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Item K10 K70 �` CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y M T� \�1a� Mayor Michelle Coldiron,District 2 �1 1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: K.10 Agenda Item Summary #8060 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502 n/a AGENDA ITEM WORDING: Permission to Advertise a Request for Proposals (RFP) for Update of 2009 Geospatial Land Cover Mapping (habitat) dataset for the Florida Keys as required by the Comprehensive Plan Goals, Objectives and Policies to be used by staff, a required Tier Review Committee, and the Board, in the required update of the Land Development Code Tier Overlay District Maps, along with evaluation of the listed, threatened, and endangered species habitat. ITEM BACKGROUND: In 2008, Monroe County contracted with Photo Science, Inc., St. Petersburg, Florida for the development of a geospatial land cover dataset for the Florida Keys. Monroe County required Photo Science to create a land cover dataset developed from 2006 high resolution orthophotographs, combined with field work, to produce an updated land cover geospatial dataset. This geospatial dataset is referred to as the"Habitat" layer in the County's Geographical Information System (GIS). The Habitat layer is used in part to determine the cover of native upland habitat and is a key tool in the development of the Tier Overlay District maps. The Area of Critical State Concern workplan and Comprehensive Plan Goals, Objectives and Policies requires the County to: 1. Send DEO an EAR letter, due May 21, 2021, stating what amendments are necessary. This letter will go to the BOCC in March or April, 2021. 2. Update habitat data for the LDC tier overlay district maps 3. Evaluate listed, threatened, and endangered species as of 2021. 4. Form a tier review committee to review tier criteria, habitat, species, lands acquired by public entities to determine if amendments are needed to further protect and enhance native upland vegetation. The requested Update of the 2009 Geospatial land cover dataset is critical to our being able to achieve these workplan items. Staff is requesting permission to advertise an RFP for an consultant to perform this update, at a cost of$125,000. Packet Pg. 2411 K70 The specific objectives and policies regarding this mapping effort are: Obiective 106.1 Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity Study, utilizing updated habitat data and recommendations of the Tier Designation Review Committee (TDRC) Work Group. [Note: As amended by Final Order DCA07-GM166, parcels included in the challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the amended Tier Criteria resulting from the DOAH Case 06-2449(GM)]. Policyl06.1.1 Monroe County shall update habitat data and the Land Development Code Tier (Zoning) Overlay District Maps to coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Policy 106.1.2 Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to consist of representatives selected by the Florida Department of Economic Opportunity (DEO) from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. The TDRC shall be tasked with the responsibility of tier designation review utilizing the criteria for tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed Land Development Code Tier (Zoning) Overlay District Map amendments shall coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Each comprehensive plan evaluation and appraisal submitted shall also include an analysis and recommendations based upon the TDRC review process. Policy 106.1.3 Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay District Map, the County shall evaluate the listed threatened and endangered species (as of 2021) and the criteria included in Policy 205.1.1 to determine if amendments are required to further protect and enhance native upland vegetation. Any Tier (Zoning) Overlay District Map amendment completed prior to May 1, 2021 shall be processed according to state law and the Land Development Code. Obiective 205.1 Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.h., F.S.] Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.h., F.S.] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. Packet Pg. 2412 K70 • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: RFP for Update of 2009 Geospatial Land Cover Dataset STAFF RECOMMENDATION: Approval DOCUMENTATION: DRAFT 2021 RFP for Update of 2009 Habitat layer Appendix A Final Report Land Cover data set(2009) FINANCIAL IMPACT: Effective Date: 7/1/2021 Expiration Date: 02/28/22 Total Dollar Value of Contract: $125,000 Total Cost to County: $125,000 Current Year Portion: FY 2020— estimated at$25,000 Budgeted: Yes Packet Pg. 2413 K70 Source of Funds: 148-52000 CPI: NA Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: No Additional Details: $125,000, Fund 148-52000 07/01/21 148-52000 - ENVIRONMENTAL RESOURCES $125,000.00 REVIEWED BY: Emily Schemper Completed 03/30/2021 5:13 PM Assistant County Administrator Christine Hurley Completed 04/01/2021 11:32 AM Peter Morris Completed 04/05/2021 2:57 PM Purchasing Completed 04/05/2021 3:04 PM Budget and Finance Completed 04/06/2021 8:33 AM Maria Slavik Completed 04/06/2021 11:53 AM Liz Yongue Completed 04/06/2021 12:16 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 2414 K.10.a MONROE COUNTY REQUEST FOR PROPOSALS FOR The Update of 2009 Geospatial Land Cover Dataset for the Florida 0 Keys 0 CL f/9 q�. �4 Al rr 0) BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron, District 2 Mayor Pro Tem, David Rice, District 4 s Craig Cates, District 1 Eddie Martinez, District 3 Mike Forster, District 5 CL CD u Packet Pg. 2415 K.10.a NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on May XX, 2021 at 3:00 P.M. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County, Florida, will open sealed proposals for the following: UPDATE OF 2009 GEOSPATIAL LAND COVER DATASET FOR THE FLORIDA KEYS MONROE COUNTY,FLORIDA Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublienotices.com, a searchable Statewide repository for all published legal notices. Requirements for 0 submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecounti,bids.com. In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive 0. solicitations while maintaining the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses cu WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS �),monroecounty-fl.gov, no later than 3:00 P.M., on May 21, 2021. Please submit your confidential financial et 0 information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: UPDATE OF 2009 GEOSPATIAL LAND COVER DATASET FOR THE FLORIDA KEYS Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. 0 Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMB-BIDS La monroecounty- fl.gov,in advance of the bid opening please email: omb-purchasing ),monroecounti-fl.gov so accommodations for rr delivery of your bid can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid submission delivery �-- will result in your bid being rejected. The bid opening for this solicitation will be held virtually,via the internet,at 3:00 P.M.,on May XX,2021. F.. You may call in by phone or internet using the following: Join Zoom Meeting httl)s://mcbocc.zoom.us/i/4509326156 N Meeting ID: 4509326156 One tap mobile: +16465189805„4509326156#US(New York) +16699006833„4509326156#US (San Jose) Dial by your location: N +1 646 518 9805 US (New York) cv n_ +1 669 900 6833 US (San Jose) Publication dates: m Key West Citizen: Keys Weekly: News Barometer: RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 2 Packet Pg. 2416 K.10.a TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS......................................................... 1 SECTION ONE INSTRUCTIONS TO RESPONDENTS.......................................... 4 SECTION TWO DRAFT AGREEMENT............................................................... 19 SECTION THREE COUNTY FORMS.................................................................. 30 0 SECTION FOUR INSURANCE REQUIREMENTS................................................. 37 APPENDIXA................................................................................................ 45 Final Report for Monroe County Geospatial Land Cover Dataset Of The Florida Keys CL c CL 0 cv 4- 0 CL cv CD cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 3 Packet Pg. 2417 K.10.a SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 PROJECT DESCRIPTION Objective of the Request for Proposal The Planning & Environmental Resources Department of Monroe County, Florida invites firms 0 to submit proposals for the development of a geospatial land cover dataset for the Florida Keys. Geospatial land cover data is used by the Monroe County Planning & Environmental Resources Department as a planning tool to conduct spatial analysis for policy and land use decision making. The most current GIS land cover dataset was developed based on 2006 4- aerial photography and has not been updated since 2009. Monroe County requires the update U_ of the existing land cover dataset using current(2021) orthophotography to produce an updated land cover geospatial dataset for effective policy decision making and comprehensive planning. > e( 1.02 PROJECT LOCATION c Project Area The Florida Keys consists of a chain of thirty-eight islands approximately 120 miles long, E connected by a series of forty-one bridges. In addition there are hundreds of "offshore islands" CL located within County boundaries. Geologically, the Florida Keys consist of the fossilized 0 remains of an ancient coral reef system. The Upper Keys display an outcropping of the Key Largo Limestone which was the "backbone" of the ancient reef and the Lower Keys are overlain by oolitic limestone deposits. The Keys are characterized by low relief(mostly less than five feet above sea level) and the area experiences a subtropical savanna-type climate of warm summers and mild dry winters. Vegetative communities found in the Keys range from hardwood hammock forests and pinelands, to freshwater wetlands, salt marsh, mangroves, and beaches. The updated land cover dataset extent should match the same extent of the existing dataset and capture all land cover types within the study area(Figure 1). Lind Cover Project area. N 4- M111 F101t17A 0 N Figure 1: Monroe County Land Cover Project Area E RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 4 Packet Pg. 2418 K.10.a 1.03 PROJECT HISTORY In 2008, Monroe County contracted with Photo Science, Inc., St. Petersburg, Florida for the development of a geospatial land cover dataset for the Florida Keys. Monroe County required Photo Science to create a land cover dataset developed from 2006 high resolution orthophotographs, s v) combined with field work,to produce an updated land cover geospatial dataset. 0 Table ]: Monroe County land cover classification CODE CLASS NAME 1 Developed Land 0 2 Undeveloped Land 0. 3 Impervious surface 4 Hammock 5 Pineland 6 Exotic 7 Scrub mangrove c 8 Freshwater Wetland 9 Salt marsh 10 Buttonwood 11 Mangrove E 12 Beach Berm a. 13 Water 0 Photo Science, Inc. mapped the above referenced land cover classifications in accordance with the following conventions: (1) Developed Land Comprised of areas of intensive use with much of the land covered by structures. Examples are dwellings, strip developments, industrial and commercial complexes, landfills, golfcourses and parks. All impervious surface areas below 0.5 acres will also be included within this category. (2) Undeveloped Land Includes open, scarified or disturbed lands which tend to have uncertain land uses and may contain native species. (3) Impervious Surface Includes all surfaces above 0.5 acres which do not allow, or minimally allows, the penetration of water. Examples are building roofs, concrete and asphalt pavements/parking lots and some fine grained soils such as clays. U- (4) Hammock Used to designate most of the upland and upland hammock vegetation found throughout the Keys that is natural and generally undisturbed. �C (5) Pineland This is an upland forest community with an open canopy dominated by the native slash pine composed of known species. E (6) Exotic RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 5 Packet Pg. 2419 K.10.a Invasive exotic species include Melaleuca, Australian Pine, Brazilian Pepper, Leatherleaf and Sapodilla north of the seven mile bridge. (7) Scrub Mangrove Typically found in the lower Keys, coastal scrub mangrove of dwarf mangrove are s dominated by known species. Plants are typically less than 5' tall. v) t� (8) Freshwater Wetland 0 Wetland areas with either standing water or saturated soil or both where the water is fresh or brackish composed of known species. Some Freshwater Wetlands are isolated and therefore not subject to the MMU of 0.5 acres. Rather,photointerpreters will delineate them without regard to the MMU. 0 (9) Salt marsh The salt marsh community is a wetland area subject to tidal influence, and the vegetation is dominated by non-woody groundcovers and grasses. (10) Buttonwood Designates the transitional areas located between tidal mangroves and hammocks that are 0 dominated by Buttonwood. The Buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. �+ E (11) Mangrove A wetland plant association subject to tidal influence where the vegetation is dominated by Black, White or Red mangroves, containing both shrub and tree size vegetation. a� (12) Beach Berm A bare sandy shoreline, coastal dune or a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline. The sand is calcareous material that is the remains of marine organisms such as corals, algae and molluscs. The berm may include forested, coastal ridges and may be colonized by hammock vegetation. (13) Water All water bodies, both fresh and tidal (saline). The resulting Land Cover—Habitat 2009 GIS Data layer can be reviewed here: htt s://monroecgE t c fl.luaus.arcgis.cotu/aplos/weba viewer/index,htiul9id=2e52d422378e4b48a471d02959265ecc 1.04 2021 DIGITAL ORTHOPHOTOGRAPHY c The 2021 aerial survey project is being performed by Pictometry International Corp. under contract to the Monroe County Property Appraiser. The survey will produce image (raster) maps from true color and color infrared imagery for the project area. Monroe County anticipates delivery of the orthophotography in June, 2 02 1. �C 1.05 SCOPE OF WORK A. The project consists of updating the existing land cover classification described above to meet the needs of the Planning & Environmental Resources Department utilizing the 2021 digital orthophotography described in 1.04. RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 6 Packet Pg. 2420 K.10.a B. Perform quality control and quality assurance (including ground truthing of digital orthophotograph land cover signatures) to determine the accuracy of the final land cover dataset. The quality control and quality assurance and cover and classification delineation techniques will be summarized in a written report. C. Deliverables at a minimum should include a GIS File Geodatabase containing the land cover dataset compatible with ArcGIS 10.8 and ArcGIS Pro 2.7 and associated metadata file. The data will - be in the State Plane Coordinate System, Florida East Zone, in units of US Survey Feet. The horizontal datum is NAD83/90 HARN, and the vertical datum is NAVD88. The County shall own the deliverables, and shall have sole rights to reproduce and sell any data or derivative information, and Respondent shall have no copy right or right to sell the data set or derivative of 0 the data set resulting from this RFP. U-- D. It is anticipated that this project can be completed within 6 months of authorization to commence work. 1.06 Requirements c The qualified firm will offer qualifications and experience in the realms of technical analysis 0 vulnerability analysis, Adaptation Action Area policy development, integrated land use and n transportation planning, land development regulation and public engagement. The firm will work 0) collectively with the Planning & Environmental Resources Department and other representatives of County departments to complete the scope of work. 0 1.07 Evaluation Criteria Areas of consideration include but are not limited to: Maximum Tab Criteria Points 1 Letter and Executive Summary 5 2 Relevant Experience 10 3 Quality of Past Performance on Similar Projects 15 s 4 Project Approach - 15 5 Qualifications of Consultant, Sub consultants, and project 20 manager c 6 Other: Familiarity with Monroe County; clients in FL, SE FL, 10 and Monroe County; value added options; other information 7 Local Preference 5 8 Cost 20 9 Litigation 0 10 County Forms 0 cv TOTAL Points 100 1.08 Requests for Additional Information or Clarification Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing directly to: RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 7 Packet Pg. 2421 K.10.a Michael Roberts, Assistant Director/Environmental Resources Monroe County Government and Cultural Center 2798 Overseas Highway, Ste. 400 s Marathon, FL 33050 v) C7 All requests for additional information must be received no later than :00 PXI 202 1. Any 2 requests received after that date and time will not be answered. If an answer is issued, an addendum to the RFP will be issued shortly thereafter and distributed to all interested proposers,responding with the County's best ability to answer all questions. Verbal requests will not be answered. 0 c. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before responses are opened. 1.09 Content of Submission c r- The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-1/2" x .2 I V white paper and bound; shall be clear and concise, tabulated, and provide the information .0 requested herein. Five 5)proposals shall be provided (which includes two (2) originals.) StatementsCL u submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. 1.10 Format The response, at a minimum, shall include the following: A. Cover Letter, 0 The cover letter shall contain the Proposer's name, address, telephone number, and the name of the Proposer's contact person(s). It shall introduce the company including a brief overview a of the firm's history, the corporate name, address and telephone number of corporate headquarters and the local office,number of years in business,names of principals and number of employees. U- Indicate the State in which Proposer is incorporated or organized. If other than Florida, include evidence of authorization to do business in Florida. Include a reproduction of Corporate Charter Registration, if applicable. Identify the primary person responsible for this proposal. Briefly state the Proposer's understanding of the work to be done, and make a positive commitment to perform and a complete the services. This letter must be signed by an individual authorized to bind the firm. RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 8 Packet Pg. 2422 K.10.a Failure to meet this requirement may result in disqualification. B. Tabbed Sections Tab 1. Letter and Executive Summary The Proposer shall provide a narrative of the firm's qualities and capabilities that U) demonstrates how the firm will work with the County to fulfill the requirements of this - Service. Tab 2. Relevant Experience The Proposer shall provide a project history of the firm or organization demonstrating 0 experience with services that are similar in scope and size to the requested services. The U_ proposal shall include information regarding combined team experience and past performance. Identify members of the project team and their anticipated roles for this project, and provide a summary of their previous experience. Include staff, as well as sub-consultants that will have e( key roles in the team organization chart. Provide concise, yet detailed, resumes for key team members. Make a statement of commitment that the team will remain committed to the project until completion. E Proposer shall provide references for projects completed which collectively are sufficient to CL evidence that combined team experience meets the minimum requirements stated. 0 Provide information regarding areas of specialization, and any other pertinent information in such a way to reasonably evaluate the firm's stability, strengths, and experience level. Reference information must describe the projects and include project budget(limit to one (1) page per project). Provide also the name, address, position, e-mail address and telephone number of the project coordinator. A reference contact person must be someone who has personal knowledge of the Proposer's performance for the specific requirement listed. The contact person must have been informed that they are being used as a reference and that the County may check references. N Tab 3. Quality of Past Performance on Similar Projects c The Proposer shall provide a list of past projects indicating the following: ■ Name and full address of the referenced project client ■ Name and telephone number of client contact for referenced project U_ ■ Date of initiation and completion of contract ■ Summary of the project and services In this section, please include at least two (copied) letters of reference from a former client which describes the services performed and the client's satisfaction with the services provided. Letters of reference are preferred, however, if the client desires to include firm surveys completed by clients,they will be considered. Letters of reference from a government(public entity) client are preferred. Tab 4. Project Approach �C RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 9 Packet Pg. 2423 K.10.a Describe the firm's capabilities and approach toward this Project, including your proposed work program, schedule, and any other activities that will be necessary to complete the scope of work, 1� Include a proposed activity schedule and any innovative methods or concepts that might be articular) helpful to accomplish this Project. v) particularly P P J t� Provide a statement of acknowledgement that the consultant understands this Project and its scope of work and goals. Tab 5. Qualifications and Accomplishments of Consultant, Sub consultants, and Project Manager CL The Proposer shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership,joint venture) and include names of persons with an interest in the firm. If the Proposer is anything other than an individual or sole proprietorship, the Proposer shall c include a list of the proposed staff that will perform the work required and identify all sub- 0 Consultants that will be used, if awarded this contract. The Proposer shall also describe the qualifications for each employee on the project team and identify his/her role on the team. E CL Tab 6. Other Information 0 a)Describe your firm's familiarity with Monroe County and the vegetative communities found in the Florida Keys. b)Provide a description of your firm's understanding of the requested Scope of Work. c) Describe the firm's completed projects for clients in the United States, Florida, in the Southeast region of the United States and for state and local government clients, particularly in Monroe County. d)Describe any additional value added benefits your firm/organization can offer the County of Monroe County not enumerated in the scope of work, submittal requirement responses or evaluation criteria. e) Proposer shall provide any additional project experience that will give an indication of the Proposer's overall abilities. 12 c. f) If the Proposer will require any other information from the County not included in this Request for Proposal or require from the County any information in a particular computerized format in order to carry out the Scope of Services in Exhibit A,the Proposer shall also include such request in this section, i.e. Tab 6. g) If the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in Section Two, all deviations to the terms must be spelled out in this section, i.e. Tab 6. E Tab 7—Project Location and Local Preference RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 10 Packet Pg. 2424 K.10.a Include in this section the location of the main office, the location of the office proposed to work on this project, and a discussion of the following as it pertains to your proposal The evaluation criteria includes evaluation points which recognize a preference for "local businesses" including, but not limited to, response time, experience in complying with or s applying local regulations, local references, employment of local residents, and familiarity v) with the local market. A local preference may be assigned as follows: Individuals or firms which meet all of the criteria for a local business as set forth in this section, may be given a preference by awarding additional points in the overall scoring system as part of the overall evaluation factors of the selection committee. 0 c. Any proposer claiming a local preference as defined in Monroe County Ordinance 023-2009 must complete the Local Preference Form and attach to the Proposal Tab 8 Cost Proposal 0 Provide a detailed budget& cost proposal, inclusive of reimbursable expenses. The Proposer shall set forth a schedule for project completion which includes a work plan and scope of work, clearly identifying the tasks to be completed,the amount of time to complete, and approach to E work. The work plan should also include any necessary meetings with employees, commissioners, and the public. The Quote Sheet shall include a total, which shall be an all- inclusive fee to be paid to the proposer. a� All costs to be paid to the Proposer shall be included. No additional costs or fees will be paid, a, including but not limited to travel costs, per diems, telephone charges, facsimile charges, and �-- postage charges. In addition to the quote submitted for the Scope of Services outlined in this RFP, the Proposer may choose to suggest additional services and submit a quote for those services. Such additional services can be explained in the Quote Sheet. The County may or may not choose to hire the Proposer for the additional services. Tab 9 Litigation N 0 In accordance with Section 2-347(h)of the Monroe County Code,please provide the following information: (1) A list of the person's or entity's shareholders with five (5)percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid U- specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or C RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 11 Packet Pg. 2425 K.10.a provide the goods for which it has contracted? If yes,provide details; b. Are there any judgments,claims,arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers,directors, or general partners? If yes,provide details; s v) c. Has the person,principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five 0 (5)years,been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes,provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or 0 directed by any of its officers, owners, partners, major shareholders or directors, ever U_ initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes,provide details; e. Whether,within the last five(5)years,the owner, an officer,general partner,principal, > controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references (minimum of three), including name, current address and current E telephone number; CL g. Credit References (minimum of three), including name, current address and current 0 telephone number; and h. Financial statements for the prior three years for the responding entity or for any �. entity that is a subsidiary to the responding entity. Tab 10. County Forms Proposer shall complete and execute the forms specified below and located in Section 2 in this RFP, as well as copies of all business licenses and receipts for business tax and shall s include them in this section: N Forms c • Submission Response Form • Lobbying and Conflict of Interest Ethics Clause c. • Non-Collusion Affidavit • Drug Free Workplace Form N • Public Entity Crime Statement 1.11 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 12 Packet Pg. 2426 K.10.a B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.12 STATEMENT OF PROPOSAL REQUIREMENTS See also Notice of Request for Competitive Solicitation. - Interested firms or individuals are requested to indicate their interest by submitting a total of five (5), [two (2) signed original and three (3) complete copies], of the proposal, in a sealed envelope clearly marked on the outside, with the Proposer's name and "PROPOSAL FOR MONROE COUNTY 0 UPDATE OF 2009 GEOSPATIAL LAND COVER DATASET FOR THE FLORIDA KEYS," 0. U_ addressed to Monroe County Purchasing Department, 1100 Simonton Street,Room 2-213,Key West, FL 33040,which must be received on or before 3:00 P.M. local time on XX/XX/2021. Hand delivered Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. c 1.13 DISQUALIFICATION OF PROPOSER v E A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. -- B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a Consultant, supplier, SubConsultant, 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 a. C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification U_ of the bid or proposal D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 13 Packet Pg. 2427 K.10.a LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal 1.14 EXAMINATION OF RFP DOCUMENTS 0 A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way 0. relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the > County. 0 1.15 GOVERNING LAWS AND REGULATIONS N The Proposer is required to be familiar with and shall be responsible for complying with all federal E state, and local laws, ordinances, rules, professional license requirements and regulations that in any a. manner affect the work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 1.16 PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the response forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath s such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Proposer shall state in the response the name and address 0 of each person having an interest in the submitting entity. 1.17 MODIFICATION OF RESPONSES c Written modifications will be accepted from Proposers if addressed to the entity and address indicated CL CL in the Notice of Request for Competitive Solicitation and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposers name and"Modification to Proposal-Monroe County Update of 2009 Geospatial Land Cover Dataset For The Florida Keys." If sent by mail or by courier,the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. a� 1.18 RESPONSIBILITY FOR RESPONSE RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 14 Packet Pg. 2428 K.10.a The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.19 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Proposers names _ shall be read aloud at the appointed time and place stated in Section 1.9. Monroe County's , representative authorized to open the responses will decide when the specified time has arrived and 0 no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. 0 c. The County reserves the right to reject any and all responses and to waive technical error and irregularities as may be deemed best for the interests of the County. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to ct Proposer, may be rejected at the option of the County. 0 c 1.20 AWARD OF CONTRACT y E A. The County reserves the right to award separate contracts for the services based onCL geographic area or other criteria, and to waive any informality in any response, or to re-advertise for 0 all or part of the work contemplated. a� B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 1.21 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Proposer shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, 0 with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best CL rating of VI or better, The required insurance shall be maintained at all times while Proposer is providing service to County. cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 15 Packet Pg. 2429 K.10.a Worker's Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee $500,000 0 General Liability,including Premises Operation Products and Completed Operations Blanket Contractual Liability 0 Personal Injury Liability U_ Expanded Definition of Property Damage $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $250,000 per person $500,000 per occurrence $50,000 property damage E CL Vehicle Liability 0 (Owned, non-owned and hired vehicles) $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage 0 Professional Liability $500,000 per Occurrence $1,000,000 Aggregate c. Monroe County shall be named as an Additional Insured on the General Liability and Vehicle cv Liability policies. �C 1.22 INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 16 Packet Pg. 2430 K.10.a its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death,personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its SubConsultant(s), occasioned by the negligence, errors, or s v) other wrongful act or omission of the Proposer, its SubConsultant(s), their officers, employees, servants or agents. 0 In the event that the service is delayed or suspended as a result of the Proposer/Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of 0 remuneration paid to the Proposer is consideration for the indemnification provided for above. The U- extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 1.23 EXECUTION OF CONTRACT c The Proposer will be required to execute a contract with the County for the services provided for in this RFP. The Proposer with whom a contract is negotiated shall be required to return to the County one (1) executed original of the prescribed Contract together with the required certificates ofCL u insurance. If the Proposer cannot fully comply with any of the terms contained in the draft contract, 0 shown in Section Two, all deviations to the terms must be spelled out in Tab 6, Other Information. a� N 0 CL N N RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 17 Packet Pg. 2431 K.10.a SECTION TWO: SAMPLE AGREEMENT MONROE COUNTY CONTRACT FOR THE UPDATE OF 2009 GEOSPATIAL LAND COVER DATASET FOR THE FLORIDA KEYS 0 2 THIS AGREEMENT is made and entered into this day of 2021 by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ("CONSULTANT"), whose CL address is WITNESSETH WHEREAS, the COUNTY issued its Request for Proposals RFP ("RFP")pursuant to state and local law to solicit proposals to prepare the Update of 2009 Geospatial Land Cover Dataset for the Florida 0 Keys; and WHEREAS, Consultant is a professional qualified to render said services and has responded to the RFP by submitting its proposal in response to the RFP ("Proposal"); and CL WHEREAS, the COUNTY desires to engage Consultant to provide such services to the COUNTY 0 according to the terms and subject to the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: Section 1. SCOPE OF SERVICES CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this N agreement. CONSULTANT shall provide the scope of services in Exhibit A for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT 12 shall at all times exercise independent, professional judgment and shall assume professional 0. responsibility for the services to be provided. Consultant shall provide services using the following standards, as a minimum requirement: A. The CONSULTANT shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Consultant uses subConsultants or independent Consultants, this Agreement specifically requires that subConsultants and independent Consultants E shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 18 Packet Pg. 2432 K.10.a be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Consultant and is mutually agreed _ upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. 0 Section 3. TERM OF AGREEMENT 0 3.1 Except as noted below,this Agreement shall begin on the day of , 2021 0. and will conclude with delivery of the deliverables outlined in Section 1 of this Agreement, which shall not be later than , 2021. Section 4. PAYMENT TO CONSULTANT 4.1 Payment will be made according to the Deliverable Schedule attached as Exhibit B, and c C according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida 2 Statutes. The Provider shall submit to the County an invoice with supporting documentation n in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal c. of funds. The Project Manager will review the request,note his or her approval on the request 0 and forward it to the Clerk for payment. 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay CONSULTANT for work performed through the date of termination. c Section 6. CONSULTANT'S ACCEPTANCE OF CONDITIONS c A. CONSULTANT hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONSULTANT, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONSULTANT. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 19 Packet Pg. 2433 K.10.a C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONSULTANT shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONSULTANT agrees that County Administrator or his designated representatives may visit CONSULTANT'S facility(ies)periodically to conduct random evaluations of services during s CONSULTANT'S normal business hours. C7 E. CONSULTANT has, and shall maintain throughout the term of this Agreement, appropriate 0 licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. F. CL Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the following: ct 0 To the COUNTY: County Administrator, Mr. Roman Gastesi � 1100 Simonton Street, Suite 205 Key West, Florida 33040 a. 0 To the CONSULTANT: rr Section 8. RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during 0 the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03 of the F.S., running from the date the monies were paid to Consultant. U- Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement E 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 RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 20 Packet Pg. 2434 K.10.a the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result 0 in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or 0 repair of a public building or public work, may not perform work as a CONSULTANT, supplier, U- subConsultant, or CONSULTANT under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. �t 0 Section 11. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida E applicable to Agreements made and to be performed entirely in the State. a. 0 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the �. appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of s 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 0 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. U- cv cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 21 Packet Pg. 2435 K.10.a Section 13. 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing parry. Mediation proceedings initiated and conducted pursuant to D this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and 0 customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT 0 The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit 0. of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. Section 15. AUTHORITY e( Each parry represents and warrants to the other that the execution, delivery and performance of this 0 Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be 0 resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services c under this Agreement. COUNTY and CONSULTANT specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION COUNTY and CONSULTANT 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 parry, effective the date of the court order. COUNTY or CONSULTANT agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the E Education Amendment of 1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 22 Packet Pg. 2436 K.10.a USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; 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 patent records; Title VIH of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating 0 to nondiscrimination on the basis of disability;Any other nondiscrimination provisions in any Federal 0. or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 19. COVENANT OF NO INTEREST COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire an interest which would conflict in an manner or de ree with its performance under this c Y Y g P r- Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. - E Section 20. CODE OF ETHICS CL 0 The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT 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, U- gift, or consideration. Section 22. PUBLIC ACCESS C44 The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. e( RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 23 Packet Pg. 2437 K.10.a Section 23. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any Agreement entered into U) by the COUNTY be required to contain any provision for waiver. 0 Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity 0. 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. ct 0 Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES c 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 E the entity by law except to the extent of actual and timely performance thereof by any participating c. entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 26. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or s program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any agent,officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including,but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. �C Section 28. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 24 Packet Pg. 2438 K.10.a member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. 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. 0 a. Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the > interpretation of any provision of this Agreement. 0 Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Consultants and SubConsultants. As a pre-requisite of the work governed, the CONSULTANT shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONSULTANT will ensure that the insurance obtained will extend protection to all SubConsultants engaged by the CONSULTANT. As an alternative, the CONSULTANT may require all SubConsultants to obtain insurance consistent with the attached schedules; however CONSULTANT is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONSULTANT will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. s Delays in the commencement of work, resulting from the failure of the CONSULTANT to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on 0 the specified date and time, except for the CONSULTANT's failure to provide satisfactory evidence. The CONSULTANT shall maintain the required insurance throughout the entire term of this contract and any extensions specified herein. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination U_ of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONSULTANT to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONSULTANT's failure to maintain the required insurance. The CONSULTANT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: � RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 25 Packet Pg. 2439 K.10.a • Certificate of Insurance, or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to t7 cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty 0 (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Consultant's insurance shall not be construed as relieving the Consultant from any liability or obligation assumed under this contract or imposed by law. 4- The Monroe County Board of County Commissioners, its employees and officials will be included CL as "Additional Insured" on all policies, except for Workers' Compensation. 31.2Insurance Requirements (Note: amounts of coverage are subject to change in final contract) > Prior to the commencement of work governed by this contract, the CONSULTANT shall obtain < General Liability Insurance. Coverage shall be maintained throughout the life of the contract and c include, as a minimum: • Premises Operations E • Bodily Injury Liability • Expanded Definition of Property Damage 0 The minimum limits acceptable shall be $500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: a, $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve (12) 0 months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U_ 31.3 Vehicle Liability Insurance requirements Recognizing thatthe work governed by this contract requires the use of vehicles,the CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: E $300,000 Combined Single Limit(CSL) RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 26 Packet Pg. 2440 K.10.a If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 31.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract,the CONSULTANT shall obtain Workers' CL Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident c $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee a. Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided 0 by a company or companies authorized to transact business in the state of Florida. a� 31.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Consultant shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Consultant arising out of work governed by this contract. s The minimum limits of liability shall be$500,000 per occurrence/$1,000,000 Aggregate C44 4- 0 Section 32. INDEMNIFICATION The CONSULTANT does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and 2 the Employees, and any other agents, individually and collectively, from all fines, suits, claims, 0. demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the E CONSULTANT. RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 27 Packet Pg. 2441 K.10.a Section 34 INDEPENDENT CONSULTANT. At all times and for all purposes hereunder, the CONSULTANT is an independent Consultant and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of the s Board of County Commissioners for Monroe County. As an independent Consultant the v) CONSULTANT shall provide independent,professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Section 35 COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply �t to any maps, official records, contracts, or other data that may be provided by the COUNTY or other c public or semi-public agencies. N E CL 0 rr 4- 0 CL N CD RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 28 Packet Pg. 2442 K.10.a The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. s Such an agreement shall be made between the parties. v) t� 0 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the day of 2021. 0 0. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, CLERK c 0 OF MONROE COUNTY, FLORIDA CL By By: 0 As Deputy Clerk Mayor (CORPORATE SEAL) CONSULTANT ATTEST: N 4- 0 By By: Title: N CD RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 29 Packet Pg. 2443 K.10.a EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION Objective of the Request for Proposal The Planning & Environmental Resources Department of Monroe County, Florida invites firms 0 to submit proposals for the Update of the County's existing 2009 Geospatial Land Cover Dataset for the Florida Keys. T h e Geospatial land cover data is used by the Monroe County Planning & Environmental Resources Department as a planning tool to conduct spatial analysis for policy and land use decision making. The most current GIS land cover dataset was developed 0 based on 2006 aerial photography and has not been updated. Monroe County requires the U_ update of the land cover dataset using current(2021) high resolution orthophotography to a, produce an updated land cover geospatial dataset for effective policy decision making and comprehensive planning. Project Area The Florida Keys consists of a chain of thirty-eight islands approximately 120 miles long, connected by a series of forty-one bridges. In addition there are hundreds of"offshore islands" n located within County boundaries. Geologically, the Florida Keys consist of the fossilized E remains of an ancient coral reef system. The Upper Keys display an outcropping of the Key a. Largo Limestone which was the "backbone" of the ancient reef and the Lower Keys are overlain by 0 oolitic limestone deposits. The Keys are characterized by low relief(mostly less than five feet above sea level) and the area experiences a subtropical savanna-type climate of warm �. summers and mild dry winters. Vegetative communities found in the Keys range from hardwood hammock forests and pinelands, to freshwater wetlands, salt marsh, mangroves, and beaches. The updated land cover dataset extent should match the same extent of the existing dataset and capture all land cover types within the study area(Figure 1). Land Cover Proj Area 4- 0 SN1111 F101 d A CL cv cv S'W u1 . n. p a 11 4� Figure 1: Monroe County Land Cover Project Area RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 30 Packet Pg. 2444 K.10.a PROJECT HISTORY In 2008, Monroe County contracted with Photo Science, Inc., St. Petersburg, Florida for the development of a geospatial land cover dataset for the Florida Keys. Monroe County required Photo Science to create a land cover dataset developed from 2006 high resolution s v) orthophotographs, combined with field work,to produce an updated land cover geospatial dataset. 0 Table 1: Monroe County land cover classification CODE CLASS NAME 0 1 Developed Land U- 2 Undeveloped Land 3 Impervious surface 4 Hammock > 5 Pineland 6 Exotic c 0 7 Scrub mangrove 8 Freshwater Wetland 9 Salt marsh E 10 Buttonwood CL 11 Mangrove 0 12 Beach Berm n a� 13 Water Photo Science, Inc. mapped the above referenced land cover classifications in accordance with the following conventions: (1) Developed Land Comprised of areas of intensive use with much of the land covered by structures. Examples are s dwellings, strip developments, industrial and commercial complexes, landfills, golfcourses and parks. All impervious surface areas below 0.5 acres will also be included within this category. 0 (2) Undeveloped Land Includes open, scarified or disturbed lands which tend to have uncertain land uses and may contain native species. (3) Impervious Surface Includes all surfaces above 0.5 acres which do not allow, or minimally allows,the penetration of water. Examples are building roofs, concrete and asphalt pavements/parking lots and some fine grained soils such as clays. �C (4) Hammock Used to designate most of the upland and upland hammock vegetation found throughout the Keys that is natural and generally undisturbed. E (5) Pineland RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 31 Packet Pg. 2445 K.10.a This is an upland forest community with an open canopy dominated by the native slash pine composed of known species. (6) Exotic Invasive exotic species include Melaleuca, Australian Pine, Brazilian Pepper, Leatherleaf and Sapodilla north of the seven mile bridge. _ v) (7) Scrub Mangrove 0 Typically found in the lower Keys, coastal scrub mangrove of dwarf mangrove are dominated by known species. Plants are typically less than 5' tall. (8) Freshwater Wetland 0 Wetland areas with either standing water or saturated soil or both where the water is fresh or U_ brackish composed of known species. Some Freshwater Wetlands are isolated and therefore not subject to the MMU of 0.5 acres. Rather,photointerpreters will delineate them without regard to the MMU. > (9) Salt marsh c The salt marsh community is a wetland area subject to tidal influence, and the vegetation is dominated by non-woody groundcovers and grasses. n E (10) Buttonwood CL Designates the transitional areas located between tidal mangroves and hammocks that are 0 dominated by Buttonwood. The Buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland �. communities. (11) Mangrove A wetland plant association subject to tidal influence where the vegetation is dominated by Black, White or Red mangroves, containing both shrub and tree size vegetation. (12) Beach Berm A bare sandy shoreline, coastal dune or a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline. The sand is calcareous material 0 that is the remains of marine organisms such as corals, algae and molluscs. The berm may include forested, coastal ridges and may be colonized by hammock vegetation. c (13) WaterCL All water bodies, both fresh and tidal (saline). U_ N The resulting Land Cover—Habitat 2009 GIS Data layer can be reviewed here: https:Hmonroecounty-fl.maps.arcgis.com/apps/webappviewer/ index.html?id=2e52d422378e4b48a471 d02959265ecc RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 32 Packet Pg. 2446 K.10.a SCOPE OF WORK (a) The project consists of updating the existing land cover classification described above to meet the needs of the Planning & Environmental Resources Department utilizing the 2021 digital orthophotography described in Section 1.04 of the RFP. s v) (b) Perform quality control and quality assurance (including ground truthing of digital orthophotograph land cover signatures)to determine the accuracy of the final land cover 0 dataset. The quality control and quality assurance and cover and classification delineation techniques will be summarized in a written report. (c) Deliverables at a minimum should include a GIS File Geodatabase containing the land cover dataset compatible with ArcGIS 10.8 and ArcGIS Pro 2.7 and associated metadata 0 file. The data will be in the State Plane Coordinate System, Florida East Zone, in units of U- US Survey Feet. The horizontal datum is NAD83/90 HARN, and the vertical datum is NAVD88. The County shall own the deliverables, and shall have sole rights to reproduce and sell any data or derivative information, and Respondent shall have no copy right or right to sell the data set or derivative of the data set resulting from this RFP. et (d) It is anticipated that this project can be completed within 6 months of authorization to commence work. c E CL 0 rr cv 0 CL cv cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 33 Packet Pg. 2447 K.10.a SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank,with forms to follow.] 0 0 CL c� 0 CL E 0 rr cv 4- 0 W CL cv CD cv u RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 34 Packet Pg. 2448 K.10.a RESPONSE FORM RESPOND TO:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING,ROOM 2-213 0 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 CL 01 acknowledge receipt of Addenda No.(s) I have included: • Response Form ❑ • Lobbying and Conflict of Interest Clause ❑ • Non-Collusion Affidavit ❑ c 0 • Drug Free Workplace Form ❑ • Public Entity Crime Statement ❑ vi • Monroe County occupational license and relevant E County occupational licenses are required to be 0) CL obtained within ten days of award of the contract ❑ • Local Preference Form(if applicable) ❑ rr ❑ I have included a current copy of the following professional and occupational licenses: If the applicant is not an individual(sole proprietor),please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbiz.org). cv 4- 0 Any apliilican other flian tt n individual(Sole p:"oplielor)must submit a printout of Me" ela it by Entity Name" � screen P"rorn Sunbizm tMd t: co[)y or the rnost:•ecent t::nual relilort filed vdffi the 1"loridt l e1mr1:::ient o S1.ate, Dh ision o1 Cor[iiort tions. CL Mailing Address: cv CD cv Telephone: Fax: Date U_ e( Signed: Witness: RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 35 Packet Pg. 2449 K.10.a (Print Name) (Print Name) (Title) 0 STATE OF: COUNTY OF: 0 Subscribed and sworn to(or affirmed)before me on (date)by (name of affiant). He/She is personally known to me or has produced 0 (type of identification)as identification. n. U- c� NOTARY PUBLIC My Commission Expires: 0 CL E 0 rr cv 4- 0 W CL cv CD cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 36 Packet Pg. 2450 K.10.a LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE 0 0 CL (Company) c� ...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County > officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in 'a 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 0 Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,percentage, gift, A or consideration paid to the former County officer or employee." CL (Signature) rr Date: �- STATE OF: COUNTY OF: 4- 0 Subscribed and sworn to (or affirmed)before me on (date)by (name of affiant). He/She is personally known to c CL me or has produced (type of identification) as identification cv CD cv NOTARY PUBLIC My Commission Expires: RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 37 Packet Pg. 2451 K.10.a NON-COLLUSION AFFIDAVIT I of the County of according to law on my oath,and under penalty of perjury, depose and say that = v) 1. I am of the firm of the bidder making the Proposal for 0 the project described in the Request for Proposals for and that I executed the said proposal with 0. full authority to do so; 0 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 CL to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 0 4. No attempt has been made or will be made by the bidder to induce any other person,partnership r_ or corporation to submit,or not to submit, a bid for the purpose of restricting competition; y 5. The statements contained in this affidavit are true and correct, and made with full knowledge E that Monroe County relies upon the truth of the statements contained in this affidavit in awarding CL contracts for said project. rr (Signature) Date: STATE OF: COUNTY OF: 0 Subscribed and sworn to (or affirmed)before me on CL (date)by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. `CD D cv NOTARY PUBLIC My Commission Expires: RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 38 Packet Pg. 2452 K.10.a DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) c 2 I. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of CL maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives 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), notifies 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 c statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, c any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5)days after such conviction. E 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or CL rehabilitation program if such is available in the employee's community, or any employee who is so 0 convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. r As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. N (Signature) cv 4- 0 Date: STATE OF: c COUNTY OF: CL Subscribed and sworn to(or affirmed)before me on (date)by cv (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. NOTARY PUBLIC My Commission Expires: RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 39 Packet Pg. 2453 K.10.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 try submit bids on leases of real property to public entity, may not be awarded or perform work as a Consultant, 0 supplier, subConsultant, 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,Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 0 4- CL I have read the above and state that neither (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 c (Signature) a. 0 Date: rr STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed)before me on cv 0 (date)by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. CL NOTARY PUBLIC CD cv My Commission Expires: RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 40 Packet Pg. 2454 K.10.a LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: c 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at 0 least one year prior to the notice or request for bid or proposal? (Please furnish copy.) CL c� 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? c List Address: CL Telephone Number: rr W B. Does the vendor/prime Consultant intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subConsultant dated at least one year prior to the notice or request for bid or proposal. cv 4- 2. SubConsultant Address within Monroe County from which the subConsultant operates: Telephone Number CL By: Print Name: CD cv Signature and Title of Authorized Signatory for Bidder/Responder °® STATE OF COUNTY OF RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 41 Packet Pg. 2455 K.10.a On this day of 20 , before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. 0 Notary Public c 4- CL Print Name c� My commission expires: Seal 0 CL E 0 rr CD CD cv 4- 0 W CL cv CD cv U RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 42 Packet Pg. 2456 K.10.a MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Consultants and SubConsultants CL The Consultant covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage(including property owned by Monroe County)and any other losses,damages,and expenses(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Consultant or an of its SubConsultant s in an tier, occasioned b negligence, errors or other wrongful act of omission of y O y � yg the Consultant or its SubConsultants in any tier, their employees, or agents. 0 C In the event the completion of the project(to include the work of others)is delayed or suspended as a result off 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. CL The first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for 0 above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained r elsewhere within this agreement. cv 4- 0 W CL cv CD cv RFP for Update of 2009 Geospotiol Land Cover Dotoset for the Florida Keys 43 Packet Pg. 2457 K.10.a MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County,to deviate from the 0 standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. 0 CL Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to < waive this provision. c c and E • The Indemnification and Hold Harmless provisions 0 Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. _ Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making 0 authority. CL cv cv RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 44 Packet Pg. 2458 K.10.a APPENDIX A Final Report for Monroe County Geospatial Land Cover Dataset Of The Florida Keys 0 0 CL CL 0 rr N 4- 0 w CL CD U RFP for Update of 2009 Geospatial Land Cover Dataset for the Florida Keys 45 Packet Pg. 2459