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08/21/2019 Agreement
p�.Z.covRrQco Kevin Madok, CPA . .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida oq ROE cOU� DATE: September 24, 2019 TO: Jeff Manning, Sr. Planner Emergency Management FROM: Pamela G. Hanco .C. SUBJECT: August 21"BOCC Meeting Attached is an electronic copy of the following item for your handling: C24 Contract with AFIMAC USA, Inc., the top ranked vendor in response to a Request for Proposals for Standby Emergency Services. Should you have any questions, please feel free to contact me at ext. 3130. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 MONROE COUNTY CONTRACT FOR BASE CAMP SERVICES THIS AGREEMENT is made and entered into this 21st day of August , by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and AFIMAC US, Inc ("CONTRACTOR"), whose address is 15830 Foltz Parkway, Cleveland, OH 44149 Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform, and carry out in a professional and proper manner certain duties as described in the Scope of Services—ATTACHMENT A—which is attached hereto and made a part of this agreement. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Scope of Services—ATTACHMENT A. B. To the extent that Contractor uses employees, subcontractors or independent contractors, this Agreement specifically requires that the employees, subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 1st day of August , 2019 and will conclude on the 1st day of August, 2024 (5 year term). Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the County's Emergency Management Department who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s) will be forwarded to the County Clerk's office for payment. 4.2 Contractor shall invoice the County for services at the Unit Prices set forth in Appendix A. Should additional services not included in Appendix A be required, the additional specific services, and costs for these services, will be mutually agreed upon in writing, and approved by the County Administrator and by the Contractor. Total payments for services under this contract shall be set at a not to exceed amount of six million dollars ($6,000,000) 4.3 This Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. The CONTRACTOR may terminate this Agreement with ninety (90) days' notice to the COUNTY. The COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP which resulted in the award of this Agreement, both the RFP and the contractor's response are made part of this Agreement by reference. The contractor has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Roman Gastesi, Monroe County Administrator 1100 Simonton St. Key West, Florida 33040 To the CONTRACTOR: AFIMAC US, INC. ATTN: President 15830 Foltz Parkway Strongsville, OH 44149 Section 8. Public Records Compliance Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS: CONTRACT; CONTACT THE CUSTODIAN OF PUBLIC 'RECORDS,: BRIAN BRADLEY, AT (305.) 292-3470, bradley-brianemonroecounty-fl gov, :d o Monroe County Attorney's Office, 1111 ..12tn St., Suite 408, Key West FL 33040. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020.- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.:010-1990 or any County officer or employee in violation of Section. 3 of Ordinance No: 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase .prise, or otherwisere.cover the full amount:of any fee, commission, percentage, gift, or consideration:paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that:the execution of this Agreement will not:violate the Public Entities Crime Act: (Section 287.133, Florida.Statutes) Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and::may result in debarment from aunty's competitive procurement activities: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity . crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building Or public work,- may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with:any public:entity,:and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date Of being placed on the convicted vendor list. Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This:Agreement shall be governed by and construed in accordance with the lawS of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative ;proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term; covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction; the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby;:and each remaining term, .covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non- prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. • Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 22. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 23. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 24. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 26. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 27. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 28. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 29. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 30. INSURANCE POLICIES 30.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability. 30.2 Insurance Requirements for Contract Between County And Contractor (Note:amounts of coverage are subject to change in final contract) The Contractor shall be required to maintain the following types and amounts of insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15)days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be terminated without any financial obligations being imposed on the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while Contractor is providing service to County. Worker's Compensation Minimum acceptable limits Workers' Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $100,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee $100,000 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Minimum acceptable limits $1,000,000 CSL Vehicle Liability providing coverage for all owned, non-owned and hired vehicles Minimum acceptable limits $1,000,000 CSL Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate Section 31. INDEMNIFICATION, DEFEND, HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its.obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. Section 32. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200 The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a) and the recipient or sub-recipient 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 sub-recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names.of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. F. - Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. G. Procurement of recovered materials as set forth in 2 CFR§200.322. H. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment • eligibility of all new employees hired by the subcontractor during the Contract term. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. • J. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be,executed on the 0Th day of scftcir►be 2019. (SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest::.Kevin Madok, CPA, CLERK OF MONROE COUNTY, FLORIDA • By. :.: :.. : By G9;v4.aviq Deputy Clerk Roman Gastesi,County Administrator: _ (CORPORATE SEAL) AFIMAC US, Inc ATTEST: IpP By. :.: : . : ... . .. by. : �. . .. Title: Nresident . . rN OE COU rroRN - Pik VE D 0 " PEDRO J. ERCADO c.F ASSISTAti e (I u` c L . a_ La i + - 3: , en "�� b AR), iff* °gip" ., a , -vin Madok, CPA, CLERK MONROE COUNTY """"'omr* `►k: 2 ROE COUNTY, FLORIDA BOARD OFk��UN MISS! NERS By TA- By Deputy Clerk Mayor Sylvia J. Murphy BOCC approved 08/21/2019 ATTACHMENT A: SCOPE OF SERVICES • 1 Scope of Services The County seeks.Base Camp:Services as immediately after an emergency or declared disaster::Such services shall be fully installed and/or ready to-provide the contracted service within 72 hours after release order. : A. Base Carrmp:Facilities The Contractor shall provide billeting using climate-controlled facilities, which include floors, doors, lights, : sleeping cots and:fire extinguishers in accordance with ANSI Z.4.4, NFPA 102, CH 7,8 and 9 and:NFPA 101. :: :. Such billeting shall be fully installed and ready for occupancy within 72 hours after release order..Changes to accommodate increases:or decreases in camp population shall be•completed within24:days after notice. : :: provided by the (POC for Emergency.Contracting). Base camp facility.pricing should be provided as follows: 1). Mobilization Charge asa standalone price.• 2) :A seven (7) Day Weekly:Operations Charge 3) Cost per person/per day based on the seven (7).Day Weekly Operations Charge 4) demobilization charge:as a standalone price. OVERVIEW The:scope calls for a primary contract commercial vendor as the primary source :to:establish specified: emergency crisis: base camps providing total turn- key base camp support:services inclusive of; 1) camp and subcontractor .mobilization, 2) camp site preparation, 3) .installation,= 4) camp management and • operation, and 5) camp demobilization as set forth herein. AFIMAC- shall habituate all authorized. camp occupants with mobile trailer temporary housing structures and other facilities with air conditioning and/or: heating, leveled hard floors, and: providing for Bedding & Linens, Kitchens/Meal Services, Shower Units, Laundries/Service;'Restrooms (Toilets),:Hand:Wash Units, "Certificated" Potable (Drinking) Water, On-Site Removal of Black/Gray Water and Associated On-Site • Sanitation Systems, Power.Generation:and Camp Lighting: The primary contract commercial vendor will:be responsible for all requisite ablution equipment:and commodity reordering necessary to support the camp (including but not limited to) Kitchen/Food Services, Showers, Laundries; and Restrooms: Base Camp Type :Personnels - . Type ISupport 2000+ Type II Support 1501-2000 Type III Support 1001-1500_ Type IV Support ` 751-1000 Type V Support .. :... : 501-750 Type VI Support 251-500`. .: Type VII Support 101-250 ::.. Should the need not require a full base camp solution, an individual Work Order for the tasks of Kitchen/Food Services andtor Showers and/or Laundries and/or Porta-Lets and/or Porta-Trailers may be issued. STATEMENT OF WORK AFIMAC is to provide all services .in.. accordance.. with Monroe County's ."Operations .Plan". CONTRACTOR'S Scope of Basic Services consists of. those described in Attachment A. :The CONTRACTOR shall commence work on the services provided or in. this Agreement.promptly upon hiS receipt of a written notice to proceed from the COUNTY. The notice to proceed will then be formulized in the form of a task order and will contain a description of the services to be performed, and the time within which services will must be performed. Monroe County can expect a:full operational crisis response within ninety-six (96) hours of notification as defined in the Mobilization Plan:of the Management Plan located on page 38. Monroe County can expect the:services to be established and completely operational within forty-eight to seventy-two hours (48.-72) ours: A) PROJECT DELIVERABLES--:Basecarnp AFIMAC will facilitate the following deliverables as outlined in the Operations Plan of the Camp Management Plan and;all sub- requirements as specified for: Housing Kitchen Facilities Dining Facilities Rest and Relaxation Tent Administration&Clinic Tent Meals Showers/Sinks/Toilets • Generators&HVAC Laundry Fresh Water' • Gray Water Storage/Removal' Black Water Containment;&;Removals Fuel Signage Security . ' Unless water and sewer are available on- site and directed as unnecessary by Monroe County during the P.O. issuance process. _ APPENDIX A: UNIT PRICING A) Base Camp Facilities In order to provide a firm-fixed price for base camps, AFIMAC must delineate the number of personnel for which it mobilized as a fixed number. While AFIMAC recognizes the reason for a sliding scale of personnel to be supported, a headcount difference of twenty-five percent(25%)prohibits the ability to provide firm fixed pricing.There are ablution and ancillary support costs incurred that cause a reduction in personnel to increase the per person/per day rate. To be considered in accordance with the Base Camp Types, AFIMAC's proposal and pricing is set on the mobilization and pricing of the highest number of personnel in a base camp type. BASE CAMP PRICING-WITH PORTA-LETS(OPTION 1)-There is a two-week operations phase minimum;exclusive of mobilization and demobilization. Type I--2000+Person Camp Mobilization Type II Plus Additional Type Camp Mobilization Cost Weekly Operating Costs Type II Plus Type Camp Operating Costs Demobilization Type II Plus Additional Type Camp Demobilization Cost Type II--2000 Person Camp Mobilization $1,250,927.00 Weekly Operating Costs $3,276,941.00 $234.07 Per Person/Per Day Demobilization $609,855.00 Type III--1500 Person Camp Mobilization $1,018,774.00 Weekly Operating Costs $2,640,986.00 $251.52 Per Person/Per Day Demobilization $509,918.00 Type IV--1000 Person Camp Mobilization $752,710.00 Weekly Operating Costs $1,917,049.00 $273.86 Per Person/Per Day Demobilization $390,690.00 Type V--750 Person Camp Mobilization. $583,049.00 Weekly Operating Costs $1,485,283.00 $282.91 Per Person/Per Day Demobilization $301,741.00 Type VI--500 Person Camp Mobilization $435,685.00 Weekly Operating Costs _ $1,090,381.00 $311.54 Per Person/Per Day Demobilization $228,295.00 Type VII--250 Person Camp Mobilization $295,103.00 Weekly Operating Costs $740,254.00 $423.00 Per Person/Per Day Demobilization $156,709.00 BASE CAMP PRICING WITH PORTA-TRAILERS(OPTION 2)-There is a two-week operations phase minimum;exclusive of mobilization and demobilization. Type I--2000+Person Camp Mobilization Type II Plus Additional Type Camp Mobilization Cost Weekly Operating Costs Type II Plus Type Camp Operating Costs Demobilization Type II Plus Additional Type Camp Demobilization Cost Type II--2000 Person Camp. - . Mobilization $1,510,213.00 Weekly Operating Costs $3,881,941.00 $277.28 Per Person/Per Day Demobilization $696,284.00 Type III--1500 Person Camp Mobilization $1,213,238.00 Weekly Operating Costs - $3,094,736.00 $294.74 Per Person/Per Day Demobilization $574,740.00 Type IV--1000 Person Camp Mobilization $898,988.00 Weekly Operating Costs $2,258,460.00 $322.64 Per Person/Per Day Demobilization $438,039.00 Type V--750 Person Camp Mobilization $681,674.00 Weekly Operating Costs- $1,715,753.00 - $326.81 _ -- Per Person/Per Day Demobilization $334,685.00 Type VI--500 Person Camp Mobilization $500,506.00 Weekly Operating Costs $1,241,631.00 $354.75 _ Per Person/Per Day Demobilization $249,902.00 Type VII--250 Person Camp Mobilization $328,907.00 Weekly Operating Costs $819,129.00 $468.07 Per Person/Per Day Demobilization $167,977.00 - FENCING PRICING Linear Price Category Mobilization Feet Price/Week PP/PD Demobilization Type I _ $44,491.20 8,600+ $36,980.00+ $2.64+ $44,491.20 Type II $44,491.20 8,600 $36,980.00 $2.64 $44,491.20 Type III $44,491.20 8,600 $36,980.00 $3.52 $44,491.20 Type IV $22,245.60 4,300 $18,490.00 $2.64 $22,245.60 Type V $22,245.60 4,300 $18,490.00 $3.52 $22,245.60 Type VI $22,245.60 4,300 $18,490.00 $5.28 $22,245.60 Type VII $22,245.60 2,508 $10,784.00 $6.16 $22,245.60 PERSONNEL HOURLY RATES&SERVICE PRICING Personnel/Service Rates Project Manager $66.00/hour _ Project Administrator $55.00/hour Security Officer(s) $38.00/hour Chef(s) $41.00/hour Cook(s) - $37.00/hour Driver(s) $48.00/hour Utility $38.00/hour RN/Paramedic $95.00/hour Nurse Supervisor/NP/Physician Assistant $114.00/hour Physician $315.00/hour Fuel Distribution Personnel $48.00/hour Unskilled Labor $38.00/hour Per Diem $45.00/day Communication Equipment $50.00/week Rental Vehicles $250.00/day Hotel Accommodations Actual Rate plus 10% Airfare _ Actual Rate plus 10% Food AFIMAC will acquire provisions for Monroe County in the most cost-effective manner. Provisions are billed at actual cost plus a handling We of 12%. At the conclusion of the contract,Monroe County shall be responsible for taking possession of all perishable and non-returnable items, such as fresh fruits and vegetables,pastries, bakery products, dairy products,candies,tobacco products, personal items, broken cartons,etc. We will take charge of all returnable items and credit Monroe County's account for cost, less suppliers' restocking charge, transportation,and unloading costs. Perishable food and supplies become Monroe County's property at the time of purchase. AFIMAC Ala Carte Equipment Price List-Disaster Response Equipment Item Weekly Rental Rate Mileage Rates/Mile*" 2 Dr Freezer 300.00 2 Dr Refrigerator 300.00 8'Tables 35.00 • Area Heaters(Not Including Fuel) 150.00 Beds&Linen 40.00 Box Reefer • - 1,250.00 $4.95 or$52.50 hr. • Box Truck 950.00 $4.95 or$52.50 hr. • Chafing Dishes 15.00 Chairs • 5.00 Chest Freezer 225.00 Coffee Maker 50.00 Communication Equipment 50.00 Convection Oven - 250.00 • Deep Fryer 175.00 Dining Trailer* 8,200.00 $4.95 or$52.50 hr. Dormitory Trailer* 4,500.00 $4.95 or$52.50 hr. Dry Trailer 350.00 $4.95 or$52.50 hr. Dryers 200.00 Dumpsters 555.00 Extension Cords 20.00 Food Warmer 250.00 Forklifts 2,550.00 Fuel Truck(diesel) 750.00 $4.95 or$52.50 hr. Fuel Truck(gasoline) 750.00 $4.95 or$52.50 hr. Generators 3,000.00 Grill 100.00 _ Hand wash Stations 357.00 Kitchen Trailer* 9,500.00 $4.95 or$52.50 hr. Laundry Bags/Pins 10.00 Light Strings 50.00 Linen Sets 20.00 Medical Trailer* 8,200.00 $4.95 or$52.50 hr. Microwave Oven . _ 100.00 Mobile Laundry Trailer* 6,500.00 $4.95 or$52.50 hr. Mules 1,025.00 MWR Trailer* 8,200.00 $4.95 or$52.50 hr. Port-a-Lets 225.00 Portable Flood Lights(300 Watt) 200.00 Portable Water Hauling Truck* 12,500.00 $4.95 or$52.50 hr. Range 250.00 Recreation Equipment 3,000.00 Refrigerator Trailer 750.00 $4.95 or$52.50 hr. Restroom Trailer 6,500.00 $4.95 or$52.50 hr. Salad Bar 250.00 Shower Trailer* 10,500.00 $4.95 or$52.50 hr. Slicing Machine 125.00 Small Wares 200.00 Steam Table 275.00 Soup Croc 25.00 Toaster 25.00 Tractor 975.00 $4.95 or$52.50 hr. Vacuum Pump Sewage Truck* 12,500.00 $4.95 or$52.50 hr. Washers 200.00 Fuel Actual Cost plus 20% **Transportation charges are per vehicle or tractor-trailer combination. *Four(4)Week Minimum US23 • AC DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Janice Home NAME: Commercial Lines-(216)777-2800 PHONE 216.777.2802 FAX (A/C,No,Eat): (A/C,No): USI Insurance Services LLC E-MAIL ADDRESS: janice.horne@usi.com 1301 East 9th Street,Suite 3800 INSURER(S)AFFORDING COVERAGE NAIC# Cleveland,OH 44114-1874 INSURER A; Scottsdale Surplus Lines Ins Co 10672 INSURED INSURER B: Motorists Mutual Insurance Compamy 14621 AFIMAC U.S.Inc. INSURER C: Florida Workers Comp Joint Underwriting Assoc 15830 Foltz Parkway INSURERD: INSURER E Strongsville,OH 44149 INSURER F: COVERAGES CERTIFICATE NUMBER: 14512251 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE INSD ADDL SUER WVO POLICY NUMBER POLICY EFF POLICY EXP LIMITS {MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY BCH0000690 5/10/2019 5/10/2020 EACH OCCURRENCE ' S 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S X Professional MED EXP(Any one person) S PERSONAL&ADV INJURY S 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: GEN AGO-ALL LOCATIONS S 5,000,000 B AUTOMOBILE LIABILITY 5000058520 7/09/2019 5/10/2020 COMBINED SINGLE LIMIT I$ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ S C WORKERSND LIATIONILIT PE6FR13UB6G44330119(FL) 2/14/2019 2/14/2020 X STATUTE ER" AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERJMEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors&Omissions BCH0000690 5/10/2019 5/10/2020 Security&Patrol $1,000,000 Each Claim (Unarmed&Armed) $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe Couty BOCC is named as additional insured as it relates to General Liability and Automobile in accordance with the terms and conditions of the policies. AQPHQj 'D RISK f>: MENT BY DATE._ CERTIFICATE HOLDER WA) W � �= CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 490 63rd St.,Suite 150 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Marathon,FL 33050 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) (this certificate replaces certificate#14512250 issued on 9/5/2019) Ballard-Lindsey. From: Campo-Abra Sent: Tuesday, September 10, 2019 1:06 PM ` RECEIVED To: Ballard-Lindsey Subject [-RE:-8/21/19_Item_C24 Contract for Base Camp) SEP 16 2019. Follow Up Flag: Follow up MONROE COUNTY ATTORNEY Flag Status: Completed (Pammhas_the-insurance certificate-signed-by Maria._.Please-go-ahead-and send-her-the contract . From: Ballard-Lindsey<Ballard-Lindsey@MonroeCounty-FL.Gov> 7F7,0_1*-lV014... Pa-I?'? / Sent:Wednesday, September 4, 2019 9:59 AM To: Campo-Abra <Campo-Abra@monroecounty-fl.gov> Subject: RE: 8/21/19 Item C24 Contract for Base Camp Good morning.Abra—the contract is signed.Just need the insurance.from Jeff. Have you received it?Also-am I treating this as a small contract? • Lindsey Ballard Aide to Roman Gastesi, County:Administrator ut06,14.t • 1100 Simonton Street, Suite 2-205 Key West, FL 33040. �Q ,[ , (305)292-4443 (Office) :. (305)393-4442 (Cell Phone) (305)292-4544 (Fax) Courier Stop#1 Ballard=Lindsey@monroecounty-fl.gov ` www.monroecounty-fl.gov Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM 'THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE r0 "ME PUBLIC AND MEDIA UPON REQUEST.. YOUR EMAIL COMMUNICATION MAY 13E SUBJECT TO PUBLIC DISCLOSURE. Please consider the environment when .' deciding whether to ptintthis email, y., From: Campo-Abra <Campo-Abra@monroecounty-fl.gov> Sent: Friday,August 30, 2019 9:52 AM To:Ballard-Lindsey<Ballard-Lindsey@MonroeCounty-FL.Gov> Subject: 8/21/19 Item C24 Contract for Base Camp 1 Pam Hancock From: Mercado-Pedro <Mercado-Pedro@MonroeCounty-FL.Gov> Sent: Tuesday, September 24, 2019 10:35 AM To: Pam Hancock Subject: RE:AFIMAC US,Inc. Pam, I concur with the waiver Maria issued for AFIMAC US, INC. Please proceed with processing. OP ib ��' y� Pedro Mercado Assistant County Attorney 1111 12th Street,Suite 408 doi?4�41 ,,Ac9 Key West, FL 33040 (305) 292-3470 CITY,COIJN'fY (305) 292-3516 (fax) &LOCAL GO'ERNMENIT LAW From: Pam Hancock [mailto:phancock@monroe-clerk.com] Sent: Monday,September 23, 2019 3:19 PM To: Mercado-Pedro<Mercado-Pedro@MonroeCounty-FL.Gov> Subject: FW:AFIMAC US, Inc. CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Wanted to make sure you got this. �� �yp'Y�yeteouar�l` Pamela �. Hancock �r�CT.•-,; 44:/L . '. }� Kevin Madok,CPA Q r` a� j l r �Y Cleric of the Circuit Court&Comptroller �/ �1 i�j�� . �j Post Office Box 1980 Y'�,'• . fl�. 1* Key West 1 L 83041-1980 ..c -� ~.Yes `' (305)292-3550 From: Pam Hancock Sent: Thursday, September 19, 2019 8:38 AM To: 'Mercado-Pedro@monroecounty-fl.gov' Cc: Pam Radloff; Kevin Madok(kmadok@monroe-clerk.com) Subject: AFIMAC US, Inc. Good Morning Pedro, Per our conversation yesterday, attached is the base camp contract. Page 12 is the portion of the contract that sets the insurance limits; professional liability is$1 million per occurrence; and $2 million aggregate. Page 3 is the COI with professional liability at$1 million per occurrence; and $1 million aggregate. Page 2 shows where Maria gave a waiver reducing the aggregate to$1 million. This is a potential $6,000,000.00 contract, so I cannot accept this for the record or execute the document with the Mayor's signature without something in writing from you approving her waiver. 1 2018 Edition MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS 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. AFIMAC U.S.,Inc. Contractor/Vendor: Project or Service: Emergency Standby Services Contractor/Vendor 15830 Foltz Parkway-- Strongsville, OH--44149 Address&Phone th 1.440.878.7600 or 1.800.554.4622 General Scope of Work: Emergency Standby Services Insurance limits only to 1M/1M Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Professional Liability 9/544A' Signature of Contractor/Vendor. Date: Approved Not Approved Risk Management Signature: (./C-L20 Date: -1 -1 K1`I 6 County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Administrative Instruction 7500.7 10.1