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Item C15
C.15' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �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 May 19, 2021 Agenda Item Number: C.15 Agenda Item Summary #8 176 BULK ITEM: Yes DEPARTMENT: Fire TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088 NA AGENDA ITEM WORDING: Approval of Services Agreement with Fire Recovery USA, LLC to provide Fire Inspection Billing and Collection Services. ITEM BACKGROUND: The fire inspection billing and collection services required are the same services that the Town of Davie has recently contracted on December 4, 2019, through a 3-year agreement, with Fire Recovery Services USA, LLC to provide fire inspection billing and collection services in accordance with F.S. 287.057. Monroe County Fire Rescue desires to "piggyback" onto the referenced contract between the Town of Davie and Fire Recovery Services USA, LLC for utilization of the same fire inspection billing and collection services. In accordance with Monroe County's purchasing policy written permission from the vendor to"piggyback" the aforesaid agreement has been obtained, and Section 1.51 in the Town of Davie's Request for Proposals document also provides prior authorization to "piggyback" the agreement. As described on Schedule A of the Agreement, these services include processing and invoicing of inspections and submission to the responsible parry for payment, collection of monies deemed due to the Fire Department,payments of the agreed upon amount of said monies to Fire Department and reporting of progress on a monthly basis. The Monroe County Fire Department will be reimbursed the full amount collected for each inspection, less a processing fee of$17.50 for each paid inspection. Fees will not be collected for invoices that have not been paid. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Agreement for Fire Inspection Billing and Collection Services STAFF RECOMMENDATION: Approval. DOCUMENTATION: Packet Pg.279 C.15 FIRE RECOVERY AGREEMENT w EXHIBIT A Davie Resolution R2019-339 Appv Contract for Fire Inspection Billing and Collection (Fire Recovery USA) RFP-JA-19-74 Fire Inspection Billing and Collection_201908051439228657 TownofDavie Fire Recovery USA Piggyback Authorization Letter Monroe County Insuance Waiver-Fire Recovery (signed) FINANCIAL IMPACT: Effective Date: 05/19/2021 Expiration Date: 05/18/2026 Total Dollar Value of Contract: N/A Total Cost to County: None Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: None REVIEWED BY: Pedro Mercado Completed 05/03/2021 3:38 PM James Callahan Completed 05/03/2021 3:48 PM Purchasing Completed 05/03/2021 3:51 PM Budget and Finance Completed 05/04/2021 8:27 AM Maria Slavik Completed 05/04/2021 10:29 AM Liz Yongue Completed 05/04/2021 11:08 AM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg.280 CA5.a SERVICES AGREEMENT This Services Agreement("Agreement") is made effective as of May 19, 2021 ("Effective Late", by and between FIRE RECOVERY USA, L,LC,a California limited liability company("Company'"), and MONROE COUNTY, ("Clienta). The Company and Client are referred to herein individually as a "party" and collectively as the"parties." RECITALS WHEREAS, Company engages in the business of performing billing services ('Company Services") for fire departments in connection with fire inspections andlor permits performed by Uj department personnel; WHEREAS, Client seeps the services of Company to assist with the billing for services that Client provides in connection with these inspections and/or permits; and Uj WHEREAS, Company and Client desire to enter into this Agreement to document their agreements regarding the Company Services to be provided to Client, Uj NOW, THEREFORE, in consideration of the mutual representations„ warranties and Uj covenants sett forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows- ARTICLE I ENGAGEMENT 1.1. Engagement. Client hereby engages Company to provide the Company Services Uj described in Article 4 herein, and Client hereby accepts such engagement, all on the terns and conditions set forth herein_ Company will determine the method, detail and means of performing the services detailed below. 1.2 Team: Term of this Agreement shall be 5 years commencing May 19, 2021 and Uj terminating May 18, 2026 Client shall have the option to renew the Agreement for one (1 additional 5 year terra, Uj ARTICLE REPRESENTATIONS AND WARRANTIES LL 2.1. Representations and Warranties of Company: Company hereby represents and' warrants to Client that,at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and In goad standing under the laws of the State of California. 2.2. Representations and Warranties cf Client: Client hereby represents and warrants to Company that, at all tires during the term of this Agreement, Client is a organized Client established pursuant to the laws and ordinances of the state in which Client is Located. Packet Pg. 281 CA5.a ARTICLE 3 COMPANY STATUS AND QUALIFICATIONS 1 Independent _Qontragtpr Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. C ompany agrees that it will not become an employee, partner, went or principal of Client while this Agreement is in effect. _2. Pa m nt of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Company for services rendered under this Agreement. On request,Company will provide Client with proof of timely payment. Company agrees to indemnify Client for any claims, oasts, losses; fees, penalties, interest,or damages suffered by Client resulting from Company's failure to comply Uj with this provision. . . IJse!2f EmDlgypp ,s or Subcontractors:Company may, at Company's own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Client may not control, direct, or supervise Company's employees or subcontractors in the performance of those services, Uj .4. _Qualifications:Company represents that it is qualified and has the skills necessary Uj to perform the services under this Agreement in a competent and professional manner, without Uj the advice or direction of Client. .5. Qwnershio Interest: Company will have no ownership interest in Client. .6. No S rwefit_Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Client. LLJ .7. Attorney-in-Fact: Client appoints Company as Client's attorney-in-fact for the following purposes: (a) Filling and Collections-To bill and collect("Collections")all revenue earned by and due to Client, in connection with Client's provision of inspection and permits, and Uj to receive all Collections on Client's behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings Uj pertaining to or arising out of Company's or Clients right to collect such amounts; and LL (b) Endorsement: To take possession of and endorse in Client's name any notes, . . checks, money orders, and any other instruments received as Collections, ARTICLE 4 GENERAL RESPONSIBILITIES OF COMPANY 4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Servicesunder this Agreement as may be, i Company's sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement. Packet Pg. 282 CA5.a 4.2. Company Services. Company agrees to perform the Company Services as set forth in the"List of Company Services!' attached hereto as Schedule "A" and incorporated herein by reference, including those additional services requested by Client and accepted in writing by the Company during the terra of this Agreement.. 4. . Nqn-Exgtusive Bglatigns-N12: Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company's sole discretion, sees fit. 4.4. Time and Place of Performing Work Company may perform the service under this Agreement at any suitable time and location Company chooses. UJ 4.5. lrllatewtals anti EguipMent: Company will supply all materials and equipment required to perform the services under this Agreement. 4.6. + orl M' Co nsatlon: Prior t the commencement o work govented by this contract, the Company will obtain Workers' Compensation Insurance with limits sufficient to UJ respond to applicable Workers' Compensation state states and the requirements of Chapter 440, Florida Statutes. In addition., the Company will obtain Employers' Liability Insurance with limits of not less than; UJ a) $100,000 Bodily Injury by accident UJ b) $500,000 Bodily It plury by Disease, policy limits c) $100,000 Bodily Injury by Disease,each.employee Coverage will be maintained throughout the entire term of the Agreement. Coverage will be provided by a company or companies authorized to transact business in the State of Florida. If the Company has been approved by the Florida's Department of Labor, as an UJ authorized self-insurer, the County may recognize and honor the Company's status. The Company may be required to submit a Letter or Authorization issued by the Department o Labor and. a Certificate of Insurance, providing details on the Company's Excess Insurance ,Program. UJ If the Company participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Company may be required to submit updated financial statements UJ from the fund upon request from the County. 4.7 General Liability Insurance. Prior to the commencement of work ,governed by LL this contract, the Company will obtain Commercial General Liability Insurance. Coverage will be maintained throughoutthe life of the.Agreement and include,as a rain.' f a) Premises Operations, b) products and Completed, c) Blanket Contractual Liability, d) Personal Injury Liability. e minimum bits acceptable is: (a) $300,000 Combine 'Single Limit(C L). An Occurrence Form policy is preferred.If coverage is provided on a Claims.bade policy, its provisions should include coverage for claims filed one or after the effective date of this Packet Pg. 283 CA5.a contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (1 months following the acceptance of work by the County. The Monroe County 'Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. .8 EMpl2yee l ishortesty Insurance: The Company will purchase and maint throughout the team of the contract, Employee Dishonesty Insurance which will pay for the loss of County funds or property caused by the fraudulent or dishonest acts of the Company's ca employees or its agents,whether acting alone or in collusion of others. The minimum limit i (a) ' 1 g ,gtlg per Occurrence Uj 4.9 Assici nment; Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of Client, which consent shall not be unreasonably withheld. Uj ARTICLE COMPENSATION OF COMPANY Uj Uj .1, Cornaensatron for Company Services. All Company Services provide pursuant to this Agreement will be provide in accordance with the terms,including compensation amounts and schedule of remittance, set forth in the "List of Company entices,' attache' hereto as Schedule A. 52. The provisions of Article 1'1 of this Agreement will govern any dispute associated with compensation. Uj ARTICLE 6 OBLIGATIONS OF CLIENT 6.1. CooMration of Client: The Client agrees to comply with all reasonable requests Uj of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. The Client agrees to adopt, Implement and enforce Uj policies and procedures to assure Client personnel perform the steps necessary to provide Company with a database of Inspection and/or permit businesses in a format acceptable to company and to perform the inspections in a frill and complete manner to facilitate the provisions LL of Company Services, . (a) to help Company arrange for that coverage. 61 6ssdonment Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client or Company without the pricer written consent of the other. ARTICLE 7 CLIENT AUTHORIZATION 7.1. Aultigrizatimy Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Client prior to performing any of the following: Packet Pg. 284 CA5.a (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of Client's interest in any sums owed to Client; and (b) All other limitations as stated by the terms of this Agreement. ARTICLE 8 TERMINATION OF AGREEMENT 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement,. either party may terminate this Agreement at any time by giving sixty days ( 0) written notice to the rather party. Unless earlier terminated as set forth below,this Agreement shall be effective as LIJ of the date first set out above and shall continue for a period of three (3) year thereafter, This Agreement shall automatically renew for successive one ( ) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. 8.2. Termination on OccjLUno of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; LIJ ( ) Bankruptcy or insolvency of either party' LIJ (b) The assignment of this Agreement by either party without the consent of the rather LIJ party, the parties agree that neither party will unreasonably withhold consent to such an assignment. Terminalio f r lief tilt: if either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination mill take effect. immediately on receipt of notice by the breaching party or five days (6) after mailing of notice, LIJ whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to,the following: (a) Company's failure to complete the services specified In the Description of Services,, (b) Client's material breach of any representation, warranty or agreement contained in thisAgreement; Uj (c) Company's material breach of any representation, warranty or agreement LL contained in this Agreement; (d) Client's failure to matte payments a described in 'Schedule A Section T. ARTICLE PROPRIETARY RIGHTS 9.1. Confidential„ lnformatlon: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Compan)(s use are the stale property of Client.. This proprietary information includes, but is not limited to, customer requirements, customer lists„ marketing information, and Information concerning the Client's employees, products, services, prices, operations, and subsidiaries. Company will keep this confidential Packet Pg. 285 CA5.a information in the strictest confidence, and will not disclose it by any means to any person except with the Clients approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees„ agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Company's possession to Client. 9.2 Confidigntial inform tion- Any written, printed graphic; electronically or � magnetically recorded information, computer-based hardware, software, applications, software ca scripts,or software links furnished by Company for Client's use are the sole property of Company. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and wnfomnation concerning the Company's employees, products, services, prices, operations, and subsidiaries. Client will keep this confidential information in the UJ strictest confidence, and will not disclose it by any means to any person except with the Company's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Client's employees, agents, and subcontractors, an termination of this Agreement,Client will return any confidential information in Client's possession to Company. UJ ARTICLE INDEMNIFICATION UJ UJ 10.1. Indemnification; To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and all loss, damage, liability, claims andlor injury resulting from all actions performed by the Company, or its agents on the Company's behalf, in connection with this Agreement. However,this indemnification shall not apply with respect to any legal cause, action or consequential liability or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Client nor shall it apply to any act, omission or negligence of the Client ULJ ARTICLE 11. GENERAL PROVISIONS UJ 11.1. Covernino Law; This Agreemennt shall be governed in all respects by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction that would cause the application of the UJ laws of any jurisdiction other that the Mate of California). 11.2. Entire_. greerpent This Agreement constitutes the entire agreement between the LL Parties pertaining to the subject matter contained in it and supersedes all prior and • contemporaneous agreements, representations, and understanding of the parties. 11 3. auccgSgom apd Aasigri2 Except as otherwise provided herein, the provisions hereof small inure to the benefit of,and be binding upon,the successors,assigns, heirs,executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder, provided, however, that such party remains liable for full and total performance of its obligations hereunder.. 6 Packet Pg. 286 CA5.a 11.4. L4otiggs. Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier,on the date of delivery, if a Business Day, or if not a business day, on the first Business pay following delivery, or if mailed, three days after mailing by registered or certified mail,return receipt requested,and in each case,addressed„ s follows. If to the Company to: with a copy to: Fire Recovery USA, LLC The Watkins Firm, APC 71 Lava Ridge Court, Suite 120 4275 Executive Square, Suite 1020 Roseville CA 95551 La Jolla, CA 9 037 Attention. Craig Nagler Attention: Chris Popov, Esq. UJ If to Client to- with a copy to: Monroe County Fire fescue Monroe County Attorneys Office 490 e3rd St. Ocean 1111 t th St., Suite 408 UJ Marathon, FL 33050 ley West, FL 33040 Attention: Fire Chief UJ UJ Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission confirmed electronically,to the facsimile numbers provided above, or to such other address or telecopy number as any party shall specify to the other, pursuant to the foregoing notice provisions.When used in this Agreement, the term.."Business Clay"shall mean a day other than a Saturday, Sunday or a Federal Holiday_ 11.5, Waiver: A endrnents: This Agreement, and the Transaction Documents, (1) set UJ forth the entire agreement of the parties respecting the subject ratter hereof, (li)supersede any prior and contemporaneous understandings, agreements, or representations by or among the parties,written or oral,to the extent they related in any way to the subject matter hereof, and (iii may, not be amended orally, and no right or obligation of any party may be altered, except as UJ expressly set forth in a writing signed by such ,party. 1°1.5. C untergarts; This Agreement may be signed in several counterparts, UJ 11.7. Exoerss: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. LL 11.8. 6rbitrAQn (a) If at any time there shall be a dispute arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing and shall be final and bidding upon all involved parties. The site of any arbitration shall be at a site agreed to by the parties and the arbitration decision can be enforced in a"court o competent jurisdiction", 7 Packet Pg 287 CA5.a (b) This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby. 11.9. Waiver of Ju Trial' Exern la_ ma THE PARTIES HERETO HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT- NO PARTY SMALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE Ca ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREBY.. 11.10 Qooperative Purchases. This Agreement may be used by other government UJ agencies.Company has agreed to offer similar serves to other agencies under the same or similar rrns and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs„ and other ,agency requirements. The ClientlCountylor ClientlProtection District will in no way whatsoever incur any liability in relation to specifications, UJ delivery, payment, or any other aspect of purchase by other agencies. ARTICLE 12 UJ CLIENT(MONROE COUNTY) PROVISIONS UJ 121 Books Records and Documents: Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report a5 per 2 CFR 200.3,33,whichever is greater. Each party,to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each ether party to this Agreement for public records purposes during the terra UJ of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid toCompany pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by Company, then Company shall repay the monies together with intent calculated pursuant to UJ Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 12.2 aMtg ilit'ty`, If any term, covenant, condition or provision of this Agreement (or UJ the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms,covenants,conditions and provisions of this Agreement, shall not be affectedthereby; and each remaining term, covenant, LL condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the on final intent of this Agreement. The county and company agree to reform the Agreement to repace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 12.3 Attorngy's Fees and Costs: The Client and Company agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneyMs fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees,courts costs, investigative, and Packet Pg 288 CA5.a out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted Pursuant to this Agreement shall be in accordance with the Florida Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12.4 Adiudiration of ©isputes or C]isagrnts Client and Company agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Client and Company representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seep such relief or remedy as may be provided by this Agreement or by law, 12.5 go ratiofr In the event any administrative or legal proceeding is instituted UJ against either party relating to the formation, execution, performance, or breach of this Agreement, Client and Company agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of FM this Agreement or provision of the services under this Agreement. 12.6 Non is_ crimination. The parties agree that there will be no discrimination against ULJ 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 UJ further action on the part of any party, effective the date of the court order. The parties agree to UJ comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating t nondiscrimination. These include but are not limited to: 1)Title Vll of the Civil Rights Act of 1964 (PL 88- ),which prohibit discrimination in employment on the basis of race, color, religion,sex, and national origin; 2) Title IBC of the Education Amendment of 1972, as amended (20 USC § 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sox; 3) Section 504 of the Rehabilitation Act of 1973,as amended (20 USC 3 794),which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC§§6101-6107), UJ which prohibits discrimination on the basis of age; 6) The Drug Abuse Office and Treatment Act of 1972 (Pt_ 92-255)r as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and UJ 290eee-3), as amended,, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3691 et seq.), as amended, relating to UJ nondiscrimination in the safe, rental or financing of housing; 9) The Americans with Disabilities Act of 1999 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 19) Monroe County Code Chapter 14, Article 11, which LL prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other W nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, 12.7 Covenant of No Interest: Client and Company covenant that neither presently has any interests and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 12.8 Code of thics= Client agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.31 , Florida Statutes, regarding, but not limited to, solicitation or Packet Pg. 289 CA5.a 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.. 12.9 Pgblic records+tern lung Company roust comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the onst ution of Florida Client and Company shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by Client and Company in conjunction with this contract and related to contract performance. Client shall not have the right to access proprietary or confidential information. Client shall have the right to unilaterally cancel this contract upon violation of this provision by UJ Company. Failure of Company to abide by the terms of this provision shall be deemed,a material breach of this contract and Client may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney"s fees and costs associated with that proceeding. This provision shall survive any termination or expiration. of the contract. UJ Company is encouraged to consult with its advisors about Flordda Public records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Company is required to; UJ 1) Keep and maintain public records that would be required by Client to perform the service, UJ 2 Upon receipt from Clients custodian of records, provide lie, i a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this,chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Company does not transfer the records to Client. UJ ( ) Upon completion of the contract,transfer,at no cost,to Client all public records in possession of Company or keep and maintain public records that would be required by Client to perform the service, If Company transfers all public records to Client upon completion of the contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the contract, Company shall ,meet all applicable requirements for retaining public records. All records stored electronically ,,rust be provided to Client, upon request from Client's custodian of records, in a format that is compatible with the information technology UJ systems of Client, b) A request to inspector copy public records relating to a Client contract roust be made directly LL to Client, but if Client does not possess the requested records, Client shall immediately notify Company of the request, and Company must provide the records to Client or allow the records t be inspected or copied within a reasonable time.. it Company does not comply with Client's request for records, Client shall enforce the public records contract provisions in accordance with the contract, notwithstanding Clients option and right to unilaterally cancel this contract upon violation of this provision by Company. An entity who fails to provide the public records to Client or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Company shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided In this provision or as otherwise provided by law. 10 Packet Pg. 290 CA5.a IF COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CrCMPANY S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT 305) 292-3470, BRADLEY-BRIAN�?a MQNROECOUNT"Y-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. ca 12.10 Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of Client and Company in this Agreement and the acquisition of any UJI commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage' nor shall any contract entered into by the Client be required to contain any provision for waiver. 12_11 Privileges and ImmUJI unities; All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and ether benefits which apply to the activity of officers, agents, or employees of UJI any public agents or employees of Client, when performing their respective functions under this UJI 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_ 12.12 Legal Obligations and Rel2onsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to UJI the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Client, except to the extent permitted by the Florida institution, state statute, and case law. UJI 12.13 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 UJI or entitlement to or benefit of any service or program contemplated hereunder, and Client and Company agree that neither Client nor Company nor any agent, officer, or employee of either LL 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. 12.14 Attestations: Company agrees to execute such documents as Client may reasonably require,to include a Public Entity Crime Statement, an Ethics Statement,and a Drug- Free Workplace Statement (Attachment 1). 12.15 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 the parties in his or her individual capacity, and no member, officer, agent or employee of the parties shall be liable personally on this Agreement or be subject to any personal liability or accountability by 11 Packet Pg. 291 CA5.a reason of the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. COMPANY: FIRE RECOVERY USA, LLC. `'� a California limited Ii mpany Wiitness- Print Name: Name; M. rai er Uj Title: CEO (SEAL) BOARD OF COUNTY COMMISSIONERS Uj ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA Icy. By- Uj Deputy Clerk MaydrtChairman Uj Uj Uj Uj U. Packet Pg 292 CA5.a SCHEDULE A LIST OF COMPANY SERVICES 1. Company agrees to bill the responsible pasty on the Client's behalf for fire inspection and/or permit services rendered by the Client and recorded and processed by Company The inspection and/or permit flees aie listed in EXHIBIT A, but may change over time. Client will provide notice to Company of changes to its fee schedule. 2. Company will provide, as a nonnal matter of business, processing and invoicing of inspections and/or permits and submission to the responsible party for payment, receipts of monies deemed Uj due to the Client,payments of the agreed upon amounts of said monies to Client, and reporting of progress via Recovefyhub. 3. Company agrees to bill to the best of its ability all inspections and/or permits provided to Company by the Client 4. Company agrees to remit to Client the full amount collected for each inspection less a processing Uj fee of Seventeen-dollars and Fifty-cents ($17.50)for each paid inspection. Companywill also collect Fifty Percent(50%)of any late fee assessed by the Client and paid by the inspection client Uj as compensation for Company's billing efforts. Uj 5. If paid by credit card, a credit card fee of 2.8 -3%will be passed along to the customer as a "convenience fee". 6. Company agrees to pay the funds due to the Client for its inspections and/or permits on a monthly basis, within seven(7) working days after the close and accounting of the monthly billing cycle. 7. Company agrees to make reports available via RecoveryHub, a password protected website,for Uj the Client which will set forth the status of all inspections and/or permits and provide an accounting of all payments and amounts due the Client under the terms of this Agreement. a. Company will not be responsible for, nor accept any liability for,any erroneous,invalid,or illegal inspections or permits performed by Client. Uj 9. Parties acknowledge a critical component to the success of the billing effort is the acquisition by the Client of the necessary contact Information for the responsible party at each inspection and/or LLI permit location to whom the invoice will be sent. The Client agrees to obtain, for each business location, the e-mail address and telephone number for the responsible party for payment. If the Client does not maintain an 80%success rate for obtaining accurate contact information, the LL Company reserves the right to charge a fifteen-dollar($15) processing charge for attempting to . . identify the responsible party,whether that effort is successful or not. If this fee is charged by the Company the total fee for each month will be documented and subtracted from the monthly payment set forth in 4, above 10. Client will, to the extent it deems appropriate and ne wry, expend the resources and take the required actions to obtain payment forall invoicesthat remain unpaid after60 days of the invoice date and arrange for those payments to be forwarded to the Company for processing under the terms of this Agreement Packet Pg. 293 CA5.a EXHIBIT A CLIENT INSPECTION FEE SCHEDULE (See Following Pages ca uj uj uj uj uj uj uj U. Packet Pg. 294 RESOLUTION NO. 104 -2020 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING THE MONROE COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE, ATTACHED HERETO AND MADE A PART OF THIS RESOLUTION AS EXHIBITA.;AND HEREBY PROVIDING AN EFFECTIVE DATE. 0 WHEREAS, Monroe County Fire Rescue, under the direction of the Monroe County 2 Fire Chief, is responsible for fire safety and prevention throughout Monroe County; and WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire Chief,has the duty and authority to conduct ongoing fire prevention code inspections and,when E applicable, the authority to order the removal of dangerous or hazardous conditions or material and, if necessary, require standby fire personnel to mitigate emergency conditions; and WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter"BOCC") adopted Ordinance No. 013-2020 at a public hearing held April 15, 2020 amending Chapter 13 of the Monroe County Code setting forth updated and additional fire protection and permit/fire inspection requirements; and WHEREAS, pursuant to Chapter 13 of the Monroe County Code, as amended by the ordinance adopted April 15, 2020 by the BOCC, the fees necessary to cover the cost for the services by the County Fire Marshal must be established by resolution of the BOCC; and WHEREAS, the Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and made a part of this resolution as Exhibit A., is being presented for approval by the BOCC; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and made a part of this Resolution as Exhibit A., is hereby adopted. Section 2. Effective date. This resolution shall become effective October 1, 2021. Page 1 of 2 Packet Pg. 295 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of April, 2020. ca Mayor Heather Carruthers No Mayor Pro Tem Michelle Coldiron Yes Commissioner Craig Cates Yes '° Commissioner David Rice Yes '�'` �i ^� r' Yes > C ommissioner Sylvia J. Murphy c °�titiATTEST;, ) VIN MAD OK,Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE UN Y FLORIDA D By: �^^^�-� By: yo As Deputy Clerk M r a her Carruthers 4- 0 76 'NROE ODUNTY OF ANEY RM • t - e► 74r'_'� PED J. e= A S S I . 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V O c m c O C p O O C CL to LL c O O �3 a t6 N a) m C O) U — c Z_- — a c c a U Q 1 U U to Q (6 p L c 0 U to a) m « a) a) L ~ Z O _0) O O O C Q) Oj a) LL N d N Z ti y- . _c ._ to a) — - .� U) '- CO "' '� O N Q U a) E p •L I_ 'a 0 L N U) C M L a) � a) O L N C — d U) f6 — (- N a) C O > C p p C > 0 O a) m -Q —1 N N C p — `�' L M a) V Q oc N � d w No w o o0 3 a) a) CM c Qi 4) 1 O L aa) F -a LO a) — L L R a ti. cr a) > a) a) Q cn iL Q . . . . . . CO cn E- Q cs3 c.0 i- i - .c E O L O H a) c L a) a) � c� N �- t0 •� O O O d a N > O L C a) a) lL .= O = = O a) = C F- aa)) c: c ctZ I- = � �- UdMWQWWJ C.15.b RESOLUTION NO. R 2019-339 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE NEGOTIATED CONTRACT WITH FIRE RECOVERY USA, LLC TO PROVIDE FIRE INSPECTION BILLING AND COLLECTION, AS APPROVED BY RESOLUTION 2019-284; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town solicited proposals to provide a fire inspection billing and collection services; > 0 WHEREAS, the Town of Davie negotiated with sole respondent, Fire Recovery USA, LLC, in accordance with RFP No. JA-19-74; WHEREAS, Fire Recovery USA, LLC is best qualified to provide the required services for fire 0 inspection billing and collection services; WHEREAS, the Town Council authorized the Town Administrator or his designee to negotiate an agreement for these services through Resolution 2019-284; and WHEREAS, after review, the Town Council wishes to accept the negotiated contract with Fire y Recovery USA,LLC. 2 c NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE THAT: 0 Section 1. Legislative Findings/Recitals. The above recitals are hereby adopted by the Town of > Davie as its legislative findings relative to the subjects and matters set forth in this Resolution. Section 2. The Town Council hereby accepts the agreement with Fire Recovery USA, LLC. Section 3. This Agreement will commence with the execution of this agreement for an initial term of three (3) years. The Town reserves the right to renew the agreement for two (2) additional one (1) year periods, providing that both parties agree that all teens, conditions and specifications remain the same, contingent upon approval by the Town Administrator. Section 4. Conflict. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. Packet Pg.301 C.15.b Section 5. Severability. If any provision of this Resolution or the application thereof to any g person or circumstance is held invalid, it is the intent of the Town Council that such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid - provision or application and, to this end, the provisions of this Resolution are declared severable. Section 6. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 4TH DAY OF DECEMBER, 2019. �C c F -1fAYOR/COUNCILMEMBER F u ATTEST: f � _ TO CLERK 0 APPROVED THIS 4TH 0AY OF DECEMBER, 2019. Approved as to Form and Legality: f TOWN ATTORNEY y c 0 cv c 0 R 2019-339 Packet Pg.302 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection 4- AGREEMENT No.RFP#JA-19-74 BETWEEN THE TOWN OF DAVIE > AND c FIRE RECOVERY USA,LLC THIS AGREEMENT is made and entered into as of this �-k day of by and U) between Fire Recovery USA, LLC, a corporation organized and existing under the laws of the State of California, with offices at 2271 Lava Ridge Court, Suite 120, Roseville, CA 95661 (hereinafter referred to as the "Contractor"), and the Town of Davie, a political subdivision of the State of Florida, having its principal 0 office at 6591 Orange Drive,Davie,Florida 33314(hereinafter referred to as the"Town"). m WITNESSETH: c WHEREAS, the Contractor has offered to provide the materials and/or services and to be bound by the Plans and the terms and conditions of the Request for Proposals No. JA-19-74 Fire Inspection Billing and Collection which includes the Negotiated terms, General Terms and Conditions of the Request for Proposals, Specifications, Bid Forms, and associated addenda attached hereto and incorporated herein as Exhibit "A", and the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B"; WHEREAS, the Contractor has submitted a written proposal dated August 19, 2019, hereinafter referred to as the "Contractor's Proposal",the terms of which are incorporated herein by reference as if fully set forth herein;and WHEREAS, the Town desires to procure from the Contractor such services for the Town, in accordance with the terms and conditions of this Agreement. c NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the parties hereto agree as follows: 0 1. The Contractor agrees to provide the materials and/or services pursuant to and to be bound by the > Negotiated terms, the terms and conditions of the Request for Proposals, which includes General Terms and Conditions, Specifications,Bid Forms,and associated addenda and the terms of which are incorporated herein by reference as if fully set forth herein and attached hereto as Exhibit "A", and the Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". CD cv 2. The Town agrees to abide by and to be bound by the Negotiated terms,the terms and conditions of the Request for Proposals,which includes General Terms and Conditions, Specifications,Bid Forms,and associated addenda attached hereto and incorporated herein as Exhibit "A", and by the terms of Contractor's Proposal y attached hereto and incorporated herein as Exhibit"B". 3. Contractor shall deliver materials and/or provide services in accordance with the Negotiated terms, the M terms and conditions of the Request for Proposals, Bid Forms and addenda attached hereto and incorporated herein as Exhibit "A" and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 1 Packet Pg.303 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection 4- 4. The Town agrees to make payment in accordance with the Negotiated terms,the terms and conditions of 76 the Request for Proposals, Bid Forms and addenda attached hereto and incorporated herein as Exhibit "A" and > with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 0 5. This Agreement and attachments hereto constitute the entire agreement between the parties hereto, and '✓ its provisions shall not be amended,except in writing,after formal approval by both parties. 6. This Agreement will commence with the execution of this agreement for an initial term of three (3) W years. The Town reserves the right to renew the agreement for two(2)additional one(1)year periods,providing that both parties agree that all terms,conditions and specifications remain the same,contingent upon approval by W the Town Administrator. 7. In addition to any other contractual indemnification provisions in Exhibit"A"or Exhibit"B"in favor of the Town, Contractor hereby agrees to indemnify and hold the Town harmless from any and all claims, suits, actions, damages, causes of action, and attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or materials used or supplied in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of W <� 2019. U FIRE RECOVERY USA,L By: (Signatu TOWN OF DAVIE tJ > Name ` / ty By v (Print) vtcc tdtYth �t� t 5a r r9 Title: �.• ra.•, 4" ,o Date: CD rd Date: G _ Att st: Evelyn oig,Town Clericc y Approved as to form W Attest: and legal sufficiency a� Corpo- to Se ublic M Elizabeth Loconte,Town Attorney Corporate Seal/Notary Seal 2 Packet Pg.304 C.15.b 0 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 0 !'-'`��-WW`i "'°=� Y�'a '{�,�';;<.��.i"tc°k�k°� ��1'nk�r,���,-�?1'_�Y. �2i''+��v�:k�'."�4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document 0 to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. 0. State of Calif*ia County of l Onv' 1 ^" " before me 0 0 ate ;�� � S Here Insert Name and Title of th Officer � personally appeared Name(s)of Signer(s) C 0 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity 0 upon behalf of which the person(s) acted, executed the instrument. 01 I certify under PENALTY OF PERJURY under the CAROL l TUFARO laws of the State of California that the foregoing '�. is true and correct. Notary Public-California paragraph Z z � Riverside County >_ � Commission k 2299979 WITNESS my hand and official seal. 0. MY Comm.Expires Aug 30,2023 �i y i Signature P/ace Notary Seal and/or Stamp Above Signature of Not y Public OPTIONAL Completing this information can deter alteration of the document or 0 fraudulent reattachment of this form to an unintended document. CJ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: cv Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ElPartner— ElLimited ❑ General ElPartner— ElLimited ElGeneral y ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: > Signer is Representing: Signer is Representing: ©2017 National Notary Association o Packet Pg.305 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection Agreement U) Exhibit "A" SERVICES AGREEMENT This Services Agreement("Agreement")is made effective as ofb � _ 2019 0. 0. ("Effective Date"),by and between FIRE RECOVERY USA,LLC,a California limited liability company < ("Company"), and The Town of Davie,FL, ("Fire Department"). The Company and Fire Department are et referred to herein individually as a"party"and collectively as the"parties." ARTICLE 1 > ENGAGEMENT 1.1. Engagement: Fire Department hereby engages Company to provide the Company Services described in Article 4 herein, and Fire Department hereby accepts such engagement, all on the terms and conditions m set forth herein. Company will determine the method, detail and means of performing the services detailed below. 0 ARTICLE 2 REPRESENTATIONS AND WARRANTIES U 2.1. Representations and Warranties of Company: Company hereby represents and warrants to Fire Department that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of California. S 2.2. Representations and Warranties of Fire Department: Fire Department hereby represents and warrants to Company that, at all times during the term of this Agreement,Fire Department is a organized fire department established pursuant to the laws and ordinances of the state in which Fire Department is located. ARTICLE 3 COMPANY STATUS AND QUALIFICATIONS 3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will not become an employee, partner, agent or principal of Fire Department while this Agreement is in effect. 0 U 3.2. Payment of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Fire Department to Company for services rendered under this Agreement. On request, Company will provide Fire Department with proof of timely payment. Company agrees to indemnify fire Department for any claims, costs, losses, fees, , penalties, interest, or damages suffered by Fire Department resulting from Company's failure to comply with this provision. c 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense,use any employees or subcontractors as Company deems necessary to perform the services required of Company by this y Agreement. Fire Department may not control,direct, or supervise Company's employees or subcontractors in the performance of those services. m 3.4. Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of m Fire Department. 3 Packet Pg.306 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection 0 3.5. Ownership Interest: Company will have no ownership interest in Fire Department. 0 3.6.No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Fire 0. Department. 0 3.7. Attorney-in-Fact: Fire Department appoints Company as Fire Department's attorney-in-fact for the et v) following purposes: (a) Billing and Collections: To bill and collect("Collections") all revenue earned by and due to Fire Department, in connection with Fire Department's provision of inspection services provided/rendered at business locations throughout the Fire Department's service area, and to receive all Collections on Fire Department's behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company's or Fire Department's right to collect such amounts provided, however, Company may not take legal action to collect fees without prior permission of Fire Department; and c 0 (b)Endorsement: To take possession of and endorse in Fire Department's name any notes, checks, money orders, and any other instruments received as Collections. ARTICLE 4 GENERAL RESPONSIBILITIES OF COMPANY =_ 4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Services under this Agreement as may be, in Company's sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement. y 4.2. Company Services: Company agrees to perform the Company Services related to billing and collecting set forth in the"List of Company Services"attached hereto as Schedule"A"and incorporated herein by reference. At any time during the course of this agreement the Fire Department may add on additional services offered by the Company. This would include but not be limited to EMS Transport Billing,False Alarm Registration and Billing, HazMat Management and Permitting, and Self-Inspections. These services may be added by amending the"List of Company Services". c 4.3.Non-Exclusive Relationship: Company may represent,perform services for, and contract with as many additional clients,persons, or companies as Company, in Company's sole discretion, sees fit. r9 r9 4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses. N 4.5.Workers' Compensation: Company agrees to provide workers' compensation insurance for Company and Company's employees and agents and agrees to hold harmless and indemnify Fire Department for any and all claims arising out of any injury, disability, or death of any of Company's employees or agents. y 4.6. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be m assigned by Company without the prior written consent of Fire Department, which consent shall not be unreasonably withheld. 4 0 Packet Pg.307 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection ARTICLE 5 COMPENSATION OF COMPANY 5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement c M will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the"List of Company Services,"attached hereto as Schedule A. 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation. U) ARTICLE 6 OBLIGATIONS OF FIRE DEPARTMENT 6.1. Cooperation of Fire Department: The Fire Department agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. 6.2. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Fire Department or Company without the prior written consent of the other. m 0 ARTICLE 7 FIRE DEPARTMENT AUTHORIZATION 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Fire Department prior to performing any of the following: (a)The sale conveyance,transfer,pledge exchange, assignment, hypothecation, or encumbrance � of Fire Department's interest in any sums owed to Fire Department; and (b) All other limitations as stated by the terms of this Agreement. ARTICLE 8 TERMINATION OF AGREEMENT 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty(30)written notice to the other party. Unless earlier terminated as set forth below,the initial term of the Agreement shall be effective as of the date first set out above and shall continue for a period of three(3)years. The Town reserves the right to renew the agreement for two (2)additional one(1)year periods,providing that both parties agree that all terms, U conditions and specifications remain the same,unless either party provides written notification to the > other party of its decision not to renew this Agreement. Contract extensions, if appropriate, will be subject to approval by Town Administrator or designee. r9 Non-appropriation Clause: Contractor acknowledges that the Town of Davie is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory c44 mandate. In the event that public funds are unavailable and not appropriated for the performance of the Town of Davie's obligations under this contract,then this contract shall automatically expire without penalty to the Town of Davie thirty(30) days after written notice to Contractor of the unavailability and 0 non-appropriation of public funds. It is expressly agreed that the Town of Davie shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract,but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. 5 Packet Pg.308 C.15.b Town of Davie P#.TA-19-74 Fire Inspection Billing and Collection 8.2. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; ,- (a)Bankruptcy or insolvency of either party; c 76 (b)The assignment of this Agreement by either party without the consent of the other party. 2 0. 8.3. Termination for Default: If either party defaults in the performance of this Agreement or materially breaches any of its provisions,the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days (5) after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes,but is not limited to,the following: (a)Company's failure to complete the services specified in the Description of Services; (b) Fire Department's material breach of any representation, warranty or agreement contained in this Agreement; (c)Company's material breach of any representation,warranty or agreement contained in this Agreement; c ARTICLE 9 PROPRIETARY RIGHTS 9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Fire Department for Company's use are the sole property of Fire Department. This proprietary information includes,but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Fire Department's employees,products, services, prices, operations,and subsidiaries. Company will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Fire Department's o approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, y Company will return any confidential information in Company's possession to fire Department. TICLE 10 INDEMNIFICATION 10.1. Indemnification by Fire Department: Fire Department shall indemnify Company and hold it i harmless from any and all liability, including reasonable attorney's fees, caused by or resulting from; (i)any negligent or intentional acts or omissions of Fire Department or any officer, director, U agent, or employee thereof, or > (ii) any breach of this Agreement by Fire Department. e( 10.2. Indemnification by Company: Company shall indemnify Fire Department and hold it harmless from any and all liability, including reasonable attorneys' fees, caused by or resulting from; (i)the negligent or intentional acts or omissions of Company or any officer, director, agent, or N employee thereof, or (ii) any breach of this Agreement by Company. 0 6 Packet Pg.309 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection ARTICLE 11 GENERAL PROVISIONS 11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of c M Florida, without giving effect to any choice or conflict of law provision or rule(whether of the State of Florida or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of Florida). et 11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties. 0 11.3. Successors and Assigns: Except as otherwise provided herein,the provisions hereof shall inure to the benefit of, and be binding upon,the successors, assigns, heirs, executors and administrators of the parties hereto.No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided,however, i any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however,that such party remains liable for full and total performance of its obligations hereunder. 0 11.4. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a business day, on the first Business Day following delivery, or if mailed,three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows: If to the Company to: Fire Recovery USA, LLC 2271 Lava Ridge Court, Suite 120 m Roseville CA 95661 U- Attention: Craig Nagler If to Fire Department to: Davie Fire Department 6901 Orange Drive Davie, FL 33314 Attention: Fire Administration with a copy to: r9 The Watkins Firm, APC 4275 Executive Square, Suite 1020 La Jolla, CA 92037 Attention: Chris Popov, Esq. c with a copy to: Attention: 7 Packet Pg.310 C.15.b Town of Davie P#JA-19-74 Fire Inspection Billing and Collection Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission „- confirmed electronically, to the facsimile numbers provided above, or to such other address or telecopy c 76 number as any party shall specify to the other, pursuant to the foregoing notice provisions.When used in this Agreement,the term"Business Day" shall mean a day other than a Saturday, Sunday or a Federal Holiday. 11.5. Waiver; Amendments: This Agreement, and the Transaction Documents; (i) set forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any prior and ontemporaneous understandings, agreements, or representations by or among the parties, written or oral,to the extent they related in any way to the subject matter hereof, and (iii)may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in a writing signed by such party. 11.6. Counterparts: This Agreement may be signed in several counterparts. c 11.7. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. 11.8. Arbitration: (a) If at any time there shall be a dispute arising out of or relating to any provision of this —_ Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association.Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final y and binding upon all involved parties. The site of any arbitration shall be within the County of Broward in the State of Florida. The award may be confirmed and enforced in any court of competent jurisdiction. The parties hereby agree that any federal or state court sitting in the County of Broward in the State of Florida is a court of competent jurisdiction. This paragraph does not limit in any way a party's right to seek injunctive relief in any state or federal court sitting in the County of Placer in the State of California(jurisdictional, venue and inconvenient forum objections to which are hereby waived by both parties), including recovery of fees and costs. (b)This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby. r9 r9 11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS N GREEMENT OR ANY TRANSACTION DOCUMENT.NO PARTY SHALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREB 0 8 Packet Pg.311 C.15.b Town of Davie RFP#JA-19-74 Fire Inspection Billing and Collection SCHEDULE A 4- LIST OF COMPANY SERVICES c FULL INSPECTIONS 1. Company agrees to bill the responsible party on the Fire Department's behalf for fire inspection services 0. 0. rendered by the Fire Department. The inspection fee schedule is provided to the Company by the Fire W Department but may change over time. Fire Department will provide notice to Company of changes to its inspection fees. 2. Company will provide, as a normal matter of business; processing and invoicing of inspections and submission to the responsible party for payment,collections of monies deemed due to the Fire Department, 0 payments of the agreed upon percentage of said monies to Fire Department and reporting of progress. 3. Company agrees to bill to the best of its ability all inspections provided to Company by the Fire Department. i c 4. Company will not begin litigation against a person or entity without prior written approval by the Fire Department. c U 5. Company agrees to reimburse Fire Department the full amount collected for each inspection less a processing fee of Seventeen-Dollars and Fifty-Cents ($17.50) for each paid inspection. 6. Company will collect a convenience fee of three percent (3%) for all payments made with a credit card. This will be charged directly to the consumer and not to the Town of Davie. This will offset any credit card fees associated with the program. 7. Company agrees to pay the funds due to the Fire Department for its inspections on a monthly basis, within seven(7)working days after the close and accounting of the monthly billing cycle.Monies collected ' less any fees will be transferred via Electronic Funds Transfer(EFT). 8. Company agrees to make reports available via a password protected website to the Fire Department which will set forth the status of all inspections and provide an accounting of all payments and amounts due the Fire Department under the terms of this Agreement. cj 9. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections performed by Fire Department. r9 10. The Fire Department agrees to obtain to best of their ability, for each business location, the e-mail address and telephone number for the responsible party for payment. c 0 9 Packet Pg.312 C.15.c Company Submitting Response m W CD REQUEST FOR PROPOSALS 4- 0 5 S T (B i c LO 00 N RFP NO. JA-19-74 TITLE FIRE INSPECTION BILLING AND COLLECTION LO CD 00 AVAILABLE AUGUST 5,2019 PRE-PROPOSAL N/A CONFERENCE I DUE DATE 2:00 PM,TUESDAY,AUGUST 27,2019 SUBMIT TO TOWN OF DAVIE-Procurement Division Attn: Brian K. O'Connor, C.P.M. CJ 6591 Orange Drive Davie, FL 33314 REVIEW MEETING AUGUST/SEPTEMBER 2019 = COUNCIL APPROVAL SEPTEMBER 2019 BONDS NONE ram. Download Bid Information for Free at: https://www.davie-fl.gov/bids Town of Davie Supplier Central: https://www.davie-fl.gov/877/Supplier-Central CL Packet Pg.313 C.15.c TOWN OF DAVIE RFP NO. JA-19-74 �'" ty ' a� REQUEST FOR PROPOSALS FIRE INSPECTION BILLING AND COLLECTION Dear Potential Respondent: 4- 0 76 The Town of Davie, Florida invites qualified firms to submit responses in accordance with the requirements > stated herein no later than 2:00, Tuesday, August 27, 2019, for RFP NO. JA-19-74 Fire Inspection Billing and Collection. Interested firms may secure the solicitation package and all other pertinent information by visiting http://www.davie-fl.gov/bids or at DemandStar.com. m A Pre-Proposal Conference and Site Visit will NOT be held for this solicitation. Questions regarding this solicitation shall be submitted in writing to purchasinga-davie-fl.gov no later than 0 August'l8, 20'19. Responses to those questions considered material to the solicitation will be made available 0 as formal addenda to the Town's Purchasing website and DemandStar.com. It is the responsibility of prospective respondents to ensure they are aware of all addenda issued relative to this solicitation. LO co Respondents shall submit One(1),original complete proposal package,Three(3)duplicate copies of said package and One.(1) flash drive'or CD copy, to the To�nin oaf Davie Budget and Finance / Purchasing Diviaton—Attention: Purchasing Manager, Brian K.O'Connor, 6591 Orange Drive Davie, FL.33314 on`or LO before the'due date tipulated abQve.'`All packages shall be clearly rnarhed"R�"PNo;JA-�J= 4 Fire inspec#ion Billing and Collecco tion,. The Town will not be responsiple in;the event fhe u:,S: Postal'Seryice or,any other; courier system fails to deliver any package by the above referenced deadline. Late'sub missions shall not be accepted: N i RFP responses will be publicly opened and firm names read aloud in the Town Hall Council Chambers on the 2 due date/time noted above. The selection of the successful respondent(s)shall be at the Town's discretion and shall be made in a prompt manner after the receipt and evaluation of all RFP responses. The Town of Davie reserves the right to reject any and all submissions, to waive any and all irregularities in any submission, and to make awards in the best interest of the Town. Brian K. O'Connor Procurement Manager �. Town of Davie o Pursuant to Florida Statutes 119.071, sealed bids,proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty(30) days after the opening of the bids,proposals, or final replies, whichever is earlier. le Iam. CL 2 Packet Pg.314 C.15.c agreed consideration. SECTION 1.0 GENERAL TERMS Contract Documents: The Instructions to AND CONDITIONS Bidders, Bid Form, Bid Bond, Contract, m Performance Bond, Payment Bond, 2 1.1 DEFINITIONS General Conditions, Special Provisions, Supplemental Provisions, Technical y When used in Contract Documents (defined Specifications and Plans, together with all U below) or in related documents, the following Addenda, Change Orders, Schedules and Shop Drawings. terms shall have the meanings given below: Contract Administrator: Town of Davie Addendum: A modification of the Plans, Town Administrator or his designee or duly Specifications or other Contract > authorized representative designated to Documents distributed to prospective manage the Contract. Bidders prior to the opening of Bids. Advertisement for Bids:The public notice Contractor: The individual, firm, partnership, corporation or joint venture inviting the submission of Bids for the work. whose Bid is accepted and who enters into a Contract with the Town of Davie and who Bid:The written offer of a Bidder to perform is liable for the acceptable performance of the work or service. the work and for the payment of all legal debts pertaining to the Work. Bid Bond: A bond executed by a Bidder and its Surety in the attached form Contract Date: The date on which the LO guaranteeing that the Bidder, if awarded Agreement is effective. co the Contract will execute the same and will timely furnish the required Performance Contract Time: The number of days Bond, Payment Bond, and evidence of allowed for completion of the work. The LO Insurance. Contract Time will be stipulated in the Bid CD co Form, unless extended by a Change Order. Bidder:Any individual, firm, partnership or All contract time shall be measured in corporation submitting a Bid in accordance calendar days. with the Instructions to Bidders. Town: A political subdivision, Incorporated Bid Documents: Bid Guarantee or bid Town within Broward County of the State of deposit. The Advertisement for Bids, Florida, whose governing body is a Town Instructions to Bidders,Bid Form,Bid Bond, Council consisting of a Mayor, Vice Mayor Contract, Performance Bond, Payment and three Town Council members. Bond, General Conditions, Special Provisions, Technical Specifications and Community Redevelopment Agency Plans, together with all Addenda. (CRA): The Town of Davie Community Bid Form: The form on which Bids are Redevelopment Agency, which is created pursuant to Florida Chapter 163, Part III. submitted. Town Administrator:The Administrator of Calendar Day: Every day shown on the the Town of Davie, Florida. U calendar. Executive Director: The Executive Change Order: A written agreement Director of the Davie Community executed by the Town, the Contractor and Redevelopment Agency. the Contractor's Surety, covering modifications to the Contract Days: Reference made to Days shall mean recommended by the Project Manager and consecutive calendar days. , approved by the Town Administrator and/or Town Council. Deliverables: All documentation and any CL items of any nature submitted by the Contract: The written agreement between Contractor to the Towns Project Manager the Town and the Contractor for for review and approval in writing pursuant performance of the Work in accordance to the terms of the Agreement. with the requirements of the Contract Documents and for the payment of the Lessee: Any individual, partnership or 3 Packet Pg.315 C.15.c corporation having a tenant relationship furnishes labor and/or materials, in with the Town of Davie. connection with the Work, whether directly or indirectly, on behalf of and/or under the m Liquidated Damages:The amount that the direction of the Contractor and whether or m Contractor accepts, as stipulated in the Bid not in privity of Contract with the Contractor. 2 Form, which will be deducted from the CD Contract Sum for each Calendar day of The words "Work", "Services", delay due to a Non-excusable Delay to be "Program", or "Project": All matters and determined by the Town's Contract things required to be done by the Manager. Contractor in accordance with the provisions of the Contract. Notice To Proceed (NTP): The written communication issued by the Town to the The words "Directed", "Required", Contractor directing the Contractor to begin "Permitted", "Ordered", "Designated", contract work and establishing the date of "Selected", "Prescribed",or words of like commencement of the work. import to mean respectively, the direction, requirement, permission, order, Owner: The term Owner as used in this designation,selection or prescription of the Contract shall mean the Town of Davie. Town's Project Manager or; and similarly the words "approved", acceptable", Performance and Payment Bonds: "satisfactory", "equal", "necessary", or Bonds executed by the Contractor and his words of like import to mean respectively, Surety,on the attached forms,assuring that approved by, or acceptable or satisfactory the Contractor will, in good faith, perform to, equal or necessary in the opinion of the LO and guarantee the work in full conformity Town's Project o Manager. In resolving with the terms of the Contract Documents disputes and in all respects the Town co N and will promptly pay all persons supplying Administrator's decision shall be final. the Contractor with labor, materials, or supplies, used directly or indirectly by the 1.2 VENDOR NOTIFICATION LO Contractor in the prosecution of the Work. CD co It is the policy of the Town to encourage full and Plans: The drawings or reproductions open competition among all available qualified thereof, prepared and sealed by the vendors. All vendors regularly engaged in the N Architect/Engineer, which show the type of work specified in the Bid Solicitation are locations, character, dimensions and encouraged to submit bids. Vendors may enroll details of the work to be done and which are with the Town to be included on an email list for part of the Contract Documents. goods and services which can be found T at https://www.davie-fl.aov/list.asr)x . Project: The construction and services required by the Contract Documents,which includes all labor, materials, equipment, 1.3 LOCAL PREFERENCE and services to be provided by the Definitions Contractor to fulfill the Contractor's Local Davie Vendor-a "local Davie vendor" shall = obligations. mean a person or business entity which has Project Cost: The sum of the construction maintained a permanent place of business with full-time employees within the Town limits for a U costs, allowances for contingencies, the W total cost of design professional and related minimum of six months prior to the date of y services provided by consultant, and issuance of a bid or proposal solicitation. The allowances for such other items as charges permanent place of business may not be a post of all other professionals and consultants. office box or a residence. The business location must actually distribute goods or services from Project Manager: The duly authorized that location. In addition,the business must have I le a current business tax receipt from the Town of representative designated to manage the Davie and have an address that the U.S. Postal ' Project. Service recognizes as being a Davie address to CL Scope of Service: Document which details be eligible. the work to be performed by the Contractor. Local Broward County Vendor-a "local Broward vendor" shall mean a person or business entity which has maintained a permanent place of Subcontractor or Sub consultant: Any business with full-time employees within the person, entity, firm or corporation, other Broward County limits for a minimum of six than the employees of the Contractor, who 4 Packet Pg.316 C.15.c months prior to the date of issuance of a bid or responsive bid/quote. If the lowest responsive proposal solicitation. The permanent place of and responsible bidder IS a"local Davie vendor", business may not be a post office box or a the award will be made to that vendor and no m residence. The business location must actually other bidders will be given an opportunity to m distribute goods or services from that location. In submit additional bids as described herein. 2 addition, the business must have a current If there is a "local Davie vendor"and a CD business tax receipt from the Broward County or "local Broward County vendor"participating in the y the city within Broward County where the same bid solicitation and both vendors qualify to W business resides and have an address that the submit a second bid as detailed above,the"local U.S. Postal Service recognizes as being a Davie vendor" will be given first option. If the W Broward County address to be eligible. "local Davie vendor" cannot beat the lowest bid received by at least 1%, an opportunity will be Bid-A bid shall be any competitive solicitation by given to the"local Broward County vendor". If the specification officially posted by the Town of "local Broward County vendor" cannot beat the Davie Purchasing staff on the Town's website lowest bid by at least 1%, then the bid will be where the award is determined by price. awarded to the lowest bidder regardless of geographic location of the business. Proposal-A proposal shall be any competitive If multiple"local Davie vendors"submit m solicitation by Request for Proposal (RFP) bids/quotes which are within 5% of the lowest officially posted by the Town of Davie purchasing bid/quote if that bid/quote is from a non-Broward staff on the Town's website where the award is County bidder, or within 2.5% of the lowest determined by qualifications. bid/quote if that bid/quote is from a local Broward County bidder, then all vendors will be asked to Process submit a"best and final offer(BAFO)". The award LO a) Competitive Bid- For bid evaluation will be made to the "local Davie vendor" purposes, vendors that meet the definition of submitting the lowest BAFO providing that that CO "local Davie vendor" as detailed above shall be BAFO is at least 1% lower than the lowest given a 5% evaluation credit. This shall mean bid/quote received in the original solicitation. If that if a"local Davie vendor"submits a bid/quote no "local Davie vendor" can beat the lowest LO that is within 5%of the lowest price if that lowest bid/quote by at least 1%,then the process will be CD CO price is submitted by a non-Broward County repeated with all"local Broward County vendors" vendor or within 2.5/o of the lowest price if that who have submitted a bid/quote which is within lowest price is submitted by a Broward County 2.5% of the lowest bid/quote. If no "local Davie vendor, the "local Davie vendor" shall have an vendor" and no "local Broward County vendor" option to submit another bid which is at least 1% can submit a BAFO that is at least 1%lower than lower than the lowest responsive bid/quote. If the the lowest bid/quote submitted in the original "local Davie vendor" submits a bid which is at solicitation, the award will be made to the lowest T least 1% lower than that lowest responsive responsive bidder regardless of geographic bid/quote, then the award will go to the "local location of the business. Davie vendor". If not, the award will be made to the vendor that submits the lowest responsive b) Competitive Proposal- For bid/quote. If the lowest responsive and evaluation purposes, "local Davie vendor" and responsible bidder IS a "local Davie vendor", the "local Broward County vendor"shall be a criterion ®_ award will be made to that vendor and no other for award in any Request For Proposal unless bidders will be given an opportunity to submit specifically exempted by the Town Administrator 0 additional bids as described herein. or the Town Council. For bid evaluation purposes, vendors that meet the definition of"local Broward County c) Exceptions y vendor"as detailed above shall be given a 2.5% evaluation credit. This shall mean that if a "local 1. No"local vendor"preference will be Broward County vendor"submits a bid/quote that included in any competitive solicitation where iz is within 2.5% of the lowest price submitted by the Town is the lead agency for the Southeast I le any non-Broward County vendor, the "local Florida Cooperative Purchasing Group. Broward County vendor"shall have an option to submit another bid which is at least 1% lower 2. Utilization of a State or other agency than the lowest responsive bid/quote. If the"local contract. CL ' Broward County vendor" submits a bid which is at least 1% lower than that lowest responsive 3. State or Federal law prohibits the bid/quote, then the award will go to the "local use of local preference. Broward County vendor". If not,the award will be made to the vendor that submits the lowest 4. The work is funded in whole or in part by a governmental entity where the laws, 5 Packet Pg.317 C.15.c rules, regulations or policies prohibit the use of shall be furnished. The bidder shall sign local preferences. each continuation sheet (where indicated)on which an entry is made. m 5. Sole source or single source m purchases. C. Unit prices shall be shown and where 2 there is an error in extension of prices, CD 6. The "local vendor" is either non- the unit price shall govern. y responsive or non-responsible. W D. Alternate bids will not be considered 7. All bids submitted exceed the unless authorized in the Invitation to Bid W budget amount for the project. document. 4- 0 8. Emergency purchases. E. Proposed delivery time must be shown in calendar days, which shall include 9. The Town Administrator and/or the weekends and holidays. Town Council may exempt any competitive solicitation from the local vendor preference. The Town of Davie is exempt from payment to its vendors of State of Florida sales tax 1.4 BIDDERS RESPONSIBILITIES and, therefore, such taxes should not be > figured into the bid. However,this exemption Bidders are required to submit their proposals does not transmit to suppliers to the Town in upon the following express conditions: their (supplier) purchases of goods or services, used in work or goods supplied to 0 A. Bidders shall thoroughly examine the the Town. Contractors are responsible for LO drawings, specifications, schedules, any taxes, sales or otherwise, levied on their instructions and all other contract purchases, subcontracts, employment, etc. co documents. An exemption certificate will be signed where applicable, upon request. The Town will pay B. Bidders shall make all investigations no sales tax. LO necessary to thoroughly inform 1.6 DESCRIPTION OF SUPPLIES themselves regarding the site and facilities for delivery of material and r equipment as required by the bid A. Any manufacturer's names, trade conditions. No plea of ignorance, by the names, brand names, or catalog bidder, of conditions that exist or that numbers used in these applications are may hereafter exist as a result of failure for the purpose of describing and or omission on the part of the bidder to establishing minimum requirements or T make the necessary examinations and level of quality, standards of investigations, or failure to fulfill in every performance, and design required, and detail the requirements of the contract are in no way intended to prohibit the documents, will be accepted as a basis bidding of other manufacturers' items of for varying the requirements of the Town equal material, unless specifications or the compensation due the bidder. state"NO SUBSTITUTIONS." C. Bidders are advised that all Town B. Bidders must indicate any variances to contracts are subject to all legal the specifications, terms, and requirements provided for in the Town of conditions, no matter how slight. If Davie Purchasing Code and applicable variations are not stated in the Proposal, County Ordinances, State Statutes and it shall be construed that the bid fully Federal Statutes. complies with the Specifications, Terms and Conditions. 1.5 PREPARATION OF BIDS Ile C. Bidders are required to state exactly Bids will be prepared in accordance with the what they intend to furnish; otherwise following: they shall be required to furnish the items as specified. ' A. Our enclosed Bid Proposal Form is to be used in submitting your bid. NO OTHER D. Bidders will submit, with their proposal, FORM WILL BE ACCEPTED. necessary data (factory information sheets, specifications, brochures, etc.) B. All information required by the bid form to evaluate and determine the quality of the item(s)they are bidding. 6 Packet Pg.318 C.15.c proposals prior to award. Reasonable efforts will E. The Town shall be the sole judge of be made to either award the contract or reject all equality and its decision shall be final. proposals within one hundred and twenty (120) calendar days after proposals opening date. m 1.7 SUBMISSION OF BIDS 1.10 WITHDRAWAL OF BIDS CD A. Bids and Addenda thereto shall be y enclosed in sealed envelopes A. Bids may not be withdrawn and shall be 0) addressed to the Town of Davie deemed enforceable for a period of 120 Purchasing Department, 6591 Orange days after the time set for the bid Drive Davie, Florida 33314. The name opening. and address of the bidder, the bid number, the date and hour of the bid B. Bids may be withdrawn prior to the time opening, and the bid name shall be set for the bid opening. Such request placed on the outside of the envelope. must be in writing. B. Bids must be submitted on the forms C. The Town will permanently retain as furnished. E-mailed and facsimile bids liquidated damages the bid deposit will not be considered. Bids shall be furnished by any bidder who requests to dated and time stamped prior to bid withdraw a bid after the bid opening. opening. Bidders shall have sole responsibility of insuring delivery of bids 1.11 LATE BIDS OR MODIFICATIONS on time and to the proper location. Only bids or proposals received as of openingLO r� C. Bidders requesting a copy of the bid date and time will be considered timely. Bids and co tabulation shall include a stamped, self- modifications received after the time set for the N addressed envelope. OR can request a bid opening will be rejected as late. copy be e-mailed to them. 1.12 CONFLICTS WITHIN THE BIDLO D. Bids should be submitted in duplicate. SOLICITATION CD co Submit one original and one copy. Please include in your proposal package Where there appears to be a conflict between the a CD or flash drive containing a PDF file General Terms and Conditions, Special C44 of the entire original submission. Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the 1.8 ADDENDA order of precedence shall be the last addendum issued, the Bid Submittal Section, the Technical The Purchasing Division may issue an Specifications, the Special Conditions, and then CJ addendum in response to any inquiry received, the General Terms and Conditions. prior to Bid opening, which changes, adds to or clarifies the terms, provisions or requirements of 1.13 CLARIFICATION OR OBJECTION TO BID the solicitation. The Bidder should not rely on any SPECIFICATIONS representation, statement or explanation, _ whether written or verbal,other than those made If any person contemplating submitting a bid for in this Bid solicitation document or in any this contract is in doubt as to the true meaning of addenda issued. Where there appears to be a the specifications or other bid documents or any conflict between this Bid solicitation and any part thereof, he/she may submit to the addenda,the last addendum issued shall prevail. Procurement Manager on or before five (5)days It is the Bidder's responsibility to ensure receipt prior to scheduled opening, a request for of all addenda and any accompanying clarification. All such requests for clarification documents. Bidder(s)shall acknowledge receipt shall be made in writing and the person of any formal Addenda by signing the addendum submitting the request will be responsible for its rle and including it with their Bid. Failure to include prompt delivery. Any interpretation of the bid, if signed formal Addenda in its Bid shall deem its made, will be made only by Addendum duly Bid non-responsive provided, however, that the issued. The Town will not be responsible for any Town may waive this requirement in its best other explanation or interpretation of the CL interest. proposed bid made or given prior to the award of the contract. Any objection to the specifications 1.9 REJECTION OF BIDS and requirements as set forth in this bid must be filed in writing with the Procurement Manager five The Town reserves the right to reject any or all (5)days prior to the scheduled opening. 7 Packet Pg.319 C.15.c Town of Davie shall have no liability to 1.14 INVOICING/PAYMENT any contractor for any costs or expense incurred in connection with this bid or m All invoices should be sent to: Town of Davie, otherwise. m Finance Department, 6591 Orange Drive, Davie, 0) Florida 33314. In accordance with Florida State 1.17 NOTICE REQUIREMENTS UNDER THE Statutes, Chapter 218, payment will be made AGREEMENT y within 45 days after receipt of services and a 0) proper invoice. The Town cannot make advance All notices required or permitted under the payments, make deposits in advance of receipt Agreement shall be in writing and shall be 0) of goods,or pay C.O.D. Bidders should state any deemed sufficiently served if delivered by payment discount in the space provided on the Registered or Certified Mail, with return receipt proposal form. requested; or delivered personally; or delivered via fax or e-mail (if provided below)and followed 1.15 DISCOUNTS with delivery of hard copy; and in any case addressed as follows: A. Bidders may offer a discount for prompt payment; however,such discounts shall To the Town: NOT be considered in determining the Project Manager lowest net cost for bid evaluation Town of Davie purposes. Bidders are encouraged to Attention: Robert Taylor, Fire Marshal, Fire reflect cash discounts in the unit prices Prevention quoted. Phone: 954-797-1208 Email: Robert_Taylor@davie-fl.govLO r� B. In connection with any discount offered, co time will be computed from the date of To the Procurement Department: receipt of supplies or services or from Brian O'Connor, C.P.M., Procurement Manager the date a correct invoice is received, Purchasing Division whichever is the later date. Payment is 6591 Orange Drive LO deemed to be made on the date of Davie, FL 33314 CD co mailing of the check. Phone: (954)797-1016 Fax: (954)797-1049 Email: boconnorp_davie-fl.gov 1.16 COMPETENCY OF BIDDERS cV To the Contractor A. Pre-award inspection of the Bidder's facility may be made prior to the award Notices will be sent to the contractor at the of contract. Bids will be considered only physical address, e-mail address, and fax from firms which are regularly engaged numbers and to the person listed in the in the business of providing the goods Contractor's proposal, as applicable. and/or services as described in this Bid(s); have a record of performance for Either party may at any time designate a different a reasonable period of time; and have address and/or contact person by giving notice sufficient financial support, equipment as provided above to the other party. Such =_ and organization to ensure that they can notices shall be deemed given upon receipt by satisfactorily deliver the material and/or the addressee. services if awarded a Contract under the terms and conditions herein stated. The 1.18 EMPLOYEES terms "equipment and organization" as used herein shall be construed to mean All employees of the Contractor shall be a fully equipped and well established considered to be at all times the sole employees company in line with the best business of the Contractor, under the Contractor's sole practices in the industry and as direction, and not employees or agents of the I le determined by the proper authorities of Town of Davie or of the Davie Community the Town. Redevelopment Agency. The Contractor shall supply competent and physically capable B. The Town may consider any evidence employees and the Town is authorized to require CL available to it of the financial, technical the Contractor to remove any employee it deems and other qualifications and abilities of a careless, incompetent, insubordinate or Bidder, including past performance otherwise objectionable and whose presence on (experience)in making the award in the Town property is not in the best interest of the best interest of the Town. In all cases the Town. 8 Packet Pg.320 C.15.c three (3) working days of the notice of intent to Each employee at all times shall have and display award. The first check will be in the amount of in plain view proper identification. The names of $500 (hereinafter called"the administrative fee"). the employee and the company shall be The second check will be in the amount of 1%of m displayed on the front of the employee's shirt. the bid amount (hereinafter called "the protest bond"). The Town's notices of intent to award are CD 1.19 AWARD OF BID posted on the Town of Davie website. y A. The Review Committee or Department 2. If the Procurement Manager receives a bid will make a recommendation based protest letter along with the administrative fee upon the lowest responsive and and the protest bond as described above,the bid responsible bidder whose bid conforms award process will be suspended and the protest to the Invitation for Bids and is most will be referred to the Bid Protest Committee. advantageous to the Town. If lowest fails However, if the project is needed to protect the to comply,then the second will be called health, safety, and/or welfare of the residents of upon, and so on. the Town of Davie, the award of the project will proceed without interruption. The Bid Protest B. The Town reserves the right to accept Committee shall consist of three (3) Town of and award item by item, and/or by Davie staff member to be selected by the Town group, or in the aggregate, unless the Administrator. The Procurement Manager and bidder qualifies his bid by specified the employee that wrote the recommendation for limitations. award may not sit as a member of the Bid Protest Committee. However,the Procurement Manager C. One or more Contractors may be and the staff member that wrote the LO designated as approved Primary or recommendation for award shall be present at Secondary Vendor(s)for the delivery of the hearing of the Bid Protest Committee to co material and/or services from this answer any questions pertaining to the bid contract through the effective period of process or the evaluation process. the award. In any situation where LO obtaining services from the Primary 3. The Bid Protest Committee shall schedule a CD co Vendor (s) is not in the best interest of hearing within ten (10)working days of receipt of the Town, or the vendor cannot deliver the protest letter. All parties having an interest in material and/or services within 24 hours the outcome will be notified of the date and time N of date required, or on an emergency of the hearing. If the bid protest is denied, the basis,staff may obtain services from the vendor will forfeit the protest bond. If the protest Secondary Vendor(s). is upheld,the protest bond will be returned to the vendor. The administrative fee shall be non- T D. Successful Bidder shall be notified in refundable in all cases. writing of award. 4. If the Bid Protest Committee denies the protest, E. Delivery of materials and/or services the aggrieved vendor may appeal his/her case to shall be performed upon receipt by the Davie Town Council. In order to appeal, the successful bidder ofa numbered,signed vendor must notify the Town Administrator within ®_ purchase order. three (3) working days of the Bid Protest Committee's ruling. Upon notification, the Town 1.20 BID PROTESTS Administrator will schedule the appeal as an agenda item on the next available Town Council The Town shall provide notice of its intent to agenda. All bidders will be notified of the agenda award or reject to all bidders by posting such date. notice on the Town's website within two (2) working days after the posted review committee 5. Once the bid protest is resolved, the Town will meeting. proceed with the bid award. Except as exempted Ile in 2 above. If a vendor feels that they have been treated unfairly with regards to the results of a solicitation, 1.21 AGREEMENT or the resulting recommendation for award, they CL may protest the Town's action as follows: An agreement shall be sent to the awarded bidder to be signed, witnessed, and returned to 1. The vendor must submit a letter to the the Town for execution. The Town will provide a Procurement Manager detailing the nature of the copy of the fully executed agreement to the protest along with two(2)cashier's checks within awarded bidder. 9 Packet Pg.321 C.15.c 1.22 DISQUALIFICATION OF BIDDERS department, and is in all respects fair, without outside control, collusion, fraud, or otherwise A bidder may be disqualified temporarily or illegal action." m permanently and his/her bid(s)rejected for: m 1.27 REASON FOR NO BID FORM 2 A. Poor performance or default, in the Town's opinion, on previous contracts If choosing not to bid,please complete and return y with the Town. the enclosed form indicating reason for"No Bid" 0) at this time. B. Poor performance or default, in the 0) Town's opinion, on previous contracts 1.28 PATENTS AND COPYRIGHTS with other public entities. It shall be understood and agreed that by the C. Insufficient financial or company size, in submission of a proposal, the bidder, if awarded the Town's opinion, to perform the a contract, shall save harmless and fully requirements of the contract. indemnify the Town and any of its officers or agents from any and all damages that may,at any 1.23 SUBCONTRACTING time, be imposed or claimed for infringement of any patent right, trademark, or copyright, of any Unless otherwise specified in this Bid Solicitation, person or persons,association,or corporation,as the successful Bidder shall not subcontract any the result of the use of such articles by the Town, portion of the work without the prior written or any of its officers, agents, or employees, and consent of the Town. The ability to subcontract of which articles the contractor is not the may be further limited by the Special Conditions. patentee, assignee, licensee, or owner, or LO Subcontracting without the prior consent of the lawfully entitled to sell same. 00 Town may result in termination of the contract for cv default. 1.29 PUBLIC RECORDS LAW r9 1.24 ASSIGNMENT Pursuant to Florida Statute 119.07,public recordsLO may be inspected and examined by anyone CD co The successful Bidder shall not assign, transfer, desiring to do so, at a reasonable time, under hypothecate, or otherwise dispose of this reasonable conditions, and under supervision by C~ contract, including any rights, title or interest the custodian of the public record. Sealed Bids C44 therein, or its power to execute such contract to and Proposals become subject to this statute, any person, company or corporation without the notwithstanding bidders' or proposers' requests prior written consent of the Town and Town's to the contrary, at the time the Town provides approval. notice of a decision or intended decision, or 30 days after bid or proposal opening, whichever is 1.25 FRAUD AND MISREPRESENTATION earlier. Any individual, corporation or other entity that Financial statements submitted in response to a attempts to meet its contractual obligations with request by the Town are confidential,and exempt the Town through fraud, misrepresentation or from disclosure. Data processing software material misstatement, may be debarred from obtained under a licensing agreement which doing business with the Town. The Town as prohibits its disclosure is also exempt. further sanction may terminate or cancel any other contracts with such individual, corporation Bidders are hereby notified and agree that all or entity. Such individual or entity shall be information submitted as part of, or in support of responsible for all direct or indirect costs bid submittals will be available for public associated with termination or cancellation, inspection after opening of bids in compliance including attorney's fees. with Chapter 119 of the Florida Statutes. The bidder shall not submit any information in rle am. response to this invitation which the bidder 1.26 COLLUSION considers to be a trade secret, proprietary or confidential. The submission of any information The bidder, by affixing his signature to this to the Town in connection with this invitation shall CL proposal, agrees to the following: "Bidder be deemed conclusively to be a waiver of any certifies that his/her bid is made without previous trade secret or other protection, which would understanding, agreement, or connection with otherwise be available to the bidder. In the event any person, firm or corporation, making a bid for that the bidder submits information to the Town in the same items, or the initiating Town violation of this restriction, either inadvertently or 10 Packet Pg.322 C.15.c intentionally and clearly identifies that information Contractor's duty t0 in the bid as protected or confidential, the Town shall endeavor to redact and return that provide public records information to the bidder as quickly as possible, relating to this contract, and if appropriate, evaluate the balance of the 2 bid. The redaction or return of information contact the custodian Of pursuant to this clause may render a bid non- public records at 954-797- responsive. W 1000, Evelyn_Roig@Davie- 1.30 CONTRACTOR COMPLIANCE WITH PUBLIC g RECORDS LAW OV FL. 6591 Orange Drive Davie, FL 33314. Contractor agrees to comply with public > records laws. This includes but is not limited 1.31 BIDDER/CONTRACTOR RESPONSIBILITY to: Florida Statute § 215.4725: Contractor must 1. Keep and maintain public records as certify that the company is not participating in a required by the Florida Statutes. boycott of Israel.Contractor must also certify that 2. Upon request from the Town Clerk, Contractor is not on the Scrutinized Companies provide the Town of Davie with a copy of that Boycott Israel list, not on the Scrutinized the requested records or allow the Companies with Activities in Sudan List, and not records to be inspected or copied within on the Scrutinized Companies with Activities in a reasonable time at a cost that does not the Iran Petroleum Energy Sector List, or been exceed the cost provided in the engaged in business operations in Cuba or Syria. LO applicable Florida Statutes. Contractor must submit the certification that isco 3. Ensure that public records that are attached to this agreement. Submitting a false cv exempt or confidential and exempt from certification shall be deemed a material breach of r9 public records disclosure requirements contract.The Town shall provide notice,in writing, are not disclosed except as authorized by to the Contractor of the Towns determination LO law for the duration of the contract term concerning the false certification.The Contractor co CD and following completion of the contract shall have ninety (90) days following receipt of , if the contractor does not transfer the the notice to respond in writing and demonstrate r records to the public agency. that the determination of false certification was I 4. Upon completion of the contract,transfer, made in error. If the Contractor does not at no cost to the Town all public records demonstrate that the Towns determination of in possession of the contractor or keep false certification was made in error then the and maintain public records required by Town shall have the right to terminate the contract the Town to perform the service. If the and seek civil remedies pursuant to Florida contractor transfers all public records to Statute§215.4725. the Town, upon completion of the contract,the contractor shall destroy any 1.32 REQUEST FOR PROPOSAL duplicate public records that are exempt or confidential and exempt from public Should these"General Conditions"be used in the records disclosure requirements. If the contractor keeps and maintains public specifications for a Request for Proposal, every reference to a bid shall be and mean the same as records upon completion of the contract, proposal. the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be 1.33 EXCEPTIONS TO PROPOSAL provided to the Town, upon request from the Town Clerk, or his/her designee, in a The bidder must clearly indicate any exceptions they wish to take to any of the terms in thisle format that is compatible with the r�. information technology systems of the Proposal, and outline what, if any, alternative is , Town. being offered. All exceptions and alternatives shall be included and clearly delineated, in If the Contractor has writing, in the Proposal. The Town,at its sole and ' absolute discretion, may accept or reject any or questions regarding the all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the application of Chapter 119, Town shall require the Bidder to comply with the Florida Statutes, t0 the particular term and/or condition of the solicitation to which the Bidder took exception to (as said 11 Packet Pg.323 C.15.c term and/or condition was originally set forth on 1.37 INTERPRETATION OF THE APPROXIMATE the solicitation.) QUANTITIES 1.34 INDEMNIFICATION AND HOLD HARMLESS The bidder's attention is called to the fact that the m AGREEMENT estimate of quantities to be furnished under the specifications is approximate only and not The contractor shall indemnify and hold guaranteed. The Town does not assume any y harmless the Town its officers, employees, responsibility that the final quantities shall remain 0) agents and instrumentalities from any and all in strict accordance with the estimated quantities, liability, losses or damages, including attorney's nor shall the Bidder plead misunderstanding or 0) fees and costs of defense,which the Town, the deception because of such estimate of quantities. Community Redevelopment Agency, or its officers,employees, agents,or instrumentalities 1.38 QUANTITIES may incur as a result of claims, demands,suits, causes of actions or proceedings of any kind or The Town specifically reserves the right to accept nature arising out of, relating to or resulting from all or any part of the bid, to split the award, to the performance of the agreement by the increase or decrease the quantity to met contractor or its employees, agents, servants, additional or reduced requirements of the Town, partners, principals or subcontractors. The without such change affecting the contract unit awarded bidder shall pay all claims and losses price set forth in the proposal form by the bidder. in connection therewith, and shall investigate and defend all claims, suits, or actions of any 1.39 DELIVERY, INSPECTION&TITLE kind or nature in the name of the Town or the Community Redevelopment Agency, where Prices quoted and deliveries are to be FOB LO applicable, including appellate proceedings, Destination and unloaded, unless otherwise co and shall pay all costs, judgments, and specified in the Invitation for Bids, and made attorney's fees which may be incurred thereon. during regular business hours. Inspection and The contractor expressly understands and acceptance will be destination unless otherwise "9 agrees that any insurance protection required provided. Title to/or risk of loss or damage to all LO by this contract or otherwise provided by the items shall be the responsibility of the successful CD co contractor shall in no way limit the responsibility bidder until acceptance by the Town unless loss to indemnify, keep and save harmless and or damage results from negligence by the Town. defend the Town, the Community If the materials or services supplied to the Town C44 Redevelopment Agency, or its officers, are found to be defective or to not conform to employees, agents, and instrumentalities as specifications, the Town reserves the right to herein provided. The above indemnification cancel the order upon written notice to the provisions shall survive the expiration or contractor and return product at bidder's T termination of this contract. expense. 1.35 COPELAND"ANTI-KICKBACK" 1.40 WARRANTY Contractor and all subcontractors will comply with Unless otherwise specified,all items proposed by the Copeland Anti-Kickback Act (18 U.S.C. 874) the bidder shall include a warranty covering as supplemented in Department of Labor services, parts and/or labor for a specified period 3 .CFR Part 29 regulations 9 ( ) of time. The bidder shall submit information on both manufacturer and dealer warranties, where applicable, with the bid proposal. All goods 1.36 CONFLICT OF LAW furnished shall be fully guaranteed by the successful Bidder against factory defects and If and when this contract is disputed, and should workmanship. At no expense to the Town, the it be necessary to litigate, the substantive and successful Bidder shall correct any and all procedural laws of the State of Florida shall apparent and latent defects that may occur within rle am• govern the outcome of such litigation. This shall the manufacturer's standard warranty. The apply notwithstanding such factors which include, Special Conditions of the Bid solicitation may but are not limited to, place where contract is supersede the manufacturer's standard warranty. entered into, place where accident arises and not CL withstanding application of conflicts of law 1.41 CLAIMS principles. Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items. 12 Packet Pg.324 C.15.c contractor, supplier, subcontractor, or consultant 1.42 CONTRACT RENEWAL under a contract with any public entity, and may not transact business with any public entity in m Any contract or agreement executed in excess of the threshold amount provided in m conjunction with the award of a bid may be Florida Statutes, Section 287.017, for renewed for additional twelve month periods if CATEGORY TWO for a period of 36 months from CD agreed to in writing by both parties. the date of being placed on the convicted vendor y list. 1.43 MODIFICATION OF CONTRACT 1.48 DISCRIMINATION The contract may be modified by mutual consent, in writing through the issuance of a modification Any entity or affiliate who has been placed on to the contract, purchase order, change order or the discriminatory vendor list may not submit a award sheet, as appropriate. bid on a contract to provide goods or services to a public entity, may not submit a bid on a 1.44 SAFETY DATA SHEET(SDS) contract with a public entity for construction or repair of a public building or public work, may Under the terms of the Florida Right-to-Know not submit bids on leases of real property to a Law(Chapter 442, Florida Statutes),all suppliers public entity, may not award or perform work as of products deemed to be toxic in substance, as a contractor, supplier, subcontractor, or indicated in the State of Florida Substance List, consultant under contract with any public entity, are required to submit a Safety Data Sheet(SDS) and may not transact business with any public for each substance as a condition of the award of entity. the bid by the Town. LO 1.49 DRUG-FREE WORKPLACE PROGRAM 00 1.45 CONDITION OF MATERIALS AND cV PACKAGING Bidders are required to maintain and enforce a Drug-Free Workplace Program for the duration "9 All equipment, materials, supplies, and of the agreement and any extensions thereof. LO components supplied under this bid must be new Bidders shall complete and submit a copy of the CD co and unused, free from defects, and shall be the attached form and a copy of the program with latest manufacturer's models unless otherwise their bid. specified. No others will be accepted under the C44 I terms and intent of this bid. All containers shall 1.50 SOLICITATION, GIVING, AND be new and suitable for storage or shipment,and ACCEPTANCE OF GIFTS POLICY bid price shall include standard commercial packaging. Any exceptions to this provision shall Bidders shall sign and submit this attached form _ be detailed on the proposal page under indicating understanding and compliance with the CJ exceptions to specifications. Town's and State's policies prohibiting solicitation and acceptance of gifts by public officers, 1.46 SAMPLES employees,or candidates. Samples, when required, must be submitted Failure to submit this signed form will result in within the time specified at no expense to the your bid being declared non-responsive; Town. If not destroyed or used up during testing, provided, however, that the low bidder may be samples will be returned upon request at the given the opportunity to submit the form to the bidder's expense. Each individual sample must Town within five calendar days after notification be labeled with bidder's name and by the Town, if this is determined to be in the best manufacturer's brand name and number. interest of the Town. 1.47 PUBLIC ENTITY CRIMES 1.51 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES rle am. A person or affiliate who has been placed on the convicted vendor list following a conviction for a It is hereby made part of this solicitation that the public entity crime may not submit a bid on a submission of any bid response to this contract to provide any goods or services to a advertised request constitutes a bid made under CL public entity, may not submit a bid on a contract the same terms and conditions, for the same with a public entity for the construction or repair price, to other government agencies if of a public building or public work,may not submit agreeable by the bidder and the government bids on leases of real property to a public entity, agency. may not be awarded or perform work as a 13 Packet Pg.325 C.15.c At the option of the vendor/contractor,the use of than $1,000,000 per occurrence for bodily the contract resulting from this solicitation may injury and property damage. Town of be extended to other governmental agencies, Davie must be shown as an additional m including the State of Florida, its agencies, insured with respect to this coverage. m political subdivisions, counties, and cities. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, CD Each governmental agency allowed by the as the certificate holder,must appear on y vendor/contractor to use this contract shall do the certificate of insurance. When so independently of any other governmental applicable, the Davie Community entity. Each agency shall be responsible for its Redevelopment Agency must be shown own purchases and shall be liable only for as an additional insured with respect to goods or services ordered, received, and this coverage. The mailing address to accepted. No agency receives any liability by the Davie Community Redevelopment virtue of this bid and subsequent contract Agency is 4700 Davie Road, Suite D, award. Davie, FL 33314. 1.52 ACCESS TO RECORDS 3. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the > The Town reserves the right to require the Services, in an amount not less than Contractor to submit to an audit. The Contractor $1,000,000 per person and$1,000,000 per shall provide access to all of its records which occurrence. Town of Davie must be relate directly or indirectly to the Agreement at shown as an additional insured with its place of business during regular business respect to this coverage. The mailing hours. The Contractor shall retain all records L address of Town of Davie 6591 Orange pertaining to the Agreement and upon request Drive, Davie, Florida 33314, as the co make them available to the Town for three years certificate holder, must appear on the following expiration of the Agreement. The certificate of insurance. When Contractor agrees to provide such assistance as applicable, the Davie Community LO may be necessary to facilitate the review or Redevelopment Agency must be shown CD audit by the Town to ensure compliance with as an additional insured with respect toco applicable accounting and financial standards at this coverage. The mailing address to no cost to the Town. the Davie Community Redevelopment Agency is 4700 Davie Road, Suite D, 1 1.53 INSURANCE REQUIREMENTS Davie, FL 33314. The Contractor shall maintain and carry in full The insurance coverage required shall include force during the Term the insurance required those classifications, as listed in standard herein. Upon Town's notification,the Contractor liability insurance manuals, which most nearly shall furnish to the Procurement Management reflect the operation of the Contractor. All Division, Certificates of Insurance that indicate insurance policies required above shall be that insurance coverage has been obtained issued by companies authorized to do business which meets the requirements as outlined under the laws of the State of Florida with the =_ below: following qualifications: C 1. Worker's Compensation Insurance for all The company must be rated no less than"B" as employees of the Contractor as required by to management, and no less than "Class V" as Florida Statute 440. Should the Contractor to financial strength, according to the latest y be exempt from this Statute,the Contractor edition of Best's Insurance Guide published by and each employee shall hold the Town A.M.Best Company,Oldwick,New Jersey,or its harmless from any injury incurred during equivalent,subject to the approval of the Town's performance of the Contract. The exempt Risk Management Division. contractor shall also submit a written statement detailing the number of Certificates of Insurance must indicate that employees and that they are not required to for any cancellation of coverage before the carry Worker's Compensation insurance, expiration date,the issuing insurance carrier CL and do not anticipate hiring any additional will endeavor to mail thirty (30) day written employees during the term of this contract advance notice to the certificate holder. In or a copy of a Certificate of Exemption. addition, the Contractor hereby agrees not to modify the insurance coverage without 2. General Liability Insurance on a thirty(30)days written advance notice to the comprehensive basis in an amount not less Town. 14 Packet Pg.326 C.15.c 1.55 DISCLAIMER NOTE: TOWN OF DAVIE CONTRACT NUMBER AND TITLE MUST APPEAR ON The Town of Davie may, in its sole and absolute m EACH CERTIFICATE OF INSURANCE. discretion, accept or reject, in whole or in part, m for any reason whatsoever any or all Bids; re- 0) Compliance with the foregoing requirements advertise this Bid; postpone or cancel at any shall not relieve the Contractor of this liability time this Bid process; or, waive any formalities y of or irregularities in the bidding process. Bids 0) and obligation under this section or under any 2 that are not submitted on time and/or do not other section in the Agreement. conform to the Town of Davie's requirements 0) Award of this Contract is contingent upon the will not be considered. After all bids are receipt of the insurance documents,as required, analyzed, organization(s) submitting bids that within fifteen (15) calendar days after Town appear, solely in the opinion of the Town of notification to Contractor to comply before the Davie, to be the most competitive, shall be award is made. If the insurance certificate is submitted to the Town of Davie's Town Council, received within the specified time frame but not and the final selection will be made shortly in the manner prescribed in the Agreement, the thereafter with a timetable set solely by the Contractor shall be verbally notified of such Town of Davie. The selection by the Town of deficiency and shall have an additional five (5) Davie shall be based on the bid,which is, in the calendar days to submit a corrected certificate sole opinion of the Town Council of the Town of to the Town. If the Contractor fails to submit the Davie, in the best interest of the Town of Davie. required insurance documents in the manner The issuance of this bid constitutes only an prescribed in the Agreement within twenty (20) invitation to make presentations to the Town of calendar days after Town notification to comply, Davie. The Town of Davie reserves the right to LO the Contractor shall be in default of the determine, at its sole discretion, the lowest co contractual terms and conditions and award of responsive and responsible bidder. In all cases the Contract will be rescinded, unless such time the Town of Davie shall have no liability to any frame for submission has been extended by the contractor for any costs or expense incurred in Town. connection with this bid or otherwise. LO CD co The Contractor shall be responsible for assuring 1.56 CONFIDENTIALITY that the insurance certificates required in conjunction with this Section remain in force for As a political subdivision, the Town of Davie is cv the duration of the contractual period of the subject to the Florida Sunshine Act and Public Contract, including any and all option years or Records Law. By submitting a Bid, Contractor extension periods that may be granted by the acknowledges that the materials submitted with Town. If insurance certificates are scheduled to the Bid and the results of the Town of Davie's T expire during the contractual period, the evaluation are open to public inspection upon Contractor shall be responsible for submitting proper request. Contractor should take special new or renewed insurance certificates to the note of this as it relates to proprietary Town at a minimum of thirty (30)calendar days information that might be included in its Bid. in advance of such expiration. In the event that expired certificates are not replaced with new or 1.57 ORDER OF PRECEDENCE renewed certificates which cover the contractual period, the Town shall suspend the Contract If there is a conflict between or among the until such time as the new or renewed provisions of the Agreement, the order of certificates are received by the Town in the precedence is as follows: manner prescribed herein; provided, however, cn that this suspended period does not exceed p p A. The terms and conditions of the agreement thirty (30)calendar days. Thereafter, the Town may, at its sole discretion, terminate this B. The Town of Davie's RFP and any contract. associated addenda and attachments rle �- thereof, and �+ 1.54 TOWN WEBSITE C. The Contractor's Proposal. Bids, addenda, Intents to Award, and other CL information is available on the Purchasing 1.58 NATURE OF THE AGREEMENT Division's "Purchasing" page, which can be found at: https://www.davie-fl.gov/purchasing. The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to 15 Packet Pg.327 C.15.c the matters contained in the Agreement. The parties agree that there are no commitments, 1.59 PAYMENT FOR SERVICES/AMOUNT agreements, or understandings concerning the OBLIGATED m subject matter of the Agreement that are not m contained in the Agreement, and that the The Contractor warrants that it has reviewed the 0) Agreement contains the entire agreement Town's requirements and has asked such between the parties as to all matters contained questions and conducted such other inquiries as y herein. Accordingly, it is agreed that no the Contractor deemed necessary in order to W deviation from the terms hereof shall be determine the price the Contractor will charge to 2.1 predicated upon any prior representations or provide the Work and Services to be performed 0) agreements,whether oral or written. It is further under this Contract. The compensation for all agreed that any oral representations or Work and Services performed under this modifications concerning the Agreement shall Contract, including all costs associated with be of no force or effect, and that the Agreement such Work and Services, shall be in the total may be modified, altered or amended only by a amount submitted on the Bid Form. The Town written amendment duly executed by both shall have no obligation to pay the Contractor parties hereto or their authorized any additional sum(s) in excess of this amount, representatives. except for a change and/or modification to the Contract which is approved and executed in The Contractor shall provide the services set writing by the Town and the Contractor. forth in the Scope of Services, and render full and prompt cooperation with the Town in all All Services undertaken by the Contractor aspects of the Services performed hereunder. before Town's approval of this Contract shall be at the Contractor's risk and expense. LO r� The Contractor acknowledges that the Agreement requires the performance of all 1.60 PRICINGco things necessary for or incidental to the effective w and complete performance of all Work and Prices shall remain firm and fixed for the term of "9 Services under this Contract. All things not the Contract, including any option or extension LO expressly mentioned in the Agreement but periods; however, the Contractor may offer CD co necessary to carrying out its intent are required incentive discounts to the Town at any time by the Agreement, and the Contractor shall during the Contract term, including any renewal perform the same as though they were or extension thereof. cv specifically mentioned, described and delineated. 1.61 GUARANTEE The Contractor shall furnish all labor, materials, The Contractor shall be responsible for T tools, supplies, and other items required to technically deficient designs, reports, or studies perform the Work and Services that are due to his errors and omissions, and shall necessary for the completion of this Contract. All Work and Services shall be accomplished at promptly correct or replace all such deficientwork due to his errors and omissions without the direction and to the satisfaction of the cost to Town upon the request of the Town for Town's Projectt Manager. five years after the date of acceptance of the = The Contractor acknowledges that the Town project by the Town, which are judged to have shall be responsible for making all policy been in error by a court of competent jurisdiction. Contractor shall also be decisions regarding the Scope of Services. The responsible for the cost of correcting deficient Contractor agrees to provide input on policy construction which was built from technically issues in the form of recommendations. deficient designs. Payment in full by the Town for work performed does not constitute a waiver The Contractor agrees to implement any and all of this guarantee. changes in providing Services hereunder as a result of a policy change implemented by the Town. The Contractor agrees to act in an 1.62 MANNER OF PERFORMANCE expeditious and fiscally sound manner in providing the Town with input regarding the time A. The Contractor shall provide the Services CL and cost to implement said changes and in described herein in a competent and executing the activities required to implement professional manner satisfactory to the said changes. Town in accordance with the terms and conditions of the Agreement. The Town m shall be entitled to a satisfactory performance of all Services described 16 Packet Pg.328 C.15.c herein and to full and prompt cooperation the Agreement. by the Contractor in all aspects of the Services. At the request of the Town, the 1.63 INDEPENDENT CONTRACTOR m Contractor shall promptly remove from the RELATIONSHIP m project any Contractor's employee, 2 subcontractor, or any other person The Contractor is, and shall be, in the performing Services hereunder. The performance of all work services and activities y Contractor agrees that such removal of any under the Agreement, an independent W of its employees does not require the contractor, and not an employee, agent or termination or demotion of any employee servant of the Town. All persons engaged in 0) by the Contractor. any of the work or services performed pursuant to the Agreement shall at all times, and in all B. The Contractor agrees to defend, hold places, be subject to the Contractor's sole harmless and indemnify the Town and shall direction, supervision and control. The be liable and responsible for any and all Contractor shall exercise control over the claims, suits, actions, damages and costs means and manner in which it and its (including attorney's fees and court costs) employees perform the work, and in all respects made against the Town, occurring on the Contractor's relationship and the account of, arising from or in connection relationship of its employees to the Town shall with the removal and replacement of any be that of an independent contractor and not as Contractor's personnel performing services employees and agents of the Town. hereunder at the behest of the Town. Removal and replacement of any The Contractor does not have the power or Contractor's personnel as used in this authority to bind the Town in any promise, LO Article shall not require the termination and agreement or representation other than 00 or demotion of such Contractor's specifically provided for in the Agreement. personnel. 1.64 AUTHORITY OF THE TOWN'S PROJECT C. The Contractor agrees that at all times MANAGER LO it will employ, maintain and assign to the CD co performance of the Services a sufficient A. The Contractor hereby acknowledges thatCD number of competent and qualified the Town's Project Manager will determine r professionals and other personnel to meet the requirements to which reference is in the first instance all questions of any hereinafter made. The Contractor agrees nature whatsoever arising out of, under, or to adjust its personnel staffing levels or to in connection with, or in any way related to replace any of its personnel upon or on account of, the Agreement including reasonable request from the Town, should without limitations: questions as to the the Town make a determination, in its sole value, acceptability and fitness of the discretion, that said personnel staffing is Services; questions as to either party's inappropriate or that any individual is not fulfillment of its obligations under the performing in a manner consistent with the Contract; negligence, fraud or requirements for such a position. misrepresentation before or subsequent to _ acceptance of the Proposal;questions as to D. The Contractor warrants and represents the interpretation of the Scope of Services; that its personnel have the proper skill, and claims for damages,compensation and training, background, knowledge, losses. experience, rights, authorizations, integrity, y character and licenses as necessary to B. The Contractor shall be bound by all perform the Services described herein, in a determinations or orders and shall promptly competent and professional manner. obey and follow every order of the Project _ Manager, including the withdrawal or E. The Contractor shall at all times cooperate modification of any previous order and with the Town and coordinate its respective regardless of whether the Contractor r work efforts to most effectively and agrees with the Project Manager's ' efficiently maintain the progress in determination or order. Where orders are performing the Services. given orally,they will be issued in writing by CL the Project Manager as soon thereafter as F. The Contractor shall comply with all is practicable. provisions of all federal, state and local m laws, statutes, ordinances, and regulations C. The Contractor must, in the final instance, that are applicable to the performance of seek to resolve every difference concerning 17 Packet Pg.329 C.15.c the Agreement with the Project Manager. a copy of the same to the Contractor. In the event that the Contractor and the Except as such remedies may be limited or Project Manager are unable to resolve their waived elsewhere in the Agreement, m difference, the Contractor may initiate a Contractor reserves the right to pursue any m dispute in accordance with the procedures remedies available under law after 0) set forth in the section below. Exhaustion of exhausting the provisions of this Article. CD these procedures shall be a condition y precedent to any lawsuit permitted 1.65 MUTUAL OBLIGATIONS W hereunder. 2.1 A. The Agreement, including attachments and W D. In the event of such dispute, the parties to appendices to the Agreement, shall the Agreement authorize the Town constitute the entire Agreement between Administrator or designee,who may not be the parties with respect hereto and the Project Manager or anyone associated supersedes all previous communications with this Project, acting personally, to and representations or agreements, decide all questions arising out of, under,or whether written or oral, with respect to the in connection with, or in any way related to subject matter hereto unless acknowledged or on account of the Agreement (including in writing by the duly authorized but not limited to claims in the nature of representatives of both parties. breach of contract, fraud or misrepresentation arising either before or B. Nothing in the Agreement shall be subsequent to execution hereof) and the construed for the benefit, intended or decision of each with respect to matters otherwise, of any third party that is not a within the Town Administrator's purview as parent or subsidiary of a party or otherwise LO set forth above shall be conclusive, final related (by virtue of ownership control or co and binding on parties. Any such dispute statutory control)to a party. N shall be brought, if at all, before the Town Administrator within 10 days of the C. In those situations where the Agreement "9 occurrence, event or act out of which the imposes an indemnity or defense obligation LO dispute arises. on the Contractor, the Town may, at its CD co expense, elect to participate in the defense The Town Administrator may base this if the Town should so choose. CD decision on such assistance as may be Furthermore, the Town may at its own N desirable, including advice of experts, but expense defend or settle any such claims if in any event shall base the decision on an the Contractor fails to diligently defend such independent and objective determination of claims, and thereafter seek indemnity for whether Contractor's performance or any costs and attorney's fees from the T Deliverable meets the requirements of the Contractor. Agreement and any specifications with respect thereto set forth herein. The effect p 1.66 QUALITY ASSURANCE/QUALITY of any decision shall not be impaired or ASSURANCE RECORD KEEPING waived by any negotiations or settlements or offers made in connection with the The Contractor shall maintain, and shall require = dispute, whether or not the Town that its subcontractors and suppliers maintain, Administrator participated therein,or by any complete and accurate records to substantiate prior decision of others, which prior compliance with the requirements set forth in U decision shall be deemed subject to review, 0) or by any termination or cancellation of the the Scope of Services. The Contractor and its 0. y Agreement. All such disputes shall t. be subcontractors and suppliers shall retain such submitted writing such the Contractor shall the records,and all other documents relevant to the Town Administrator fora decision, together Services furnished under the Agreement for a _ with all evidence and other pertinent period of three(3)years from the expiration date information in regard to such questions, in of the Agreement and any extension thereof. order that a fair and impartial decision may be made. The parties agree that whenever 1.67 AUDITS the Town Administrator is entitled toCL ' exercise discretion or judgment or to make The Town,or its duly authorized representatives a determination or form an opinion pursuant or governmental agencies shall, until the to the provisions of this Article, such action expiration of three (3)years after the expiration shall be deemed fair and impartial when of the Agreement and any extension thereof, exercised or taken.The Town Administrator have access to and the right to examine and shall render a decision in writing and deliver reproduce any of the Contractor's books, 18 Packet Pg.330 C.15.c documents, papers and records and those of its C. Before entering into any subcontract subcontractors and suppliers which apply to all hereunder, the Contractor will inform the matters of the Town as needed. Such records subcontractor fully and completely of all m shall conform to Generally Accepted Accounting provisions and requirements of the m Principles requirements, as applicable, and Agreement relating either directly or 0) shall only address those transactions related to indirectly to the Services to be performed. CD the Agreement. Such Services performed by such y subcontractor will strictly comply with the 0) The Contractor agrees to grant access to the requirements of this Contract. Town's Auditor to all financial and performance- 0) related records, property, and equipment D. In order to qualify as a subcontractor purchased in whole or in part with government satisfactory to the Town, in addition to the funds. The Contractor agrees to maintain an other requirements herein provided, the accounting system that provides accounting subcontractor must be prepared to prove records that are supported with adequate to the satisfaction of the Town that it has documentation, and adequate procedures for the necessary facilities, skill and determining the allowability and allocability of experience,and ample financial resources costs. to perform the Services in a satisfactory manner. To be considered skilled and > 1.68 SUBSTITUTION OF PERSONNEL experienced, the subcontractor must show to the satisfaction of the Town that it r_ In the event the Contractor wishes to substitute has satisfactorily performed services of personnel for the key personnel identified by the the same general type which is required to Contractor's Proposal, the Contractor must be performed under the Agreement. LO notify the Town in writing and request written approval for the substitution at least ten (10) E. The Town shall have the right to withdraw co business days prior to effecting such its consent to a subcontract if it appears to substitution. the Town that the subcontract will delay, prevent, or otherwise impair the LO 1.69 SUBCONTRACTUAL RELATIONS performance of the Contractor's CD co obligations under the Agreement. All subcontractors are required to protect the A. If the Contractor will cause any part of the confidentiality of the Town and Town's Agreement to be performed by a proprietary and confidential information. subcontractor, the provisions of this Contractor shall furnish to the Town Contract will apply to such subcontractor copies of all subcontracts between and its officers, agents and employees in Contractor and subcontractors and all respects as if it and they were suppliers hereunder. Within each such employees of the Contractor; and the subcontract,there shall be a clause for the Contractor will not be in any manner benefit of the Town permitting the Town to thereby discharged from its obligations request completion of performance by the and liabilities hereunder, but will be liable subcontractor of its obligations under the CD hereunder for all acts and negligence of subcontract, in the event the Town finds ®_ the subcontractor, its officers, agents, and the Contractor in breach of its obligations, employees, as if they were employees of and the option to pay the subcontractor the Contractor. The services performed directly for the performance by such by the subcontractor will be subject to the subcontractor. Notwithstanding, the provisions hereof as if performed directly foregoing shall neither convey nor imply y by the Contractor. any obligation or liability on the part of the Town to any subcontractor hereunder as B. The Contractor, before making any more fully described herein. subcontract for any portion of the services, will state in writing to the Town the name 1.70 ASSUMPTION, PARAMETERS, of the proposed subcontractor,the portion PROJECTIONS, ESTIMATES AND r of the Services which the subcontractor is EXPLANATIONS to do, the place of business of such subcontractor, and such other information CL The Contractor understands and agrees that as the Town may require. The Town will have the right to require the Contractor not any assumptions, parameters, projections, to award any subcontract to a person,firm estimates and explanations presented by the or corporation disapproved by the Town. Town were provided to the Contractor for evaluation purposes only. However,since these 19 Packet Pg.331 C.15.c assumptions, parameters, projections, Contract is terminated for convenience by estimates and explanations represent the Town and/or the CRA, the Contractor predictions of future events,the Town makes no shall be paid for any services satisfactorily m representations or guarantees, the Town shall performed up to the date of termination; m not be responsible for the accuracy of the following which the Town and/or the CRA W assumptions presented, the Town shall not be shall be discharged from any and all CD responsible for conclusions to be drawn there liabilities, duties, and terms arising out, or y from, and any assumptions, parameters, by virtue of, this Contract. W projections, estimates and explanations shall not form the basis of any claim by the E. The foregoing notwithstanding, any W Contractor. The Contractor accepts all risks individual, corporation or other entity which associated with using this information. attempts to meet its contractual obligations with the Town and/or the CRA through 1.71 SEVERABILITY fraud, misrepresentation or material misstatement may be debarred from Town and CRA contracting in accordance with If the Agreement contains any provision found W the Town debarment procedures. The to be unlawful, the same shall be deemed to be of no effect and shall be deemed stricken from Contractor may be subject to debarment for m the Agreement without affecting the binding failure to perform and all other reasons set force of the Agreement as it shall remain after forth in Town's Purchasing Policies and omitting such provision. Procedures Manual. 1.72 TERMINATION FOR CONVENIENCE AND In addition to cancellation or termination as otherwise provided in the Agreement, the Town r� SUSPENSION OF WORK L and/or the CRA may at any time, in its sole (0 co discretion, with or without cause, terminate the A. The Town and/or the CRA, may terminate Agreement by written notice to the Contractor the Agreement if an individual or and in such event: "9 corporation or other entity attempts to meet its contractual obligation with the LO F. The Contractor shall, upon receipt of such CD Town and/or the CRA through fraud, co notice, unless otherwise directed by misrepresentation or material the Town and/or the CRA: misstatement. cv 1. Stop work on the date specified in B. The Town and/or the CRA, may, as a the notice ("the Effective further sanction, terminate or cancel any Termination Date"); other contract(s) that such individual or corporation or other entity has with the 2. Take such action as may be Town and/or the CRA. Such individual, necessary for the protection and corporation or other entity shall be preservation of the Town's and/or responsible for all direct and indirect costs the CRA's materials and property; associated with such termination or cancellation, including attorney's fees. 3. Cancel orders; _ C. Contractor acknowledges and agrees that ten dollars ($10.00)of the compensation to 4. Assign be paid by the Town and/or the CRA, the CRA andd deliver to any l the Town and/or thethe designated by the Town and/or receipt and adequacy of which is hereby the CRA any non-cancelable acknowledged by Contractor is given orders for Deliverables that are specific consideration to Contractor for the not capable of use except in the Town's and the CRA's right to terminate this performance of the Agreement Agreement for convenience. and which have been specifically Ile developed for the sole purpose of D. The Town, through its Town Administrator, the Agreement and not and/or the CRA through its Executive incorporated in the Services; Director, and for its convenience and CL without cause, may terminate the Contract 5. Take no action which will increase at any time during the term by giving written the amounts payable by the Town notice to consultant/contractor of such under the Agreement. termination; which shall become effective within fifteen (15)days following receipt by G. In the event that the Town and/or the CRA the Contractor of such notice. If the 20 Packet Pg.332 C.15.c exercises its right to terminate the 6. The Contractor has failed to Agreement pursuant to this Article the provide"adequate assurances"as Contractor will be compensated as required under subsection "B" m stated in the payment Articles, herein, below; and m for the: 2 7. The Contractor has failed in the CD 1. Portion of the Services completed representation of any warranties y in accordance with the stated herein. W Agreement up to the Effective Termination Date; and B. When,in the opinion of the Town or the W CRA, reasonable grounds for 2. Non-cancelable Deliverables that uncertainty exist with respect to the are not capable of use except in Contractor's ability to perform the the performance of the Agreement Services or any portion thereof, the and which have been specifically Town or the CRA may request that the developed for the sole purpose of Contractor, within the time frame set the Agreement but not forth in the Town's or the CRA's incorporated in the Services. request, provide adequate assurances to the Town or the CRA, in writing, of H. All compensation pursuant to this Article the Contractor's ability to perform in is subject to audit. accordance with terms of the Agreement. Until the Town or the CRA 1.73 EVENT OF DEFAULT receives such assurances the Town or the CRA may request an adjustment to LO the compensation received by the A. An Event of Default shall mean a Contractor for portions of the Servicesco breach of the Agreement by the which the Contractor has not Contractor. Without limiting the performed. In the event that the "9 generality of the foregoing and in Contractor fails to provide to the Town LO addition to those instances referred to or the CRA the requested assurances CD herein as a breach, an Event of co within the prescribed time frame, the Default, shall include the following: Town may: cv 1. The Contractor has not delivered 1. Treat such failure as a repudiation Deliverables on a timely basis; of the Agreement; 2. The Contractor has refused or 2. Resort to any remedy for breach T failed, except in any case for provided herein or at law, which an extension of time is including but not limited to, taking provided, to supply enough over the performance of the properly skilled staff personnel; Services or any part thereof either by itself or through others. 3. The Contractor has failed to make =_ prompt payment to subcontractors C. In the event the Town and/or the CRA or suppliers for any Services; shall terminate the Agreement for default, the Town, the CRA, or their 4. The Contractor has become designated representatives may insolvent (other than as immediately take possession of all interdicted by the bankruptcy applicable equipment, materials, laws), or has assigned the products,documentation, reports and proceeds received for the benefit data. of the Contractor's creditors, or Ile the Contractor has taken 1.74 REMEDIES IN THE EVENT OF DEFAULT advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been If an Event of Default occurs, the Contractor CL put in the hands of a receiver; shall be liable for all damages resulting from the default, including but not limited to: 5. The Contractor has failed to obtain the approval of the Town where A. Lost revenues; m required by the Agreement; B. The difference between the cost associated 21 Packet Pg.333 C.15.c with procuring Services hereunder and the amount actually expended by the Town for D. The Contractor shall be solely responsible procurement of Services, including for determining and informing the Town m procurement and administrative costs;and, and/or the CRA whether a prospective m supplier or subcontractor is a party to any 0) C. Such other direct damages. litigation involving patent or copyright CD infringement, service mark, trademark, y The Contractor shall also remain liable for any violation, or proprietary rights claims or is 0) liabilities and claims related to the Contractor's subject to any injunction which may prohibit default. The Town may also bring any suit or it from providing any Deliverable 0) proceeding for specific performance or for an hereunder. The Contractor shall enter into injunction. agreements with all suppliers and subcontractors at the Contractor's own risk. 1.75 PATENT AND COPYRIGHT The Town or the CRA may reject any INDEMNIFICATION Deliverable that it believes to be the subject of any such litigation or injunction, or if, in A. The Contractor warrants that all the Town's judgment, use thereof would Deliverables furnished hereunder, delay the Work or be unlawful. including but not limited to: services, equipment programs, documentation, E. The Contractor shall not infringe any software, analyses, applications, methods, copyright, trademark, service mark, trade ways, processes, and the like, do not secrets, patent rights, or other intellectual infringe upon or violate any patent, property rights in the performance of the copyrights, service marks, trade secret, or Work. N® LO any other third party proprietary rights. 1.76 PROPRIETARY INFORMATION 00 B. The Contractor shall be liable and w responsible for any and all claims made As a political subdivision of the State of Florida, against the Town or the CRA for the Town of Davie is subject to the provisions of LO infringement of patents, copyrights,service Florida's Public Records Law. CD co marks,trade secrets or any other third party proprietary rights, by the use or supplying The Contractor acknowledges that all computer of any programs, documentation, software, software in the Town's possession or the CRA's analyses, applications, methods, ways, possession may constitute or contain processes, and the like, in the course of information or materials which the Town or the performance or completion of,or in anyway CRA has agreed to protect as proprietary connected with,the Work, or the Town's or information from disclosure or unauthorized use T the CRA's continued use of the and may also constitute or contain information Deliverables furnished hereunder. or materials which the Town or the CRA has Accordingly, the Contractor at its own developed at its own expense,the disclosure of expense, including the payment of which could harm the Town's proprietary attorney's fees, shall indemnify, and hold interest therein. harmless the Town and the CRA and =_ defend any action brought against the During the term of the contract, the Contractor Town with respect to any claim, demand, will not use directly or indirectly for itself or for and cause of action, debt, or liability. others, or publish or disclose to any third party, or remove from the Town's property, or the C. In the event any Deliverable or anything CRA's property„ any computer programs, data y provided to the Town or the CRA compilations, or other software which the Town hereunder, or a portion thereof is held to has developed, has used or is using, is holding constitute an infringement and its use is or for use, or which are otherwise in the may be enjoined, the Contractor shall have possession of the Town (hereinafter"Computer Ile the obligation, at the Town's or CRA's Software"). All third-party license agreements option, to (i) modify, or require that the must also be honored by the contractors and applicable subcontractor or supplier their employees, except as authorized by the modify, the alleged infringing item(s)at the Town or the CRA and, if the Computer Software CL' Contractor's expense, without impairing in has been leased or purchased by the Town or any respect the functionality or the CRA,all third party license agreements must performance of the item(s), or (ii) procure also be honored by the contractors' employees for the Town or the CRA,at the Contractor's with the approval of the lessor or Contractors expense, the rights provided under the thereof. This includes mainframe, minis, Agreement to use the item(s). 22 Packet Pg.334 C.15.c telecommunications, personal computers and the prior written consent of the Town, any and all information technology software. except as required for the Contractor's performance hereunder. m The Contractor will report to the Town any m information discovered or which is disclosed to Except as otherwise provided in 2 the Contractor which may relate to the improper subsections a, b, and c above, or CD use, publication, disclosure or removal from the elsewhere herein, the Contractor and its y Town's property of any information technology subcontractors and suppliers hereunder W software and hardware and will take such steps shall retain all proprietary rights in and to all as are within the Contractor's authority to licensed software provided hereunder, that W prevent improper use,disclosure or removal. have not been customized to satisfy the performance criteria set forth in the Scope 1.77 PROPRIETARY RIGHTS of Services. Notwithstanding the foregoing, the Contractor hereby grants, and shall A. The Contractor hereby acknowledges and require that its subcontractors and agrees that the Town and the CRA retains suppliers grant, if the Town or the CRA so all rights, title and interests in and to all desire, a perpetual, irrevocable and materials, data, documentation and copies unrestricted right and license to use, thereof furnished by the Town and the CRA duplicate, disclose and/or permit any other to the Contractor hereunder or furnished by person(s) or entity(ies) to use all such the Contractor to the Town and/or created licensed software and the associated by the Contractor for delivery to the Town, specifications, technical data and other even if unfinished or in process, as a result documentation for the operations of the 0 of the Services the Contractor performs in Town, the CRA or entities controlling, LO connection with the Agreement, including controlled by, under common control with, all copyright and other proprietary rights or affiliated with the Town, or the CRA, or co therein, which the Contractor as well as its organizations which may hereafter be employees, agents, subcontractors and formed by or become affiliated with the suppliers may use only in connection with Town or the CRA. Such license specifically LO the performance of Services under the includes,but is not limited to,the right of the CD co Agreement. The Contractor shall not, Town or the CRA to use and/or disclose, in without the prior written consent of the whole or in part, the technical Town, use such documentation on any documentation and licensed software, other project in which the Contractor or its including any source code provided employees, agents, subcontractors or hereunder, to any person or entity outside suppliers are or may become engaged. the Town for such person's or entity's use Submission or distribution by the in furnishing any and/or all of the Contractor to meet official regulatory Deliverables provided hereunder requirements or for other purposes in exclusively for the Town, the CRA, or connection with the performance of entities controlling, controlled by, under Services under the Agreement shall not be common control with, or affiliated with the construed as publication in derogation of Town, the CRA, or organizations which the Town's copyrights or other proprietary may hereafter be formed by or become ®_ rights. affiliated with the Town or the CRA. No such licensed software, specifications, 0 B. All rights, title and interest in and to certain data, documentation or related information inventions, ideas, designs and methods, shall be deemed to have been given in specifications and other documentation confidence and any statement or legend to y related thereto developed by the Contractor the contrary shall be void and of no effect. and its subcontractors specifically for the Town, hereinafter referred to as 1.78 ETHICS "Developed Works" shall become the Ile property of the Town. In accordance with Section 2-327 of the Town's Code requires that the town shall not purchase C. Accordingly, neither the Contractor nor its any goods or services from any person who is employees, agents, subcontractors or actively employed by the Town of Davie or from CL' suppliers shall have any proprietary interest any business or entity of which the employee or in such Developed Works. The Developed the employee's spouse or child is an agent, Works may not be utilized, reproduced or officer, partner, director or proprietor or in which distributed by or on behalf of the they have a material interest or discretionary Contractor, or any employee, agent, authority. Any such individual or business shall subcontractor or supplier thereof, without be disqualified from participating in any bidding 23 Packet Pg.335 C.15.c activity for purchases by the town unless regulation to which Contractor is subject, specifically authorized by action of the town including, but not limited to, laws and council. Furthermore all bidders are subject to regulations requiring that Contractor m follow the SECTION 1-19 OF THE BROWARD conduct its operations in a safe and sound m COUNTY CODE. manner. 2 CD 1.79 LOCAL, STATE, AND FEDERAL H. Florida Statute § 215.4725: Contractor y COMPLIANCE REQUIREMENTS must certify that the company is not W participating in a boycott of Israel. 2.1 Contractor agrees to comply, subject to Contractor must also certify that Contractor W applicable professional standards, with the is not on the Scrutinized Companies that provisions of any and all applicable Federal, Boycott Israel list, not on the Scrutinized State, County and Town orders, statutes, Companies with Activities in Sudan List, ordinances, rules and regulations which may and not on the Scrutinized Companies with pertain to the Services required under the Activities in the Iran Petroleum Energy Agreement, including but not limited to: Sector List, or been engaged in business operations in Cuba or Syria. Contractor A. Equal Employment Opportunity (EEO), in must submit the certification that is compliance with Executive Order 11246 as attached to this agreement. Submitting a amended and applicable to this Contract. false certification shall be deemed a material breach of contract.The Town shall r_ B. Occupational Safety and Health Act(OSHA) provide notice, in writing, to the Contractor as applicable to this contract. of the Towns determination concerning the 0 false certification. The Contractor shall LO have ninety (90) days following receipt of C. Environmental Protection Agency (EPA), the notice to respond in writing and co as applicable to this Contract. N demonstrate that the determination of false D. All contractors and subcontractors certification was made in error. If the performing work in connection with this Contractor does not demonstrate that the Contract shall provide equal opportunity for Towns determination of false certificaLO tion CD co employment because of race, religion, was made in error then the Town shall have color, age, sex, national origin, sexual the right to terminate the contract and seek preference,disability or marital status. The civil remedies pursuant to Florida Statute§ N aforesaid provision shall include, but not be 215.4725. limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or 1.80 NONDISCRIMINATION termination; rates of pay or other forms of compensation; and selection for training, During the performance of this Contract, including apprenticeship. The Contractor Contractor agrees to not discriminate against agrees to post in a conspicuous place any employee or applicant for employment available for employees and applicants for because of race, religion, color, sex, handicap, employment, such notices as may be marital status, age or national origin, and will =_ required by the Dade County Fair Housing take affirmative action to ensure that they are and Employment Commission, or other afforded equal employment opportunities authority having jurisdiction over the Work without discrimination. Such action shall be setting forth the provisions of the taken with reference to, but not be limited to, nondiscrimination law. recruitment, employment, termination, rates of y pay or other forms of compensation, and E. "Conflicts of Interest" Section 1-19 of the selection for training or retraining, including County Code, and Ordinance 2011-19. apprenticeship and on-the-job training. By entering into this Contract with the Town, the Ile F. Florida Building Code (FBC). Contractor attests that it is not in violation of the Americans with Disabilities Act of 1990 (and G. Notwithstanding any other provision of the related Acts). If the Contractor or any owner, Agreement, Contractor shall not be subsidiary or other firm affiliated with or related CL' required pursuant to the Agreement to take to the Contractor is found by the responsible any action or abstain from taking any action enforcement agency or the Town to be in if such action or abstention would, in the violation of the Act, such violation shall render good faith determination of the Contractor, this Contract void. This Contract shall be void if constitute a violation of any law or the Contractor submits a false affidavit or the Contractor violates the Act during the term of 24 Packet Pg.336 C.15.c this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. D. The provisions of this Article are supplemental to, not in lieu of,all applicable m 1.81 CONFLICT OF INTEREST laws with respect to conflict of interest. In m the event there is a difference between the 0) The Contractor represents that: standards applicable under the Agreement CD and those provided by statute, the stricter y 0)l shall h apply. d d sa standard A. No officer, director, employee, agent, or s U other consultant of the Town or a member 2.1 of the immediate family or household of the E. In the event Contractor has no prior 0) aforesaid has directly or indirectly received knowledge of a conflict of interest as set or been promised any form of benefit, forth above and acquires information which payment or compensation, whether may indicate that there may be an actual or > tangible or intangible, in connection with the apparent violation of any of the above, grant of the Agreement. Contractor shall promptly bring such information to the attention of the Town's B. There are no undisclosed persons or Project Manager. Contractor shall entities interested with the Contractor in the thereafter cooperate with the Town's review Agreement. The Agreement is entered into and investigation of such information, and by the Contractor without any connection comply with the instructions Contractor with any other entity or person making a receives from the Project Manager in proposal for the same purpose, and without regard to remedying the situation. collusion, fraud or conflict of interest. No elected or appointed officer or official, 1.82 PRESS RELEASE OR OTHER PUBLIC LO director, employee, agent or other COMMUNICATION co consultant of the Town, or of the State of Florida (including elected and appointed Under no circumstances shall the Contractor, its members of the legislative and executive employees, agents, subcontractors and "9 branches of government),or member of the suppliers,without the express written consent ofLO immediate family or household of any of the the Town: CD aforesaid: A. Issue or permit to be issued any pressCD 1. Is interested on behalf of or through the release, advertisement or literature of any C44 Contractor directly or indirectly in any kind which refers to the Town, or the Work manner whatsoever in the execution or being performed hereunder, unless the the performance of the Agreement, or Contractor first obtains the written approval in the services, supplies or work, to of the Town. Such approval may be which the Agreement relates or in any withheld if for any reason the Town believes portion of the revenues; or that the publication of such information would be harmful to the public interest or is 2. Is an employee, agent, advisor, or in anyway undesirable; and CD consultant to the Contractor or to the best of the Contractor's knowledge, B. Communicate in any way with any any subcontractor or supplier to the contractor, department, board, agency, Contractor. council or other organization or any person c whether governmental or private in connection with the Services to be C. Neither the Contractor nor any officer, performed hereunder except upon prior director, employee, agent, parent, subsidiary, or affiliate of the Contractor written approval and instruction of the shall have an interest which is in conflict Town; and with the Contractor's faithful performance of C. Represent, directly or indirectly, that any rle am, its obligations under the Agreement; product or service provided by the provided that the Town, in its sole discretion, may consent in writing to such a Contractor or such parties has been relationship, and provided the Contractor approved or endorsed by the Town, except CL provides the Town with a written notice, in as may be required by law. advance,which identifies all the individuals and entities involved and sets forth in detail 1.83 BANKRUPTCY the nature of the relationship and why it is in the Town's best interest to consent to The Town reserves the right to terminate this such relationship. contract if, during the term of any contract the 25 Packet Pg.337 C.15.c Contractor has with the Town, the Contractor becomes involved as a debtor in a bankruptcy 1.89 COST ADJUSTMENTS proceeding, or becomes involved in a m reorganization, dissolution, or liquidation The cost for all items as quoted herein shall m proceeding, or if a trustee or receiver is remain firm for the term of the contract. Costs 2 appointed over all or a substantial portion of the for subsequent years and any extension term property of the Contractor under federal years shall be subject to an adjustment only if y bankruptcy law or any state insolvency law. increases occur in the industry. However, 0) unless very unusual and significant changes 1.84 GOVERNING LAW have occurred in the industry, such increases 0) shall not exceed 3% per year or, whichever is This Contract, including appendices, and all less,the latest yearly percentage increase in the matters relating to this Contract (whether in All Urban Consumers Price Index (CPU-U) contract, statute, tort (such as negligence), or (National)as published by the Bureau of Labor otherwise)shall be governed by, and construed Statistics, U.S. Dept. of Labor. The yearly in accordance with, the laws of the State of increase or decrease in the CPI shall be that Florida. latest index published and available ninety (90) days prior to the end of the contract year then in 1.85 SURVIVAL effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the The parties acknowledge that any of the Town at least ninety (90) days prior to the obligations in the Agreement will survive the contract anniversary date. Any approved cost term, termination and cancellation hereof. adjustments shall become effective upon the r� Accordingly, the respective obligations of the anniversary date of the contract. In the event theLO Contractor and the Town under the Agreement, CPI or industry costs decline, the Town shallco which by nature would continue beyond the have the right to receive from the Contractor termination, cancellation or expiration thereof, reduction in costs that reflect such cost changes shall survive termination, cancellation or in the industry. The Town may, after expiration hereof. LO examination, refuse to accept the adjusted costs CD co 1.86 CANCELLATION FOR UNAPPROPRIATED if they are not properly documented, increases are considered to be excessive, or decreases CD FUNDS are considered to be insufficient. In the event cv the Town does not wish to accept the adjusted The obligation of the Town for payment to a costs and the matter cannot be resolved to the Contractor is limited to the availability of funds satisfaction of the Town, the contract can be appropriated in a current fiscal period, and p cancelled by the Town upon giving thirty (30) � continuation of the contract into a subsequent days written notice to the Contractor. fiscal period is subject to appropriation of funds, CJ unless otherwise authorized by law. 1.90 PROHIBITION OF INTEREST 1.87 ASBESTOS STATEMENT No contract will be awarded to a bidding firm who has Town elected officials, officers or All material supplied must be 100% asbestos employees affiliated with it, unless the bidding free. Bidder, by virtue of bidding, certifies that if firm has fully complied with current Florida State awarded any portion of the RFP he will supply Statutes and Town Ordinances relating to this only material or equipment that is 100% issue. Bidders must disclose any such affiliation. asbestos free. Failure to disclose any such affiliation will result in disqualification of the Bidder or termination of 1.88 VERBAL INSTRUCTIONS PROCEDURE the agreement, removal of the Bidder from the Town's bidder lists, and prohibition from No negotiations, decisions, or actions shall be engaging in any business with the Town. Ile initiated or executed by the Contractor as a result of any discussions with any Town 1.91 NO CONTINGENT FEES employee. Only those communications which are in writing from an authorized Town Vendor warrants that it has not employed or CL representative may be considered. Only written retained any company or person other than a communications from Contractors, which are bona fide employee working solely for the assigned by a person designated as authorized Vendor to solicit or secure the Agreement, and to bind the Contractor,will be recognized by the that it has not paid or agreed to pay any person, Town as duly authorized expressions on behalf company, corporation, individual, or firm, other of Contractors. 26 Packet Pg.338 C.15.c than a bona fide employee working solely for the with a minimum 30-day notice prior to any such Vendor any fee, commission, percentage, gift, reduction in budget. or other consideration contingent upon or resulting from the award or making of the 1.95 ANNEXATION m Agreement. For the breach or infraction of this provision, the Town shall have the right to Contractor agrees to extend all terms, CD terminate the Agreement without liability at its conditions and pricing in the Agreement and any y discretion, to deduct from the contract price, or amendments thereto,to any areas annexed into otherwise recover the full amount of such fee, the Town. commission, percentage, gift or consideration. W 1.96 LITIGATION VENUE 1.92 E-VERIFY The parties waive the privilege of venue and Contractor acknowledges that the Town may be agree that all litigation between them in the state utilizing the Contractor's services for a project courts shall exclusively take place in Broward that is funded in whole or in part by State funds County, Florida and that all litigation between pursuant to a contract between the Town and a them in the federal courts shall take place in the State agency. Contractor shall be responsible Southern District of Florida. for complying with the E-Verify requirements in the contract and using the U.S. Department of 1.97 SOVEREIGN IMMUNITY Homeland Security's E-Verify system to verify the employment of all new employees hired by Nothing in the Agreement shall be interpreted or Contractor during the Agreement term. The construed to mean that the Town or the CRA Contractor is also responsible for e-verifying its waives its common law sovereign immunity or LO subcontractors, if any, pursuant to any the limits on liability set forth in Section 768.28, co agreement between the Town and a State Florida Statute. N Agency, and reporting to the Town any required information. Contractor acknowledges that the 1.98 SUBMISSION AND RECEIPT OF BIDS "9 terms of this paragraph are material terms, the LO breach of any of which shall constitute a default Bids having any erasures or corrections must be CD co under the Agreement. initialed and dated by the bidder in ink. This bid document shall be typewritten or filled in withCD r 1.93 FORCE MAJEURE pen and ink. C44 I The Agreement which is awarded to the 1.99 SOLID WASTE CONSTRUCTION AND successful proposer may provide that the DEMOLITION DEBRIS COLLECTION AND performance of any act by the Town, the CRA, DISPOSAL REQUIREMENTS FOR T or Contractor hereunder may be delayed or BIDDING JOBS IN THE TOWN OF DAVIE suspended at any time while, but only so long as, either party is hindered in or prevented from The Town of Davie has an exclusive solid waste performance by acts of God, the elements,war, franchise agreement with Waste Management, rebellion, strikes, lockouts or any cause beyond Inc. of Florida for the collection and disposal of the reasonable control of such party, provided all solid waste including construction and = however, the Town shall have the right to demolition (C & D) debris as defined within provide substitute service from third parties or Florida Statutes Chapter 403. All applicants for Town forces and in such event the Town shall bids to perform construction work for the Town withhold payment due Contractor for such of Davie or the CRA shall be subject to the period of time. If the condition of force majeure requirements found in the Town's exclusive sold exceeds a period of 14 days the Town may, at waste franchise agreement and must contract its option and discretion, cancel or renegotiate with Waste Management for the collection and the Agreement. disposal of all construction and demolition debris generated at such construction job sites. Ile 1.94 BUDGETARY CONSTRAINTS For the current applicable rates and fees for ' In the event the Town is required to reduce Waste Management dumpsters, roll-off contract costs due to budgetary constraints, all containers,and other related solid waste service CL services specified in this document may be equipment needs, please contact Kay Hurley, subject to a permanent or temporary reduction Waste Management Construction Services in budget. In such an event, the total cost for Account Manager at (954) 439-4067 the affected service shall be reduced as or khurley(d),wm.com . required. The Contractor shall also be provided 27 Packet Pg.339 C.15.c For further information related to bid specifications related to solid waste franchise requirements, please contact Brian O'Connor, m Procurement Manager, at (954) 797-1016 or boconnorp_davie-fl.gov . CD For solid waste franchise enforcement y questions, please contact the Town of Davie W Program Division's representative at(954)797- 1045 or Danny Stallone, Code Compliance W Official at(954)693-8237. 4- 0 PLEASE BE ADVISED THAT THE FAILURE OF ANY BIDDER FOR A CONSTRUCTION PROJECT FOR THE TOWN OF DAVIE, INCLUDING AND NOT LIMITED TO GENERAL CONTRACTORS AND DEVELOPERS, TO ADHERE TO THE REQUIREMENTS OF THE TOWN OF DAVIE'S EXCLUSIVE SOLID > WASTE FRANCHISE AGREEMENT SHALL RESULT IN A NOTICE OF VIOLATION, CITATION OR SIMILAR CODE ENFORCEMENT ACTION BEING TAKEN AGAINST THEM. ENFORCEMENT ACTION MAY INCLUDE DENIAL OR REVOCATION OFLO A BID APPLICATION AND ITS APPROVAL. co N THE ENFORCEMENT ACTION WILL RESULT IN FINES AND LIENS UP TO $15,000/DAY FOR IRREPARABLE VIOLATIONS, UP TO LO $1,000/DAY FOR FIRST VIOLATIONS, UP TO CD co $5,000/DAY FOR REPEAT VIOLATIONS PLUS CD APPLICABLE COST RECOVERY AND ATTORNEY FEES. CD N I END OF SECTION CL CJ ram. 28 Packet Pg.340 C.15.c SECTION2.0 SPECIAL CONDITIONS 2.1 PERFORMANCE OF SERVICES Contractor agrees to perform contracted services in a professional manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Services not conforming to the intent of the Agreement or meeting the approval of the Town may be rejected. Any deviation from these specifications must be approved by the Town in writing. If specifications are in contradiction, or if they contain any errors or omissions, bidders shall notify the Procurement Division 76 in writing at least by the RFI deadline stated below,or at the pre-proposal conference,to allow sufficient time to resolve all discrepancies. 2.2 REQUESTS FOR INFORMATION (RFI) Any questions regarding the specifications shall be addressed to the Procurement Manager by the deadline stated herein for receiving RFIs via e-mail at purchasinao-davie-fl.gov. o Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all bidders by written addenda. Failure of a bidder to receive and/or acknowledge any addendum LO shall not release the bidder from any obligations under this bid. co cv cv 2.3 PRE-PROPOSAL MEETING AND SITE INSPECTION A Pre-Proposal Conference and Site Visit will NOT be held for this solicitation. LO co CD 2.4 SCHEDULE OF EVENTSCD N The Town will use the following tentative time schedule in the selection process. The Town reserves r_I the right to change and/or delay scheduled dates': 2 m Event! Date U RFP Available 08/05/2019 Last Date Receipt of RFIs 08/18/2019 Proposals Due(2:00 pm EST) 08/27/2019' 2.5 EVALUATION &SELECTION METHOD AND CRITERIA' 0 All responses will be reviewed and evaluated by a Review Committee to be designated by the Town Administrator or his/her designee. A recommendation for award will be submitted to the Town y Administrator for final approval. The responses shall be evaluated based on the criteria below in order to determine the responses that are in the best overall interest of the Town. Awards will be made only to responsible, licensed firms possessing the potential ability to perform Ile successfully under the terms and conditions of these specifications. Proposers must be regularly , engaged in the trade or trades relating to the proposals submitted. 1.Process CL The selection process shall be as follows: A. The Review Committee (the "Committee") will first evaluate all firms' qualifications and 29 Packet Pg.341 C.15.c references in accordance with the Evaluation Criteria below. The Committee shall rank and shortlist firms, where one (1) is the highest ranking and so forth. B. At the Committee's discretion,top ranked firms may be asked to come in for oral presentations E and/or interviews (continue to "D" below). C. If presentations are not requested, contract negotiations will then commence with the top ranked firm following Town Council shortlist approval. D. If firms are asked to come in for oral presentations and/or interviews: i. Procurement will establish the schedule and firms will be notified within a reasonable time period (see schedule provided herein), in advance of the date, time and place of the o 76 presentations. Equal time will be allotted for each firm. The format may consist of formal > presentations, questions and answers, and discussion for clarification purposes. The specific format for presentations will be provided to proposers with the notifications. Oral presentations and/or interview sessions will not be open to the public. ii. After the oral presentations, interviews and/or proposer facility site visits, the Committee will then conduct a final ranking in accordance with the criteria in item "2" below to determine the top ranked firm considered to be the most capable of performing the required project in the best interest of the Town. The Committee's recommendation will be brought to the Town Council for approval. o E. The Committee will negotiate a final agreement beginning with the best evaluated LO Respondent. Should negotiations be unsuccessful, the Committee will terminate negotiations co with the firm and initiate negotiations with the second-ranked firm and so forth until successful negotiation. r9 F. The department will then prepare the agenda item for the next available Council meeting and LO CD request the Town Council to approve the final contract. co CD CD 2.Evaluation Criteria N i The selection of a Respondent with who to contract shall be based on the proposal most advantageous to the Town based on the "best value to the Town" using the following criteria: m • Firm Qualifications & Experience with Fire & Life Safety Billing • Qualifications & Experience of Key Personnel with Fire & Life Safety Billing • Client References and Past Performance • Best Overall Approach to the Scope of Services • Compatibility and Integration with Existing System • Local Preference = 2.6 CONTENT OF PROPOSAL o Proposals should include but not be limited to the following information: y 1. Summary of approach to Scope of Work. 2. Compatibility with current report management software, and capability of integrating data from existing billing system. I le 3. Capability of proving Fire Inspection Services listed in Section 3.4. 4. Minimum of three (3)references. ' 5. All required Town Forms. CL U_ 2.7 SIGNED BID CONSIDERED AN OFFER This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be E deemed accepted upon approval by the Town of Davie, if required, and in case of default on the part 30 Packet Pg.342 C.15.c of the bidder or contractor after such acceptance, the Town of Davie may take such action as it deems appropriate including legal action for the damages or specific performance. 2.8 PAYMENT Payment for work shall be authorized upon completion of all work specified in "Scope of Work" of this specification. Invoices will be subject to verification and approval by the department requesting the service. 2.9 COMPETENCY OF PROPOSERS 4- 0 76 Proposals shall be considered only from firms that have been continuously engaged in providing > products and services similar to those specified herein for a reasonable period and that are presently engaged in the provision of these services. Contract(s) will be awarded only to responsible and responsive Proposer(s) licensed and qualified by experience to do the work specified. m The Proposer shall submit, prior to award of Contract, satisfactory evidence of his experience in like work and that he is fully prepared with the necessary organization, capital, and equipment to complete the Scope of Services. Proposer shall be insured, licensed, and certified by all applicable local, county, and state agencies. 0 2.10 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL LO co The initial contract shall be for a period of three(3)years from execution of the agreement.In addition, the Town reserves the right to renew the contract for two(2)additional one (1)year periods, providing, that both parties agree that all terms, conditions and specifications remain the same, contingent upon LO approval by the Town Administrator. CD co CD 2.11 NEGOTIATIONS CD cv i Contract(s) may be awarded on the basis of offers received, without discussion. Therefore, proposals should contain the Proposer's best terms. Following the evaluation, ranking, and if deemed necessary facility site visits and/or oral presentations, the Evaluation Committee will recommend that a contract be negotiated with the highest ranked responsive and responsible Proposer. The Town may enter into contract negotiations with the recommended Proposer or take such other action as it deems to be in the best interest of the Town. 2.12 CONTRACT AWARD Any contract, as a result of this RFP, will be submitted to Town Administrator for considerations and may be submitted to the Town Council for their approval. The Contract award, if any, shall be made to the Proposer whose proposal shall be deemed by the Town to be in the best interest of the Town. The Town's decision to make the award and which proposal is in the best interest of the Town shall be final. r. END OF SECTION 31 Packet Pg.343 C.15.c SECTION3.0 SPECIFICATIONS 3.1 INTRODUCTION Davie Fire Rescue Department/Fire & Life Safety, under the direction of the Fire Chief, is required by the Florida Prevention Code to annually inspect any and all building and structures including multi-family residential building of three (3) or more units for the purpose of ascertaining and causing to be corrected any condition liable to cause a fire and to ensure that all fire and life safety features required be the Fire Prevention Code are installed and maintained. 3.2 PURPOSE 2 The purpose of this solicitation is to establish a contract for billing and collection services in relation to fire inspections performed by Davie's Fire Department. The Town is seeking a qualified m and experienced firm who shall provide quality service. The Firm will be responsible for billing and collecting all the fire safety inspections fees and provide monthly accounting for all payments and amounts due to the department. Proposals will be considered only from firms that are regularly engaged in the business of providing billing and collection services described herein. 0 3.3 SCOPE OF WORK LO W co cv The Town of Davie Fire Rescue Department is required to conduct annual fire safety inspections by the Florida Prevention Code. The Firm will bill and collect all revenue earned by LO and due to Fire Department, in connection with Fire Department's provision of inspection CD co services provided/rendered at business and multi-family residential locations throughout the Fire Department's service area. The Firm shall receive all inspection payments on the Fire Department's behalf. In addition, they will provide monthly accounting of all payments and amounts due to the Fire department. Upon approval from the Fire Department, the Firm and may collect monies due on accounts and to withdraw any claims, suits, or proceedings pertaining to or arising out of the Firm's or the Fire Department's right to collect such amounts provided. Until such approval is received, the Firm may not take legal action to collect monies owed. The Firm shall perform inspection services related to billing and collecting set forth in Section 3.4. At any time the Fire Department may add on additional services offered by the Firm by way of an Amendment. This would include, but not be limited to, EMS Transport Billing, False Alarm' Registration and Billing, HazMat Management and Permitting, and Self-Inspections. The Fire Department agrees to comply with all reasonable requests of the Firm and provide access to all documents reasonably necessary to the performance of the Firm's duties. 3.4 INSPECTION SERVICES Full Inspections shall include, but are not limited to, the following services: CL 1. Firm shall bill the responsible party on the Fire Department's behalf for fire inspection services rendered by the Fire Department. The inspection fees are listed as EXHIBIT A, but 32 Packet Pg.344 C.15.c may change over time. Fire Department will provide notice to the Firm of changes to its inspection fees. 2. Firm shall provide, as a normal matter of business; processing and invoicing of a inspections and submission to the responsible party for payment, collections of monies deemed due to the Fire Department, payments of said monies to Fire Department, and reporting of progress. 3. Firm shall bill each inspection within 24-hours of the inspection being completed. If billing is not completed according to this time schedule a reduction in processing fees collected per bill c may result (to be negotiated). 2 4. Firm shall not begin litigation against a person or entity without prior written approval by the Fire Department. 5. Firm shall reimburse Fire Department the full amount collected for each inspection less al processing fee (to be negotiated). c 0 6. Firm will collect a convenience fee for all payments made with a credit card (to be negotiated). This will be charged directly to the consumer and not to the Town of Davie. This will LO offset any credit card fees associated with the program. cco „ N 7. Firm will pay the funds due to the Fire Department for its inspections on a monthl 9 i ccounting of the monthly billing cycle. LO co 1 W, I Us Wah M11 MA%I, , 011ml, 8. Firm will make reports available via a password protected website for the Fire Department to access which will set forth the status of all inspections received on a daily basis and provide an accounting of all payments and amounts due on a daily basis through the integration software. 0 3.5 INTEGRATION AND COMPATIBILITY Firm's billing system shall have an open architecture to allow for integration with the Davie Fire 9 Rescue's current report management system- Streamline Automation Systems. 'Firm shall also be capable of backfilling and integrating all previous billing history data contained within the Davie Fire Rescue's current billing system Fire Recovery USA. END OF SECTION 33 Packet Pg.345 C.15.c 4- 0 2 0 0 LO co co N w r9 r LO co CD CD CD N I c u w tJ CD N h a) CL 34 Packet Pg.346 EXHIBIT A Davie Fire Rescue - Fire and Life Safety Division ANNUAL FIRE SAFETY FEE SCHEDULE Effective October 1, 2018 - Fiscal Year 2019 CATEGORY OCCUPANCY DESCRIPTION FIRE SAFETY EDUCATIONAL,HEATHCARE, INSPECTION DETENTION&CORRECTIONAL, ASSEMBLY,BUSINESS, STORAGE MERCANTILE,INDUSTRIAL ) 4- 0 FEE DESCRIPTION Fee Up to 800 sq. ft. $6814 801 to 1,500 sq. ft. $90.86 0. >1,501 -2,500 sq. ft. $113.57 >2,501 -3,500 sq. ft. $136.28 m >3,501 -5,000 sq. ft. $159.00 >5,001 -7,500 sq. ft. $204.43 >7,501 - 10,000 sq. ft. $249.86 >10,001 - 15,000 sq. ft. $295.28 c >15,001 -20,000 sq. ft. $340.71 >20,001 -30,000 sq. ft. $408.85 LO co >30,001 -40,000 sq. ft. $477.00 N >40,001 -60,000 sq. ft. $54514 >60,001 - 80,000 sq. ft. $613.28 >80,001 ($613.28)+per ea.Additional 1000 sq. ft. $0.17 'n CD co CD RESIDENTIAL(3 UNITS OR MORE) Fee T' cv 3-11 UNITS(price per unit) $5.68 12-25 UNITS(price per unit) $5.11 0 26-50 UNITS(price per unit) $4.54 w 51-100 UNITS(price per unit) $3.97 U 101 OR MORE UNITS(price per unit) $2.84 -� ADDITIONAL TO ALL APPLICABLE FEES LISTED ABOVE FOR ALL OCCUPANCY TYPES FIRE SAFETY FIRE SPRINKLER SYSTEM $34.07 INSPECTION FIRE ALARM SYSTEM $34.07 FIRE PUMP,BACKFLOW PREVENTOR $11.36 SMOKE EVACUATION SYSTEM $34.07 FIRE STANDPIPE SYSTEM $34.07 EMERGENCY GENERATOR $11.36 FIRE SAFETY FIRST REINSPECTION N/C Ile INSPECTION SECON REINSPECTION 100%OF ANNUAL FEE THIRD REINSPECTION 200%OF ANNUAL FEE eC IF NOT IN COMPLIANCE AFTER THE CL THIRD REINSPECTION AND REFER U- TO SPECIAL MAGISTRATE HEARING 200%OF ANNUAL FEE ;j Packet Pg.347 C.15.c Davie Fire Rescue - Fire and Life Safety Division ANNUAL FIRE SAFETY FEE SCHEDULE Effective October 1, 2018 - Fiscal Year 2019 SPECIAL SPECIAL INSPECTIONS Fee SERVICE FEE INDOOR RETAIL SALES OF LEGAL $45.43 e( PYROTHECHNICAL ITEMS STANDBY FIRE WATCH,AFTER HOURS $113.57 INSPECTIONS (per/hour/per inspector/firefighter) 0 ILLEGAL BURN(per incident) $227.14 > 0 FALSE ALARMS IN A 12 MONTH PERIOD(per incident) Commercial Residential -- m i st Occurrence No Charge No Charge 2nd Occurrence $113.57 No Charge 3rd Occurrence $283.93 $113.57 4th Occurrence $283.93 $113.57 c 5th Occurrence $283.93 $113.57 LO 6th Occurrence $283.93 $113.57 co Recurring $283.93 $113.57 N r9 FIRE SAFETY FIRE HYDRANT FLOW TEST $170.36 INSPECTION (per site,per test,paid in advance) CD NON-PROFIT:PUBLIC SCHOOLS, NO CHARGE CD AGRICULTURAL,HOUSES OF C, WORSHIP FIRE SAFETY INSPECTION FIXED FIRE SUPPRESSION SYSTEMS (PERFORMED 6 MONTHS AFTER THE cj CERTIFICATION DATE ON TAG) ONE CYLINDER-UP TO 6 HEADS $45.43 TWO CYLINDERS-UP TO 12 HEADS $90.86 FIRE SAFETY MOBILE HOME&RECREATIONAL INSPECTION VEHICLE PARKS-COMMON AREAS OFFICES,REC HALLS,LAUNDRY USE THE SQUARE FOOTAGE FACILITIES,ETC. FEE SCHEDULE FOR OCCUPANCIES m Note:This fee schedule will automatically adjust upward annually on October 1 st of each year utilizing the Consumer Price Index for all Urban Consumers(CPI-U)for Miami-Fort Lauderdale,FL. e( CL Packet Pg.348 C.15.c Davie Fire Rescue - Fire and Life Safety Division ANNUAL FIRE SAFETY FEE SCHEDULE Effective October 1, 2018 - Fiscal Year 2019 CPI for Oct. 1,2018= 1.036 ai m 4- 0 2 m 0 0 r. LO co cv cv M LO CD co CD CD cv CL m CJ c r. Packet Pg.349 C.15.c . . . m c c r. LO co 00 cv cv w r9 LO CD 00 cv i c CD CL c r. 35 Packet Pg.350 C.15.c 4- 0 2 m 0 0 r. LO co CN co w r9 LO co CD CD T- CD CD m c cn r® w CL 36 Packet Pg.351 C.15.c PROPOSAL SIGNATURE PAGE FOR CORPORATION The officers of the Corporation are as follows: NAME ADDRESS President Vice-President 4- 0 76 Secretary > Treasurer Registered Agent The full names and residences of stockbrokers, persons, or firms interested in the foregoing Proposal, as principals, are as follows: 0 r. LO W co cv cv r9 Post Office Address PROPOSER: LO CD co (CORPORATE NAME) cv i PRESIDENT'S SIGNATURE AND E-MAILADDRESS m Is this corporation incorporated in the State of Florida? ATTEST: SECRETARY YES [ ] NO [ ] If no, give address of principal place of business: r. CL 37 Packet Pg.352 C.15.c PROPOSAL SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP m The full names and residences of persons, partners or firms interested in the foregoing Proposal, as principals, are as 2 p p g g p p p follows: 4- 0 2 m PROPOSER c 0 (FIRM NAME) LO co Witnesses: `V cv r9 (SEAL) LO CD co CD SIGNATURE AND E-MAILADDRESS cv i PRINT NAME m 0 Title (Sole Proprietor or Partner) Post Office Address: TELEPHONE CITY in which fictitious name is registered. y Attach a copy of proof of registration r. CL 38 Packet Pg.353 C.15.c 0) INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES 2 PART I: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH 4- THIS BID. c 2 Addendum#1, Dated Addendum#2, Dated Addendum#3, Dated 0 Addendum#4, Dated 0 Addendum#5, Dated Lo co Addendum#6, Dated co 04 cv Addendum#7, Dated Lo Addendum#8, Dated CD co CD CD cv i PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID. FIRM NAME: _ c AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: r. CL 39 Packet Pg.354 C.15.c Code of • **Complete the boxes below as applicable:** 1. My Business is located within the Town of Davie. Legal Name of Firm: 4- Taxpayer ID No.: o Physical Address: > SHALL NOT BE A P.O.BOX OR RESIDENCE 0. 0. Phone Number: Email Address: Has the business name changed since it was opened in Davie?Yes_No If yes, provide the previous business name: o Date your business was established in Town of Davie: LO co Business License Number: Date Issued: The business employs insert a number full time employees. LO CD co 2. My Business is located within Broward County. Legal Name of Firm: Taxpayer ID No.: Physical Address: SHALL NOT BE A P.O.BOX OR RESIDENCE tJ Phone Number: Email Address: Has the business name changed since it was opened in Broward County?Yes_No _ If yes, provide the previous business name: o Date your business was established in Broward County: Business License Number: Date Issued: The business employs (insert a number)full time employees. r. I have attached copies of applicable Business Tax Receipt(s) (REQUIRED). The undersigned states that the forgoing statements are true and correct.The undersigned also acknowledges that any person,firm, CL corporation or entity intentionally submitting false information to the Town in an attempt to qualify for local preference shall be prohibited from bidding on Town of Davie products and services for a period of one(1)year. Authorized Signatory: Print Name: E 40 Packet Pg.355 C.15.c VENDOR BIDDER DISCLOSURE FORM being first duly sworn state that: The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): - Name of Individual, Firm, or Organization: Address: -- 0 FEIN LO State and date of incorporation to 00 N LO CD OWNERSHIP DISCLOSURE AFFIDAVITco 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Full Legal Name Address Ownership y ram. 41 Packet Pg.356 C.15.c 2. The full legal names and business addresses of any other individual (other than subcontractors, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business E transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address 0 76 0 By: LO Date: 00 N Signature of Affiant LO 00 CD Print Name SUBSCRIBED AND SWORN TO or affirmed before me this day of 20 , by he/she is personally known to me or has presented as identification. Notary Public, State of Florida at Large Print or Stamp of Notary CL Serial Number My Commission Expires: 42 Packet Pg.357 C.15.c THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR 2 OTHER OFFICAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the TOWN OF DAVIE, FLORIDA By: 4- (print individual's name and title) c For: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number(FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. c 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g), Florida Statutes, means LO a violation of any state or federal law by a person with respect to and directly related to the transaction 100 cv of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and LO involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material 100 CD misrepresentations. CD 3. I understand that"convicted" or"conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, i means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere. m 0 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and =_ who has been convicted of a public entity crime. The term "affiliate" includes those officers' directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair y market value under an arm's length agreement,shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I le 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods CL or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity. E 43 Packet Pg.358 C.15.c 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate (n applies e ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. c 76 ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing LO Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by co the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). LO CD co I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY cV AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR — TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day 20 2 Personally known OR Name of Notary Produced identification Notary Public— State of 44 Packet Pg.359 C.15.c ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF } ) 4- 0 76 I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the Town of Davie, its elected officials, and or its consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. 0 0 By: LO co N Title: LO CD co Sworn and subscribed before this cv i day of 20_ m 0 Notary Public, State of Florida c (Printed Name) y My commission expires: Ile CL 45 Packet Pg.360 C.15.c DISCLOSURE OF CONFLICT OF INTEREST VENDOR SHALL DISCLOSE BELOW, TO THE BEST OF HIS OR HER KNOWLEDGE, ANY TOWN OF DAVIE OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEEAS DEFINED IN SECTION 112.3135, FLORIDA STATUTES,WHO ISAN OFFICER, PARTNER, DIRECTOR OR PROPRIETOR OF, OR HAS A MATERIAL INTEREST IN THE VENDOR'S BUSINESS OR ITS PARENT COMPANY, ANY SUBSIDIARY, OR AFFILIATED COMPANY, WHETHER SUCH TOWN OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENT OR NOT. Name Relationship 2 m 0 0 FIRM NAME LO 00 cv cv SIGNATURE OF AUTHORIZED AGENT LO CD 00 cv NAME &TITLE, TYPED OR PRINTED m STATE OF ) CJ )SS COUNTY OF ) The foregoing instrument was sworn to and subscribed before me this day of 20_ by who is personally known to me or produced as identification. NOTARY PUBLIC, State of Commission No.: Print Name: Commission Expires: CL SEAL (if Corporation) 46 Packet Pg.361 C.15.c SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - "No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote,official action,or judgment of the public officer, employee, or candidate would be influenced thereby.""... The term 'public officer' includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body." 76 The Town of Davie policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the Town does business. Only advertising office stationery or supplies of small value are exempt from this policy- e.g. calendars, note pads, pencils. The State of Florida definition of"gifts" includes the following: 0 Real property or its use, Tangible or intangible personal property, or its use, c A preferential rate of terms on a debt, loan, goods, or services, LO Forgiveness of indebtedness, co Transportation, lodging, or parking, Membership dues, Entrance fees, admission fees, or tickets to events, performances, or facilities, Plants, flowers or floral arrangements LO co Services provided by persons pursuant to a professional license or certificate. Other personal services for which a fee is normally charged by the person providing the services. Any other similar service or thing having an attributable value not already provided for in this section. To this list, the Town of Davie has added food, meals, beverages, and candy. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. SIGNATURE PRINTED NAME NAME OF COMPANY TITLE r. CL 47 Packet Pg.362 C.15.c INDEMNIFICATION CLAUSE The Contractor shall indemnify, defend and hold harmless the Town Council, the Town of Davie and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees)arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting there from, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any c 76 Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them > may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. m SIGNATURE PRINTED NAME 0 0 DATE TITLE LO co cv cv STATE OF FLORIDALO COUNTY OF BROWARD CD co CD CD cv SWORN TO AND SUBSCRIBED before me, the under signed authority, i m who, after first being sworn by me, affixed his/her [name of individual signing] signature in the space provided above on this day of 120 c NOTARY PUBLIC r. CL 48 Packet Pg.363 C.15.c AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF } 4- 0 76 being first duly sworn, deposes and says that: a) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Proposer that has submitted the attached Proposal; b) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 0 c) Such Proposal is genuine and is not collusive or a sham Proposal; r. LO d) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, co employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain LO CD from proposing in connection with such work; or have in any manner, directly or indirectly, sought by co CD person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion,conspiracy, connivance,or unlawful agreement any advantage against(Recipient), or any person interested in the proposed work; e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: c By: Witness 2 r. Witness (Printed Name) , CL (Title) 49 Packet Pg.364 C.15.c ACKNOWLEDGMENT STATE OF FLORIDA } } SS: COUNTY OF } 2 BEFORE ME, the undersigned authority personally appeared to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that executed said Affidavit for the purpose therein 0 expressed. LO co cv cv r9 WITNESS, my hand and official seal this day of 120LO CD co My Commission Expires: i m 0 Notary Public State of Florida at Large CL r. 50 Packet Pg.365 C.15.c DRUG-FREE WORKPLACE PROGRAM IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace c 76 program, a business shall: > 0 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. m 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining drug-free workplace, any available drug counseling, rehabilitation, and employee assistance c r_ programs, and the penalties that may be imposed upon employees for drug abuse violations. 0 3. Give each employee engaged in providing the commodities or contractual services that are under LO bid a copy of the statement specified in subsection (1). co 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any LO CD violation of chapter 893 or of any controlled substance law of the United States or any state, for a violationco occurring in the workplace no later than five (5)days after such conviction. N 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above = requirements. VENDOR'S SIGNATURE PRINTED NAME r. NAME OF COMPANY CL 51 Packet Pg.366 C.15.c E-VERIFY FORM Bid No: Project Description: 4- 0 2 m Vendor/Consultant acknowledges and agrees to utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: (a) all persons employed by Vendor/Consultant to perform employment duties within Florida during the term of the contract; and I-- LO W co (b) all persons (including SUBCONTRACTORs/SUBVENDORs) assigned by Vendor/Consultant to perform work pursuant to the contract with the Department. The Vendor/Consultant acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the LO contract is a condition of the contract with the Town of Davie. CD co CD CD Company/Firm: i m Authorized Signature: Print Name: Title: c Date: 2 r. CL 52 Packet Pg.367 C.15.c EMPLOYEE BACKGROUND VERIFICATION AFFIDAVIT I, Company 0 76 Attest that all personnel used in the performance of this work have had a criminal background check, and have no criminal offenses, a negative drug test result, and are legally documented to work in the United States. W m The Town of Davie reserves the right to request copies of the criminal background checks and drug test results of the awarded firm(s). 0 r. LO W co cv cv Proposer's Signature LO CD co cv i m 0 CL r. 53 Packet Pg.368 C.15.c Proposer shall provide three (3) references of similar work satisfactorily completed within the last ten (10) years (preferably government agencies). 1) Name of Client Entity: Address: City/State/Zip: Contact: 0 Email Address: Telephone: Scope of Work: 0 2) Name of Client Entity: 0 Address: LO City/State/Zip: C° N Contact: Email Address: LO CD CO Telephone: Scope of Work: i 3) Name of Client Entity: Address: City/State/Zip: Contact: Email Address: Telephone: Scope of Work: CL 54 Packet Pg.369 C.15.c REQUIREDPROPOSER/BIDDER QUESTIONNAIRE Name of Proposing Firm: Today's Date: y Primary Contact Person Re: this Bid: Primary Contact Person Email Address: 76 Primary Contact Person Phone Number: m 1. How many years has your firm been in business under its present business name?: 2. Under what other former name(s) has your firm operated?: 0 r. LO 3. Have any similar agreements held by proposer for a similar project to the proposed project ever been co cv canceled? Circle one: No Yes If yes, please explain: LO CD co cv i 4. Has the proposer or any principals of the firm failed to qualify as a responsible proposer, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5)years? Circle one: No Yes 0 If yes, please explain: 0 5. Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter y 11 or put into receivership? Circle one: No Yes If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed I le necessary: CL 6. State the name and title of the individual who will have personal management of the work: 55 Packet Pg.370 C.15.c 7. State the name and address of attorney, if any, for the firm: 8. List all pending lawsuits involving the corporation, partnership or individuals with more than ten percent (10%) interest that are related to the services to be provided under this RFP. 4- 0 0 9. List all judgments from lawsuits in the last three (3) years involving the corporation, partnership or individuals. 0 0 r. LO CO cv 10. State the names and addresses of all businesses and/or individuals who own an interest of more than r9 five percent(5%)of the Proposer's business and indicate the percentage owned of each such business LO CD and/or individual: CO CD CD cv i 0 m 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer: 0 12. Bank references: BANK NAME ADDRESS (CITY, STATE, ZIP) PHONE NUMBER 0 r. 13. Firm has attached a current Certificate of Liability Insurance? Yes No CL 14. Firm has attached a current W9? Yes No 15. If applicable, your firm attended the Mandatory Pre-Proposal Meeting? Yes No 56 Packet Pg.371 C.15.c 16. Exceptions to any terms and conditions herein have been attached/redlined within this proposal submittal in accordance with Section 1.33 of this RFP. Yes No E 17. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last 4- 0 five (5)years. 0 m Undersigned: 0 0 FIRM NAME LO 00 cv cv SIGNATURE OF AUTHORIZED AGENT LO CD 00 NAME &TITLE, TYPED OR PRINTED cv I 0 STATE OF ) )SS COUNTY OF ) The foregoing instrument was sworn to and subscribed before me this day of 20_ by who is personally known to me or produced as identification. NOTARY PUBLIC, State of Commission No.: Print Name: Commission Expires: CL SEAL (if Corporation) 57 Packet Pg.372 C.15.c INFORMATIONSOURCE OF How did you find out about this solicitation? Check all that apply: 4- 1. www.davie-fl.gov c 2 2. www.demandstar.com m 3. The Sun-Sentinel 0 0 5. Referral/word-of-mouth Specify Source: LO W co cv cv 6. Search Engine/Internet search LO CD co 7. E-mail Specify Source: cv i 8. Banner or Link on another website m 0 9. Flyer, newsletter, direct mail Specify Source: 10. Other, Specify Source: c Please note: This survey form is used for internal Procurement purposes only. r. CL 58 Packet Pg.373 C.15.c LOBBYING INTEREST I, the undersigned, representing declare that I have read the attached form and that (check one): 4- 0 My company is not interested in lobbying either staff or elected officials on any subject associated 76 with this solicitation My company is interested in lobbying either staff or elected officials on matters associated with this solicitation. I understand that in order to lobby, I must fill out the attached form and submit it to the M Town Clerk's Office along with a registration fee of$50.00. 0 r. LO Title of Bid: co co N N Bidder Name: LO CD Address: co N i Phone Number- 0 Fax Number- E-mail Address- Signature- Print Name: CL 59 Packet Pg.374 C.15.c FLORIDACERTIFICATION PURSUANT TO I, on behalf of Print Name Company Name . 4- 0 certify that does not: 2 Company Name 1. Participate in a boycott of Israel; and 0 LO 2. Is not on the Scrutinized Companies that Boycott Israel list; and co N LO 3. Is not on the Scrutinized Companies with Activities in Sudan List; and CD CD CD i 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 0 5. Has not engaged in business operations in Cuba or Syria. c Signature Title Date 60 Packet Pg.375 C.15.c REASON FOR "NO BID" For firms choosing NOT to bid/propose on this opportunity, the Town appreciates your response using this form. Please return via email to bis(a avie-fl.gov or by mail to: 4- 0 Town of Davie— Purchasing Division Attention: Brian O'Connor, C.P.M., Procurement Manager 6591 Orange Drive Davie, FL 33314 1. Why did your firm chose not to respond to this opportunity? 0 Circle all that apply from below list: LO co a. We do not offer these services or equivalent. b. Insufficient time to respond to the solicitation. LO c. Our project schedule would not permit us to perform. CD co CD d. Unable to meet requirements. e. Other: i 2. Additional remarks: c 61 Packet Pg.376 C.15.c SAMPLE AGREEMENT ONLY AGREEMENT No. m BETWEEN THE TOWN OF DAVIE AND CD CONTRACTOR NAME THIS AGREEMENT is made and entered into as of this day of 12019 by and between ,) Contractor Name a corporation organized and existing under the laws of the State of XXXXXX, with offices at c Address (hereinafter referred to as the "Contractor"), and the Town of Davie, a political subdivision of the State of > 2 Florida,having its principal office at 6591 Orange Drive Davie,Florida 33314(hereinafter referred to as the "Town m WITNESSETH: 0 WHEREAS, the Contractor has offered to provide the materials and/or services and to be bound by the r- Plans and the terms and conditions of the Request for Proposals(RFP)No.XXXX-XX TITLE,which includes the General Terms and Conditions of the Request for Proposals, Specifications, Bid Forms, and associated addenda attached hereto and incorporated herein as Exhibit "A", and the terms of Contractor's Proposal attached hereto and co incorporated herein as Exhibit"B"; and a) er WHEREAS, the Contractor has submitted a written proposal dated XX, hereinafter referred to as the CD CD as "Contractor's Proposal",the terms of which are incorporated herein by reference as if fully set forth herein; and cv WHEREAS,the Town desires to procure from the Contractor such services for the Town,in accordance with the terms and conditions of this Agreement. m NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the c CJ parties hereto agree as follows: -a 1. The Contractor agrees to provide the materials and/or services pursuant to and to be bound by the Plans and the terms and conditions of the Request for Proposals,which includes General Terms and Conditions of Request for Proposals, Specifications, Bid Forms, and associated addenda and the terms of which are incorporated herein by c reference as if fully set forth herein and attached hereto as Exhibit"A",and the Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". y 2. The Town agrees to abide by and to be bound by the terms of the Request for Proposals, which includes ' General Terms and Conditions of the Request for Proposals, Specifications, Bid Forms, and associated addenda attached hereto and incorporated herein as Exhibit"A",and by the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 3. Contractor shall deliver materials and/or provide services in accordance with the terms of the Request for Proposals, Bid Forms and addenda attached hereto and incorporated herein as Exhibit "A" and with the terms of ;j Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 4. The Town agrees to make payment in accordance with the terms of the Request for Proposals,Bid Forms 62 Packet Pg.377 C.15.c and addenda attached hereto and incorporated herein as Exhibit "A" and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit`B". E m 5. This Agreement and attachments hereto constitute the entire agreement between the parties hereto, and its CD provisions shall not be amended,except in writing,after formal approval by both parties. y 6. This Agreement will commence as provided for in XX-I9-XX unless Contractor is otherwise notified by the Town. Any extension to this Agreement shall be in writing. The Town Administrator is authorized to extend or terminate this Agreement on behalf of the Town.Insert contract term language here. 2 7. In addition to any other contractual indemnification provisions in Exhibit"A"or Exhibit`B"in favor of the 0. Town, Contractor hereby agrees to indemnify and hold the Town harmless from any and all claims, suits, actions, damages,causes of action, and attorney's fees, arising from any personal injury,loss of life,or damage to person or property sustained by reason of or as a result of the products or materials used or supplied in the performance of this p Agreement. c 0 LO r. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of co 12019. N r9 LO CD co CD CD cv CL m CJ c r. 63 Packet Pg.378 C.15.d PRE re Reco,very USA F€re&EMS Billing Solutions April 26, 2021 Monroe County Fire Rescue Attn: RL Colina, Fire Marshal 490 63rd St Ocean Marathon, FL 33050 0 To Whom It May Concern, We at Fire Recovery USA are authorizing Monroe County Fire Rescue to utilize the cooperative purchase language contained in the contract (RFP#JA-19-74 ) that was o awarded by to the Town of Davie. This contract is for inspection billing services. The 0) original contract commenced on December 4t", 2019 for an initial 3 year term expiring on December 3rd, 2022 with the option to extend for an additional 2 years. y 0 Please recognize this letter as Fire Recovery USA's approval to utilize the same contract terms as awarded to the Town of Davie. o 0 If you should have any questions, comments, or concerns, regarding the attached RFP or any of our services please feel free to contact me directly at 916.297.0205, or via email at J.Powell@firerecoveryusa.com. Sincerely, 0 Zd 0 Justin Powell VP — Director of Sales j.powell@firerecoveryusa.com CL 0 0 0 0 www.firerecoveryusa.com 2271 Lava Ridge Court,Suite 120 Phone 888-640-7222 Roseville,CA 95661 Fax 916-290-0542 Packet Pg.379 C.15.e 2018 Edition MONROE COUNTY;FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified is the ounty's Schedule of Insurance Requirernents,be waived or modified can the following contract, � ontrsctor,+`V'endor: Fire Recovery USA,LLCM 0 Project or Service: Fire Inspection Billin Services ContructorNendor Address&Phone it: 2271 Lave Ride Court,Strife 120 Roseville, CA 95661 S S 640 7222 General Scope of Work: Fire Recovery USA will be vrovidin billing services for q� dire code relatedinspections for the Monroe Ike tirtrntant• __,�.�w_... Reason for Waiver or We are re uestin waiver of the ernplo ee dishonest insurance i) Modification: � o�li on y ur �7�ias access to i�c�s ari `tl ey F is4cc�vered � Ile tiapa `s_D O insurance and is exempt from Employee htnes�► d ' ' all nies,aie,hbnl oc (3 tJ re it Car rt9CeSStn Cons an1eS n not in iVill ua s Policies Waiver or within Fire Recovery USA Modification will apply to: mm Employee Dishonesty Insurance Signature of CoutractorlVendor: hv�t lC Date; Approved m 1 of approved Disk Management Signature .Y.,...M [date: > County Administrator appeal: Approved: _._W.. Not Approved- Board of County Commissioners appeal: Approved,: Not Approved Meeting;Date: - 0 Administrative tnmctioa 75003 104 Packet Pg.380