Item C06 C.6
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: C.6
Agenda Item Summary #10135
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
N/A
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Construction
Auditing Services. The purpose is to provide contract and pay application auditing for complex and
costly projects. The auditing costs will be included in the associated project.
ITEM BACKGROUND:
In any given year, the County has several million dollars in construction projects underway. Many
of these are funded with state and federal grants, government loans, and infrastructure surtax funds
in addition to other sources. These services will be used to assist Monroe County in ensuring that
public funds are used according to agreements and contracts. The cost of these services will be
covered by the project they are associated with.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RFP Construction Auditing Services v.2
FINANCIAL IMPACT:
Effective Date: 1/21/2022
Expiration Date: TBD
Total Dollar Value of Contract: Advertising cost less than $200.00
Total Cost to County: $200.00
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Current Year Portion: $200.00
Budgeted: Yes
Source of Funds: 22004
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
Advertising costs
REVIEWED BY:
Cary Knight Completed 01/29/2022 7:03 PM
Kevin Wilson Completed 01/31/2022 4:11 PM
Cynthia Hall Completed 01/31/2022 4:58 PM
Purchasing Completed 01/31/2022 5:01 PM
Budget and Finance Completed 02/01/2022 8:55 AM
Maria Slavik Completed 02/01/2022 11:15 AM
Liz Yongue Completed 02/01/2022 2:00 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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C.6.a
REQUEST FOR PROPOSALS FOR
CONSTRUCTION AUDITING SERVICES
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1 2
Commissioner Michelle Coldiron, District 2
Vacant, District 3
Commissioner Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi, Jr. Kevin Madok
, 2022
PREPARED BY:
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Monroe County Project Management
Cary Knight, Director
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
TABLE OF CONTENTS
Subject Paue
Table of Contents 2
Notice of Request for Competitive Solicitations 3
Part 1: 3
Project and Solicitation Background, Terms and Conditions, 4
Instructions to Respondents, Selection Process
Part 2: Scope of Services c
Part 3: Required Response Forms
Part 4: Draft Agreement
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on , 2022, at 3:00 P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the following:
CONSTRUCTION AUDITING SERVICES
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Check the email and zoom information below
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NOTICE IS HEREBY GIVEN that on 2022, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
CONSTRUCTION AUDITING SERVICES >
Pursuant to F.S. §50.0211(3)(a),all published competitive solicitation notices can be viewed at: www.floridat�ubhcnotices.com
a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be
requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountibids.com. The Public Record is 0
available upon request. 0.
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In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for N
reviewing and opening sealed bids. Monroe County is committed to continuing to receive and process competitive >
solicitations while maintaining the health and safety of our employees and those who attend bid openings. Please do not 0)
mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be 2
accepted.
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The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OM13-
BIT�S�amonroecounty-11,�ov,no later than 3:00 P.M.on 2022. Please submit your confidential financial
information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must
read as follows:
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REQUEST FOR PROPOSALS FOR CONSTRUCTION AUDITING SERVICES [BID OPENING DATE] 2
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that U
will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the
file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMB® n-
BII1S(cL onroecounty-fl. ov, in advance of the bid opening, please email: o b-r urchasin (c onroecount�®
flm ov so accommodations for delivery of your bid can be made prior to the bid opening. Please be advised
that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to
address or confirm your bid submission delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually,via the internet,at 3:00 P.M.,on ,
2022. You may call in by phone or internet using the following:
Join Zoom Meeting
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
httpsal cbocc.zoo .g /i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen:
Keys Weekly:
News Barometer:
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
PART 1
SOLICITATION PURPOSE, TERMS AND CONDITIONS, INSTRUCTIONS TO
RESPONDENTS, SELECTION PROCESS
1-1. GENERAL INFORMATION )
In any given year, the County spends millions in construction projects each year. Many of
these are funded with state and federal grants, government loans, and infrastructure surtax funds
in addition to other sources.
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The Board of County Commissioners of Monroe County, Florida, (hereinafter "County" 2
or "Owner") wishes to receive proposals for Construction Auditing Services, for construction
projects ("Projects")with a minimum budget of$500,000. Some construction projects will exceed c
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$20 million.
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The Scope of Services for this Request for Proposals ("RFP") is described in Part 2, Scope
of Services. The County reserves the right to award contracts to multiple vendors to ensure
availability of resources while reducing the chances of conflict of interest. Contracts will be
awarded for an initial term of two (2) years, with an option for the parties to renew for additional
terms of two (2)years each subject to successful re-negotiation of prices. Work will be assigned 0
to vendors for individual Projects (e.g., the "Key West Beach Project" or the "County Road ABC
Project")through the issuance of a task order on a project-by-project basis.
Monroe County is a non-charter county and a political subdivision of the State of Florida.
The fiscal year runs from October 1 to September 30. Pursuant to the Florida Constitution, the
Clerk of Courts serves as the County's comptroller. The county is a unit of local government that
therefore follows Generally Accepted Accounting Principles ("GAAP") as promulgated by the
Governmental Accounting Standards Board("GASB"). The County's financial records are audited
annually by an external auditor,and the Clerk also provides an internal audit function. The services U,
desired under this RFP are in addition to the auditing services provided by the Clerk, not instead
of those services.
1-2. COPIES OF RFP DOCUMENTS
Respondents may obtain complete sets of the RFP Documents from DemandStar by Onvia 2
at www.demandstar.com or www.monroecountybids.com, or call toll-free at 1-800-711-1712.
Respondents shall use complete sets of RFP Documents in preparing Responses. Neither the U
Owner nor County Project Management,nor their agents, assumes any responsibility for errors or u_
misinterpretations resulting from the use of incomplete sets of RFP Documents.
1-3. EXAMINATION OF DOCUMENTS; INTERPRETATION, CLARIFICATION
AND CORRECTION OF DOCUMENTS; ADDENDA
Before submitting a Response each Respondent must carefully examine the RFP
documents, and be informed thoroughly regarding any and all conditions and requirements that
may in any manner affect cost, progress, or performance of the work to be performed. Ignorance
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REQUEST FOR PROPOSALS:
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of the Respondent does not relieve him/her of the obligations and responsibilities assumed under
this solicitation and the contract.
Respondents shall promptly notify County Project Management in writing of any
discrepancies, ambiguity, inconsistency, omission or error that they discover upon examination of �
the solicitation documents. Notification should be sent to: Thompson-StanLmonroecounty- v)
Respondents and Sub-Respondents requiring clarification or interpretation shall submit <
their questions in writing to Project Management no later than ten (10) business days prior to the r_
date for receipt of Responses, to the following address: Thompson-StanLmonroecounty-fl.gov.
Telephone calls and any other form of oral communication will not receive a response.
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Any answer, interpretation, correction or change of the solicitation documents will be made
by publishing an addendum or addenda. Copies of Addenda will be made available for inspection 0
at DemandStar by Onvia at hqp://www.demandstar.com or http://www.monroecountybids.com or CLp://www.
toll-free at 1-800-711-1712. Interpretations, corrections, or changes of the solicitation
documents made in any other manner will not be binding. If an Addendum is issued, it will be
issued on the schedule shown in this RFP.
Each Respondent shall ascertain prior to submitting his Response that he/she has received e
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all Addenda issued, and he/she shall acknowledge their receipt in his/her Response. However in
case any Respondent fails to acknowledge receipt of such Addenda, his/her Response will 2
nevertheless be construed as if it had been received and acknowledged, and the submission of the
Response will constitute acknowledgement of receipt of the Addenda and will be bound by such
Addenda. It is the responsibility of each Respondent to verify that he/she has received all Addenda >
issued before Responses are opened. No Addenda will be issued later than five (5)business days
prior to the date for receipt of Responses except for an Addendum withdrawing the request for
Responses or one which includes postponement of the date for receipt of Responses. i)
Submission of a Response constitutes representation by the Respondent that he/she has
complied with all requirements of the solicitation and that the solicitation documents are sufficient
in scope and detail to indicate and convey understanding of all terms and conditions for
performance of the Work.
Submissions must include an Insurance Agent Statement and a completed Insurance
Checklist (part of Section Three) as well as all other forms and requirements as called for in the U
RFP. Failure to include all necessary forms and licenses will likely result in a non-responsive U_
submission and disqualification.
Except as stated above, Respondents shall not contact or lobby any County personnel or
communicate directly with or attempt to contact the County during the solicitation and response
preparation process or ranking process in any way related to or involved with this RFP. Any C
Respondent doing so will be disqualified.
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REQUEST FOR PROPOSALS:
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The cost of preparation of any response will completely be borne by the Respondent.
1-4. SUBMISSION OF RESPONSES
Interested firms are requested to indicate their interest by submitting an electronic proposal
to the County at the email address listed in the Notice section of this RFP.
All submissions must remain valid for a period of one hundred eighty (180) days from the
date of the deadline for submission stated above. The County will automatically reject the
Response of any person or affiliate who appears on the convicted vendor list prepared by the
Department of Management Services, State of Florida,under Sec. 287.133(3)(d), Florida Statutes.
Monroe County declares that all or portions of the documents and work papers and other forms of 2
deliverables pursuant to this request shall be subject to reuse by the County.
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When staff has agreed with the person/firm upon a mutually satisfactory contract, the
contract will be brought before the County Commission for final approval. No binding contract is CL
created between any person/firm and the County until such time as a contract is approved by the
County Commission. y
Monroe County's performance and obligation to pay under a contract is contingent upon
receipt of funds from each of the municipalities contracting with the county for the work. 0
1-5. RESPONSE REQUIREMENTS AND CONTENTS OF RESPONSE SUBMISSION
Responses shall be organized as indicated below. The Respondent should not withhold >
any information from the written response in anticipation of presenting the information orally or
in a demonstration, since oral presentations or demonstrations may not be solicited. Each
Respondent must submit adequate documentation to certify the Respondent's compliance with the U)
County's requirements. Respondents should focus specifically on the information requested.
Additional information, unless specifically relevant, may distract rather than add to the
Respondent's overall evaluation. Financial information,as described below,may be submitted
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in a separate email marked "Confidential".
The following information, at a minimum, must be included in the Submittal: 2
A. Cover Pate
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A cover page that states "Request for Proposals -- Construction Auditing Services." The
cover page shall list the Respondent's name, address, telephone number, appropriate business
email address, and the name of the Respondent's contact person.
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B. Tabbed Sections
TAB 1. Firm Overview.
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a. Provide a statement of interest including a narrative describing the firm's qualifications and
availability.
b. Provide a brief history of the firm, including legal status and length of time the proposer
has provided construction auditing services. If the Proposer is a corporation, limited .2
partnership, limited liability company, or other formally organized business entity,indicate W
the state is in which the entity is chartered and the Proposer's principal place of business.
c. Address the "Specific Qualifications" and ability to perform the "Scope of Services" in the
specific area of expertise.
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TAB 2. Personnel.
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a. Identify key personnel who will represent the firm and who will be assigned to deliver 0
services under any awarded contract. Articulate their respective roles and time
commitments to this project. 4-
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b. For each person, provide a resume to demonstrate relevant experience to fulfill
requirements under an agreement. Preference will be given to individuals who demonstrate T)
industry certifications as Construction Auditors, Internal Auditors, Fraud Examiners,
Professional Engineers or Registered Architects (or some combination)in conjunction with
relevant construction audit experience. c
c. Provide copies of certifications for all key personnel, as applicable.
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d. All personnel must be appropriately licensed in the state in which the services will be
performed. --
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TAB 3. Experience.
a. Provide at least five (5) examples of relevant prior project undertaken by the firm that best
demonstrate the firm's capacity and expertise to provide the requested services. Each
example should identify key personnel who worked on the referenced project. Examples
that involve services for local government entities,particularly within the State of Florida, <
and that demonstrate knowledge and understanding of relevant Florida statutes and relevant r-
federal statutes and regulations (particularly the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards in 2 C.F.R. part 200) as 2
applied to public construction projects are preferred. For each project used as an example,
provide the following information: U
a.
i. Project name, location, and description.
ii. Name of client and contact information for primary contact person.
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iii. Final construction cost, including change orders.
iv. Actual start and finish dates for the construction audit. Also,provide the date when
the construction reached substantial completion or actual completion.
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b. Describe at least three (3) examples of successful long-term relationships with
governmental clients.
TAB 4. References.
The Respondent shall provide at least five (5)written references and the name and current )
contact information for a client for which the Respondent has provided the same or similar services
during the past three (3) years. At least two (2) of the references must be from a state or local
government entity. Each reference shall include,at a minimum,the information listed above. Each
reference must be verifiable. If a reference is not verifiable the Respondent may be disqualified. 0
For each reference, provide:
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a. Project Name
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b. Reference name, title, company name
c. Reference telephone number and email address (required)
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TAB 5. Price Proposal.
a. Please propose a comprehensive hourly rate for each type of staff person who would be 0
used on a project. For each person or category of persons, identify the job titles, primary
area of job responsibility, and hourly rate. 0
b. In addition to the above, please provide the firm's proposal as an all-inclusive firm fixed
price for the following hypothetical project. No separate prices shall be allowed for any >
additional costs, including but not limited to,per diems, travel, etc.
Monroe County Hypothetical Building Project:
Budget: $15 million
Construction Start Date: April 2022
Construction End Date: April 2023 (Substantial Completion)
Location: Grassy Key, Florida
Description: This project is being done in two phases: first, the demolition of an existing 2
5,400 square foot building; second, the construction of a 9,000 square foot building. The
building will contain offices for the Fleet Management and Facilities Maintenance is
departments. In addition,there will be an adjoining 2,000 square foot building with 3 bays U_
for fleet maintenance vehicle work and storage space for public works vehicles and
equipment.
TAB 6. Financial Information and Litigation
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Pursuant to Monroe County Code Section 2-347(h), the Respondent must provide the following
information:
(1) A list of the person's or entity's shareholders with five percent(5%) or more of the stock
or, if a general partnership, a list of the general partners; or, if a limited liability company,
a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); v)
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number 0
of years it has been providing the services requested in this RFP;
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(4) The number of years the person or entity has operated under its present name and any r-
prior names;
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(5) Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods
for which it has contracted? (If yes, provide details of the job, including
where the job was located and the name of the owner.)
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YES NO
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b. Are there any judgments, claims, arbitration proceeding or suits pending or <
outstanding against the person, principal of the entity, or entity, or its
officers, directors, or general partners (this specifically includes any present
or prior entities in which the person, principal, entity, officer, director or
general partner of the proposing entity has been involved as a person,
principal, entity, officer, director or general partner in the last five (5) v)
years)? (If yes, provide details, include enough information about the
judgment, claim, arbitration or suit so that the County will able to obtain a
copy of the judgment or claim or locate the suit by location and case �t
number.)
YES NO ❑
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C. Has the person, principal of the entity, entity, or its officers, major CL
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shareholders or directors within the last five (5)years, been a party to any
law suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal,
entity, officer, director or general partner in the last five (5) years. (If yes,
provide details, include enough information about the judgment, claim,
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arbitration or suit so that the County will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NO
d. Has the person, principal of the entity, or its officers, owners, partners
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services? This specifically includes <
any present or prior entities in which the person, principal, entity, officer, r-
director or general partner of the proposing entity has been involved as a
person,principal, entity, officer, director or general partner. (If yes,provide
details, include enough information about the judgment, claim, arbitration 0
or suit so that the County will able to obtain a copy of the judgment or claim
or locate the suit by location and case number.) 4-
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YES NO ❑ y
e. Whether, within the last five (5) years, the owner, an officer, general
partner, controlling shareholder or major creditor of the person or entity was 0
an officer, general partner, controlling shareholder or major creditor of any ru
other entity that failed to perform services or furnish goods similar to those
sought in this RFP. (If yes,provide details and information about the failure
to perform services or furnish goods that will enable the County to
thoroughly consider the matter.)
YES NO
f. Customer references (minimum of three), including name, current address
and current telephone number.
g. Credit references (minimum of three), including name, current address and
telephone number. 2
h. Financial statements for the prior three (3) years. Please provide these
financial statements in an email in accordance with the instructions at the c
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beginning of this RFP and marked "CONFIDENTIAL" one (1) original CL
copy.
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from § 119.07(1)Fla. Stat.
and §24(a), Art. 1 of the State Constitution.")
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REQUEST FOR PROPOSALS:
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i. Any financial information requested by the County department involved in
the competitive solicitation, related to the financial qualifications,
technical competence, the ability to satisfactorily perform within the
contract time constraints, or other information the department deems
necessary to enable the department and Board of County Commissioners
to determine if the person responding is responsible. Under this section v)
the vendor shall supply the following information:
TAB 7. Required County Forms and Licenses.
Respondent shall complete and execute the forms in this RFP specified below and shall
include them in the appropriate tabbed section. Failure to provide executed documents may result
in Respondent being determined to be non-responsive to the RFP and disqualified from
consideration.
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Form
Submission Response Form Ln
Applicant Acknowledgment Form
Lobbying and Conflict of Interest Form
Non-Collusion Affidavit c
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Drug-Free Workplace Form >
Respondent's Insurance and Indemnification Statement 2
Acknowledgment of Addenda Form
Completed Attachments G and H or some substantially similar form with
equivalent information provided >
Respondent will produce evidence of proper licensing to perform the services described
herein. Copies of all professional and occupational licenses shall be included in this section.
1.10 GOVERNING LAWS,REGULATIONS AND STANDARDS
Each Respondent, before submitting the Response, shall familiarize itself with all Federal,
State, and local laws, ordinances,permit fees, impact fees, rules and regulations that may apply to 2
the Project Work or that may in any manner affect the cost,progress, or performance of the Work.
Knowledge of all license requirements and obtaining such licenses for Monroe County and v,
municipalities and any other agencies within the State and Monroe County are the responsibility 0
of the Respondent. c.
1-11. MODIFICATION OF RESPONSES
Written modifications will be accepted from Proposers if addressed to the entity and
address indicated in the Notice of Request for Competitive Solicitation and received prior to
Proposal due date and time. Modifications must be submitted the email address indicated in the
Notice, clearly marked with the Proposers name and "Modification to Proposal — Construction
Auditing Services [ date ] " in the subject line.
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1-12. RESPONSIBILITY FOR RESPONSE; RECEIPT AND OPENING OF
RESPONSES
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County. w
Responses will be received until the designated time and will be publicly opened.
Respondents' names shall be read aloud at the appointed time and place stated in the Notice of
Request for Proposals. Monroe County's representative authorized to open the responses will
decide when the specified time has arrived, and no responses received thereafter will be 2
considered. No responsibility will be attached to anyone for the premature opening of a response 2
not properly addressed and identified. Respondents and their authorized agents may be present.
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The County reserves the right to reject any and all responses and to waive technical error
and irregularities as may be deemed best for the interests of the County. Responses that contain 0.
modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the Instruction
to Proposer, may be rejected at the option of the County.
1-13. SELECTION PROCESS; SELECTION CRITERIA AND DETERMINATION OF
SUCCESSFUL RESPONDENT AND NEGOTIATION >
The County shall designate a Selection Committee. The Selection Committee will consist
of at least three (3) voting members. Effective upon the release of this RFP, any attempt by any t
responder to influence any member of the selection committee, or any Commissioner of the
Monroe County BOCC, or any employee of Monroe County, with regard to this selection outside
the prescribed selection process will disqualify such a responder from doing business with the
Monroe County BOCC under this RFP.
Following the receipt of responses,the Selection Committee will meet in a publicly noticed
meeting, evaluate the responses based on the criteria and point total below, and rank the
respondents in order (highest to lowest). The County reserves the right to reject any and all �t
responses and to waive technical errors and irregularities as may be deemed in the best interests of
the County. Responses that contain modifications, are incomplete, unbalanced, conditional,
obscure, or that contain additions not requested or irregularities of any kind, or that do not comply
in every respect with the instructions to Respondents and the contract documents, may be rejected 0
at the option of the County.
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The evaluation of the Respondents will be based upon the given information, and
Respondents are requested to provide, as a minimum, the information listed under each criterion.
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Failure to provide adequate information on any criterion may result in rejection of the Response
as non-responsive.
If the committee feels that a formal interview process is necessary to obtain more
information needed to complete the ranking,formal interviews of up to the three(3)highest ranked
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firms will be conducted. After such time, if interviews are conducted, the interviews will be
separately scored and ranked. The top three firms' final points total will consist of their Response
and their interview. At the conclusion of the ranking the committee will make a recommendation
which will be submitted to the Monroe County BOCC for approval. Respondents should not rely
on an expectation that interviews will be held and should include all information that they wish to
be considered as a part of their formal response. v)
Monroe County BOCC will select the firm that meets the best interests of the County. The
County shall be the sole judge of its own best interests,the Responses, and the resulting agreement.
The County's decisions will be final. 0
Each TAB section will be given points used to score and evaluate firms and individuals.
Assignment of points will take into account factors such as quality/completeness of information, r_
recentness and similarity of experience,verifiability,proximity,financial stability,etc. The scoring
criteria point structure is as follows: 0
a.
SCORING CRITERIA MAXIMUM POINTS
Tab Points
1 Firm Overview 10 c
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2 Personnel 15 >
3 Experience 20
4 References 15 W
5 Price Proposal 30 ry
6 Financial 10 y
7 Forms 0
Total 100
Interviews of Respondents (if deemed necessary by County) will have a separate and
additional maximum twenty (20) points possible. In the event interviews are conducted of
up to the top three (3) ranked Respondents then the total maximum points possible will be c
120.
Note that a Response may be rejected as non-conforming, non-responsive or the Respondent may c
U
be deemed not responsible in which case the amount of points will become irrelevant to the final CL
selection. Tab 7 does not have a point value; however, failing to include the required forms shall
be grounds for rejection of the Response. In addition to the points as set out above,the evaluation
of Responses shall include, but not be limited to, the criteria set forth in this RFP. E
1-14. TENTATIVE SCHEDULE
RFP—Construction Auditing Services Page 14 of 59
Packet Pg.310
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
The following is a tentative calendar of event dates. The County reserves the right to change the
dates or events, if necessary.
Task Name Deadline
RFP published and advertised
Deadline for questions and written requests for
clarification
Last day to publish addendum, if necessary
Deadline for submission of proposals
Additional interviews, if needed
BOCC approval of agreement
2
0
0
1-15. MANDATORY INSURANCE REQUIREMENTS CL
The Respondent shall be responsible for all necessary and proper warranties and insurance
coverage as laid out in in the insurance requirements within Section Three, forms.
Respondents must submit proof of insurance coverages and letters of intent, and >
certificates from carriers to meet all insurance requirements. Policies shall be written by
companies licensed to do business in the State of Florida and having an agent for service of process
76
in the State of Florida. Companies shall have an A.M. Best rating of VI or better.
0
Prior to the commencement of work governed by the contract(including the pre-staging of
personnel and material), the vendor must obtain, at his/her own expense, insurance as specified
below, which are made part of this contract. The vendor will ensure that the insurance obtained >
will extend protection to all Sub-Contractors engaged by the vendor. As an alternative,the vendor
shall require all Sub-contractors to obtain insurance consistent with the attached schedules. The
vendor will not be permitted to commence work governed by the contract until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The vendor shall provide certificates of insurance showing all of the coverages within ten
(10) days of notification that the vendor has been awarded the contract. Failure to provide the
appropriate certificates within that time frame may result in the vendor being disqualified from the
work. The vendor shall maintain the required insurance throughout the entire term of the contract
and any extensions specified in any attached schedules and shall provide new certificates whenever
a policy lapses or is renewed. Failure to comply with this provision may result in the immediate U
suspension of all work until the required insurance has been reinstated or replaced. The vendor is CL
responsible for all deductibles and self-insured retentions that may be contained in the Insurance
policies. The vendor shall provide, to the County, as satisfactory evidence of the required
insurance, either: E
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
RFP—Construction Auditing Services Page 15 of 59
Packet Pg.311
C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
The County,at its sole option,has the right to request a certified copy of any or all insurance
policies required by this contract. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
The acceptance and/or approval of the vendor's insurance will not be construed as relieving the )
vendor from any liability or obligation assumed under this contract or imposed by law.
1-16. INDEMNIFICATION, HOLD HARMLESS AND DEFENSES
The successful Respondent shall defend, indemnify and hold the County and the County's 2
elected and appointed officers and employees harmless from and against(i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other c
U
proceedings relating to any type of injury (including death), loss, damage,fine,penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, 0.
or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
Respondent or any of its employees, agents, contractors or other invitees during the term the
Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or
omissions, or other wrongful act or omission of Respondent or any of its employees, agents, sub-
contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that 0
it undertakes under the terms the Agreement, except to the extent the claims, actions, causes of ru
action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts
or omissions of the County or any of its employees, agents, contractors or invitees (other than
Respondent). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of the Agreement, this
provision will survive the expiration of the term of the Agreement or any earlier termination of the
Agreement.
In the event that the completion of the project(to include the work of others) is delayed or
suspended as a result of the Respondent's failure to purchase or maintain the required insurance,
the Respondent shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Respondent, the Respondent agrees and c
warrants that the Respondent shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf v,
0
1-17. AWARD OF CONTRACT CL
The County anticipates entering into a Contract Agreement with the Respondent who
submits the Response judged by the County to be most advantageous. The Respondent understands
that this RFP does not constitute an offer or an Agreement between the County and the Respondent. E
An offer or Agreement will not be deemed to exist and is not binding until Responses are reviewed,
accepted by appointed staff, the best Response has been identified, approved by the appropriate
level of authority within the County and executed by all parties. Any Response may be withdrawn
until the date and time set above for the submission of the Responses. Any Response not so
withdrawn shall constitute an irrevocable offer for a period of six (6) months to provide to the
RFP—Construction Auditing Services Page 16 of 59
Packet Pg.312
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
County the services set forth in this RFP. The County reserves the right to reject all Responses, to
abandon the project and/or to solicit and re-advertise for other Responses.
The County reserves the right to waive any informality in any Response, or to re-advertise
for all or part of the work contemplated. If Responses are found to be acceptable by the County,
written notice will be given to the selected Respondent of the award of the contract. If the award v)
of a contract is annulled, the County may award the contract to another Respondent, or the work
may be re-advertised or may be performed by other qualified personnel as the County decides. The
County also reserves the right to reject the Response of a Respondent who has previously failed to <
perform properly or to complete contracts of a similar nature on time. r-
1-18. NO SELLING, TRANSFERRING OR ASSIGNING CONTRACT
0
No contract awarded for the services in this Response may be sold,transferred, or assigned
without the prior written approval of the Monroe County BOCC. 0
0.
1-19. TERMINATION
Ln
r-
Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. COUNTY may terminate this Agreement with or
without cause upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay
CONSULTANT for work performed through the date of termination. >
2
1-20. OWNERSHIP OF DOCUMENTS
It is understood and agreed that all documents, including detail reports, plans, original
tracings, specifications, and all data prepared or obtained by the successful Respondent in
connection with its services hereunder, including all documents bearing the professional seal of
the successful Respondent, shall be delivered to and become the property of the County, prior to
final payment to the successful Respondent at the termination of the agreement. U),
1-21. PUBLIC RECORDS COMPLIANCE.
The vendor must comply with Florida public records laws, including but not limited to
Chapter 119,Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County
and vendor shall allow and permit reasonable access to, and inspection of, all documents, records 2
papers, letters or other "public record" materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County and vendor U
in conjunction with this contract and related to contract performance. The County shall have the ,--
right to unilaterally cancel this contract upon violation of this provision by the vendor. Failure of
the vendor to abide by the terms of this provision shall be deemed a material breach of this contract
and the County may enforce the terms of this provision in the form of a court proceeding and shall, E
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.
RFP—Construction Auditing Services Page 17 of 59
Packet Pg.313
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
The vendor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the vendor is required to:
(1) Keep and maintain public records that would be required by the County to perform the )
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the <
requested records or allow the records to be inspected or copied within a reasonable time at a cost r-
that does not exceed the cost provided in this chapter or as otherwise provided by law.
2
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the vendor does not transfer the records 0
to the County. u-
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the vendor or keep and maintain public records that would be required by the County
to perform the service. If the vendor transfers all public records to the County upon completion of
the contract, the vendor shall destroy any duplicate public records that are exempt or confidential c
0
and exempt from public records disclosure requirements. If the vendor keeps and maintains public >
records upon completion of the contract, the vendor shall meet all applicable requirements for 2
retaining public records. All records stored electronically must be provided to the County, upon
request from the County's custodian of records,in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall U)
immediately notify the vendor of the request, and the vendor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
If the vendor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the vendor.
A vendor who fails to provide the public records to the County or pursuant to a valid public records r-
request within areasonable time may be subjectto penalties under Section 119.10,Florida Statutes. U
c.
The vendor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE vendor HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
RFP—Construction Auditing Services Page 18 of 59
Packet Pg.314
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12TH Street,
SUITE 408, KEY WEST, FL 33040.
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RFP—Construction Auditing Services Page 19 of 59
Packet Pg.315
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
PART 2
2-1. SCOPE OF SERVICES
A. Monroe County seeks responses from qualified firms demonstrating successful
experiences in providing public sector construction contract audit services. These services
will be used to assist Monroe County in ensuring that public funds are used according to
agreements and contracts.
�t
Monroe County is seeking construction audit services for capital improvement projects
supervised by Project Management in which the budget for construction services for the
project exceeds $500,000. 2
0
The Scope of Services identified below does not delineate every detail and minor work
task required to be performed. Any and all additions, substitutions or changes must be 0
discussed with the County prior to implementation. CL
The goals of the audits are: cost management, risk identification and management, Ln
financial control, identification and minimization of overcharges on projects; reduction of
litigation costs through better project control and information.
0
This engagement may include all facets of the construction process, commencing with >
solicitation of contractor bids or proposals through project closeout, including compliance 2
with the requirements of grants awarded for the funding of the project.
e(
All services required under this RFP can be performed remotely. Therefore, the price >
proposals offered in response to this RFP should not request reimbursement for travel or
per diems.
B. Construction Contract Documentation Audits:
The auditing services shall consist of the following procedures during the review of
construction documentation:
c
1. Review all construction contracts during negotiation period to provide guidance. 2
2. Obtain contract documents between the contractor or Construction Manager at Risk is
(vendor) (collectively, CM) and the County. Note items of financial significance U_
including provisions related to job cost, fee arrangements, bonds, labor, materials,
insurance, and any special requirements in grant agreements.
E
3. Ask if there are any related party transactions; if so, investigate conflicts of interest.
Obtain and review all sub-contractor contracts and document costs.
RFP—Construction Auditing Services Page 20 of 59
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C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
4. Review construction management fees and general conditions for conformity to
contract documents.
5. Review and test general conditions labor for accuracy of base salary, labor burden
and personnel appropriateness to the project.
v)
6. Review contingency usage for proper authorization and resolution of final balances.
7. For each project assigned, provide monthly progress reports to the County
indicating the status of each project and any issues pertaining to the project. 0
C. Contract compliance Audits:
The auditing services shall consist of the following procedures during the review of the
0.
construction phase:
1. Test and monitor controls per the base contract and applicable amendments.
2. Review and assist with processing payment applications (usually monthly),
including:
i. Labor hours,wages and/or stipulated rates charged to the project(including >
comparison to required Davis/Bacon rates where applicable); 2
ii. Labor burden costs including benefits, unemployment, workers'
compensation and other elements charged to the project;
iii. Profit and overhead rates charged to the project;
iv. Accounting systems used (e.g., payroll audits, rates, cost segregation, �
overhead); v)
v. Materials and equipment cost, including use of direct purchase where
applicable;
vi. Procurement of subcontractors;
vii. Subcontractors' costs charged to project;
2
viii. Contingency usage;
ix. Change orders;
U_
x. Contractor-owned equipment rentals/small tools and other construction
costs;
xi. Costs of insurance, including general insurance, commercial auto liability,
builder's risk, and other types of insurance
�t
xii. Presence of adequate bonds and bond expenses
xiii. Home office overhead costs
RFP—Construction Auditing Services Page 21 of 59
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C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
xiv. Fees and markups of any kind
xv. Permit expenses
xvi. Verification of proper sales and use tax charges
xvii. Allowable and unallowable cost reviews
xviii. In general, compliance with grant requirements
xix. Project closeout
3. Provide overall verification of costs.
c
4. Test for contract compliance.
2
5. Identify potential overcharges and recommend action to the Owner.
0
6. Recommend control improvements as necessary during the audit process.
0
7. Respondent shall provide a report of findings for each project upon completion. 0.
U_
8. Review the Certificate of Substantial Completion and the Certificate of Final
Inspection signed by the Architect to verify the project was completed in Ln
accordance with the contract and determine whether Liquidated Damages are
chargeable.
0
9. Obtain evidence of Purchase Order reconciliation to ensure that final contract value
was accurate and reflected final pre-attestation adjustments. 2
10. For Construction Manager at Risk projects, -calculate the Guaranteed Maximum
Price (GMP) and actual costs of construction using the CM records. >
11. Review the County's practices for compliance with the Florida Local Government
Prompt Payment Act.
D. Respondent may be asked to assist the County regarding instances of disagreement
pertaining to funds owed to the County by the CM based on cost calculations. 0
2
E. Audits shall be performed in accordance with generally accepted auditing standards.
0
F. Audits shall be completed no later than ninety (90) days after receipt of certificate of
a.
occupancy at the project location. Should the firm encounter any delay that could
jeopardize the completion date, the firm shall communicate with the County contact
person.
G. The firm should keep the County abreast of new and upcoming accounting standards or
practices that directly affect the County's construction audit projects as well as trends in
the construction industry.
RFP—Construction Auditing Services Page 22 of 59
Packet Pg.318
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
[Remainder of Page Left Blank]
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RFP—Construction Auditing Services Page 23 of 59
Packet Pg.319
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
PART
REQUIRED RESPONSE FORMS
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RFP—Construction Auditing Services Page 24 of 59
Packet Pg.320
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
SUBMISSION RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
RESPONSE FROM:
c
I have included:
2
o The Submission Response Form
o Applicant Acknowledgment Form
o Lobbying and Conflict of Interest Clause
o Non-Collusion Affidavit u'
o Drug Free Workplace Form y
o Respondent's Insurance and Indemnification Statement
including Insurance Agent's Statement >
o Public Entity Crime Statement Form 0
o Acknowledgment of Addenda Form
o Completed Attachments G and H or some substantially
similar form with the equivalent information provided.
e(
cv
Mailing Address: Telephone: y
Fax:
Date:
Email:
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Signed: Witness:
(Witness signature)
0
(Witness printed name)
(Print Name)
(Title)
e(
RFP—Construction Auditing Services Page 25 of 59
Packet Pg.321
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
MONROE COUNTY BOCC APPLICANT ACKNOWLEDGEMENT:
The undersigned certifies that he/she is a principal or officer of the firm applying for consideration
and is authorized to make this acknowledgement and certifications as well as submit solicitation
proposals, bids, and responses on behalf of or as the applicant.
v)
Signature of Authorized Representative
c
Title Company Name
Printed Name
c
0
0.
Date
STATE OF )
SS: >
COUNTY OF )
0
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State >
aforesaid and in the County aforesaid to take acknowledgments, personally appeared 2
to me known to be the person described or who has produced
as identification and who executed the foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2022.
c
NOTARY PUBLIC, STATE OF
My Commission Expires: 2
Commission No.
RFP—Construction Auditing Services Page 26 of 59
Packet Pg.322
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf c
any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach r-
or violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise 0
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the 0.
former County officer or employee". e�
0
(Signature)
2
Date:
N
STATE OF )
SS: 2
COUNTY OF ) )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person described or who has produced
as identification and who executed the foregoing instrument and he acknowledged before me that c
he executed the same. 2
0
U
WITNESS my hand and official seal in the County and State last aforesaid this 0.
day of , 2022.
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
RFP—Construction Auditing Services Page 27 of 59
Packet Pg.323
C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
l. I am )
of the firm of
the bidder making the Response for the project described in the Request for Qualifications for:
and I executed the said Response with full authority to do so:
0
2. The prices in this bid have been arrived at independently without collusion, 0
consultation, communication, or agreement for the purpose of restricting competition, as to any 0.
matter relating to such prices with any other bidder or with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid have T
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor;
4. No attempt has been made or will be made b the bidder to induce any other person, 0
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting 76
competition; and 2
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this affidavit
in awarding contracts for said project. >
(Signature of Respondent) (Date)
STATE OF )
SS:
COUNTY OF )
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared to C
0
me known to be the person described or who has produced as identification and who
CL
executed the foregoing instrument and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2022. E
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
RFP—Construction Auditing Services Page 28 of 59
Packet Pg.324
C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes, Sec. 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that �s
will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling,rehabilitation, and employee assistance 0
programs, and the penalties that may be imposed upon employees for drug abuse violations.
2
3. Gives each employee engaged in providing the commodities or contractual services that are under bid a
0
copy of the statement specified in subsection(1). U
0
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on CL
the commodities or contractual services that are under bid, the employee will abide by the terms of the W
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction. >
0
5. Imposes 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, for any employee who is so convicted.
0
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
cv
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature of Respondent) (Date)
STATE OF )
SS:
COUNTY OF )
2
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State v,
aforesaid and in the County aforesaid to take acknowledgments,personally appeared to me known 0
to be the person described or who has produced as identification and who executed the foregoing U
CL
instrument and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this E
day of 12022.
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
RFP—Construction Auditing Services Page 29 of 59
Packet Pg.325
C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
RESPONDENT'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory
Employers Liability $1,000,000 Bodily Injury by
Accident v)
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by
Disease, each employee 0
General Liability, including $4,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability 0
Personal Injury Liability u_
Business Automobile Liability $1,000,000 Combined Single Limit
(Owned, non-owned, hired vehicles)
Professional Liability $2,000,000 per Occurrence
$4,000,000 Aggregate
2
Builder's Risk: Required Limits equal to the full replacement
value of the completed structures
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, vendor shall defend, indemnify and hold the County and
the County's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine,penalty or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to,or sustained by, any indemnified party by reason of, or in connection with 2
(A) any activity of vendor or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct,
errors or other wrongful act or omission of vendor or any of its employees, agents, sub-contractors u_
or other invitees, or (C) vendor's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contractors or invitees (other than
vendor). The monetary limitation of liability under this contract shall be not less than $1 million C
per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
RFP—Construction Auditing Services Page 30 of 59
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C 6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the vendor's failure to purchase or maintain the required insurance, the
vendor shall indemnify the County from any and all increased expenses resulting from such delay. v)
Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the
plans and specifications provided by the vendor, the vendor agrees and warrants that the vendor
shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the County's behalf. 0
The first ten dollars($10.00)of remuneration paid to the vendor is for the indemnification provided
for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements 0
contained elsewhere in the Agreement. u-
RESPONDENT'S STATEMENT y
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. 0
76
2
Respondent Signature
cv
INSURANCE AGENT'S STATEMENT y
I have reviewed the above requirements with the bidder named above. The following deductibles apply to
the corresponding policy.
POLICY DEDUCTIBLES
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2
0
Liability policies are Occurrence Claims Made
Insurance Agency Signature <
Print Name:
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C.6.a
REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, U)
may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY C
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither 2
(Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months. The undersigned certifies that the Applicant has not been convicted of a
public entity crime within the past 36 months, as set forth in Section 287.133, Florida Statutes. 0
0.
(Signature)
Title
0
Printed Name
2
Company Name:
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Date:
STATE OF )
SS:
COUNTY OF )
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared to c
me known to be the person described or who has produced as identification and who
executed the foregoing instrument and he acknowledged before me that he executed the same. y
0
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WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2022.
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
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CONSTRUCTION AUDITING SERVICES:
ACKNOWLEDGMENT OF ADDENDUM
As the person authorized to sign the statement, I certify that this firm acknowledges any and all
addenda that may have been issued as part of this bid. All addenda are issued via
www.demandstar.com
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
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Date:
Applicant's Signature
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Applicant's Name
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Applicant's Title
Company Name
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2
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
Part 4, Draft Agreement
AGREEMENT FOR CONSTRUCTION AUDITING SERVICES
This Agreement ("Agreement") made and entered into this day of
2022 by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe
County Board of County Commissioners ("BOCC"), and
a corporation duly authorized to do business
within the State of Florida ("CONTRACTOR") (collectively, the "Parties'). y
0
WITNESSETH:
0.
WHEREAS, the COUNTY is in need of a firm to provide auditing services for y
construction contracts and construction projects; and
WHEREAS, on 2022, the COUNTY issued a Request for
Proposals ("RFP") seeking qualified responsible and responsive proposals for providing
services as described in the RFP; and
2
WHEREAS, CONTRACTOR has represented that it has the requisite skills,
expertise and manpower to provide the required services;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONTRACTOR for the Project until the
CONTRACTOR'S duties hereunder have been fully satisfied;
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1.1.2 The CONTRACTOR has become familiar with the site(s) and the local conditions
under which the Project is to be completed.
1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement
in such a manner that they shall be accurate, coordinated and adequate for use in
verifying work completed and shall be in conformity and comply with all applicable
law, codes and regulations. The CONTRACTOR warrants that the documents
prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONTRACTOR shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating Ln
the provisions of such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
0
terminate this contract immediately upon delivery of written notice of termination >
to the CONTRACTOR.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County )
Commissioners for Monroe County.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race
creed, color, national origin, sex, age, or any other characteristic or aspect which
is not job related, in its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of services or
goods under this agreement.
1.2 Contract Documents. This Agreement shall consist of this contract, including any
and all attachments and exhibits; the RFP, including any and all addenda;
CONTRACTOR's response to the RFP, all of which are incorporated by reference 0)
in this Agreement. In the event of any conflict between any of the Contract
documents, this Agreement will control or alternatively the one imposing the
greater burden on the CONTRACTOR will control.
ARTICLE II
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
SCOPE OF BASIC SERVICES
2.1 Scope of Services.
The CONTRACTOR'S Scope of Basic Services consist of those described in )
Attachment A to this Agreement. From time to time, the COUNTY shall issue Task
Orders for those services described in Attachment A and the CONTRACTOR shall
perform described in the individual Task Orders in accordance with the terms and
conditions outlined in this Agreement and the specific Task Order.
By executing this Agreement, the CONTRACTOR acknowledges that it has
thoroughly reviewed the documents incorporated in this Agreement and that it
accepts the scope of services to be performed and the conditions under which the
work shall be performed.
0.
2.2 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the CONTRACTOR. Any notice required or permitted
under this agreement shall be in writing and hand delivered or mailed, postage
0
pre-paid, to the COUNTY by certified mail, return receipt requested, to the >
following-
Mr. Cary Knight
Director, Project Management Department >
Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-268
Key West, FL 33040 )
With a copy to:
Monroe County Attorney's Office
1111 12t" St. Suite 408
Key West, FL 33040
For the CONTRACTOR:
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REQUEST FOR PROPOSALS:
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ARTICLE III
ADDITIONAL PRODUCTS AND SERVICES
3.1 Additional products and services are those products and services not included in
the Scope of Basic Services. Should the COUNTY require additional products or
services they shall be paid for by the COUNTY at pricing, rates or fees as
negotiated and in accordance with the competitively bid pricing submitted by
CONTRACTOR in its proposal in response to the RFP, Attachment B.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested products and services to the CONTRACTOR. The
CONTRACTOR shall respond with a fee proposal to provide the requested
products and/or to perform the requested services. Only after receiving a Task
Order for the Additional Services, shall the CONTRACTOR proceed with the
Additional Services. Any additional services must be funded and approved by the
0.
Board of County Commissioners.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide complete and accurate information and cooperation
0
regarding requirements for the Project including access to county offices and >
facilities.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions >
in a timely manner pertaining to request for information submitted by the
CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential
progress of the CONTRACTOR'S services. )
4.3 Prompt written notice shall be given by the COUNTY and the CONTRACTOR's
representative if either become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to
have been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish required information and shall render approvals and
decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services.
4.5 The COUNTY's review of any information or documents prepared by the
CONTRACTOR or its subcontractors shall be solely for the purpose of determining
whether such information or documents are generally consistent with the
COUNTY's criteria for the Project. No review of such information or documents
shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless )
COUNTY/Monroe County and Monroe County Board of County Commissioners,
its officers and employees from liabilities, damages, losses and costs, including
but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR,
subcontractor(s) and other persons employed or utilized by the CONTRACTOR
in the performance of the contract.
0
5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
5.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the CONTRACTOR'S failure to purchase or maintain
the required insurance, the CONTRACTOR shall indemnify COUNTY from any
and all increased expenses resulting from such delays.
0
5.4 This indemnification shall survive the expiration or early termination of the >
Agreement.
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ARTICLE VI >
PERSONNEL
6.1 PERSONNEL )
The CONTRACTOR shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VII
COMPENSATION and TERM
7.1 The COUNTY shall pay the CONTRACTOR monthly in current funds for the
CONTRACTOR'S performance of this Agreement based on quotations for each
project, each of which shall be based on the competitively bid pricing as outlined
in the Proposal submitted by the CONTRACTOR, attached hereto as Exhibit B, 0)
each of which shall be incorporated in each Task Order issued by the County.
7.2 PAYMENTS
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7.2.1 For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the CONTRACTOR shall be paid monthly. Payment will be made
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
7.2.2 As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered. The CONTRACTOR'S invoice shall describe with reasonable
particularity the service rendered. The CONTRACTOR'S invoice shall be
accompanied by such supporting documentation or data in support of expenses
for which payment is sought that is acceptable to the Clerk based on generally
accepted account principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds.
7.3 BUDGET AND REIMBURSEABLE EXPENSES
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7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY's Board of County Commissioners.
7.3.2 The COUNTY's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
7.3.3 It is anticipated that no reimbursable expenses will be incurred by the
CONTRACTOR. Expenses will only be reimbursed if authorized by the County in )
writing in advance and to the extent and in the amount authorized by Section
112.061, Florida Statutes and the Monroe County Code of Ordinances.
7.4 TERM OF AGREEMENT
The initial term of this Agreement is for a two (2) year period commencing upon
final execution of the Agreement by the Parties ("Effective Date"). This Agreement
may be renewed upon mutual agreement of the parties for up to two (2) additional
years. Any renewal is contingent upon successful renegotiation of the hourly rates
shown in Attachment A by the parties and a written amendment to this Agreement.
Any renewal of this Agreement must be in writing and signed by both the COUNTY
and CONTRACTOR.
ARTICLE VIII
INSURANCE
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REQUEST FOR PROPOSALS:
CONSTRUCTION AUDITING SERVICES:
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
of the project (to include the work of others) is delayed or suspended as a result of
the CONTRACTOR'S failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
Coverage Minimum Limits Form #
Workers' Compensation StatutoryWC2
Employers Liability $500,000/$500,000/$500,000
Commercial general $1 000 000 GL3
Liability
Vehicle Liability $300,000 VL2
0
Professional Liability $1,000,000/$2,0007000 PRO3 0.
C ber Liability $17000,000 CL1
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better, that is licensed to business in the State of Florida and that
has an agent for service of process within the State of Florida. The coverage shall
contain an endorsement providing sixty (60) days' notice to the COUNTY prior to
any cancellation of said coverage. Said coverage shall be written by an insurer
acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. --
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8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient 0)
to respond to Florida Statute 440 (See Form WC2).
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee (See Form WC2).
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C. General Liability Insurance, including Personal Injury Liability, covering claims 2
for injuries to members of the public or damage to property of others arising out
of any covered act or omission of the CONTRACTOR or any of its employees,
U
agents or subcontractors or subCONTRACTORs, including Premises and/or 0.
Operations, Products and Completed Operations, Independent Contractors;
Broad Form Property Damage and a Blanket Contractual Liability Endorsement
with $1,000,000 Limits (See Form GL3). E
An Occurrence Form policy is preferred. If coverage is changed to or provided
on a Claims Made policy, its provisions should include coverage for claims filed
on or after the effective date of this contract. In addition, the period for which
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claims may be reported must extend for a minimum of 48 months following the
termination or expiration of this contract.
D. Professional Liability Insurance of $1,000,000 limits. If the policy is a "claims
made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to
cover claims made after completion of the project to cover the statutory time
limits in Chapter 95 of the Florida Statutes (See Form PR03).
E. Cyber Liability Insurance to include the following coverages: Data Breach,
Network Security Liability, Internet Media, Network Extortion, regulatory
Proceedings, PCI Fine and Cost. The minimum limits acceptable is:
$1,000,000. (See Form CL1)
0
F. COUNTY shall be named as an additional insured with respect to
CONTRACTOR'S liabilities hereunder in insurance coverages identified in
0.
Paragraphs C.
G. CONTRACTOR shall require its subcontractors to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONTRACTOR if so required by COUNTY during the term of this Agreement.
COUNTY will not pay for increased limits of insurance for subcontractors.
0
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured. The COUNTY reserves the right to require a certified copy
of such policies upon request. >
I. If the CONTRACTOR participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONTRACTOR may be required to )
submit updated financial statements from the fund upon request from the
COUNTY.
ARTICLE IX
MISCELLANEOUS
2
9.1 SECTION HEADINGS
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Section headings have been inserted in this Agreement as a matter of convenience
of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this
Agreement.
9.2 SUCCESSORS AND ASSIGNS
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CONSTRUCTION AUDITING SERVICES:
The CONTRACTOR shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County and the CONTRACTOR, which
approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with
all of the provisions of this agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and
legal representatives to the other and to the successors, assigns and legal
representatives of such other party.
9.3 NO THIRD PARTY BENEFICIARIES
0
Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
0.
9.4 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any
aspect of service, the COUNTY shall have the right to terminate this agreement
after five days written notification to the CONTRACTOR.
0
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The
COUNTY may also terminate this agreement for cause with CONTRACTOR
should CONTRACTOR fail to perform the covenants herein contained at the
time and in the manner herein provided. In the event of such termination, prior
to termination, the COUNTY shall provide CONTRACTOR with five (5)
calendar days' notice and provide the CONTRACTOR with an opportunity to
cure the breach that has occurred. If the breach is not cured, the Agreement
will be terminated for cause. If the COUNTY terminates this agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost of 2
completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for 0
damages caused by the breach. The maximum amount due to CONTRACTOR
shall not in any event exceed the spending cap in this Agreement. In addition
the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance
located at Section 2-721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall
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pay CONTRACTOR the sum due the CONTRACTOR under this agreement
prior to termination, unless the cost of completion to the COUNTY exceeds the
funds remaining in the contract. The maximum amount due to CONTRACTOR
shall not exceed the spending cap in this Agreement. In addition, the COUNTY
reserves all rights available to recoup monies paid under this Agreement U
including the right to sue for breach of contract and including the right to pursue
a claim for violation of the COUNTY's False Claims Ordinance, located at
Section 2-721 et al. of the Monroe County Code.
E. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, the County shall
have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
F. For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), >
Florida Statutes, or if the Contractor/Consultant has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the
option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the <
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the y
conditions of Section 287.135(4), Florida Statutes, are met.
9.5 PUBLIC ENTITIES CRIMES )
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
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recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been
no determination, based on an audit, that it or any subCONTRACTOR has
committed an act defined by Section 287.133, Florida Statutes, as a "public entity )
crime" and that it has not been formally charged with committing an act defined as
a "public entity crime" regardless of the amount of money involved or whether
CONTRACTOR has been placed on the convicted vendor list.
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CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
subCONTRACTOR is formally charged with an act defined as a"public entity
crime" or has been placed on the convicted vendor list.
9.6 MAINTENANCE OF RECORDS
CONTRACTOR 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 five years from the final payment or termination of this agreement. Each party
to this Agreement or its authorized representatives shall have reasonable and
0
timely access to such records of each other party to this Agreement for public >
records purposes during the term of the Agreement and for five years following the
final payment or termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were >
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the
monies together with interest calculated pursuant to Sec. 55.03, of the Florida
Statutes, running from the date the monies were paid by the COUNTY. )
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, COUNTY and
CONTRACTOR agree that venue shall lie in the 16t" Judicial Circuit, Monroe
County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by
the circuit court of Monroe County.
9.10 SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
2
9.11 ATTORNEYS FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket Ln
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns. >
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
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9.14 CLAIMS FOR FEDERAL OR STATE AID
2
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement. Any conditions imposed as a result of funding that affect the Project
will be provided to each party.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If the issue or issues are still not resolved to the satisfaction of
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the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not
subject to arbitration. This provision does not negate or waive the provisions of
paragraph 9.4 concerning termination or cancellation.
9.16 COOPERATION )
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to
this Agreement.
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9.17 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
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automatically terminates without any further action on the part of any party, >
effective the date of the court order. CONTRACTOR or COUNTY agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, )
as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing',
9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; 11) Any other
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nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
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COUNTY agrees that officers and employees of the COUNTY recognize and will
be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or Ln
contractual relationship; and disclosure or use of certain information.
In accordance with Section 5 (b) Monroe County Ordinance No. 010-1990,
CONTRACTOR warrants that he/it had not employed, retained or otherwise had
act on his/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract >
without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee." )
9.20 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
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Public Records Compliance. CONTRACTOR must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section
24 of article I of the Constitution of Florida. The County and CONTRACTOR shall
allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and CONTRACTOR in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally
cancel this contract upon violation of this provision by the CONTRACTOR . Failure
of the CONTRACTOR to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
CONTRACTOR is required to:
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(1) Keep and maintain public records that would be required by the County >
to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this >
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as )
authorized by law for the duration of the contract term and following completion of
the contract if the CONTRACTOR does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the CONTRACTOR or keep and maintain public
records that would be required by the County to perform the service. If the
CONTRACTOR transfers all public records to the County upon completion of the
contract, the CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If
the CONTRACTOR keeps and maintains public records upon completion of the
contract, the CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the County, 0)
upon request from the County's custodian of records, in a format that is compatible
with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the CONTRACTOR of the
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request, and the CONTRACTOR must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the County's option and right to unilaterally cancel this )
contract upon violation of this provision by the CONTRACTOR . A CONTRACTOR
who fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under
section119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF0.
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR 'S DUTY TO W
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-
292-3470 BRADLEY-BRIAN(cD-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation >
of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of )
immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective U
functions under this Agreement within the territorial limits of the COUNTY shall
apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial
limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
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Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the
CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the
COUNTY or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
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9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION >
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CONTRACTOR agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR
shall act as the execution of a truth in negotiation certificate stating that wage rates
and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and current at the time of contracting. The )
original contract fee and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was increased
due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the
Agreement.
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9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe W
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
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This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
9.29 E-VERIFY SYSTEM )
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and
any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all
new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Contractor
shall comply with and be subject to the provisions of F.S. 448.095. Ln
9.30 UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement
will be excused to the extent that the delay or failure was caused directly by an
event beyond such Party's control, without such Party's fault or negligence and
that by its nature could not have been foreseen by such Party or, if it could have
been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest in the geographic area of the
Project; (d) government order or law in the geographic area of the Project; (e)
actions, embargoes, or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority prohibiting work in the geographic area of
the Project-(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or
services, market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section. Contractor shall give County written
notice within 7 days of any event or circumstance that is reasonably likely to result y
in an Uncontrollable Circumstance, and the anticipated duration of such 0
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement.
The County will not pay additional cost as a result of an Uncontrollable
Circumstance. The Contractor may only seek a no cost extension for such
reasonable time as the Owners Representative may determine.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
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(Seal) CONTRACTOR 0
Attest-
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BY: By:
Title: Title:
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END OF AGREEMENT
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Attachment B- Contractor Proposal
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Attachment C
Required Clauses from 2 CFR part 200
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A portion of the funds used to pay CONTRACTOR as expected to come from
federal grant awards. The following clauses from 2 CFR part 200 therefore apply
to this Agreement and are incorporated by reference:
1. SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
The County strongly encourages the use of women-, minority- and veteran-owned
business enterprises (SBEs) and wishes to see a minimum of 25% of the contract or
subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for
Florida registered SBEs at-
http://www.dms.myflorida.com/agency administration/office of supplier diversity os
y
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Any proposal submitted in which the vendor is certified as an SBE, or in which the
vendor proposes to use subcontractors that are certified as SBEs, in Florida or
another jurisdiction, must submit proof of the registration or certification from the local
authority in order to receive credit for the use of the SBE. y
2. AUDIT OF RECORDS >
Contractor shall grant to the County, DEM, FEMA, the Federal Government, and any
other duly authorized agencies of the Federal Government or the County where
appropriate the right to inspect and review all books and records directly pertaining to
the Contract resulting from this RFP for a period of five (5) years after final grant close-
out by FEMA or DEM, or as required by applicable County, State and Federal law.
Records shall be made available during normal working hours for this purpose.
In the event that FEMA. DEM, or any other Federal or State agency, or the County,
issues findings or rulings that the amounts charged by the Contractor, or any portions
thereof, were ineligible or were non-allowable under federal or state Law or regulation
Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the
Contractor shall agree that the amounts paid to the Contractor shall be adjusted
accordingly, and that the Contractor shall, within 30 days thereafter, issue a remittance
to the County of any payments declared to be ineligible or non-allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole, or of specific Project activities.
Under no circumstances shall advertising or other communications with the media be
presented in such a manner as to County or imply that the Contractor or the Contractor's
services are endorsed by the County.
3. NONDISCRIMINATION (required language from 41 C.F.R. § 60-1.4(b)).
During the performance of this Agreement, the CONTRACTOR agrees as follows:
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(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate
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against any employee or applicant for employment because such employee >
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part >
of such employee's essential job functions discloses the compensation of
such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to )
a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or
is consistent with the contractor's legal duty to furnish information.
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(4) The contractor will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September
247 1965, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
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(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
4. OTHER FEDERAL CONTRACT REQUIREMENTS
As Applicable, the CONTRACTOR and its subcontractors must follow the
provisions as set forth in Appendix II to Part 200, as amended, including but
not limited to:
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A. Rights to Inventions Made Under a Contract or Agreement. If the
Federal award meets the definition of"funding agreement" under 37 CFR
§401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the >
substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part )
401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding
agency.
B. Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and
subgrants of amounts in excess of$150,000 must comply with all
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applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
C. Debarment and Suspension (Executive Orders 12549 and 12689)—
A contract award (see 2 CFR 180.220) must not be made to parties listed
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on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."
SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors who
apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
E. Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the
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Federal government issued thereunder, and the assurance by the >
CONTRACTOR pursuant thereto.
F. The Contractor shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by
the Contractor during the term of the Contract and shall expressly require any >
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor )
during the Contract term.
5. No Obligation by Federal Government. The federal government is not a party
to this contract and is not subject to any obligations or liabilities to the non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the
contract.
6. Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
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