Item G15 G.15
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
November 20, 2019
Agenda Item Number: G.15
Agenda Item Summary #6252
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Julie Cuneo (305) 292-4460
N/A
AGENDA ITEM WORDING: Approval of Amendment One to Task Order with CDR Maguire,
Inc. for FEMA Program consulting services relating to Hurricane Irma, revising the Task Order to
include language that clarifies the Not-To-Exceed Budget Estimates.
ITEM BACKGROUND: The Task Order approved by the Board on September 5, 2019 for FEMA
Program Consulting Services by CDR Maguire, Inc. is being amended to add language to clarify the
Not-To-Exceed Budget Estimates and Rates. There is no change to the original Total Not-To-
Exceed amount of$574,230.25.
PREVIOUS RELEVANT BOCC ACTION: The Board approved to award contract and enter into
an agreement with CDR Maguire, Inc. for FEMA Program Consulting Services and approved a Task
Order to perform consulting services for the County relating to Hurricane Irma disaster recovery at
its September 5, 2019 meeting.
CONTRACT/AGREEMENT CHANGES:
Clarify Budget Estimates
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Executed Agreement CDR Maguire
Task Order One CDR Maguire
Amendment One Task Order CDR Maguire Inc
FINANCIAL IMPACT:
Effective Date: 9/5/19
Expiration Date: 9/5/2024
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G.15
Total Dollar Value of Contract: Not-To-Exceed $574,230.25
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted:
Source of Funds: 125-0459110
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: FEMA
County Match:
Insurance Required: Y
Additional Details:
There is no increase to the Not-To-Exceed amount of the Task Order.
REVIEWED BY:
Tina Boan Completed 11/05/2019 2:45 PM
Christine Limbert Completed 11/05/2019 3:48 PM
Maria Slavik Completed 11/06/2019 8:44 AM
Kathy Peters Completed 11/06/2019 9:38 AM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: September 24, 2019
TO: Julie Cunco, Administnitor
M-magenient& Business Services 2
FROM: Pwnela G. H.uic4.C.
SLTBJECT: September 5' BOCC Meeting
Enclosed is a duplicate ori6iii;d ol'eacli ol'flic following itenis for your liandling-
C I Agreement xvilli CDR Mapire, Inc. for FL,MA Consulting Serviceswid approwd of' 0
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'1'ask Order to perlbriii consulting services for die County relating to on-going disaster recovery U)
From Hurricme Irma. i M
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N I Task Order Two lo perf'onn FEMA Consulting Services flor die County relating to
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disasicr recovery 1rom Hurricme Dorim. Motion ciu-ried unminiously.
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Should you have wi5l questions, please feel free to contact ine at (305) 292-3550.
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High RAM 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 305-81 Packet Pg. 1919
G.15.a
Agreement For FEMA Program
Consulting Services
This Agreement ("Agreement") made and entered into this 5th day of September, 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 to
as "COUNTY,"through the Monroe County Board of County Commissioners ("BOCC"),
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AND
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CDR Maguire, Inc., a corporation of the State of Florida whose address is P. O. Box 771750,
Miami, FL 33177 its successors and assigns, hereinafter referred to as"CONTRACTOR" or
"CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR
for Federal Emergency Management Agency (FEMA) Program Consulting Services; and 19
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WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing FEMA Program Consulting Services, which services shall collectively
be referred to as the"Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
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1.1 REPRESENTATIONS AND WARRANTIES �s
By executing this Agreement, CONSULTANT makes the following express representations and E
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;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed by CONSULTANTs and associated costs and shall be in conformity and comply
with all applicable law, codes and regulations. The CONTRACTOR warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies, therefore
eliminating any additional cost due to missing or incorrect information;
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1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
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
CONSULTANT.
1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the CONSULTANT
or any of his/her employees, contractors, servants, or agents to be employees of the Board
of County Commissioners for Monroe County.
1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, 19
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color, national origin, sex, age, or any other characteristic or aspect which is not job related, iM
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.
1.1.9 The effective date of this AGREEMENT shall be September 5, 2019. 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 E
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
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
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.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both.
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G.15.a
2.3 NOTICE REQUIREMENT
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:
Julie Cuneo
1100 Simonton Street, Suite 2-213
Key West, Florida 33040
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And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONSULTANT:
Andre Duart
President of Emergency Management Sr. VP
PO BOX 771750
Miami, FL 33177
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III are Additional Services that may be provided by the
CONSULTANT and are not included in Basic Services. If requested by the COUNTY, the
Additional Services shall be paid for in addition to the compensation paid for the Basic
Services but shall be in accordance with the pricing/rates set forth in this Agreement and
only if approved by the COUNTY before commencement.
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3.2 Additional Services may include, but are not limited to the following:
A. Providing services of CONSULTANT for other than the previously listed scope of the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or notcustomarily
fumished in accordance with generally accepted FEMA Program Consulting Services.
C. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.3 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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G.15.a
ARTICLE IV
C S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county-maintained roads, and any available maps.
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
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-conformance
with the Agreement Documents. Written notice shall be deemed to have been duly served if
sent pursuant to paragraph 2.3.
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4.4 The COUNTY shall furnish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S 0
services and work of the contractors. -19
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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.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has 2
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
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 attomey's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by CONSULTANT or its Subcontractor(s)in any tier, occasioned by the negligence,errors,
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
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.
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.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
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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 3
individuals will perform those functions as indicated:
NAME FUNCTION 19
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Katrinka Bailey Project Manager
Other personnel to be determined 0
So long as the individuals named above remain actively employed or retained by the CONSULTANT,
they shall perform the functions indicated next to their names. If they are replaced the
CONSULTANT shall notify the COUNTY of the change immediately.
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A-RIlgLE VII
COMPERAMION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S E
performance of this Agreement based on pricing/rates agreed upon and shown in Attachment
A.
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G.15.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.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed
by amendment to this Agreement after execution of this Agreement or Task Order,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
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 as the COUNTY may require,
including but not limited to back up documentation sufficient for reimbursement of
expenses by FEMA or other governmental agencies.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.70, Florida Statute.
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7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbursable expenses.
7.4 BUDGET E
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 0
Board members at the time of contract initiation and its duration. 2
ARTICLE VIII
PRANCE AND BONDS
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8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance ..
at all times that this Agreement is in effect. In the event 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 the
COUNTY from any and all increased expenses resulting from such delay,
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G.15.a
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better,that is licensed to business in the State of Florida and that has an agent for service
of process within the State of Florida. The coverage shall contain an endorsement providing
sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said
coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease,
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. -19
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D. Commercial general liability, including Personal Injury Liability, covering claims for injuries
to members of the public or damage to property of others arising out of any covered act
or omission of the CONSULTANT or any of its employees, agents or subcontractors or
subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence
and annual aggregate.
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. Professional Liability Insurance Requirement with minimum limits of liability $1,000,000
per Occurrence/$2,000,000 Aggregate. If coverage is provided on a Claims made basis, E
an extended claims reporting period of four(4) years will be required.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. 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.
H. 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
COUNTY reserves the right to require a certified copy of such policies upon request.
1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
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The required. In addition,the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
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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.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
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
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its <
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
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.
9.6 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.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
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 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
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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 CONTRACTOR the sum due to the CONTRACTOR under this agreement prior
to termination, 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.
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 to the CONTRACTOR under this agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the spending cap in this
Agreement, which is $5 million.
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E. For Contracts of any amount, if the County determines that the Contractor/Consultant has iM
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met. E
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 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 E
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 Attachment A Scope of Work and
Pricing, 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
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 2
the convicted vendor list.
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
this section shall result in termination of this Agreement and recovery of all monies paid
hereto and may result in debarment from COUNTY's competitive procurement activities.
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 U)
formally charged with committing an act defined as a "public entity crime" regardless of the iM
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
CONSULTANT is formally charged with an act defined as a"public entity crime" or has
been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT .�
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 E
the Agreement and seven years following the termination of this Agreement or three years
from the submission of the final expenditure report as per 2 CFR §200.333, whichever is
greater. 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.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; subcontract files(including proposals of successful
and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original
estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
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rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as
"County Clerk")to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under
or covered by any contract document(all foregoing hereinafter referred to as"Records")shall
be open to inspection and subject to audit and/or reproduction by County's representative
and/or agents or the County Clerk. County or County Clerk may also conduct verifications
such as, but not limited to, counting employees at the job site, witnessing the distribution of
payroll, verifying payroll computations, overhead computations, observing 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 Records, assets, and activities relating to this Project. if any auditor
employed by the Monroe County or County Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Contractor shall repay the monies togetherwith interest calculated pursuant to Section 56.03,
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. U)
9.9 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 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 160' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the E
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
�s
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 E
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
stricken provision.
9.11 ATTORNEY'S 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
interpretation of the Agreement,the prevailing party shall be entitled to reasonable attorney's
fees and court costs, as an award against the non-prevailing party, and shall include
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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.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action, 5
as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
�s
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 -19
19
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and
confer sessions to be commenced within 15 days of the dispute or claim or as soon as
practicable. 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 law.This Agreement is not subject to arbitration.Any claim or dispute E
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. 5
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 E
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.
9.17 NONDISCRIMINATIONIEQUAL EMPLOYMENT OPPORTUNITY
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 nondiscrimination. These include but are not limited to: 1)Title VII of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color, religion, sex and national origin; 2) Title IX of the Education Amendment of 1972, as
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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 °5
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal 19
U)
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Camp., p. iM
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows:
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. E
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 5
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.
X
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
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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 U)
contract or with any of such rules, regulations, or orders, this contract may be canceled, iM
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.
8) The Contractor will include the portion of the sentence immediately preceding paragraph E
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such E
litigation to protect the interests of the United States.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest,which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
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
I Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
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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.
9.20 NO SOLICITATIONIPAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for
it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the provision, the
CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
a
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 U)
Constitution of Florida. The County and CONSULTANT 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 CONSULTANT 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 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 E
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 CONSULTANT is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT
is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the CONSULTANT does not
transfer the records to the County.
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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, upon request from the County's custodian of records, in a format
that is compatible with the information technology systems of the County.
a
(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 reasonable time.
If the CONSULTANT does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon U)
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 may be subject to penalties under section119.10, Florida Statutes.
The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONSULTANT S QUESTIONS REGARDING THE
,&PPLICATION OF CHAPTER
CONSUL,TANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO TIFUS CONIMCT. CONTACT THE CUS D OF PUBLIC
DRUDJa,MONROECOUNTY-FL.GOV, , , MONROE COUNTY
ATTO Y'S OFFICE 1111 121 StreetSUITE 408 Y T F E
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
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
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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.
9.24 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.
9.26 NON-RELIANCE BY NON-PARTIES -19
U)
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
contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH 1N NEGOTIATION
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
the compensation pursuant to the Agreement are accurate, complete, and current at the time E
of contracting. The original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which the agency determines the contract 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
Agreement.
X
9.27 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.
III.
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9.28 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.
9.29 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as
amended, including but not limited to:
9.29.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program, all prime
construction contracts in excess of$2,000 awarded by non-Federal entities must comply with U)
the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If applicable,
the COUNTY must place a current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned E
upon the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, 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 (it does not apply to
other FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. §
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or 0
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 compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference
into this contract.
(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 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.
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(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.
9.29.2 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under 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.
9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the 19
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and 0
any implementing regulations issued by the awarding agency.
9.29.4 Clean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act 33 U.S.C.
1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C.
7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—
applies to Contracts and subgrants of amounts in excess of$150,000.
9.29.5 Debarment and Suspension Executive Orders 12549 and 12889 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 Camp., 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.
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
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
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 thereunder, and the assurance by the CONTRACTOR pursuant thereto.
9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the 0
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity U)
to participate in the performance of contracts financed in whole or in part with COUNTY funds iM
under this Agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that
DBE's have the opportunity to participate in the performance of this Agreement. In this regard,
all recipients and contractors shall take all necessary and reasonable steps in accordance with
2 C.F.R. § 200.321 (as set forth in detail below), applicable federal and state laws and
regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.
The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
°
2 C.F.R. 4 200.321 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, E
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(i) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(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;
(s) 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.
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(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1)through (5) of this section.
9.29.11 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
°
9.29.12 Access to Records: Contractor/Consultant and their successors,transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security(DHS)and the Federal Emergency Management Agency's
(FEMA) access to records, accounts, documents, information, facilities, and staff.
Contractors/Consultants must 1. cooperate with any compliance review or complaint
investigation conducted by DHS 2. Give DHS access to and the right to examine and copy
records, accounts, and 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. U)
3. Submit timely,complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
9.29.13 DHS Deal. Logo and Flags: Contractor shall not use the Department of Homeland Security
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 E
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.
9.30 FDEM requirement
9.30.1 If any portion of this agreement is funded by the Florida Department of Emergency E
Management.The CONTRACTOR will be bound by the terms and conditions of the Federally-
Funded Subaward and Grant Agreement between COUNTY and the Florida Division of
Emergency Management(Division).
9.30.2 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONTRACTOR's performance of work under this
Agreement, to the extent allowed and required by law.
The Remainder of this Page Intentionally Left Blank
�I 1
Packet Pg. 1940
G.15.a
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized
re resentative on the day and year first above written.
L BOARD OF COUNTY COMMISSIONERS
tt N MADOK, Clerk OF MONR9P COUNTY, FLORIDA
F '
%
.,.
1 By:
rk Mayo rl ai an
`�+®MflMUW6e �
o
Date:
(Sea CONTRACTOR
Atte t:
BY*
y.
Hahp 19
Tii Title: I
DVIRES. 4 2023
k"dW TIn� y
END OF AGREEMENT
a
NOE COUNTy ATMRNEy
U
ASSISTANT g1U,'NTV
x
Packet Pg. 1941
G.15.a
ATTACHMENT A
SCOPE OF WORK AND PRICING
The Respondent awarded a contract shall provide the Federal Emergency Management Agency (FEMA)
Program Consulting Services described herein. These services include, but are not limited to:
• General FEMA Program, including but not limited to the Public Assistance program, Sheltering and
Temporary Essential Power(STEP), Hazard Mitigation Grant Program (HMGP), grant management
advice and assistance, insurance advice and assistance, procurement advice and assistance,
• Assistance with development and ongoing activities with a team of County employees to manage U
the FEMA Public Assistance process, and other eligible FEMA programs as needed by the County
• Assistance with preparation of correspondence to State of Florida and FEMA when required,
• Advice as to eligibility of expenses,
• Assistance in meeting deadlines imposed by FEMA and the State of Florida for documentation,
appeals, completion of work, etc., U)
• Review of current County policies and assistance with development and documentation of new
0
County policies to ensure compliance with FEMA and State of Florida requirements and guidelines,
• Assistance with hazard mitigation proposals, alternate projects, and improved projects to protect
the County's interests,
• Assistance with preparation of large and small project worksheets, so that scope of work is accurate E
and comprehensive, estimates are accurate, expenses are eligible and documented, and that
projects are categorized as small or large in a manner that ensures prompt and sufficient
reimbursement to the County,
• Assistance with dispute resolution and appeals,
• Periodic reports to management as to status of FEMA Public Assistance process and progress and
status and progress other FEMA programs that the County may become eligible for post disaster,
• Assistance with project final inspections, closeout, and audits, and
• Other related activities as requested by the County.
x
3
Packet Pg. 1942
G.15.a
Pricing
In
Project Exec !22 .00 265.00EOC Support $ 00 $ 175�.00
Project Manager $ 165.00 1 $ 205,,,00
SME $ 220.00 $ 260.00
Client Liaison 150.00 $ 190.00
Assistant Project Manager 155.00 $ 195.00
Sr, Grants Specialist 145„00 $ 185.00
Grants Specialist 125.00 $ 165.00 g,
Hazard Mitigation Specialist $ 135.00 175.00 _
Environmental Specialist $ 115.00 $ 155.00
Data Analyst $ 100.00 140.00
Site Inspector $ 100.00 $ 140M
r. Engineer 210.00 $ 250.0 U)
Mid Engineer 160.00 $ 200.00 o
Jr. Engineer $ 100.00 $ 140.00 as
Sr.Architect 210.00 $ 250.00
Mid Architect $ 160.00 200 00
Jr.Architect $ 100.00 $ 140.00
Construction Mgr. $ 135.00 $ 175.00
GIS Specialist $ 100.00 $ 140.00 _
Admin 40.00 40.00
°
base hourly rate does not include "out-of-packet"costs, such as travel, lodging, meals,
I.-supplies. etc.
* Included In"fully loaded"hourly rate: lodging, per diem, and overhead t3
These rates will be held firm for the first three years through August 31,2022. For each additional year,the rates will increase
to match the Consumer Price Index(CPI),with a cap at three(3)percent annually,
c
x
24
Packet Pg. 1943
G.15.a
RESPONSE FOE
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No. (s) 1, 213. 4
°
1 have included
• Response Form _X
• Lobbying and Conflict of Interest Clause X_
• Non-Collusion Affidavit X
• Drug Free Workplace Form X
• Public Entity Crime Statement
• Monroe County occupational license and relevant 0
City occupational licenses are required to be -19
19
obtained within ten days of award of the contract �� M
0
I have included a current copy of the following professional and occupational licenses:
Florida Certificate of StajUl gnd Florida Professional Engineering License, 0
( ) E
Mailing Address: P.O. Box 771750 Telephone: (786)236-8534 0
Miami, FL 33177 Fax: (786)235-8501 .�
°
Date: 7126119
J
P
Signed: Witness:
.'DWI,NIIry td
A dre-Kart
Corporate Seal: ��GUlR w,,µ
(Print Name)
Sr- Virg I2[aSFrjPnt I President Emergency Management Division A%1. 4-=Er�•r
(Title) L' °1
3B ,.
STATE OF: Coloradn
COUNTY OF: Boulder ' ,
Subscribed and swom to(or affirmed) before me on '
(date) by. Andre Quart (name of affiant). He/She is personally known to
me
or has produced Ddyers License (type of identification) as
identificati f�
r % rgr �
n
NOTARY PUBLIC My Commission Expires.. 12-12-21
„.
A',
319
Packet Pg. 1944
CERTMCATE OF CORPORATE AUTHOR1TY
At a duly authorized meeting of the Board of Directors of CDR MAGUIRE INC.
FEBRUARY 20, 2019 it was VOTED that. (Name of Corporation)
held on
(Date)
ANDREA. DUART SENIOR VICE PRESIDENT
(Name) ffitle)
of this corporation, be and hereby is authorized to submit bids and proposals, execute contracts,
deeds and bonds in the name and behalf of said corporation, and affix its corporate seal thereto,
and such execution of any contract or obligation in this corporation's name on its behalf of such
SENIOR VICE PRESIDENT under seal of the corporation, all be valid and binding upon this 0
(Title) -19
U)
corporation. i M
A TRUE COPY, 0
ATTEST: KATRINA KERR
0
TITLE: SECRETARY
E
'a
P
16267 SW 157 AVENUE,MIAMI,FL 33187 LACE OF BUSINESS:
E
JULY 24, 2019
1 hereby certify that I am the Clerk of CDR MAGUIRE INC. and that ANDRE A. DUART
(Corporation) (Name)
is duly elected SENIOR VICE PRESIDENT
of said corporation,and that the above vote has not
been amended or rescinded and remains in full force and effect as of the date of this
Certification. E
lvj-41� lv
U (Clerky
CORPORATE SEAL:
w
ON:&
ca
Packet Pg. 1945
G.15.a
State of Florida
�
Department of State
I certify from the records of this office that CDR MAGWRE INC.is a Delaware
°
corporation authorized to transact business in the State of Florida, qualified on
December 16, 1971.
The document,number of this corporation is 827186.
I further certify that said corporation has paid all fees due this office through
December 31, 2019, that its most recent annual reportluniform business report 19
U)
was filed on February 11, 2019, and that its status is active. im
0
I further certify that said corporation has not filed a Certificate of Withdrawal,
Given under vV band and Are
Great Seal of9re State of Flmi&
at Talkhasree, the Capes Otis
fire TwenV fourth dap ofJu6t, �s
2019
m �1 7C
{
t ; Secretary of State E
TrackingNumber:0 5413496D4CU
To authentkate this certmcate,visit the folkming site,enter this number,and then
fgAlaw the instructions displayed.
bttps:llservices.sunbh.org/FlMgOCertificatEOfStatus/CertificateAuthentkntimt
„r
Packet Pg. 1946
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N��Packet P9. 1947
G.15.a
L913BYING AND CONFLICT OF T T C AUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
U CDR Maguire, Ing.
(Company)
"...warrants that hest 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 19
employee." U)
0
{Signature} � �
E
Date: 7/26/19
STATE OF: Colorado
COUNTY OF: Boulder
Subscribed and sworn to (or affirmed) before me on 7/26/19
�s
(date) by Andre Quart (name of affint). He/She is persons
known to me or has produced Drivers License (type of
identification) as identification.
............................
�I (Y ARY PUBLIC
�
�v°nl � ,vrU ,b�r�rrd��,� �� 12-12-21 �
r Jr�b,,,t,r"'1 ,,
My Commission Expires:
r l rU ullyw
N"'i
�gp!''�U
i� �rf r,,,�rr rlrre�r�, fi ir,%il i J,II� o� V�fI �r rUl % irr�t
�Yr rr r,
40
Packet Pg. 1948
G.15.a
NOS-CQL S ID yIT
I, Andre Duart of the city of Boulder according to law on my
oath, and under penalty of perjury, depose and say that
1. I am Sr.vice President I President Eme[gency Management Division of the firm of
CDR Maguire, Inc. the bidder making the
Proposal for the project described in the Request for Proposals for
FEMA Pr2graM Consulting Services- and that I executed the said
proposal with full authority to do so;
�s
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have 19
not been knowingly disclosed by the bidder and will not knowingly be disclosed bythe U)
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor, and
4. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature)
Date: 7126119
STATE OF: E
COUNTY OF: Boulder
Subscribed and sworn to (or affirmed) before me on
x
(date) by Andre Duaci (name of affiant). He/She is personally
known to me or has produced Drivers License (type of E
identification) as identification.
�
........'ill, ., ::::::: .�::::::m.:::......... ..:.::...........................................::::::.
I I__ "' � nNOTARY PUBLIC
My Commission Expires: 12-12-21
iryl d ul ' IVri I i i m�:.I 2 Ud,okN �
41
Packet Pg. 1949
G.15.a
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
CDR Maguire, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drag-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
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 -19
of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any M
controlled substance law of the United States or any state, for a violation occurring in the c
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section,
As the person authorized to sign the statement, I certify that this firm co lies f y wit h• albove
2
requirements. 5
(Signature)
�s
Date. 7/26119
STATE OF: Colorado
COUNTY OR Boulder
............................................................. ..
Subscribed and sworn to (or affirmed) before me on 7/26/19 (date) by
_Andre Duart (name of affiant). He/She is personally known to
me or has produced Drivers License (type of identification) as identification.
i v....J��', �� ,w, n dY� RY PUBLIC
My Commission Expires: 12/12/21
�......
.,,,,„ ,,,,,,,,,,,,,,,,,,,,,,M„,.........................,.,,,,._"'.,N
42
Packet Pg. 1950
G.15.a
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro
the date of being placed on the convicted vendor list."
1 have read the above and state that neither CDR Maguire, Inc. (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
de 4`1
(Signature)
Date',, 126/19 ° c
0
STATE OF: Colorado a
COUNTY OF: Boulder
Subscribed and sworn to (or affirmed) before me on
(date) by CDR Maguire, Inc. (name of affiant). He/She is personally known to me or
has produced Drivers License (type of identification) as
�s
identification.
.
NOTARY PUBLIC
r 1 My Commission Expires: 12-12-21
6 {(�� if11 r' 1 1 i/( 'r j I 1ii' ✓ ' �
Nr� ar�i/ -,t 1n� IJ,I r� mE� Nii�c.rrO� �L`i � Gg
W
43
Packet Pg. 1951
G.15.a
Respondent's Insurance and Indemnification Statement
Insurance RegUl
Worker's Compensation Statutory Limits
Employer's Liability $1,000,0001$1,000,000I$1,000,000
General Liability $5,000,000 Combined Single Limit
Vehicle Liability $5,000,000 Combined Single Limit per
Occurrencel$5,000,000 Aggregate
°
IDEMNIFICATiON AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, -19
19
its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, M
including death, personal injury, and property damage, including property owned by Monroe County,
and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by the
CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their E
officers, employees, servants or agents,
In the event that the completion of the project(to include the work of others) is delayed or suspended
as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the 2
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 bold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
1 understand the insurance that will be mandatory if awarded the ontract and will comply in full
with apl the requirements.
CDR Maguire„ Inc. _ ................... -- ----
Respondent
Signature
44
Packet Pg. 1952
G.15.a
t
Minority Owned Business Declaration
CDR Maguire, Inc,a sub-contractor engaged by Monroe County during the completion of work
associated with the below indicated project
°
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
°
X is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. as
F,S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(sce
19
below)which is,organized to engage in commercial transactions,which is domiciled in Florida,and which is at least U)
51-percent-awned by minority persons who are members of an insular group that is of a particular racial,ethnic,or
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresenlation of commercial enterprises under the group's control,and r_
whose management and daily operations are controlled by such persons.A minority business enterprise may
primarily involve the practice of profession.Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if E
the combined total net asset value of all members of such family group exceeds$I 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.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
cm
fewer 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 this state which has a Small Business Administration 8(a)certification. As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments,
Contractor mad refer to E S 288„703 for more informatio
n.
Contractor
"' Sub-Recipient: Monroe County
°w�
Signature ....� .... .S.i....nature...
g �
Print Name: Andre Duart Printed Name:
Title: President of EM III Sr. VP Verified MB De artmen t
p
IGgpIIIn lc1hl"iemiC;°;toi�'lie
Address: PO BOX 771754 DCM Contract Z0002„
City�Slate/zip: Miami, FL 33177
Date:08.26.2019 FE.MA Prospect Number:
Packet Pg. 1953
G.15.b
TASK ORDER FOR FEMA Program CONSULTING SERVICES BETWEEN MONROE COUNTY
AND
CDR MAGUIRE,INC FOR HURRICANE DISASTER RECOVERY
In accordance with the contract for FEMA Program Consulting Services made and entered on the 5'h day of
September,2019,by and between Monroe County hereinafter referred to as the"County" and CDR Maguire,
Inc. hereinafter referred to as"Consultant".
All terms and conditions of the referenced Contract for FEMA Program Consulting Services apply to the Task
Order,unless the Task Order modifies an Article of the Contract of which will be specifically referenced in this
Task Order and the modification shall be precisely described.
1. CDR Maguire, Inc.is tasked with performing the following services relating to Hurricane Irma in
accordance with Attachment A to the contract,Scope of Work and Pricing:
a
• General FEMA Program, including but not limited to the Public Assistance program, Sheltering and
Temporary Essential Power (STEP), Hazard Mitigation Grant Program (HMGP), grant management
advice and assistance,insurance advice and assistance,procurement advice and assistance, -19
19
• Assistance with development and ongoing activities with a team of County employees to manage the M
FEMA Public Assistance process,and other eligible FEMA programs as needed by the County
• Assistance with preparation of correspondence to State of Florida and FEMA when required,
• Advice as to eligibility of expenses,
• Assistance in meeting deadlines imposed by FEMA and the State of Florida for documentation,
appeals, completion of work,etc.,
• Review of current County policies and assistance with development and documentation of new E
County policies to ensure compliance with FEMA and State of Florida requirements and guidelines,
• Assistance with hazard mitigation proposals,alternate projects,and Improved projects to protect the
County's interests,
• Assistance with preparation of large and small project worksheets,so that scope of work is accurate
and comprehensive,estimates are accurate,expenses are eligible and documented,and that projects
are categorized as small or large in a manner that ensures prompt and sufficient reimbursement to
the County,
• Assistance with dispute resolution and appeals,
• Periodic reports to management as to status of FEMA Public Assistance process and progress and
status and progress other FEMA programs that the County may become eligible for post disaster, -19
U)
• Assistance with project final inspections,closeout,and audits,and M
• Other related activities as requested by the County.
2. The task above shall be performed in accordance with 2.1 of the contract for FEMA Program Consulting
Services.
3. This Task Order shall be effective as of September 5,2019 and shall remain in effect until such services
are no longer required or in accordance with 9.5 of the contract.
FEMA Program Consulting Services Task Order One
September 5,2019
Packet Pg. 1954
G.15.b
4Mw
4. The Task Order is not to exceed this estimated cost for Hurricane Disaster Recovery Services relating to
Hurricane Irma based upon the pricing as set forth in Attachment A-Scope of Work and Pricing to the
Agreement dated September 5,2019:
F' ectMana or 6ateaMhsall $205 Lou LIM LIDO LOD Loa LAP
Sr. IIt � fist IS Imon#LMske 2nrnnthoffsite O. B a5a C9.s0 o. '9 m00 0.o"9
r.nt5 t � 1 do rain 3 mo onsRe moetha $lzs j 1.00 Lek 1,Q10 LOD 100 L
OD
S E-Ingumnee j L25 month offtilte $220 17 L00 0.25 0. SIX. n .. Iim �
Admin 6 month onsite $40 L 1. 1. L L L
F-thlHaum
. .. E65 T35 „SO SA9„ 519. 19.00
sift „ .. „�„ $371,460.00
Bsita 077.50
10l4 cc '202.73
�� o, �
0
NOT TO-EXCEED �'230.25
e)
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized O
representative.
(Seal
Atte' CDR MAGUIRE, INC.
B as
Y� �«, .
Ashi' N. .�
Tip Title
DIPW.F/bltllry 4,2001 �
BMW In Am Nobly
w BOARD OF COUNTY COMMISSIONERS
. VIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
y., ! By:
"""• Clerk 1t Mayor hai an
MONROE COUNTY ATTORNEY
AP V As O
CHRISTINE LIMBERT BARROWS
ASSIST N A O
DA
FEMA Program Consulting Services Task Order One
September 5,2019
Packet Pg. 1955
G.15.c
AMENDMENT ONE TO TASK ORDER FOR FEMA PROGRAM
CONSULTING SERVICES BETWEEN MONROE COUNTY
AND
CDR MAGUIRE, INC. FOR HURRICANE IRMA DISASTER RECOVERY
This Amendment One to the Task Order for FEMA Program Consulting Services for Hurricane
Irma is entered into this 20tb day of November 2019,by and between Monroe County hereinafter
referred to as the "County" and CDR Maguire, Inc. hereinafter referred to as "Consultant".
WHEREAS, on September 5, 2019 the parties entered into agreement for FEMA Program
Consulting Services and the CONSULTANT was tasked to perform services related to Hurricane
Irma discovery services in accordance with the Task Order dated September 5, 2019; and
WHEREAS,the County wishes to amend the Task Order without changing the original Total Not-
To-Exceed amount of$574,230.25 to 1) Amend language to clarify that the"On-Site Rate" is the 0
"Fully-Loaded Hourly Rate" and"Off-Site Rate" is the"Hourly Rate" as per Attachment A to the U)
Agreement 2) Revise the estimated budget Table to include an Off-Site Rate/Hourly Rate for iM
Project Manager 3 Revise the estimated budget Table to include an On-Site Rate for SME c
J g ) g �
(Special Matter Experts) 4) Revise the estimated budget Table to include an Off-Site Rate/Hourly 0
Rate for"Admin" and 5)Add language to allow for individual itemized task amounts for the public
support categories to be adjusted when the total contract amount is unchanged; E
NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY E
and CONSULTANT wish to amend the task order as follows:
c�
1. The Table providing the estimated budget and hours under paragraph 4 of the Task
order shall be revised as follows:
Not-To-Exceed Budget Estimates
Sep 2019 to Feb 202019
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a
Project Manager $205 $165 1,040 213,200.00
Sr.Grant Specialist $185 $145 640 105,600.00 0
Grant Specialist $165 $125 1,040 150,800.00
SME(Subject Matter Expert) $260 $220 120 28,800.00 E
Admin $40 $40 1,040 41,600.00
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Estimated Budget $540,000.00
fntingercy $ ,230.25
N4Tjo3 EXCEtD $S74,230.25
FEMA Program Consulting Services Amendment One to Task Order
November 20, 2019
Packet Pg. 1956
G.15.c
This Amended Task Order is not to exceed this estimated cost for Hurricane Disaster Recovery
Services relating to Hurricane Irma based upon the pricing as set forth in Attachment A—Scope
of Work and Pricing to the Agreement dated September 5, 2019. *The individual itemized task
amounts are estimates and may be adjusted as needed as long as the Total Contract Amount of
$574,230.25 is not exceeded.
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2. This Amended Task Order shall be effective as of November 20, 2019 and shall remain in
effect until such services are no longer required or in accordance with 9.5 of the contract.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
(Seal)
Attest: CDR MAGUIRE, INC.
19
By: By: U)
0
Title Title 0
BOARD OF COUNTY E
COMMISSIONERS OF
Attest: KEVIN MADOK, Clerk MONROE COUNTY, FLORIDA
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By: By:
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Deputy Clerk Mayor/Chairman
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19
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FEMA Program Consulting Services Amendment One to Task Order
November 20, 2019
Packet Pg. 1957