Item C23BOARD of COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February
15, 2012
Division: sion: Public works/Engineering
Bulk hero: Yes
No
Department: En lneerrr� a 1ces
Staff Contact Person/Phone ; JudClarke X4329
AGENDA ITEM WORDING. Approval to advertise a Request for Proposals (RFP) for Hurricane
Debn's Clean up and Disaster Response and recovery Services.
ITEM BACKGROUND: Monroe County has required the services of hurricane debris clean up
contractors during disaster recovery. Monroe Counter's existing five year contracts for debris clean up
and disaster response services will expire on June 20, 2012 and November 14, 2012. Costs incurred
for debris clean up during a declared emergency are eligible for federal and state reimbursement.
PREVIOUS RELEVANT BOCC ACTION: The Board of Counter Commissioners approved a
primary debris cleanup and disaster services contract with ITC Emergency Services, LLS in June
007; the BOCC approved a secondary debris clean up and disaster- service s contract with Ashbritt,
Inc. in November 2007,
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval to advertise.
TOTAL COST: $ 800 INDIRECT CO T+ BUDGETED: Yes X No
DIFFERENTIAL of LOCAL PREFERENCE: N/A
COST TO COUNTY: 800 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: Counter Atty � DRIB/Purchasing I Risk Management
DO U ENTATION O
DISPOSITION.
Revised 7/09
Included X Not Required
AGENDA ITEM
MONROE COUNTY
REQUEST FOR PROPOSALS FOR PROFESSIONAL
SERVICES FOR
Disaster Response and Recovery Services
BOARD OF COUNTY COMMISSIONERS
Mayor, David Rice, District 4
Mayor Pro-Tem, Kim Wigington, District 1
George Neugent, District 2
Heather Carruthers, District 3
Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi, Jr.
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
PUBLIC WORKS
Kevin Wilson, P.E.
February 2012
PREPARED BY:
Monroe County Engineering Services Department
RF P for CONTRACTOR Services, Disaster Response and Recovery Services
TABLE OF CONTENTS
NOTICE OF PROPOSAL STATEMENT
SECTION ONE - Instruction to Respondents
SECTION TWO - scope of Work
SECTION THREE - Draft Contract
SECTION FOUR - County Forms
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 INTRODUCTION/BACKGROUND
Monroe County ("County") is located in southern Florida and encompasses the Florida Keys
and portions of the Everglades National Park and the Big Cypress National Preserve. The
scope of this Request For Proposals includes the portions of Unincorporated Monroe
County in the Florida Keys, which is comprised of a number of islands over 112 miles in
length that extend from the southeastern tip of the Florida peninsula to Ivey West. The
County maintains approximately 400 miles of roadway and is responsible for hurricane
debris collection in these areas.
The Federal Emergency !Management Agency (FERIA) provides public assistance funds for
disaster response, debris removal and disposal operations. The County requires a
contractor to provide these and other disaster related services. The contractor must
conduct all operations in full compliance with FEMA regulations and requirements for the
County to be reimbursed for these disaster related expenses.
1.02 COPIES of RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and used in preparing
responses. The county does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
E. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Proposal Statement.
1.03 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person, submitting a proposal in response to
this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of a I I
participants in such collusion shall be rejected, and no participants in such collusion
will be considered in future bids for the same work.
B, PUBLIC ENTITY RIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not subunit Proposals on leases or perform work
as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORIC TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
RFP for CONTRACTOR services, Disaster Response and Recovery Services
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal.
Failure to complete this form in every detail and submit it with the bid or proposal
may result in immediate disqualification of the bid or proposal.
1.04 EXAMINATION of RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP and other contract documents,
and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost: progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent shall in no
way relieve him of the obligations and responsibilities assumed under the contract.
E. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the county.
1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven (7) or more
days prior to the date fixed for opening of responses will be given consideration. All such
changes or interpretation will be made in writing in the form of an addendum and, if issued,
will be furnished to all known prospective Respondents prior to the established Proposal
opening date. Each Respondent snail acknowledge receipt of such addenda in their
Proposal. In case any Respondent fails to acknowledge receipt of such addenda or
addendum, his response will nevertheless be construed as though it had been received and
acknowledged and the submission of his response will constitute acknowledgment of the
receipt of same. All addenda are a part of the contract documents and each Respondent
will be bound by such addenda, whether or not received by him. It is the responsibility of
each Respondent to verify that he has received all addenda issued before responses are
opened.
1.06 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner
affect the work. Knowledge of occupational license requirements and obtaining such
licenses for Monroe County and municipalities within Monroe County are the responsibility
of the Respondent.
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
1.07 PREPARATION of RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Owneritmust appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm}' should be written beneath such signature. if the Respondent is
a corporation, the title of the officer signing the Response on behalf of the corporation must
be stated along with the Corporation Seal Stamp and evidence of his authority to sign the
Response must be submitted. The Respondent shall state in the response the name and
address of each person having an interest in the submitting entity.
1.08 SUBMISSION of RESPONSES
A. Two (2) signed originals and five (5) copies of each response shall be submitted.
E. The response shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and "Proposal Statement - Disaster
Response and Recovery services", addressed to the entity and address stated in
the Notice of Proposal Statement, on or before 3:00 P.M. local time on 2012.
If sent by mail or by currier, the above -mentioned envelope shall be enclosed in
another envelope addressed to the entity and address stated in the Notice of
Proposal Statement. Faxed or e-mailed statements of qualifications shall be
automatically rejected. Responses will be received until the date and hour stated in
the Notice of Proposal Statement.
C. Each Respondent shall submit with his Response the required evidence of his
qualifications and experience.
1.0 CONTENT of SUBMISSION
The proposal submitted in response to this RFP shall be printed on 8-1! 'rX 11" white paper
and bound; it shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. 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 ou nty'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.
The following information, at a minimum, shall be included in the Submittal:
A. cover Page
A cover page that states "PROPOSAL STATEMENT — DISASTER RESPONSE
AND RECOVERY SERVICES" The corer page should contain Respondent's
RF F for CONTRACTOR Services} Disaster Response and Recovery Services
name, address, telephone number, and the name of the Respondent's contact
person
B. Tabbed sections
Tab 1. Executive summary
The Respondent shall provide a narrative of the firm's qualities and capabilities that
demonstrate how the firm will work with the County to fulfill the requirements of the
scope of work. Describe the firm's use of technology in the office and in the field
and how it will be used to complete scope of work. Describe the firm's methodology
for disaster response and local debris recovery operations given the extensive
amount of field work that will be required, as well as the firm's experience working
with FERIA and other Federal and state disaster agencies.
Tab 2. Relevant Experience
The Respondent shall provide a project history of the firm or organization
demonstrating experience with disaster response and debris recovery projects that
are similar in scope and size to the proposed work.
Tab 3. Past Performance on similar Projects
Each Respondent shall provide a list of past projects and at least two written
references of a Florida local government or other governmental entities for which
the Respondent has provided the same or similar services during the past three
years. Each reference shall include, at a minimum:
Name and full address of referenced project and organization
Dame and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services including a comparison to services sought
by this R FP.
Tab 4. Project Approach
The Respondent shall provide a workplan that outlines the services that the firm is
able to provide and explain hoer these services wi I I be used to accomplish the
Scope of Work in Section Two. The description should include details of field
operations, data management operations, staffing levels, equipment to be used,
minimum response time after a disaster: methods of debris collection and reduction
and methodology for complying with and responding to requirements of state and
federal disaster agencies. The Respondent should describe the debris tracking and
documentation process to ensure timely invoicing for services, and compliance with
FEMA regulations and guidelines
RFP for CONTRACTOR services, Disaster Response and Recovery Services
Tali S. staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons
with an interest in the firm.
The Respondent shall include an organizational chart and a list of all personnel to
be used to complete the Scope of Work. Resumes for each individual, including
education, background and experience should be included. This section should
shove evidence of the firm's ability to manage tasks simultaneously and
expeditiously; approach to problem/task resolution and teamwork.
The Respondent shall provide information on any subcontractors that may be
employed in performing the Scope of Work.
Tab 6. Financial Information and Litigation
The Respondent will provide the following information:
1. A list of the firm's shareholders with five percent or more of the stock, or if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members;
. A list of the officers and directors of the firm;
. The number of gears the Respondent has been operating and, if different, the
number of years it has been providing the services, goods, or construction services
called for in the RFR;
4. The number of gears the Respondent has operated under its present name and
any prior names;
5. The following, including answers to the questions regarding claims and suits:
a. Has the Respondent ever failed to complete work or provide the goods for which
it has contracted?
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the Respondent, or its officers or general partners? If yes,
provide details-,
c. Has the Respondent, within the last five years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services
similar to those requested in the specifications? If yes, provide details;
d. Has the Respondent ever initiated litigation against the county or been sued by
the county in connection with a contract to provide services, goods or construction
services? If yes, provide details;
e. Whether, within the last five years, an officer, general partner, controlling
shareholder or major creditor of the Respondent was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for bids; and
f. credit references.
RF P for CONTRACTOR services, Disaster Response and Recovery Services
Tab 7. Additional Services
The Despondent shall describe any other disaster response and recovery related
services it is capable of providing other than the basic services detailed in section
Two (Scope of work).
Tab 8, cost summary
The Respondent shall provide a detailed cast summary for the work. The summary
should include all costs for equipment and personnel used during all operations.
Cost summary shall detail each type of work associated with the Scope of Work,
cost basis, and unit cost. Unit costs shall be inclusive of all costs and expenses:
and shall be provided for each class of debris. Unit prices shall be provided for
each category listed in Schedules one, Two and Three below. Estimated quantities
shown in Schedule One are for comparison purposes only.
Prices for all services in Paragraph E Logistical and Recovery Operation Services of
the scope of Work shall clearly identify the cost and scope of all services required.
Costs for services which cannot practically be provides with a detailed breakdown
should be provided at `host (supported by invoices) plus a fair amount to cover
administrative costs, plus a reasonable profit".
Respondents should declare that to the best of their knowledge all proposed costs
are reasonable and customary for the services listed.
Balance of Page Left Blank
51
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RFP for CONTRACTOR Services, Disaster Response and Recovery Services
SCHEDULE 2 — UNIT DATE EQUIPMENT PRICE
Equipment Type
Hourly Equipment Date
Bobcat.-L.,oa-der
Bucket Truckw/Ojperator
r Truck w/1 m act Atte n uator
Dozer Tracked Db or similar
Dozer, Tracked D6 or similar
Dozer Tracked D7 or similar
Dozer, Tracked D8 or similar
Chu Truck 1-b CY
Dumg Truck -4
DumQ Truck o CY or lar er
Generator and Liahtinct
Grader /12} Blade
Hydraulic Excavator, 1.
d raul is Excavator, 2.5 CY
Inuckleboom Loader
E ui meet Trans ort
Mobile Crane Ade uate for hanging limbs/leaning trees
Pickup Truck .5 Ton
Truck Flatbed
W ate r Truck
Wheel Loader 2.5 CY. 950 or similar
Loader, .5 — 4.0 or similar
-Wheel
Wheel Loader, .5 CY. 980 or similar
-Wheel Loader -Back h oe 1.0 — 1.5 CY
Track Hoe John Deere 690 or similar
—Stump—Grinder
ton or lar er Crane
Other
SCHEDULE 3 — HOURLY EQUIPMENT AND LABOR PRICE
Labor-tateaorm
Hourly Labor Rate
o erations Manager w/Cell Phone and Pickup
Crew Foreman w/Cell Phone and Pickup
Tree limber/Chainsaw
L borer w/Chain Saver
Laborer w/small tools traffic control flag person
RF P for CONTRACTOR Services, Disaster Response and Recovery Services
Tali 9. county forms
Respondent shall complete and execute the forms specified below and found at the
designated pages in this .RFP, and shall include theta in the section tabbed :
Form
Response Form 32
Lobbying and Conflict of Interest Clause 3
Non -Collusion Affidavit 34
Drug Free Workplace Form 35
Respondent's Insurance and
Indemnification tatem ent 36
Insurance Agent's Statement 37
Copies of all professional and occupational licenses shall be included in this
section.
1.10 MODIFICATION of RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Proposal Statement and received prier to Proposal due
date and time. Modifications must be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and "Modification to Proposal Statement —
Disaster Response and Recovery Services". If sent by mail or by courier, the above -
mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of bequest for Proposals. Faxed or a-mai led modifications
shall be automatically rejected.
1.11 RESPONSIBILITY FOR RESPONSE
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.
1.12 RECEIPT AND OPENING of RESPONSES
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 ou nty's representative authorized to open the
responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the premature
opening of a response not properly addressed and identified. Respondents or their
authorized agents are invited to be present.
11.113 DETERMINATION of SUCCESSFUL RESPONDENT
The County reserves the r4ght to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the county. Responses that
10
RFP for CONTRACTOR services, Disaster Response and Recovery Services
contain modifications, are incomplete, unbalanced, conditional, obscurer or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect
with the Instruction to Respondent and the contract documents, may be rejected at the
option of the County.
i K r W.IlaA1;I RX01 M*0191 zt J:T=Tot I-
A. The county reserves the right to award separate contracts for portions of the work,
waive any irregularity in any response, or to re -advertise for all or part of the work
contemplated
B. 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, or who, after investigation of references or other criteria, does not
meet county standards.
C. The recommendation of the committee and the responses of three or more
Respondents may be presented to the Board of County Commissioners of Monroe
County, Florida, for final selection. Negotiations will be undertaken with the
Respondents as ranked.
1.15 EXECUTION of CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the
County four (4) executed counterparts of the prescribed contract together with the required
certificates of insurance.
1.16 CERTIFICATE of INSURANCE AND INSURANCE REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe county within fifteen (15)
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period,
the contract may be awarded to the next selected Respond ent/Proposer. Policies shall be
written by companies licensed to do business in the State of Florida and having an went
for service of process in the state of Florida. Companies shall have an A.M. Best rating of
VI or better.
Worker's Compensation
Employers' Liability insurance
General Liability, including
Premises operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Statutory Limits
$1,000,000 Accident
1 t000,000 Disease, policy limits
$1,000,000 Disease each employee
1,000,000 combined Single Limit
RF P for CONTRACTOR Services, Disaster Response and Recovery Services
Vehicle Liability $1,000,000 per occurrence
(Owned, non -owned and hired vehicles) $1,000,000 Combined single Limit
Pollution Liability $5,000,000 per Occurrence
$10, coo, 000 Agg reg ate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
1,17 INDEMNIFICATION
The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorneys fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the CONTRACTOR or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the CONTRACTOR, itsSubcontractor(s) in any tier: their officers: employees,
servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the ONTRA TOR'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. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold
the County harmless and shall indemnify it from all losses occurring thereby and shall
farther defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration
for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
REMAINDER of RAGE iNTENTIONALLY LEFT BLANK
RFC' for CONTRACTOR Services, Disaster Response and Recovery Services
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the ounty's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Respondent:
Contract for:
Address of Respondent:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Respondent:
Approved Not Approved ---
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Respondent SIGNATURE
IM
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
SECTION TWO: SCOPE OF WORK
In the event of a disaster, the selected firm shall be responsible for providing emergency debris
clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management
of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All
disaster response and recovery services shall be performed in compliance with FEMA and FHWA
guidelines. Documentation and reports of work performed shall be in a form suitable for FERIA
reimbursement.
These operations will include, but not be limited to:
A. Emergency Debris Removal (PUSH)
0 Immediately after a disaster, provide all necessary equipment, tools and personnel
to clear primary roads and critical government facilities of debris to allow emergency
vehicles access to areas in need of assistance as directed by the county.
0 Debris should be stacked along the edge of pavement on the shoulder of the road
and not blocking driveways, side streets or utilities of any kind.
* Emergency Debris Removal may require loading the debris, hauling the debris to an
approved dumpsite: and dumping the debris at the approved dumpsite.
i Provide daily reporting to include cumulative, daily, and hourly statistics detailing
type of equipment and personnel used
E. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities
0 Provide all necessary equipment and personnel to load and haul disaster -generated
debris to an approved TDSR site.
0 Disaster —related debris will be sorted into categories: clean vegetative, non -
vegetative, seaweed, ghite goods, household hazardous waste, mixed and ineligible
at the load sites.
0 All debris shall be mechanically loaded and reasonably compacted.
0 Provide control of pedestrian and vehicular traffic in the work area; include flag
persons, signs or other devices necessary to ensure safe debris recovery
operations.
a Provide daily reports on all debris recovery operations; include all equipment and
personnel used. The report shall detail daily and cumulative -to -date statistics on the
number of truckloads, number of cubic yards of debris hauled, locations of
completed work, and locations of current work for each type of debris recovered.
0 Identify landfills and/or other final disposal site(s) for a l l debris.
0 Haul debris from TD R sites to final disposal site(s).
0 Immediately investigate claims of damage to private property and/or county roads
and rights -of -way due to debris operations and ensure proper repairs are made
promptly at no cost to the County.
0 Provide all necessary equipment and personnel to remove seaweed and other
debris from beach sand by screening and return clean sand to beach as directed by
the county.
14
IMF P for CONTRACTOR services, Disaster Response and Recovery Services
C. Management of Temporary Debris Storage and Reduction (TDSR) Sites
0 Provide sufficient personnel and equipment to operate multiple TIER sites
simultaneously within unincorporated Monroe County
0 Fully document pre-existing conditions at proposed TD R sites with photographs
and appropriate environmental sampling.
■ Prepare each approved TDSR site to accept debris, to include clearing, erosion
control, grading, construction and maintenance of haul roads and entrances and
installation of inspection towers and security fencing
0 Establish site layout, including entrance, exit and internal haul roads at each TD R
site
0 Provide all management, supervision, labor, machines, tools, and equipment
necessary to accept, process, reduce, sort, and dispose of disaster related debris.
* Provide at least one inspection tower at each TD R site constructed to pre -
approved county specifications.
0 vegetative Debris reduction shall be performed by chipping / grinding only
0 Ensure all debris is properly staged and sorted.
0 Provide daily and cumulative -to -date reports for each TD R site.
0 Ensure TIER sites are secure and not accessible by the public during operation
and after working hours.
After all debris has been reduced and hauled to final disposal sites, perform site
restoration and closeout, include removal of site equipment (temporary toilets,
inspection towers, security fence, etc) and restore the site to pre -work conditions.
D. Tree and Limb Removal
* Provide all equipment, tools and personnel to safely remove hazardous leaning
trees or hanging tree limbs, as directed by Monroe county.
Provide control of pedestrian and vehicular traffic in the work area, to include flag
persons, signs or other devices necessary to ensure safe tree/limb removal
operations
Ensure that strict Right -of -Entry procedures are followed for any hazardous tree or
limb removal operations that affect p rlvate property.
As directed by the County, remove all hazardous tree stumps, both uprooted and
intact
E. Logistical and Recovery Operation Services
0 General procurement and logistics from tents to meals ready to eat (HIRE): all
emergency and support items purchased, warehoused, and delivered,
a Provide temporary housing, restroom, shower and laundry facilities for emergency
workers including related supplies, service, and maintenance of facilities.
0 Provide and install temporary offices, mobile command centers, accommodations
and support-,
0 Provide emergency generator services with licensed electrician support to specified
facilities including hauling, installing, servicing and removal of generators.
* Provide ice, grater and fuel delivery and distribution services to specified facilities.
Provide hazardous waste recovery, disposal and remediation in flooded
environments, including canals. services will include permitting, testing and related
services.
15
RF P for CONTRACTOR Services, Disaster Response and Recovery Services
Provide emergency communications services;
Recovery and destruction of dead fish, animals and livestock
Provide emergency clinics and support personnel.
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RF P for CONTRACTOR services, Disaster Response and Recovery services
SECTION THREE: DRAFT CONTRACT
AGREEMENT FOR
DISASTER RESPONSE AND RECOVERY SERVICES
This Agreement ("Agreement") rude and entered into this day of ,
007 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"),
UIL k 9J
a of the state of
whose address is
its successors and assigns, hereinafter referred to as "CONTRACTOR"
W ITN ESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
Disaster Response and Recovery services; and
WHEREAS, CONTRACTOR has agreed to provide professional services which shall
include but not be limited to providing Disaster Response and Recovery Services, which services
shall collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
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 Project site and the local conditions
under which the work 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 by debris contractors and associated costs and shall be in conformity and
comply with all applicable law, odes 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 bylaw 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 shill 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 the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shell constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the 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 shell not discriminate against any person on the basis of racer creed,
colon 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.
1.1.8 The effective date of this AGREEMENT shall be . The
term of the AGREEMENT shall be for a five year period, unless otherwise terminated as
provided herein. The COUNTY shall have the option of extending the AGREEMENT in one
year increments for up to five addional years at the same terms and conditions with
approval of the O U NTY'S governing board. Such extension(s) shall be in the form of a
written Amendment to the AGREEMENT and shall be executed by both parties.
ARTICLE II
2.1 DEFINITION
CONTRACTOR'S ACTOI 'S Scope of Basic Services consists of those described in Attachment A. The
CONTRACTOR shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in
RFP for CONTRACTOR services, Disaster Response and Recovery services
the form of a task order and must contain a description of the services to be performed, and the
time within which services rust be performed.
2.2 CORRECTION of ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its
subCONTRA TORS, or both.
.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by are authorized
representative of the CONTRACTOR. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Mr. I evn Wilson, P.E.
Monroe County Public Works Engineering Division
1100 Simonton street
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room - 05
Ivey West, Florida 33040
For the CONTRACTOR:
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONTRACTOR (provided
for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope of the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted debris recovery operations.
C. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
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RFP for CONTRACTOR Services, Disaster Response and Recovery services
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONTRACTOR. The
CONTRACTOR shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONTRACTOR proceed with the Additional Services.
ARTICLE IV
COUNTYfS RESPONSIBILITIES,
4.11 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained reads, maps.
4.2 The COUNTY shall designate a representative to act on the cO U NTY's behalf with respect
to the Project. The COUNTY or its representative shall reader decisions in a timely manner
pertaining to documents 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 its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly seared if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
4.5 The cO U NTY's review of any documents prepared by the CONTRACTOR or its
subCONTRA TORs shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNITYs criteria, as, and if, modified. No
review of such documents shall relieve the CONTRACTOR of responsibility for the
accuracy, adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents req ui red to complete the work.
4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe county, and any other losses, damages, and expenses of any kind, including attorney's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier,
their officers, employees, servants and agents.
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RFP for CONTRACTOR services, Disaster Response and Recovery services
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the ONTRA TOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses
resulting from such delay. Should any claims be asserted against COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall
indemnify it from all lasses occurring thereby and shall further defend any claim or action on the
CO U NTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the `insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME FUNCTION
o long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shell perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately.
ARTICLE V11
COMPENSATION
7.1 PAYMENTSUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment E.
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RF P for CONTRACTOR Services, Disaster Response and Recovery Services
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties: obligations and responsibilities set forth
herein} the CONTRACTOR shall be paid monthly.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONTRACTOR shall be equitably adjusted, either upward
or downward;
(B) 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 and reimbursable expenses due hereunder. The CONTRACTOR'S
invoice shall describe with reasonable particularity the service rendered. The
CONTRACTOR'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.735, Florida Statute.
7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbursable expenses.
7.4 BUDGET
7.4.1 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 o) by OUNTY's Board of County commissioners. The
budgeted amount may only be modified by an affirmative act of the o UNTY's Board of
County commissioners.
7.4.2 The OU NTY'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.
ARTICLE Vill
INSURANCE
8.1 The CONTFZACTOR 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.
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 cancellations of said coverage.
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RFP for CONTRACTOR Services, Disaster Response and Recovery Services
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
farm acceptable to the COUNTY.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, 1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of rotor vehicles, `including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and one
Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with one Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Fora, polio is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and
Ten Million Dollars ($10,000,000-00) annual aggregate. If the policy is a i`claims made"
polio, 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.
F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
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.
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.
1. 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.
23
9.1
9.
9.3
9.4
.5
g.
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
ARTICLE IX
MISCELLANEOUS
SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
OWNERSHIP of THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONTRACTOR.
SUCCESSORS AND ASSIGNS
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.
No THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
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.
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.
CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, any addenda, the Form of Agreement
(Articles I -I )} the CONTRACTOR'S response to the RFP, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments ,
and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
CONTRACTOR will control.
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RFP for CONTRACTOR Services, Disaster Response and Recovery Services
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a hid 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 ACTOR 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 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 CON USU LTAIVT has been placed on the
convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
918 MAINTENANCE of RECORDS
CONTRACTOR shall maintain all boobs, 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
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, 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 GOVERNINGLAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laves 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 16th Judicial circuit, Monroe county, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
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R FF for CONTRACTOR Services, Disaster Response and Recovery services
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 s EVE FLAB I LI TY
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
fu I Rest 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
passible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court
costs, as an award against the non -prevailing party, and shall include attorney}s fees and courts
costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and 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.
9.14 CLAIMS FOR FEDERAL OR STATE AID
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-, provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
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 no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Cora m i ssi o ners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shell have the right to seep such relief or remedy as may be
.%t,
RFP for CONTRACTOR services, Disaster Response and Recovery Services
provided by this Agreement or by Florida lair. This provision does not negate or waive the
provisions of paragraph 9.5 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 a I I
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.
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 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 vl of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; ) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1 81-1683, and 168-1686), which prohibits
discrimination on the basis of sex; ) 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. 101- 107) which prohibits
discrimination on the basis of age- 5) The Drug Abuse Office and Treatment Act of 1972
(PL g - 55), as amended, relating to nondiscrimination on the basis of drug abuse; ) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL g 1-61 b): 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 90ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8} Title Vil l of the Civil Rights Act of 1968 (42 USC S. et seg.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; g) The
Americans with Disabilities Act of 1990 (42 USC s . 1201 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe county
Code Chapter 13, Article V1, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
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.
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
9,19 CODE of ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but net limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
.0 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.
The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR,
.22 NOWWAIVER of IMMUNITY
Notwithstanding the provisions of Sec. 768. 8, 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.
.3 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 perforating their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
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9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by lave 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
o 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.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
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 gage 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 price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 No PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, went or employee of Monroe county in his or her
individual capacity, and no member, officer, went or employee of Monroe county shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement,
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
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RF P for CONTRACTOR services, Disaster Response and Recovery Services
9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated In and made a part of this contract.
.2 .'1 Davis -Bacon Act - In accordance with the Davis -Bacon Act, the CONTRACTOR or
their subcontractors shall pay workers employed directly upon the site of the work no
less than the locally prevailing wages and fringe benefits paid on projects of a similar
character. The current prevailing wage rates can be fend at:
www.access.gi)o.gov/davisbacon/fl.html under Monroe County.
9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state lags and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONTRACTOR and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
9. J.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency
repair projects. Convict labor cannot be used in emergency repair construction
projects.
9.29.5 FHWA Fora 1273 is attached hereto as Exhibit A and made a part of this Agreement.
9.29.E The requirements of 23 CFR Part 635.410 Buy America Requirements are attached
hereto as Exhibit B and made a part of this Agreement.
30
RFP for CONTRACTOR Services: Disaster Response and Recovery Services
IN WITNESS WHEREOF, each party has caused this Agreement to he executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DAN NY L. IDOL HAG E, Clerk
By:
Deputy Clerk
Date
(Seal)
Attest:
BY:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
CONTRACTOR
By:a
Title:
END OF AGREEMENT
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RFP for CONTRACTOR Services, Disaster Response and Recovery Services
SECTION FORM: RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM +1,213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
acknowledge receipt of Addenda No.(s)
I have included;
* The Submission Response Farm - --
* Lobbying and Conflict of Interest Clause
* Non -Collusion Affidavit _
* Drug Free Workplace Farm
* Respondent's Insurance and Indemnification Statement
* Insurance Agent's statement
In addition} I have included a current copy of the following professional and occupational licenses:
mark items above, a a remi
Q2hecknder that they are included.}
Mailing Address;
Signed:
(Name)
(Title)
Witness:
Telephone: _
Fax:
Data:
(seal)
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
ETHICS CLAUSE
LOBBYING AND CONFLICT of INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE No. 010-1990
M oN ROE COUNTY, FLORIDA
(Company)
"..4 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 01 o-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 01 o-1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date -
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
Known to me or has produced
identification. (type of identification)
(name of affiant). We/She is personally
NOTARY PUBLIC
My commission expires:
as
It
I FP for CONTRACTOR services, Disaster Response and Recovery services
NON -COLLUSION AFFIDAVIT
1, of the city of
according to lair on nay oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so:
. the prices in this hid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such pries with any other bidder or with any competitor;
. unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4. no attempt has been made or will be rude b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
. 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:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by rye, (name of individual signing) affixed his/her signature in the
space provided above on this day of
NOTARY PUBLIC
20
y Commission Expires,.
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
. Inform 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 programs, and the penalties that may be imposed upon employees for drug abuse
violations.
. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of chapter 83 (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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Flake a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, 1 certify that this firm complies fully with the above
requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
R FP for CONTRACTOR Services, Disaster Response and Recovery Services
Respondent's Insurance and Indemnification Statement
Insurance Re uirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Pollution Liability
Rewired Limits
Statutory y Limits
$1000;000/$l r000,00051 t0001000
1,000,000 combined Single Limit
1,000,000 combined Single Limit per
Occurrence/$ 1,000,000 Aggregate
$5,000,000 per occurrence
$10,000,000 annual aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS
The CONTRACTOR covenants and agrees to `indemnify, hold harmless and defend Monroe county, its
commissioners, officers, employees, agents and servants from any and a I I claims for bodily injury, including
death, personal injury, and property damage, including property owned by Monroe county, and any ether
losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or suspended as a
result of the ONTRACTOR'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. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that
CONTRACTOR shall 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.
The first ten dollars ($1 o . oo) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Signature
RFP for CONTRACTOR Services, Disaster Response and Recovery Services
INSURANCE AGENT'S STATEMENT
have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
Liability policies are Occurrence
Insurance Agency
DEDUCTIBLES
Claims Made
Signature
PrintName:
a