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. Cr as B. Providing any other services not otherwise included in this Agreement or notcustomarily furnished in accordance with generally accepted FEMA Consulting Services. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. F 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a 19 Packet Pg. 24 B.1.a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 5- 0 ARTICLE IV COUNTY'S RESPONSIBILITIES 0 CL 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any available maps. as 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect aCr s to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable as delay in the orderly and sequential progress of the CONSULTANT'S services. tf as 4.3 Prompt written notice shall be given by the COUNTY and its representative to the < CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. N 4.4 The COUNTY shall furnish the required information and services and shall render a approvals and decisions as expeditiously as necessary for the orderly progress of the g CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete thework. R 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate`access to will be provided as requested. a 0 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS Cr The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its as commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, E errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. 20 Packet Pg. 25 B.1.a In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall -� indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. a Cr This indemnification shall survive the expiration or earlier termination of the Agreement. as ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: as NAME FUNCTION co L 0 CL 0 So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. Cr ARTICLE VII COMPENSATION 7.1 PAYMENT SUM a 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S E performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 21 Packet Pg. 26 B.1.a 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. 5- 0 (A) If the CONSULTANT'S duties, obligations and responsibilities are materially -� changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; U) 0 (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice a shall describe with reasonable particularity the service rendered. The Cr CONSULTANT'S invoice shall be accompanied by such documentation or data in as support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. tf as (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET as 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The r- budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. w 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation;by the Board of County Commissioners and the approval of the `R Board members at the time of contract initiation and its duration. a 0 ARTICLE VIII L INSURANCE AND BONDS 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required Cr insurance at all times that this Agreement is in effect. In the event the completion of the as project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI 22 Packet Pg. 27 B.1.a or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 0 B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. U) as C. Comprehensive business automobile and vehicle liability insurance covering claims for Cr injuries to members of the public and/or damages to property of others arising from use as of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five tf Million Dollars ($5,000,000.00) annual aggregate. of D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad ;Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per a occurrence and annual aggregate. as An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or r_ expiration of this contract. E. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. &_ F. CONSULTANT shall require its subcontractors to be adequately insured at least to the U) limits prescribed above, and to any increased limits of CONSULTANT if so required by 0 COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The aCr s COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. E 23 Packet Pg. 28 B.1.a ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. U) 0 CL 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the a CONSULTANT. Cr as 9.3 SUCCESSORS AND ASSIGNS as A) The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which ;approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. as 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 0 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. 0 a 0 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. U) C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Cr as agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach a that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If F the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; 24 Packet Pg. 29 B.1.a however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. ' D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to a. CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of$1,000,000 or more, if the County determines that the Contractor/Consultant u) submitted a false certification under Section 287.135(5), Florida Statutes, or if the 0 Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. I- 0 9.6 CONTRACT DOCUMENTS U) 0 0. This contract consists of the Proposal Statement, any addenda, the Form of Agreement a. (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments U) and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the Cr C CONSULTANT will control. 25 Packet Pg. 30 B.1.a 9.7 PUBLIC ENTITIES CRIMS A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or -� repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 0 By signing this Agreement, CONSULTANT represents that the execution of this Agreement a will not violate the Public Entity Crimes Act (Section 287.133 Florida Statutes). Violation of Cr this section shall result in termination of this Agreement and recovery of all monies paid as hereto, and may result in debarment from COUNTY's competitive procurement activities. as In addition to the foregoing, CONSULTANT further represents that there has been no °tf 2 determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or a CONSULTANT is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. as 9.8 MAINTENANCE OF RECORDS i AND RIGHT TO AUDIT U) CONSULTANT shall maintain all books, 'records, and documents directly pertinent to r- performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2`CFR §200.333, whichever is greater. Each party to this L- Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an 0 auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. aCr s Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering 0 negotiated settlements); backcharge logs and supporting documentation; general ledger entries 26 Packet Pg. 31 B.1.a detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, ' duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor0. and supplier payments, miscellaneous allocations, special charges, verifying information and a. amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Cr Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County 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 w together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the U) State of Florida applicable to contracts made and to be performed entirely in the State. In 0 the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court U) r- 0 I- 0 U) 0 0. a. - 0 U) Cr 27 Packet Pg. 32 B.1.a or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5- 0 9.10 SEVERABILITY -� If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the a original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Cr Agreement to replace any stricken provision with a valid provision that comes as close as as possible to the intent of the stricken provision. as 2 9.11 ATTORNEYS FEES AND COSTS of The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. U) as 9.12 BINDING EFFECT " The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to as the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. U) 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CL 0 CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. Cr as 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet E and confer sessions to be commenced within 15 days of the dispute or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida 28 Packet Pg. 33 B.1.a law. This Agreement is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. L 0 9.16 COOPERATION -� In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. a Cr 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY °' CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is ID expressly understood that upon a determination by a`court of competent jurisdiction that tf as discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975 as amended (42 USC ss. 6101-6107) which prohibits discrimination on theco as basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 00 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to &- time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. U) During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by aCr s Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: as E 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 29 Packet Pg. 34 B.1.a employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ' 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard M to race, color, religion, sex, sexual orientation, gender identity, or national origin. 0. 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 M 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. 2 a 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 U 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. L 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 00. in whole or in part and the contractor may be declared ineligible for further Government contracts in a. 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. Cr 0 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the M provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is 30 Packet Pg. 35 B.1.a threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation tc protect the interests of the United States. 5- 0 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. a 0 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing Cr business with one's agency; unauthorized compensation; misuse of public position, conflicting as employment or contractual relationship; and disclosure or use of certain information. A) tf 9.20 NO SOLICITATION/PAYMENT as The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise as recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. r- 0 Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other " LR public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,, and made or received by the County and CONSULTANT in 0 conjunction with this contract and related to contract performance. The County shall have 0- the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach'of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to � Cr reimbursement of all attorney's fees and costs associated with that proceeding. This as provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT a is required to: F (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of 31 Packet Pg. 36 B.1.a the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public a records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for a retaining public records. All records stored electronically must be provided to the County, Cr upon request from the County's custodian of records, in a format that is compatible with the as information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made tf directly to the County, but if the County does not possess the requested records, the of County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within S a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon a violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a as reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE &- PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(&MONROECO'UNTY-FL.GOV. MONROE COUNTY ATTORNEYS OFFICE 1111 CL 12T" Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY U) as Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the aCr s CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for as waiver. F 9.23 PRIVILEGES AND IMMUNITIES 32 Packet Pg. 37 B.1.a 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 0. outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES U) 0 a 0 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 aCr s the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. as 2 tf 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the N COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION U) r_ CONSULTANT agrees to execute such documents as COUNTY may reasonably require, U including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original'contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract 0. price was increased' due to inaccurate, incomplete, or concurrent wage rates and other 0- 0. factual unit costs. All such adjustments must be made within one year following the end of the Agreement. U) as 9.27 NO PERSONAL:LIABILITY Cr as No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS 33 Packet Pg. 38 B.1.a 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. I- 9.29 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 0. a. 9.29.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, u) which includes emergency Management Preparedness Grant Program, Homeland Security Grant 2 Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required U0 by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or L reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are 0. incorporated by reference into this contract. a. L 0 (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include Cr C these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 34 Packet Pg. 39 B.1.a 9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 a. 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. Cr 9.29.3 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. U) 0 9.29.4 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to 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) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. �s 9.29.5 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 U) part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names 0. 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. 4- 9.29.6 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 Cr C 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. 35 Packet Pg.40 B.1.a 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the ' item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 0. Other Federal Requirements: a. L 0 9.29.9 Americans with Disabilities Act of 1990, as amended (ADA) —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued Cr thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and U) subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award 0 and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation L lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited U) whenever they are potential sources; 0. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit IL maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Cr Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.29.11 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 36 Packet Pg.41 B.1.a 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. 9.29.12 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's ' (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and M other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.29.13 DHS Deal, Logo and Flags: Contractor shall not use the Department of Homeland Security Cr seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific M FEMA approval. 0 T 9.29.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. U) 9.30 FDEM requirement 0 9.30.1 If an portion of this agreement is funded b the Florida Department of Emergency Management. The any g Y p g Y g � CONTRACTOR will be bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division). 9.30.2 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. The Remainder of this Page Intentionally Left Blank I- 0 U) 0 0. I- IL - 0 U) Cr 37 Packet Pg.42 B.1.a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS 5- Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman U) 0 a 0 Date: 0 U) as (Seal) CONTRACTOR Cr C Attest: as BY: By: as tf as Title: Title: END OF AGREEMENT U) as as U) r- 0 L U) 0 a 0 U) as Cr as as F 0 38 Packet Pg.43 B.1.a ATTACHMENT A SCOPE OF WORK AND PRICING 5- 0 CL CL 0 L- CL - 0 as cr as as An as CD T- CD 04 as co tm as 0 L- 0 CL 0 L- CL - as cr as as E 39 Packet Pg.44 B.1.a SECTION THREE: COUNTY FORMS AND INSURANCE FORMS CL CL 0 L- CL [This page intentionally left blank, with forms to follow.] U) as cr as cu as A) tf as 04 U) as as co U) r- 0 L U) 0 CL 0 L- CL - U) as cr as as E 40 Packet Pg.45 B.1.a RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) a 1 have included • Response Form • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace FormCr • Public Entity Crime Statement • Monroe County occupational license and relevant City occupational licenses are required to be tf obtained within ten days of award of the contract I have included a current copy of the following professional and occupational licenses: (Check mark items above. as reminder that they are included) as Mailing Address: Telephone: as Fax: Date: Signed: Witness: 0 (Print Name) 0 (Title) STATE OF: 0 CL L_ CL COUNTY OF: _ Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me Cr as or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: as E U 41 Packet Pg.46 B.1.a LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA 5- 0 CL ETHICS CLAUSE U) 0 a (Company) 0 "...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 Cr this provision the County may, in its discretion, terminate this Agreement without liability and may as also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full M amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: as STATE OF: as COUNTY OF: U) 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. 0 a 0 U) NOTARY PUBLIC Cr as My Commission Expires: as F 42 Packet Pg.47 B.1.a NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the bidder making the CL Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, aCr s 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 bythe tf 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, CD CD 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 a knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (, (Signature) U) r- Date: U STATE OF: COUNTY OF: 0 CL Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally U) as known to me or has produced (type of Cr as identification) as identification. NOTARY PUBLIC My Commission Expires: 43 Packet Pg.48 B.1.a DRUG-FREE WORKPLACE FORM The undersigned vendor inaccordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of CL maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection ('1). aCr s 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will as abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above as requirements. U) r_ (Signature) 0 Date: L_ STATE OF: U) 0 CL COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by U) (name of affiant). He/She is personally known to Cr as me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: E 44 Packet Pg.49 B.1.a PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." CL 0 I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. U) as Cr as as (Signature) tf as ©ate: STATE OF: COUNTY OF: as U Subscribed and sworn to (or affirmed)before me on ' as (date) by (name of affiant). He/She is personally known to me or U) has produced (type of identification) as identification. L- R NOTARY PUBLIC U) 0 My Commission Expires: U) as Cr as as E 45 Packet Pg. 50 B.1.a Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits 0 Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 0 General Liability $5,000,000 Combined Single Limit 0 Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate as Cr as IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS as The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the N negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. a 0 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'"failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and c shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. L The first ten dollars ($10.00) of,remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. 0 CL The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. c This indemnification shall survive the expiration or earlier termination of the Agreement. a Cr RESPONDENT'S STATEMENT as I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. as E Respondent Signature 46 Packet Pg. 51 B.1.a INSURANCE AGENT'S STATEMENT 5- I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES U) 0 a 0 L- CL - MONROE COUNTY, FLORIDA Request For Waiver a of Cr Insurance Requirements as It is requested that the insurance requirements, as specified in the County's Schedule of Insurance tf Requirements, be waived or modified on the following contract: as Contractor: Contract for: Address of Contractor: as Phone: 0 Scope of Work: L- 0 Reason for Waiver: CL 0 0 Policies Waiver will apply to: a Cr as Signature of Contractor: Approved Not Approved Risk Management: as F Date: " County Administrator appeal: 47 Packet Pg. 52 B.1.a Approved Not Approved Date: Board of County Commissioners appeal: 42 IL Approved Not Approved Meeting Date: U) 0 0. I- IL U) cr cv U) 0 a U) r- 0 �s 0 U) 0 0. I- IL U) cr 48 Packet Pg. 53 B.1.a RESPONDENT SIGNATURE 5- 0 CL CL 0 L- CL - 0 as cr as as An as CD T- CD 04 as co tm as 0 L- 0 CL 0 L- CL - as cr as as E 49 Packet Pg. 54