Item C18 C.18
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: C.18
Agenda Item Summary #5679
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Karl Bursa(305) 453-8759
No
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) for Flood
Mitigation Project Management Services
ITEM BACKGROUND: Following Hurricane Irma, Monroe County was eligible to apply for
funding for mitigation activities in support of creating a more resilient community through the
Hazard Mitigation Grant Program (HMGP), the Flood Mitigation Assistance Program (FMA),
and Pre-Disaster Mitigation Grant Program (PDM). The County applied for funding for projects
via the Florida Division of Emergency Management (FDEM) to the Federal Emergency
Management Agency (FEMA) for awards of up to $4,000,000.00 for properties owned by private
individuals, using Community Development Block Grant funding as 25% match.
The scope of these services included Rehabilitation and Elevation for properties where
Rehabilitation or Elevation were determined to be feasible. In situations where Rehabilitation or
Elevation were not feasible or in situations where the owner did not wish to apply for these
options,property acquisition was the alternative method of mitigation. In anticipation of
receiving these funds, the County now seeks to submit a Request for Proposals (RFP) to find a
qualified planning and project management service to manage the implementation of these
proj ects.
Once the County has selected an Applicant, the Applicant will be responsible for working with
the County to see these projects through from the pre-application stages through finished
construction/demolition.
PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners previously
approved submittal of five (5) applications under the Hazard Mitigation Grant Program ("HMGP"),
following Hurricane Irma, to seek up to 75% of the funding to protect critical County facilities from
damage faced from natural hazards. It later approved submittal of a Hazard Mitigation Grant
Program (HMGP) application for Elevation and Reconstruction Projects,
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval to Advertise
DOCUMENTATION:
DRAFT Request for Proposal for Flood Mitigation Project Management Services
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Christine Limbert Completed 06/04/2019 4:00 PM
Tina Boan Completed 06/04/2019 4:30 PM
Maria Slavik Completed 06/04/2019 4:34 PM
Kathy Peters Completed 06/04/2019 4:52 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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MON ROE COUNTY
REQUEST FOR PROPOSALSU)
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BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy, District 5
Mayor Pro Tem, Danny Kolhage, District 1
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
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COUNTY ADMINISTRATOR
Roman Gastesi
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• CLERK OF THE CIRCUIT COURT BUDGET AND FINANCE DIVISION
■ Kevin Madok Grants Administration Department
XXXX 2019
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NOTICE OF CALLING FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on
2019 at 3:00 P.M. the Monroe County Purchasing Office will
open sealed proposals for the following: CL
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Flood Mitigation Project
Management Services
MONROE COUNTY, FL �
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Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia at_ . a stars OR . c y i s.c 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.
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Publication Dates:
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TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS
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SECTION ONE - Instructions to Respondents & Scope of Work
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SECTION TWO - Draft Contract
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1 . SECTION THREEE- County Forms Cr
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SECTION ONE: INSTRUCTIONS TO RESPONDENTS
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1. Objective of the Request for Proposals
Planning and project management services to manage Hazard Mitigation Grant Program (HMGP)
projects, FMA projects, and PDM projects, for mitigation reconstruction and elevation activities.
These activities are to be conducted with Federal Emergency Management Agency(FEMA) and
private local match funds (provided by applicants) pursuant to the grant agreements executed
between Monroe County and the State of Florida Department of Emergency Management.
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Project Management involving private property to be reconstructed and/or elevated, using grant a
funds via individual grant agreements between the State and the County. Policies, procedures
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and guidelines need to be developed, as well as management services, necessary for the
successful implementation and completion of various hazard mitigation activities through
FEMA funded programs.
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The project is intended to eliminate or significantly reduce future flood risk through the
reconstruction or elevation of flood-prone residences in the floodplain. The project includes the
reconstruction and/or elevation of at least one residence above base flood elevation, in a
accordance with the City of Key West Ordinances, and it is anticipated additional future projects a
with reconstruction, elevation and perhaps acquisition and demolition may be needed for future
projects. The project requires extensive knowledge of the following concepts:
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• Administrative Requirements for Federal Awards, Including Post Federal Award
Requirements
• FEMA Flood Mitigation Grants
• Construction project management
• Equal employment opportunity a
• Environmental compliance
• Structural Elevation and Reconstruction through FEMA Flood Mitigation Grants
• Property Acquisition and Relocation through FEMA Flood Mitigation Grants
• National Flood Insurance Program (NFIP) Participation Requirements
• National Environmental Policy Act (NEPA)
• Uniform Relocation and Real Property Acquisition Policies Act
• Florida/Monroe County Building Code
Planning and project management expertise, including provision of on-site personnel, for the
successful implementation and completion of the projects. All on-site structural feasibility
analysis and construction inspection will be supervised by the Monroe County Inspections CL
Department. However, the management consultant must provide a qualified resident housing
inspector to assist the local building inspector with construction inspection and to act as the
primary construction management liaison between the local building inspector and the
successful team. a
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Provide the County with elevation/acquisition/relocation policies and procedures consistent
with the approved grant agreements regarding a variety of residential properties in Monroe
County or it's cities.
Required services may include, but are not limited to, the following:
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• Develop comprehensive administrative guidelines for the management of all grant funded
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reconstruction, elevation and acquisition/demolition activity, including the following:
o Procedures for financial management, construction procurement, construction
management and inspection.
o Coordination of structural engineering and building inspection services.
o Coordination of NFIP and Florida Building Code compliance. _
o Review duplication of benefits procedures.
o Prepare pre-construction and owner's certification documents. CL
o Review structural feasibility procedures.
o Prepare temporary relocation procedures and homeowner/contractor dispute resolution
procedures.
o Prepare administrative guidelines and forms/documents for proper management of
residential housing activities in accordance with FEMA disaster recovery and hazard aCr
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mitigation requirements.
• Provide Federal and State required civil rights, environmental, labor standards, audit, and m
general procurement compliance as mandated by the grant agreement(s) executed by the
County.
• Assist the County in procuring the professional services of a structural engineering firm,
legal firm, appraiser, surveyor, and asbestos inspector. Provide scheduling and
coordination of these professional services.
• Coordinate with the -County Inspections Department and consulting structural engineer
during structural feasibility analysis, develop general elevation specifications, and prepare as
bid documents for elevation.
• Assist the County in procuring construction services for reconstruction, elevation, and E
demolition to assure compliance with the project schedule and requirements. Manage the as
construction bid/award process.
• Assist with on-site inspection of all residential construction work as outlined above.
• Authorize payment to other consultants and general contractors.
• Supervise the cost report process and coordinate project financial management with the
City's project manager. CL
• Manage all acquisition and demolition activity in accordance with Uniform Relocation and
Real Property Acquisition Policies Act, FEMA requirements.
• Maintain detailed case files for each unit included in the project, as well as general project
compliance and procurement files.
• Attend preconstruction conferences with homeowners and contractors; function as the
liaison between the County and the contractor during construction.
• Provide construction contract oversight in coordination with the structural engineer,
including the following items:
o Review of change orders.
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o Issuance of notices to proceed.
o Review of construction schedule. CL
o Regular review of construction quality and cost control procedures.
• Attend County Board of County Commission meetings as required for approval of program
guidelines, contract awards, etc.
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• Function as liaison between the County and the Florida Department of Emergency
Management.
The Flood Mitigation Project Management Services must comply with the requirements
of FEMA, the State of Florida, and any other applicable laws and regulations.
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2. Background Information F
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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.
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 CL
generally exercise the powers of a public authority organized and existing for the purpose of
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.
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The County seeks to protect its interests through mitigation by securing the services of a Cr
qualified provider of Flood Mitigation Project Management Services, including but not limited to the as
scope of work as outlined above.
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3. Evaluation Criteria as
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
• Total cost as
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4. Content of Submission as
The proposal submitted in response to this Request for Proposals (RFP) shall be printed on
8-1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the
information requested herein. Statements submitted without the required information will not be
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considered. Responses shall be organized as indicated below. The Respondent should not
withhold any information from the written response in anticipation of presenting the information
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.
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S. Format.
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The response, at a minimum, shall include the following:
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A Cover Page,
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A cover page that states "PROPOSAL FOR FLOOD MITIGATION PROJECT MANAGEMENT
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). aCr
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B. Tabbed Sections
Tab 1. Executive Summary
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The Respondent shall provide a narrative of the firm's qualities and capabilities that F
demonstrates how the firm will work with the County to fulfill the requirements of this U
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Project. Describe the firm's methods of providing Flood Mitigation Project
Management Services listed in Section One, both in the office and at locations in the
field.
Tab 2. Relevant Experience
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The Respondent shall provide a project history of the firm or organization CL
demonstrating experience with projects that are similar in scope and size to the
proposed Project.
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Tab 3. Past Performance on Similar Projects
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The Respondent shall provide a list of past projects indicating the following:
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Name and full address of the referenced project client
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Name and telephone number of client contact for referenced project
Date of initiation and completion of contract
Summary of the project and services
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Tab 4. Project Approach
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The Respondent shall describe the approach and methodology it will use to a
accomplish the work defined herein. The project approach shall include information E
on schedule and availability where applicable. as
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Tab 5. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
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proprietorship, corporation, partnership, joint venture) and include names of persons 0.
with an interest in the firm.
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.
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The Respondent should include in this section the number of flood mitigation project CL
management services 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.
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Tab 6. Other Information
Respondent shall provide any additional project experience that will give an indication
of the Respondent's overall abilities. a
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Tab 7. Project Budget cs
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Respondent shall use a format similar to that of the s.am.ple shown below, with at.........
least as much detail. The titles of persons working on this project and the hourly
rates shall be listed. Any other expenses not included in these hourly rates shall be
itemized at the bottom.
PROJECT BUDGET
FLOOD MITIGATION PROJECT MANAGEMENT SERVICES
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You may use a spreadsheet of your own design, but it must be in
similar format, and include at least as much information.
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"fully
loaded" as
hourly hourly
Position Description rate* rate** as
research consultant 150.00 200.00
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research assistant 80.00 100.00
administrative assistant 50.00 75.00 °b
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*base hourly rate does not include "out-of-pocket"costs, such as
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**Included in "fully loaded"hourly rate:lodging, per diem, and overhead
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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);
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(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 as
projects); aCr
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(4) The number of years the person or entity has operated under its present
name and any prior names; as
(5) A print out of the "Detail by Entity Name" screen from the Respondent's
listing in www.sunbiz.orq;
(6) A copy of the Respondent's Annual Report that is submitted to the Florida
Secretary of State; U"
(7) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated
or directed by any of its officers, major shareholders or directors, ever failed to as
complete work or provide the goods for which it has contracted?Yes or no. If yes,
provide details; asF
b. Are there any judgments, claims, arbitration proceeding or suits pending or as
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? Yes or no. If yes, provide details;
C. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within the
last five years, been a party to any lawsuit, arbitration, or mediation with regard to a
contract for services, goods or construction services similar to those requested in
the specifications with private or public entities? Yes or no. If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services?Yes
or no. If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was an
officer, director, general partner, principal, controlling shareholder or major creditor
of any other entity that failed to perform services or furnish goods similar to those
sought in the request for competitive solicitation;
(8). Customer references (minimum of three), including name, current address
and current telephone number; aCr
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(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.
The County reserves the right to request additional information related to the financial E
qualifications, technical competence, the ability to satisfactorily perform within the contract time
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constraints, or other information the County deems necessary to enable the department and board
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, CL
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i.e. Tab 9:
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Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause aCr
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Non-Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Request of Waiver of Insurance Requirements (optional)
Minority Owned Business Declaration Form
COPIES OF RFP DOCUMENTS
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A. Only complete sets of RFP Documents will be issued and shall be used in as
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets. as
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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
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Interested firms or individuals are requested to indicate their interest by submitting a total
of §x (6), ilhur (3) signed oiJg als and three ( ) compl lete copy of Hie Drop ali and 1
ectr n c ver§on our a thi,imb drive, in a sealed envelope clearly marked on the outside,
with the Respondent's name and "Monroe County Proposal for Flood Mitigation Project
Management Services", addressed to Monroe County Purchasing Department, 1100
Simonton Street, Suite 2-213, 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-
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mailed proposals shall be automatically rejected. It is the sole responsibility of each
Respondent to ensure its proposal is received in a timely fashion.
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Each Respondent shall submit with his Response the required evidence of his qualifications and
experience. Cr
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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 F
discovered that collusion exists among the Respondents, the proposals of all
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participants in such collusion shall be rejected, and no participants in suchcollusion
will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list 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
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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 aCr
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C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in as
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his/her proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal. U"
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D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the as
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 as
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with the bid or proposal may result in immediate disqualification of the bid or as
proposal.
8. EXAMINATION OF RFP DOCUMENTS
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A. Each Respondent shall carefully examine the RFP and other contract documents
and inform himself/herself thoroughly regarding any and all conditions and
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.
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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.
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9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
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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
to the date fixed for opening of responses will be given consideration. Questions should be Cr
directed, in writing, to: as
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( ,'l[tyW t'o'te,, 7lilllp)
or by Facsimile to:
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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
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 U)
of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part CL
of the contract documents and each Respondent will be bound by such addenda, whether or not
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.
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10. GOVERNING LAWS AND REGULATIONS Cr
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The Respondent is required to be familiar with and shall be responsible for complying with M
all federal, state, and local laws, ordinances, rules, professional license requirements and
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regulations that in any manner affect the work. Knowledge of occupational license requirements
and obtaining such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Respondent.
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11. PREPARATION OF RESPONSES
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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 as
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.
The Respondent shall state in the response the name and address of each person having an
interest in the submitting entity.
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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
and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with
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the Respondents name and "Modification to Proposal — Monroe County Proposal for Flppd
Mitigation Project Management 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
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Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected.
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13. RESPONSIBILITY FOR RESPONSE
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The Respondent is solely responsible for all costs of preparing and submitting the aCr
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response, regardless of whether a contract award is made by the County.
14. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. a
Respondents names shall be read aloud at the appointed time and place stated in the Notice of F
Request for Competitive Solicitations. Monroe County's representative authorized to open the
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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
response not properly addressed and identified. Respondents or their authorized agents are invited
to be present.
15. DETERMINATION OF SUCCESSFUL RESPONDENT U)
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The contract shall be awarded based on the following criteria:
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• Ability to provide services listed.
• Experience with similar projects.
• Qualifications of staff.
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• Price. as
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 tf
modifications are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the Instruction to
Respondent and the contract documents, may be rejected at the option of the County.
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16. AWARD OF CONTRACT as
A. The County reserves the right to award separate contracts for the services based on a
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
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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
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 0.
maintained at all times while Respondent is providing service to County.
Worker's Compensation Statutory Limits as
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Employers' Liability Insurance
Bodily Injury by Accident $1,000,000
Bodily Injury by Disease, policy limits $1,000,000
Bodily Injury by Disease, each employee $1,000,000
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C.18.a
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
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$500,000 Combined Single Limit If split limits are provided, the minimum limits
acceptable shall be:
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$250,000 per person as
$500,000 per occurrence
$50,000 property damage
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Vehicle Liability
(Owned, non-owned and hired vehicles) $5,000,000 per Occurrence
$5,000,000 Combined Single Limit a
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Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate a
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Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
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18. INDEMNIFICATION
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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 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 omission of the 0.
CONTRACTOR, its Subcontractor(s) in any tier,their officers, employees, servants or agents.
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In the event that the completion of the project (to include the work of others) is delayed or
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suspended as a result of the CONTRACTOR's failure to purchase or maintain the required as
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 shall indemnify it from all losses occurring thereby and shall further a
defend any claim or action on the County's behalf. F
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C.18.a
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.
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This indemnification shall survive the expiration or earlier termination of the contract. CL
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19. EXECUTION OF CONTRACT
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The Respondent will be required to execute a contract with the County (draft attached) for aCr
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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 as
of insurance. 24
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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 as
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 Monroe County Board of County
Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a formal written protest
must 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 BOCC's meeting date in which the award of
contract by the BOCC will be heard. The only opportunity to address protest claims is before the
BOCC at the designated public meeting in which the agenda item awarding the contract is heard. as
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 Commission. The BOCC decision to award the
contract is final and at their sole discretion. Failure to timely protest within the times prescribed
herein shall constitute a waiver of the ability to protest the award of contract, unless it is
determined that it is in the best interest of the County to do so.
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C.18.a
SECTION TWO: DRAFT CONTRACT
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AGREEMENT FOR
Flood Mitigation Project
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Management Services CLL
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This Agreement ("Agreement") made and entered into this day of as
2019 by and between Monroe County, a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred
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to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
AND
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as
a of the State of
whose address is as
its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT",
as
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Flood
Mitigation Project Management Services; and
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WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing Flood Mitigation Project Management Services, which services shall
collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
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FORM OF AGREEMENT
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ARTICLE 1
CL
1.1 REPRESENTATIONS AND WARRANTIES
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By executing this Agreement, CONSULTANT makes the following express representations and Cr
warranties to the COUNTY: ('
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
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C.18.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
0
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;
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1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to aCr
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his performance and those directly under his employ.
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1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the as
CONSULTANT.
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1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent as
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the CONSULTANT
or any of his/her employees, contractors, servants, or agents to be employees of the Board
of County Commissioners for Monroe County. 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 under
this agreement or with the provision of services or goods under this agreement.
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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 years at the same terms and conditions with approval of the
COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment
to the AGREEMENT and shall be executed by both parties.
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ARTICLE II
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SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
17
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C.18.a
upon receipt of a written notice to proceed from the COUNTY. The notice to proceed will then
be formalized into the form of a task order and must contain a description of the services to be
performed, and the time period within which services must be performed and the estimated cost
for the services to be performed under the task order.
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2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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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.
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2.3 NOTICE REQUIREMENT Cr
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All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Karl Bursa
102050 Overseas Highway a
Key Largo, FL 33037
Fax: 305-453-8818 as
And: Mr. Roman Gastesi, Jr. a
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONSULTANT: a
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ARTICLE III
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ADDITIONAL SERVICES
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3.1 The services described in Article III that may be provided by the CONSULTANT (provided
for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement.
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A. Providing services of CONSULTANT for other than the previously listed scope of the a
Project provided as a part of Basic Services. Cr
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B. Providing any other services not otherwise included in this Agreement or notcustomarily
furnished in accordance with generally accepted Flood Mitigation Project Management
Services.
B. Providing representation before public bodies in connection with the Project, upon as
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approval by COUNTY.
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C.18.a
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONSULTANT. The
CONSULTANT shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
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ARTICLE IV
COUNTY'S RESPONSIBILITIES Cr
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4.1 The COUNTY shall provide full information regarding requirements for the Project including24
physical location of work, county-maintained roads, and any available maps. tf
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4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner a
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services. as
4.3 Prompt written notice shall be given by the COUNTY and its representative to the a
CONSULTANT if they become aware of anyfault or defect in the Project or non-conformance
with the Agreement Documents. Written notice shall be deemed to have been duly served if
sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render approvals a
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and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S
services and work of the contractors.
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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.
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4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
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4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested. 0.
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS Cr
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including attorney's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services E
provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors,
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C.18.a
or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
employees, servants and agents.
In the event that the completion of the project(to include the work of others) is delayed or suspended
as a result of the 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
0
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.
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The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above. aCr
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements as
contained elsewhere within this agreement.
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This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
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6.1 PERSONNEL a
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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:
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NAME FUNCTION CL
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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.
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ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S as
performance of this Agreement based on rates negotiated and agreed upon and shown in
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C.18.a
Attachment 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.
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(A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed
0
by amendment to this Agreement after execution of this Agreement, compensation
due to the CONSULTANT shall be equitably adjusted, either upward or downward;
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(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the aCr
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COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice as
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require,
including but not limited to back up documentation sufficient for reimbursement of U"
expenses by FEMA or other governmental agencies.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act, as
218.70, Florida Statute.
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7.3 REIMBURSABLE EXPENSES as
Rates shall be inclusive of all reimbursable expenses.
7.4 BUDGET a
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7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
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7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
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ARTICLE VIII
INSURANCE AND BONDS
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
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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
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C.18.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.
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8.3 CONSULTANT shall obtain and maintain the following policies:
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A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
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B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, aCr
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policy limits, $1,000,000 Disease each employee.
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C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned
vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million
Dollars ($5,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for injuries as
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 as
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subcontractors, including Premises and/or Operations, Products and Completed as
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence
and annual aggregate.
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An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported
must extend for a minimum of 48 months following the termination or expiration of this
contract.
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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.
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F. CONSULTANT shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of
insurance for subcontractors.
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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 Cr
COUNTY reserves the right to require a certified copy of such policies upon request. as
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.
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C.18.a
ARTICLE IX
MISCELLANEOUS
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9.1 SECTION HEADINGS
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Section headings have been inserted in this Agreement as a matter of convenience of CL
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.
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9.2 OWNERSHIP OF THE PROJECT DOCUMENTS a
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The documents prepared by the CONSULTANT for this Project belong to the COUNTY and ('
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
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9.3 SUCCESSORS AND ASSIGNS
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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 as
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 E
subcontractor shall comply with all of the provisions of this agreement. Subject to the as
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.
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9.4 NO THIRD-PARTY BENEFICIARIES
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Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five days' written notification to
the CONSULTANT.
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B. Either of the parties hereto may cancel this Agreement without cause by giving the other party 0.
sixty (60) days written notice of its intention to do so.
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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 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
that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If
the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay F
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,
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C.18.a
unless the cost of completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for damages caused by
the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the
spending cap in this Agreement, which is $5 million. 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. CL
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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 a
CONTRACTOR under this agreement prior to termination, unless the cost of completion to the cor
COUNTY exceeds the funds remaining in the contract. The maximum amount due to as
CONTRACTOR shall not exceed the spending cap in this Agreement, which is $5 million.
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 a
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida g
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida as
Statutes, are met.
For Contracts of$1,000,000 or more, if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the as
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.
9.6 CONTRACT DOCUMENTS
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This contract consists of the Proposal Statement, any addenda, the Form of Agreement
(Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments
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and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
CONSULTANT will control.
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9.7 PUBLIC ENTITIES CRIMES
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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. as
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By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
24
this section shall result in termination of this Agreement and recovery of all monies paid tf
hereto and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the as
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list. E
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CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
CONSULTANT is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
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9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT
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CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven years from the
termination of this agreement or for a period of three years from the submission of the final
expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant
to this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from
the date the monies were paid by the COUNTY.
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Right to Audit as
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
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
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C.18.a
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 E
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 CL
verifications such as, but not limited to, counting employees at the job site, witnessing the
distribution of payroll, verifying payroll computations, overhead computations, observing vendor
and supplier payments, miscellaneous allocations, special charges, verifying information and
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 as
Records, assets, and activities relating to this Project. If any auditor employed by the Monroe CU
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County or County Clerk determines that monies paid to Contractor pursuant to this Agreement 24
were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies tf
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. a
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9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES
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This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement.The COUNTY and CONSULTANT agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the Cr
stricken provision. as
9.11 ATTORNEYS FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or E
interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's
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fees and court costs, as an award against the non-prevailing party, and shall include
attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
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9.13 AUTHORITY
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Each party represents and warrants to the other that the execution, delivery and performance a
of this Agreement have been duly authorized by all necessary County and corporate action, Cr
as required by law. as
9.14 CLAIMS FOR FEDERAL OR STATE AID
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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.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS as
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. as
The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet
and confer sessions to be commenced within 15 days of the dispute or claim. If the issue or
issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida
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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.
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.
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9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Cr
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CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to E
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL
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88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating
to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Cr
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to as
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,
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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.
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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 as
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 0
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as as
follows:
1) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take a
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
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2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
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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 a
apply to instances in which an employee who has access to the compensation information of other
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employees or applicants as a part of such employee's essential job functions discloses the as
compensation of such other employees or applicants to individuals who do not otherwise have access
to such information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by
the employer, or is consistent with the contractor's legal duty to furnish information.
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4) The contractor will send to each labor union or representative of workers with which it has a collective
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C.18.a
bargaining agreement or other contract or understanding, a notice to be provided by the agency
contracting officer, advising the labor union or workers' representative of the contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice "-
in conspicuous places available to employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of U)
the rules, regulations, and relevant orders of the Secretary of Labor.
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6) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the contracting agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or 10
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with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended aLa
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in whole or in part and the contractor may be declared ineligible for further Government contracts it as
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. "
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8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by as
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 cou
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 threatened a
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 to protect the interests of the
United States.
9.18 COVENANT OF NO INTEREST
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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.
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9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply
with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment or contractual aCr
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relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it, F
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
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C.18.a
company, corporation, individual, or firm, other than a bona fide employee working solely for
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it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the provision, the
CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
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9.21 PUBLIC ACCESS.
Public Records Compliance. CONSULTANT must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the a
Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable Cr
access to, and inspection of, all documents, records, papers, letters or other "public record" as
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and CONSULTANT in conjunction with
this contract and related to contract performance. The County shall have the right to as
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
a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any as
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. as
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT
is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service. aas
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by 0
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.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONSULTANT or keep and maintain public records that would be required
by the County to perform the service. If the CONSULTANT transfers all public
records to the County upon completion of the contract, the CONSULTANT shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONSULTANT keeps and maintains public records upon
completion of the contract, the CONSULTANT shall meet all applicable requirements for
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
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the CONSULTANT of the request, and the CONSULTANT must
provide the records to the County or allow the records to be inspected or copied within a E
reasonable time.
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C.18.a
If the CONSULTANT does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon violation
of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time U)
may be subject to penalties under section119.10, Florida Statutes.
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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.
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IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING .
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TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIANn,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance as
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement within the U)
territorial limits of the COUNTY shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the COUNTY.
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9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
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Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility. Further,
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
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C.18.a
constitution, state statute, and case law.
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9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that
neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes a
contemplated in this Agreement. Cr
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9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
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CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a
truth in negotiation certificate stating that wage rates and other factual unit costs supporting a
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 as
exclude any significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the as
Agreement.
9.27 NO PERSONAL LIABILITY
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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
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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.
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9.29 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set a
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as
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amended, including but not limited to: as
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
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C.18.a
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 U)
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
0
or reported violations to the Federal awarding agency. When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program, Homeland Security Grant a
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Cr
Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and as
cooperative agreement programs, including the Public Assistance Program), the contractors must CU
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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 as
or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required
by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the a
compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. as
(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 as
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incorporated by reference into this contract. as
(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 as
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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.
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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 Cr
of the standard work week is permissible provided that the worker is compensated at a rate of ('
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open E
market, or contracts for transportation or transmission of intelligence.
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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 U)
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and CL
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
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9.29.4 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. (D
1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations Cr
issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution as
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.
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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.
9.29.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 (D
CFR 180.220) must not be made to parties listed on the government wide exclusions in the g
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 as
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared as
ineligible under statutory or regulatory authority other than Executive Order 12549.
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
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.
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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 a
exceeded $10,000; procuring solid waste management services in a manner that maximizes
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energy and resource recovery; and establishing an affirmative procurement program for as
procurement of recovered materials identified in the EPA guidelines.
Other Federal Requirements:
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
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C.18.a
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
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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 CL
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
subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award Cr
and performance of contracts, entered pursuant to this Agreement. as
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 S
firms are used whenever possible. a
b. Affirmative steps must include: g
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation as
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lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources; as
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
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
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
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Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor during the
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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 a
(FEMA) access to records, accounts, documents, information, facilities, and staff.
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Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation as
conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and
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.
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9.29.13 DHS Deal, Logo and Flags: Contractor shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific
FEMA approval.
9.29.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a U)
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.
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9.30 FDEM requirement as
9.30.1 If any portion of this agreement is funded by the Florida Department of Emergency Management. The lu
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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. a
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized
representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By: By:
Deputy Clerk Mayor/Chairman
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Date: as
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(Seal) CONTRACTOR tf
Attest:
BY: By:
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Title: Title:
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END OF AGREEMENT
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ATTACHMENT A
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SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
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C.18.a
RESPONSE FORM
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RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
0.
I acknowledge receipt of Addenda No. (s)
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I have included
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• Response Form as
• Lobbying and Conflict of Interest Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form tf
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• Public Entity Crime Statement
• Monroe County occupational license and relevant
City occupational licenses are required to be a
obtained within ten days of award of the contract
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I have included a current copy of the following professional and occupational licenses:
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(Check mark items above. as reminder that they are included)
Mailing Address: Telephone:
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Fax:
Date:
Signed: Witness:
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(Print Name)
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(Title)
STATE OF:
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COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me on _
(date) by (name of affiant). He/She is personally known to
me as
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or has produced (type of identification) as
identification.
NOTARY PUBLIC My Commission Expires:
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C.18.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE
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SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
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ETHICS CLAUSE
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(Company)
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"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
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(Signature) as
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally
known to me or has produced (type of
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identification) as identification.
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NOTARY PUBLIC
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My Commission Expires:
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NON-COLLUSION AFFIDAVIT
I, of the city of according to law on my
oath, and under penalty of perjury, depose and say that
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1. 1 am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said aCr
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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, tf
as to any matter relating to such prices with any other bidder or with anycompetitor;
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
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and as
4. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
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(Signature)
Date:
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STATE OF:
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COUNTY OF:
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Subscribed and sworn to (or affirmed) before me on
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(date) by (name of affiant). He/She is personally
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known to me or has produced (type of Cr
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identification) as identification.
NOTARY PUBLIC
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My Commission Expires:
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C.18.a
DRUG-FREE WORKPLACE FORM
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The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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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
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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 a
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
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employee assistance programs, and the penalties that may be imposed upon employees for as
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). 2tf
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
abide by the terms of the statement and will notify the employer of any conviction of, or plea a
of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any g
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.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
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(Signature)
Date:
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STATE OF:
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COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me on (date) by
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(name of affiant). He/She is personally known to
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me or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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PUBLIC ENTITY CRIME STATEMENT
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"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
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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."
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I have read the above and state that neither (Respondent's name) nor as
any Affiliate has been placed on the convicted vendor list within the last 36 months.
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(Signature)
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Date:
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STATE OF: as
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally known to me or
has produced (type of identification) as
identification.
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NOTARY PUBLIC
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My Commission Expires:
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C.18.a
Respondent's Insurance and Indemnification Statement
Insurance Reauirement Reauired Limits
Worker's Compensation Statutory Limits
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Employer's Liability $1,000,000/$1,000,0001$1,000,000
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General Liability $5,000,000 Combined Single Limit
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Vehicle Liability $5,000,000 Combined Single Limit per as
Occurrence/$5,000,000 Aggregate
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IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS
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, as
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 a
CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the CONTRACTOR, including 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 a
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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 c
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.
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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.
This indemnification shall survive the expiration or earlier termination of the Agreement.
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I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
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Respondent Signature E
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INSURANCE AGENT'S STATEMENT CL
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
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POLICY DEDUCTIBLES
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MONROE COUNTY, FLORIDA as
Request For Waiver
of as
Insurance Requirements
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It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
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Contractor:
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Contract for: F
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Address of Contractor:
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Phone:
Scope of Work:
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Reason for Waiver:
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Policies Waiver
will apply to:
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Signature of Contractor: as
Approved Not Approved
Risk Management:
Date: a
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County Administrator appeal:
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Approved Not Approved
Date:
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Board of County Commissioners appeal: CL
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Approved Not Approved
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Meeting Date:
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RESPONDENT SIGNATURE
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Minority Owned Business Declaration
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a sub-contractor engaged by Monroe County during the completion of work L_
associated with the below indicated project
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(Check one) Cr
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is a minority business enterprise, as defined in Section 288.703, Florida Statutes
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or
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is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is 0
organized to engage in commercial transactions,which is domiciled in Florida, and which is at least 5 1-percent-owned by minority 2
persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has �
been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of
commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons. A
minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include E
ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group
if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the
term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the
spouse of such parent residing in the same house or living unit. U
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F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer L_
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permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in a
this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net .2
worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information. .�
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Contractor Sub-Recipient: Monroe County 2
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Signature Signature
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Print Name: Printed Name: CL
Title: Title/OMB Department: 0
Verified via: https://osd.dms.myflorida.com/directories
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Address: DEM Contract: Z0002
City/State/Zip
Date: FEMA Project Number:
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