Item O7 0.7
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: 0.7
Agenda Item Summary #11500
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774
N/A
AGENDA ITEM WORDING: Approval to solicit for professional consulting services to develop
non-ad valorem special assessment programs as needed for County projects and programs including
but not limited to canals, roads, stormwater and other existing or new programs.
ITEM BACKGROUND: This item approves soliciting for professional consulting services for
Monroe County to potentially research and develop various non-ad valorem special assessment
programs for new and existing programs.
The County's canal restoration program has numerous upcoming restoration projects requiring
assessments to fund the operation and maintenance of the equipment after completion of the
restoration. The Countywide Roads Adaptation Study also contains numerous road adaptation
projects which may require an assessment to fund construction and/or operations and maintenance
costs. In addition, other programs in the County that currently exist or may arise in the future may
also require services to research and develop non-ad valorem special assessment programs.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RFP consulting services special assessments - DRAFT
Packet Pg. 1805
0.7
FINANCIAL IMPACT:
Effective Date: N/A Expiration Date: N/A
Total Dollar Value of Contract: N/A Total Cost to County: TBD
Current Year Portion: N/A Budgeted: N//A
Source of Funds: Various CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount: N/A
Grant: No
County Match: N/A
Insurance Required: Insurance Requirements in RFP
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 11/21/2022 3:50 PM
Cynthia Hall Completed 11/21/2022 3:56 PM
Purchasing Completed 11/21/2022 4:05 PM
Budget and Finance Completed 11/21/2022 4:09 PM
Brian Bradley Completed 11/21/2022 4:13 PM
Lindsey Ballard Completed 11/21/2022 4:23 PM
Board of County Commissioners Pending 12/07/2022 9:00 AM
Packet Pg. 1806
0.7.a
REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICES FOR SPECIAL
ASSESSMENTS n
en
(CANAL RESTORATION PROJECTS,
SEA LEVEL RISE AND FLOOD MITIGATION PROGRAM)
En
'rII
y G�
CL
dL
r J �
r �
r''w v'Uw t8!
J R
CL
CL
BOARD OF COUNTY COMMISSIONERS
U-
Mayor Craig Cates, District 1
Mayor Pro Tem Holly Merrill Raschein, District 5
Commissioner Michelle Coldiron, District 2
Commissioner James K. Scholl, District 3
Commissioner David Rice, District 4 E
V)
0
V)
V)
M
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi, Jr. Kevin Madok
V)
V)
0
c�
, 2022 V)
PREPARED BY:
V)
a
0
Monroe County Sustainability
Rhonda Haag, Chief Resilience Officer U-
c�
Packet Pg. 1807
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
TABLE OF CONTENTS
Subject Paqe �?
Table of Contents 2
Notice of Request for Competitive Solicitations 3
Part 1: 3 U)
U)
Project and Solicitation Background, Terms and Conditions, 4 U)
U)
Instructions to Respondents, Selection Process
Part 2: Scope of Services
CL
Part 3: Required Response Forms
Part 4: Draft Agreement
A
0
76
0
CL
CL
U)
U)
U)
0
U)
U)
m
76
.5
0
CL
U)
U)
0
c2
U)
U)
C
0
u
CL
c�
Page 2 of 66
Packet Pg. 1808
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
0
2
2.1
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on , 2023, at 3:00 P.M., the Monroe County E
U)
Purchasing Office will receive and open sealed responses for the following:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
(CANAL RESTORATION PROJECTS, SEA LEVEL RISE AND
FLOOD MITIGATION PROGRAM)
A
NOTICE IS HEREBY GIVEN that on , 2023, at 3:00 P.M., the Monroe County a
Purchasing Office will receive and open sealed responses for the following: 0
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS >
0
CL
Pursuant to F.S. §50.0211(3)(a),all published competitive solicitation notices can be viewed at: s;�;�,e,iz;c rl r;li;sCL
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.monroecountybids.com. The Public Record is
available upon request.
In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for
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
mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposal/responses WILL NOT be U)
accepted. 0
U)
U)
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMIT-
V 1 «111,no later than 3:00 P.M.on 2021. 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:
U)
c�
REQUEST FOR PROPOSALS FOR CONSTRUCTION AUDITING SERVICES [BID OPENING DATE
U)
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that
will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the
file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to OMB B U)
BIDS nionroecount. 1`Va.ov in advance of the bid o enin lease email: ollnb �. ar�:l�asin unonaroe�:o nt 0
1121, 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
2021. You may call in by phone or internet using the following:
Join Zoom Meeting
https:// cbocc.zoom.us/i/4509326 56
Page 3 of 66
Packet Pg. 1809
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York) 0
+16699006833„4509326156#US (San Jose)
a�
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose) E
Publication Dates: U)
Key West Citizen: U)
Keys Weekly: <
News Barometer:
CL
A
0
0
CL
CL
U)
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
0
U
CL
Page 4 of 66
Packet Pg. 1810
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
PART 1
SOLICITATION PURPOSE, TERMS AND CONDITIONS, INSTRUCTIONS TO
RESPONDENTS, SELECTION PROCESS as
1-1. GENERAL INFORMATION
U)
The purpose of this Request for Proposals ("RFP") is to contract with a firm to provide 0
professional services necessary for the continued collection of non-ad valorem special assessments
for one canal restoration project("Canal 266" on Big Pine Key, Florida), and the development of
new additional non-ad valorem special assessments programs to use funding sources for
approximately 1-10 new additional canal restoration projects and 1-10 roads or related areas in the
County's sea level rise and flood mitigation program ("Projects").
The County also has established programs to collect special assessments for wastewater
programs and solid waste. The wastewater and solid waste programs may be covered by the
agreement awarded pursuant to this RFP.
0
All of the special assessments have been and will be imposed and collected pursuant to
Section 197.3632, Florida Statutes, the uniform method for the levy, collection, and enforcement CL
CL
of special assessments.
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. The Monroe County Board of County
Commissioners ("BOCC") is comprised of five elected commissioners. Pursuant to the Florida U,
Constitution,the Clerk of Courts serves as the County's comptroller and auditor. Monroe County
has five municipalities (Key West, Marathon, Key Colony Beach, Islamorada, and Layton). E
U)
0
The County intends to enter into a contract with the top-ranked vendor for the services U)
described herein. The term of the agreement shall be five (5) years, with the possibility of an
option to extend for an additional five (5)years.
CL
U)
1-2. DESCRIPTION OF EXISTING SPECIAL ASSESSMENT PROGRAM; SCOPE OF 0
SERVICES 2.1
0
Special assessments for canal restoration projects in general began in Monroe County with U
the adoption of Monroe County Ordinance No. 021-2017,which created a Monroe County Canals
Municipal Service Benefits Unit to finance canal restoration projects. The annual assessments
levied for properties on Canal 266 are expected to generate $34,942.60 in FY 2023 ending 0
September 20,2023. To date,the only canal for which the County has adopted special assessments
is Canal 266; however, the County intends to impose special assessments for additional canals W
beginning with fiscal year 24. In the future, additional special assessments will be imposed on a
canal-by-canal basis.
c�
RFP— Professional Services for Special Assessments
Page 5 of 66
Packet Pg. 1811
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
In December 2020, the BOCC adopted Ordinance No. 002-2021, setting up a municipal
services benefit unit for a sea level rise and flood mitigation program. To date, no assessments
have been imposed for any roads within the assessment area.
a�
The special assessments are used to pay a portion of estimated design, construction, and
operations and maintenance costs for (a) canal restoration projects and (b) sea level rise/road
adaptation projects. U)
0
U)
U)
The canal restoration projects were instituted to explore ways in which Monroe County
could improve water quality in canals and nearshore waters in the County. To date, the County
has successfully explored and utilized several different types of technologies for water quality
improvement, depending on the location of the canal and the specific hydrological features of the 2
canals (depth, length, east-west or north-south coordinates, bay side v. ocean side, etc.). The
a�
technologies used to do include but are not limited to culverts, muck removal, air curtains, weed A
gates, skimmers, and backfill. The County works extensively with WSP USA Environment &
Infrastructure, Inc. (formerly Wood Environment&Infrastructure Solutions,Inc.),which supplies
d
engineering design and construction engineering and inspection (CEI) services for the canal 0
projects. There are a total of approximately 800 canals in Monroe County, approximately 500 of ra
which lie within unincorporated Monroe County. According to a Canal Management Master Plan 0
CL
adopted by the BOCC, 96 canals in unincorporated Monroe County have "fair" or"poor" ratings. CL
These canals will be the highest candidates for restoration programs.
The sea level risk/road adaptation projects are being instituted to explore ways in which
Monroe County may ameliorate effects of sea level rise, one such effect of which is flooding,
particularly during king tide episodes.
a�
More general information regarding canal restoration and road adaptation/sea level rise U)
projects can be found here: http://www.monroecounty-fl.�zov/803/SustainabiIity U)
M
The fees for the professional services will be paid from the assessments collected for each
canal or road/sea level rise elevation projects. CL
U)
U)
The professional services for the administration of the Canal 266 special assessments are 0
currently offered by Government Services Group, Inc. ("GSG') pursuant to a contract between
Monroe County and GSG. The incumbent is eligible to submit a proposal in response to this RFP
and has not participated in the drafting of this RFP.
Scope of Services that the County wishes to obtain is described in Part 2 of this RFP. 0
1-3. COPIES OF RFP DOCUMENTS
4i
Respondents may obtain complete sets of the RFP Documents from DemandStar by Onvia
at www.demandstar.com or www.monroecountybids.com, or call toll-free at 1-800-711-1712. E
Respondents shall use complete sets of RFP Documents in preparing Responses. Neither the
Owner nor County Project Management,nor their agents, assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of RFP Documents.
RFP— Professional Services for Special Assessments
Page 6 of 66
Packet Pg. 1812
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
1-4. EXAMINATION OF DOCUMENTS AND SITE; INTERPRETATION,
CLARIFICATION AND CORRECTION OF DOCUMENTS; ADDENDA
Before submitting a Response, each Respondent must carefully examine the RFP W
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. Each E
Respondent should visit the Project site to familiarize himself/herself with local conditions that 0
may affect the cost,progress, or performance of the Work. Ignorance of the Respondent does not
relieve him/her of the obligations and responsibilities assumed under this solicitation and the
contract.
a�
Respondents shall promptly notify the County in writing of any discrepancies, ambiguity,
inconsistency, omission or error that they discover upon examination of the solicitation documents
or of the site and local conditions. Notification should be sent to: Thompson-
stan@monroecounty-fl.gov.
Respondents and Sub-Respondents requiring clarification or interpretation shall submit o
0
their questions in writing to the County no later than ten (10) business days prior to the date for
receipt of Responses, to the following address: haag-rhonda@monroecounty-fl.gov. Telephone 0.
CL
calls and any other form of oral communication will not receive a response.
Any answer, interpretation, correction or change of the solicitation documents will made
by publishing an addendum or addenda. Copies of Addenda will be made available for inspection
at DemandStar by Onvia at http://www.demandstar.com or http://www.monroecountybids.com or
call 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 E
issued on the schedule shown in this RFP.
Each Respondent shall ascertain prior to submitting his Response that he/she has received
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
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 0
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.
0
c�
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 W
4i
in scope and detail to indicate and convey understanding of all terms and conditions for
performance of the Work. E
c�
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
RFP— Professional Services for Special Assessments
Page 7 of 66
Packet Pg. 1813
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
RFP. Failure to include all necessary forms and licenses will likely result in a non-responsive
submission and disqualification.
2
Except as stated above, Respondents shall not contact or lobby any County personnel or 0
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 0
Respondent doing so will be disqualified. U)
0
U)
U)
The cost of preparation of any response will completely be borne by the Respondent.
1-5. SUBMISSION OF RESPONSES CL
W
Interested firms are requested to indicate their interest by submitting an electronic proposal L_
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 o
0
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
deliverables pursuant to this request shall be subject to reuse by the County.
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
created between any person/firm and the County until such time as a contract is approved by the U,
County Commission.
a�
E
U)
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. U)
1-6. RESPONSE REQUIREMENTS AND CONTENTS OF RESPONSE SUBMISSIONCL
2
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
County's requirements. Respondents should focus specifically on the information requested. 0
Additional information, unless specifically relevant, may distract rather than add to the 0-
Respondent's overall evaluation. Financial information,as described below,may be submitted W
in a separate email marked "Confidential".
E
The following information, at a minimum, must be included in the Submittal:
A. Cover Pate
RFP— Professional Services for Special Assessments
Page 8 of 66
Packet Pg. 1814
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
A cover page that states "Request for Proposals — Professional Services for Special
Assessments." 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. .2
a�
B. Tabbed Sections
a�
TAB 1. Firm Overview. U)
U)
0
U)
U)
a. Briefly describe your company's organization, philosophy, and management. Provide a
brief company history. Included years of experience providing professional services for
special assessments.
b. Provide a description of your organizational structure (publicly or privately held
corporation,partnership, or other form of entity).
c. Confirm that you are licensed in the State of Florida and provide documentation.
d. Provide a brief history of the firm, including legal status and length of time the proposer
has provided professional services for special assessments.
e. If the Proposer is a corporation, limited partnership, limited liability company, or other 0
formally organized business entity, indicate the state is in which the entity is chartered and 0.
the Proposer's principal place of business.
TAB 2. Experience and Ability to Provide Services.
a. Provide at least five(5)examples of relevant prior projects undertaken by the firm that best
demonstrate the firm's capacity and expertise to provide the requested services as described
in the Scope of Work (Part 2 of this RFP). Each example should identify key personnel
who worked on the referenced project. Examples should involve services for local
government entities, particularly within the State of Florida and demonstrate knowledge
and understanding of relevant Florida statutes (particularly F.S. 197.3632). For each
project used as an example,provide the following information:
i. Project name, location, and description.
ii. Name of client and contact information for primary contact person. 0
iii. Project cost, including change orders.
iv. Start and end dates for the project.
b. Describe at least three (3) examples of successful long-term relationships with
governmental clients for the same type of services.
W
TAB 3. Staffing. �E
c�
RFP— Professional Services for Special Assessments
Page 9 of 66
Packet Pg. 1815
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
a. Identify key personnel who will represent the firm and who will be assigned to deliver
services under any awarded contract. Articulate their respective roles and time U)
commitments to this project.
b. For person, provide a resume to demonstrate relevant experience to fulfill requirements n
under an agreement.
a�
c. Provide copies of certifications for all key personnel, as applicable. U)
0
d. All personnel must be appropriately licensed in the state in which the services will be U)
performed.
2
TAB 4. References.
a�
A
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 0
0
government entity within the State of Florida. Each reference shall include, at a minimum, the
information listed below. Each reference must be verifiable. If a reference is not verifiable the 0-
Respondent may be disqualified. For each reference, provide: CL
a. Project Name
b. Reference name, title, company name
c. Reference telephone number and email address (required)
U)
U)
TAB 5. Price Proposal. U)
U)
U)
M
a. Please propose a comprehensive hourly rate for each type of staff person who would be
used on a project. For each person or category of persons, identify the job titles, primary
area of job responsibility, and hourly rate. U)
U)
0
b. In addition to the above,please provide the firm's proposal as a separate all-inclusive firm
fixed price for each of Year 1 and Year 2 of the following hypothetical project. U)
Monroe County Canal X Hypothetical Special Assessment Program: a
0
c�
Estimated Amount to be Collected/Year: $ 50,0001 year(20 year assessment program)
Assume that there are 20 parcels along Canal X. Each parcel may be comprised of 1, 2 or
3 lots. The assessments may be on a per-parcel or per-lot basis (the County has not decided E
which methodology to use, or another methodology, and will be looking for input from
you).
RFP— Professional Services for Special Assessments
Page 10 of 66
Packet Pg. 1816
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Year 1:
Initial and Final Assessment Resolutions to be adopted in: May and July 2023
2
The County Attorney's Office will prepare the assessments resolutions, but will require 0
LO
input and review from your firm. Your firm will also be responsible for preparing the
required public notices and handling the mailings required by F.S. 197.3632. 0
U)
U)
Year 2 U)
U)
Assume that in Years 2 and thereafter,there will be no changes to the parcels or lots within
the assessment area. Also,the assessment will not be increased beyond the maximum listed
in the Final Assessment Resolution adopted by the BOCC, and the purpose for the
assessment will not change. Each year following Year 1, however, pursuant to Section
3.08 oif County Ordinance No. 021-2017, the BOCC must approve an Annual Rate
a�
Resolution for Canal X. (The term Annual Rate Resolution is defined in Section 1.01 of
the Ordinance.) The annual rate resolution will be prepared by the County Attorney's
Office, but with input and review by your firm.
d
0
c. Reimbursable expenses shall consist of: expenses of transportation submitted by the
Consultant in connection with travel to County authorized in advance by the County, but 0
CL
only to the extent and in the amounts authorized by Section 112.061, Florida Statutes, or CL
local ordinance;postage and production costs for first class mailed notices or reports. The
County desires that the firm fixed fee that will be paid for Year 1 and ongoing years in
assessment programs will be all-inclusive other than the above two charges. If, however,
the vendor wishes to specify additional fees that should be charged,this information should
be included in Tab 5.
E
The County's performance and obligation to pay under any agreement generated in response to U)
this RFP is contingent upon annual appropriation by the BOCC. U)
M
TAB 6. Financial Information and Litigation
Pursuant to Monroe County Code Section 2-347(h), the Respondent must provide the following U)
0
information: 2
(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 75
owner(s); 0
c�
(2) A list of the officers and directors of the entity;
i Monroe County ordinances, resolutions and contracts may be found on the Clerk's website at:
https:Hminutes.monroe-clerk.com/WebLink/Browse.aspx?id=5&dbid=0&repo=Monroe-County-
Clerk-of the-Court
RFP— Professional Services for Special Assessments
Page 11 of 66
Packet Pg. 1817
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
(3) The number of years the person or entity has been operating and, if different, the number
of years it has been providing the services requested in this RFP;
a�
(4) The number of years the person or entity has operated under its present name and any
prior names;
U)
U)
(5) Answers to the following questions regarding claims and suits: U)
d
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.)
0
YES NO
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its o
0
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
d
principal, entity, officer, director or general partner in the last five (5)
years)? (If yes, provide details, include enough information about the U-
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
U)
number.)
E
YES NO ❑
U)
U)
C. Has the person, principal of the entity, entity, or its officers, major
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 U)
construction services similar to those requested in the specifications with 0
private or public entities? This specifically includes any present or prior �
entities in which the person, principal, entity, officer, director or general 0
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, a
arbitration or suit so that the County will able to obtain a copy of the U
judgment or claim or locate the suit by location and case number.) U-
W
YES NO
E
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
RFP— Professional Services for Special Assessments
Page 12 of 66
Packet Pg. 1818
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
provide services, goods or construction services? 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 2.1
person,principal, entity, officer, director or general partner. (If yes,provide 0
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 number.) U)
0
U)
YES NO U)
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
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 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
CL
CL
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 U,
telephone number.
E
U)
h. Financial statements for the prior three (3) years. Please provide these
financial statements in an email in accordance with the instructions at the U)
beginning of this RFP and marked "CONFIDENTIAL" one (1) original
copy.
CL
U)
("Any financial statement that an agency requires a prospective bidder to 0
submit in order to prequalify for bidding or for responding to a bid for a `2
road or any other public works project is exempt from § 119.07(1)Fla. Stat.
and §24(a), Art. 1 of the State Constitution.")
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 U-
contract time constraints, or other information the department deems W
necessary to enable the department and Board of County Commissioners
to determine if the person responding is responsible. Under this section E
the vendor shall supply the following information:
RFP— Professional Services for Special Assessments
Page 13 of 66
Packet Pg. 1819
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
TAB 7. Required County Forms and Licenses.
Respondent shall complete and execute the forms specified below and found at the
designated pages in this RFP, and shall include them in the appropriate tabbed section. Failure to 2.1
provide executed documents may result in Respondent being determined to be non-responsive to 0
the RFP and disqualified from consideration.
a�
U)
U)
Form Page
Submission Response Form
Applicant Acknowledgment Form
Lobbying and Conflict of Interest Form
Non-Collusion Affidavit 2
Drug-Free Workplace Form
Public Entity Crime Statement
Vendor Certification Regarding Scrutinized Companies
Certification Regarding Debarment, Suspension, Ineligibility,
d
and Voluntary Exclusion 0
Respondent's Insurance and Indemnification Statement Incl. Hold Harmless
Insurance Agent's Statement
Request for Waiver of Insurance Requirements (if applicable)
d
Acknowledgment of Addenda Form
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.
a�
E
1.10 GOVERNING LAWS,REGULATIONS AND STANDARDS U)
U)
Each Respondent, before submitting the Response, shall familiarize itself with all Federal, U)
State, and local laws, ordinances,permit fees, impact fees, rules and regulations that may apply to
the services requested ("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 municipalities and any other agencies within the State and Monroe County
are the responsibility of the Respondent.
a�
U)
1-11. MODIFICATION OF RESPONSES
Written modifications will be accepted from Proposers if addressed to the entity and U)
address indicated in the Notice of Request for Competitive Solicitation and received prior to 0
Proposal due date and time. Modifications must be submitted the email address indicated in the 0-
Notice, clearly marked with the Proposers name and "Modification to Proposal — Professional W
Services for Special Assessments [date]" in the subject line.
a�
E
1-12. RESPONSIBILITY FOR RESPONSE; RECEIPT AND OPENING OF
RESPONSES
RFP— Professional Services for Special Assessments
Page 14 of 66
Packet Pg. 1820
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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. U)
2
Responses will be received until the designated time and will be publicly opened. 0
en
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 considered. U)
No responsibility will be attached to anyone for the premature opening of a response not properly U)
addressed and identified. Respondents and their authorized agents may be present. <
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 2
modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not
a�
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 >
0
The County intends to 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 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 U)
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
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
at the option of the County.
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.
Failure to provide adequate information on any criterion may result in rejection of the Response 0
as non-responsive.
c�
LL
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
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
RFP— Professional Services for Special Assessments
Page 15 of 66
Packet Pg. 1821
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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.
a�
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. U)
0
U)
U)
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,
recentness and similarity of experience,verifiability,proximity,financial stability,etc. The scoring
criteria point structure is as follows: 2
0
A
SCORING CRITERIA MAXIMUM POINTS
Tab Points 0
1 Firm Overview 10
2 Experience &Ability 35
CL
3 Staffing 20 CL
4 References 15
5 Price Proposal 20
6 Financial Info. & Litigation Y/N
7 Forms Y/N
Total 100
E
U)
U)
0
Interviews of Respondents (if deemed necessary by County) will have a separate and U)
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
120. U)
U)
0
c�
Note that a Response that is missing the information required in Tab 6 (financial information &
litigation)or Tab 7 (forms)may be rejected as non-conforming,non-responsive or the Respondent U)
may be deemed not responsible in which case points awarded in other areas will become irrelevant
to the final selection. Tabs 6 and 7 do not have a point value; however, failing to include the
required forms shall be grounds for rejection of the Response. a
c�
1-14. TENTATIVE SCHEDULE
W
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— Professional Services for Special Assessments
Page 16 of 66
Packet Pg. 1822
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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
U)
U)
1-15. MANDATORY INSURANCE REQUIREMENTS CL
2
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
in the State of Florida. Companies shall have an A.M. Best rating of A or better.
0
Prior to the commencement of work governed by the contract 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.
U)
The vendor shall provide certificates of insurance showing all of the coverages within ten 0
(10) days of notification that the vendor has been awarded the contract. Failure to provide the M
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 U)
a policy lapses or is renewed. Failure to comply with this provision may result in the immediate 0
suspension of all work until the required insurance has been reinstated or replaced. The vendor is �
responsible for all deductibles and self-insured retentions that may be contained in the Insurance U)
policies. The vendor shall provide, to the County, as satisfactory evidence of the required S
insurance, either: 75
a
0
• Certificate of Insurance or
U_
• A Certified copy of the actual insurance policy.
a�
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.
RFP— Professional Services for Special Assessments
Page 17 of 66
Packet Pg. 1823
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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.
a�
1-16. INDEMNIFICATION, HOLD HARMLESS AND DEFENSES
The successful Respondent 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 parry 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
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, E
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
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.
1-17. AWARD OF CONTRACT 2.1
The County anticipates entering into a Contract Agreement with the Respondent who 0
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.
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 U-
until the date and time set above for the submission of the Responses. Any Response not so W
withdrawn shall constitute an irrevocable offer for a period of six (6) months to provide to the
County the services set forth in this RFP. The County reserves the right to reject all Responses, to E
abandon the project and/or to solicit and re-advertise for other Responses.
RFP— Professional Services for Special Assessments
Page 18 of 66
Packet Pg. 1824
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 .2
of a contract is annulled, the County may award the contract to another Respondent, or the work 0
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. U)
0
U)
U)
1-18. NO SELLING, TRANSFERRING OR ASSIGNING CONTRACT
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. 2
1-19. TERMINATION
Either party may terminate this Agreement because of the failure of the other party to
perform its obligations under the Agreement. COUNTY may terminate this Agreement with or 0
without cause upon thirty (30) days' notice to the CONSULTANT. COUNTY shall pay
CONSULTANT for work performed through the date of termination. 0
1-20. OWNERSHIP OF DOCUMENTS �~
It is understood and agreed that all documents and all data prepared or obtained by the
successful Respondent in connection with its services hereunder 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.
E
U)
1-21. PUBLIC RECORDS COMPLIANCE. U)
U)
The vendor must comply with Florida public records laws, including but not limited to M
Chapter 119,Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County .5
and vendor shall allow and permit reasonable access to, and inspection of, all documents, records, 0
papers, letters or other "public record" materials in its possession or under its control subject to U)
the provisions of Chapter 119, Florida Statutes, and made or received by the County and vendor 0
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 U
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,
as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with 0
that proceeding. This provision shall survive any termination or expiration of the contract. 0-
U-
The vendor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
E
c�
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the vendor is required to:
RFP— Professional Services for Special Assessments
Page 19 of 66
Packet Pg. 1825
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
(1) Keep and maintain public records that would be required by the County to perform the
service.
0
2
(2) Upon receipt from the County's custodian of records,provide the County with a copy of the 0
en
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 vendor does not transfer the records
to the County. CL
LO
2
(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
and exempt from public records disclosure requirements. If the vendor keeps and maintains public 0
records upon completion of the contract, the vendor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County, upon 0
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 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.
U)
U)
If the vendor does not comply with the County's request for records, the County shall enforce the U)
public records contract provisions in accordance with the contract, notwithstanding the County's M
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
request within areasonable time may be subject to penalties under Section 119.10,Florida Statutes. U)
0
2
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
AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12TH Street,
SUITE 408, KEY WEST, FL 33040.
RFP— Professional Services for Special Assessments
Page 20 of 66
Packet Pg. 1826
�
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
[Remainder of Pa2e Left Blank.]
�
REQUEST FOR PROPOSALS:
Cu
�
U-
w
RFP— Professional Services for Special Assessments
Page 21oI66
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
PART 2
0
2
2-1. SCOPE OF SERVICES ads
A. New assessments:
a�
The agreement will cover the development and implementation of non-ad valorem special U)
assessment programs for canal restoration projects and road adaptation/sea level rise U)
projects. The development of the non-ad valorem tax rolls is described in Tasks 1-5 below. <
The agreement between the County and the vendor will cover professional services for
special assessments in general. The County will issue task orders for individual projects 2
as it is ready to proceed. These are expected to be on a canal-by-canal or road-by-road 12
basis. 0
The County anticipates that the following tasks will be required:
d
0
Task 1: Evaluate existing data sources and identify methodologies for developing the
preliminary assessment roll. 0
The Consultant will obtain and review existing data sources such as project area maps, the
Monroe county GIS database and Tier data, Monroe County Property Appraiser's data, ad
valorem tax rolls, and Monroe County Tax Collector data. The Consultant will develop
alternative methodologies for development of each preliminary assessment roll and
recommend the preferred methodology. Alternative methodologies for development the
preliminary assessment roll should include but not be limited to: assessment on a per parcel
or per lot methodology, assessment on a square foot or frontage methodology, and any U)
other methodologies approved for canal restoration and/or sea level rise/road adaptation 0
proj ects. M
Task 2: Develop Preliminary Assessment Roll upon approval of methodology byCL
County.
2
The Consultant will develop the preliminary assessment roll and print, stuff and mail first
class notices to property owners. An electronic summary spreadsheet that include the
property owner's name, address, RE number, AK number, and amount of the assessment
will be provided to the County.,
0
Task 3: Certification of Final Assessment Roll
U_
Consultant will make necessary revisions to the preliminary assessment roll prior to
providing the certified roll to the County's Tax Collector. The Consultant will contact the
Tax Collector at 305-295-5010 to identify the required layout of the final assessment roll
and number of copies to be provided on CD and in hard copies or by other medium as may
be directed by the Tax Collector. Necessary revisions may include:
RFP— Professional Services for Special Assessments
Page 22 of 66
Packet Pg. 1828
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
• Addition of parcels, deletion of parcels, depending on selected methodology for
collection of connection fees for vacant parcels. 2.1
• Adjustments to special assessment allocations following appeals, if any. a)
Task 4: Provide direction to Monroe County for compliance with statutory
requirements associated with collection of special assessment by the uniform method. U)
U)
U)
Consultant will review County ordinances and implementing resolutions associated with
the assessment program and provide assistance with the legal requirements for public
hearings and development of appropriate published notices, as needed. CL
LO
Task 5: Conduct Progress Meetings.
A
Consultant will schedule,plan, and conduct meetings, as necessary. Up to three meetings
which may include period progress meetings with County staff, and one presentation to
the Board of County Commissioners are included in this basic scope of services. 0
0
CL
B. Existing assessment programs. C.
For any assessment program already adopted by the County(e.g.,Canal 266),the following U_
additional Task shall apply:
Task 6: Provide proposal for annual maintenance and certification of non-ad
valorem assessment special assessment rolls.
Consultant shall provide ongoing administrative service for update and maintenance of U)
databases necessary to create and certify the final assessment roll on an annual basis in M
compliance with statutory timeframes.
a�
U)
U)
[Remainder of Pate Left Blank]
U)
U)
a
0
c�
c�
RFP— Professional Services for Special Assessments
Page 23 of 66
Packet Pg. 1829
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
PART
2
REQUIRED RESPONSE FORMS a
U)
U)
0
U)
U)
CL
A
0
0
CL
CL
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
a
0
u
CL
4i
E
c�
RFP— Professional Services for Special Assessments
Page 24 of 66
Packet Pg. 1830
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
SUBMISSION RESPONSE FORM
U)
0
2
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/o PURCHASING DEPARTMENT en
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
U)
KEY WEST, FLORIDA 33040 U)
U)
U)
RESPONSE FROM:
I have included:
2
o The Submission Response Form
o Applicant Acknowledgment Form
o Lobbying and Conflict of Interest Clause
o Non-Collusion Affidavit
o Drug Free Workplace Form o
0
o Public Entity Crime Statement Form
o Vendor Certification regarding Scrutinized Companies
o Certification regarding Debarment, Suspension, �
d
Ineligibility, and Voluntary Exclusion
o Respondent's Insurance and Indemnification Statement
Incl. Hold Harmless
o Insurance Agent's Statement
o Request for Waiver of Insurance Requirements
(if applicable) E
o Acknowledgment of Addenda Form
U)
U)
cu
Mailing Address: Telephone:
Fax: U)
U)
0
Date:
c�
U)
Email: �
Signed: Witness:
(Witness signature)
(Witness printed name)
(Print Name) E
c�
(Title)
RFP— Professional Services for Special Assessments
Page 25 of 66
Packet Pg. 1831
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
MONROE COUNTY BOCC APPLICANT ACKNOWLEDGEMENT:
The undersigned certifies that he/she is a principal or officer of the firm applying for consideration .2
and is authorized to make this acknowledgement and certifications as well as submit solicitation 0
proposals, bids, and responses on behalf of or as the applicant.
a�
U)
U)
0
U)
U)
Signature of Authorized Representative
Title Company Name CL
W
2
Printed Name
a�
A
Date
0
STATE OF )
SS: 0
COUNTY OF ) CL
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
0
(name of affiant). He/She is personally known to me or
76
has produced (type of identification) as identification.
U)
U)
NOTARY PUBLIC 0
My Commission Expires:
U)
U)
a
0
c�
E
c�
RFP— Professional Services for Special Assessments
Page 26 of 66
Packet Pg. 1832
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
VV
(Company)
VV
warrants that he/she/it has not employed,retained or otherwise had act on his/her/its behalf
CL
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 12
or violation of this provision the County may, in its discretion, terminate this Agreement without 0
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".
0
0
CL
CL
(Signature)
9
Date:
U)
STATE OF: E
U)
U)
0
U)
COUNTY OF:
Subscribed and sworn to (or affirmed)before me on (date)by
CL
(name of affiant). He/She is personally known U)
to me or has produced (type of identification) as identification. 2
NOTARY PUBLIC U)
My Commission Expires:
U)
0
c�
E
c�
RFP— Professional Services for Special Assessments
Page 27 of 66
Packet Pg. 1833
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
NON-COLLUSION AFFIDAVIT
0
I, of the city of g
according to law on my oath, and under penalty of perjury, depose and say that: 0
l. I am
U)
U)
of the firm of U)
U)
the bidder making the Response for the project described in the Request for Qualifications for:
2
and I executed the said Response with full authority to do so:
a�
A
2. The prices in this bid have been arrived at independently without collusion
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor; o
3. Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder 0
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; 0.
4. No attempt has been made or will be made 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; and
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.
U)
U)
0
U)
(Signature of Respondent) (Date) M
CL
STATE OF: U)
U)
0
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on (date)by U)
0
(name of affiant). He/She is personally known to me or has
produced (type of identification)as identification.
U)
NOTARY PUBLIC 0
c�
My Commission Expires:
W
c�
RFP— Professional Services for Special Assessments
Page 28 of 66
Packet Pg. 1834
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes, Sec. 287.087 hereby certifies that:
c2
(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 E
will be taken against employees for violations of such prohibition. 0
U)
U)
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaininga drug-free workplace, an available drug counseling,rehabilitation and employee assistance `�
g p � y g g> °cs
programs, and the penalties that may be imposed upon employees for drug abuse violations. CL
2
3. Gives each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection(1). A
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of the
0
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. L
C,
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.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above U)
requirements. 0
U)
U)
M
(Signature of Respondent) (Date)
C,
U)
STATE OF: U)
0
c2
COUNTY OF:
U)
Subscribed and sworn to (or affirmed) before me on (date) by
(name of affiant). He/She is personally known to me or U)
a
0
has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires: E
c�
RFP— Professional Services for Special Assessments
Page 29 of 66
Packet Pg. 1835
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public 0
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor,or CONTRACTOR under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section 287.017, U)
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
U)
U)
I have read the above and state that neither (Proposer's name) nor any Affiliate
has been placed on the convicted vendor list within the last 36 months. 2
2
(Signature)
Date:
0
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of❑ physical presence or❑ online
notarization, this day of , 2023; by (name of affiant).
He/she is personally known to me or has produced (type of identification) as
identification.
U)
U)
0
U)
U)
M
NOTARY PUBLIC
My Commission expires:
U)
U)
0
c2
U)
U)
a
0
c�
E
c�
RFP— Professional Services for Special Assessments
Page 30 of 66
Packet Pg. 1836
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): 0
Respondent Vendor Name:
Vendor FEIN:
0
Vendor's Authorized Representative Name and Title:
U)
Address:
U)
City: State: Zip: U)
Phone Number: ,5
0
Email Address: C,
2
Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or 12
renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on 0
the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, >
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are
d
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the o
Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in
business operations in Cuba or Syria. >
0
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the 0.
Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or C,
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies
with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may
be terminated,at the option of the County,if the company is found to have submitted a false certification or has been
placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran U)
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. 0
Certified By: who is authorized to sign on M
behalf of the above referenced company.
Authorized Signature:
Print Name: UCL
)
Title: U)
Note:The List are available at the following Department of Management Services Site: U
http://www.dms.Lnyflorida.com/business_operations/state pl rchasing/vendor information/convicted_suspended_dis
criminatory complaints vendor lists U)
U)
a
0
c�
E
c�
RFP— Professional Services for Special Assessments
Page 31 of 66
Packet Pg. 1837
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY,AND VOLUNTARY
EXCLUSION
0
c2
U)
U)
0
U)
U)
A
0
0
U)
E
U)
U)
0
U)
U)
M
U)
U)
0
c2
U)
U)
a
0
u
CL
4i
E
c�
RFP— Professional Services for Special Assessments
Page 32 of 66
Packet Pg. 1838
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
APPENDIX A to 44 C.F.R. PART 18, CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements 0
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the U)
undersigned, to any person for influencing or attempting to influence an officer or employee of U)
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a U)
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
a�
A
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of 0
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report 0
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this U)
transaction was made or entered into. Submission of this certification is a prerequisite for U)
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any M
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
U)
U)
The Contractor, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. IN addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative
Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
U)
Date: 0
c�
Signature of Contractor's Authorized Official
a�
Printed Name:
Title:
Approved by OMB
0348-0046
RFP— Professional Services for Special Assessments
Page 33 of 66
Packet Pg. 1839
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
APPENDIX B to 44 CFR PART 18— DISCLOSURE FORM TO REPORT LOBBYING
Disclosure of Lobbying Activities 0
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 �
See reverse for public burden disclosure 0
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 0
a.contract _ a.bid/offer/application X a.initial filing
X_ b.grant _X b.initial award b.material change
c.cooperative agreement c.post-award
d.loan For material change only: �y
e. loan guarantee Year quarter
f. loan insurance Date of last report
0
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, 0
X Prime Subawardee Enter Name and Address of Prime:
Tier if Known:
N/A o
Monroe County Board of County Commissioners
1100 Simonton Street
Key West,FL 33040-3110
Congressional District, i known: FL26 Congressional District, i known: .,
6. Federal Department/Agency: 7. Federal Program Name/Description:
U.S.Department of Justice
Office of Justice Programs
U)
Bureau of Justice Assistance CFDA Number,if applicable: 16.738
a�
E
8. Federal Action Number,if known: 9. Award Amount,if known: U)
0
U)
BJA-2018-13626 $ 13,982 U)
10.a.Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if Z
(if individual, last name,first name, MI): different from No. IOa) CL
(last name,first name, MI): U)
N/A N/A 0
11. Information requested through this form is authorized by
title 31 U.S.C.section 1352. This disclosure of lobbying Signature:
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction Print Name:
was made or entered into.This disclosure is required U)
pursuant to 31 U.S.C.1352.This information will be reported 0
Title: U
to the Congress semi-annually and will be available for public CL
inspection.Any person who fails to file the required U_
disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: W
$10,000 and not more than$100,000 for each such failure.
as
Federal Use Only Authorized for Local Reproduction
Standard Form-LLL(Rev.7-97)
RFP— Professional Services for Special Assessments
Page 34 of 66
Packet Pg. 1840
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
0
c�
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at 2.1
the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 0
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of 0
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a E
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to U)
the implementing guidance published by the Office of Management and Budget for additional information. U)
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to 5
influence the outcome of a covered Federal action. 0
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change A
to the information previously reported,enter the year and quarter in which the change occurred. Enter the 0
date of the last previously submitted report by this reporting entity for this covered Federal action.
0
4. Enter the full name,address,city, State and zip code of the reporting entity. Include Congressional
District,if known. Check the appropriate classification of the reporting entity that designates if it is,or >
expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee 0
of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract 0,
awards under grants. .,
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,
State and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one
organizational level below agency name,if known. For example,Department of Transportation,United
States Coast Guard. E
U)
0
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the U)
full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans, M
and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 U)
(e.g.,Request for Proposal(RFP)number;Invitations for Bid(IFB)number;grant announcement number; 0
the contract,grant,or loan award number;the application/proposal control number assigned by the Federal
agency). Included prefixes,e.g.,"RFP-DE-90-001."
U)
0
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
U)
C
10. (a)Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying 0
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal 0-
action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from
10(a). Enter Last Name,First Name,and Middle Initial(MI).
c�
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
RFP— Professional Services for Special Assessments
Page 35 of 66
Packet Pg. 1841
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless
it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No.0348-0046.
Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for 0
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-
0046),Washington,DC 20503
U)
U)
0
U)
U)
76
CL
A
0
0
CL
CL
U)
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
a
0
U
CL
c�
RFP— Professional Services for Special Assessments
Page 36 of 66
Packet Pg. 1842
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
RESPONDENT'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
2
Worker's Compensation Statutory 0
Employers Liability $1,000,000 Bodily Injury by
Accident
$1,000,000 Bodily Injury by Disease U)
Policy Limits U)
$1,000,000 Bodily Injury by <
Disease, each employee
a�
General Liability, including $4,000,000 Combined Single Limit 2
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
d
0
Business Automobile Liability $1,000,000 Combined Single Limit
(Owned, non-owned, hired vehicles) 0
Professional Liability $2,000,000 per Occurrence
$4,000,000 Aggregate
Builder's Risk: Required Limits equal to the full replacement
value of the completed structures
a�
E
U)
U)
0
U)
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements M
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 U)
proceedings, or other proceedings relating to any type of injury (including death), loss, damage 2
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 parry by reason of, or in connection with,
(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, U)
errors or other wrongful act or omission of vendor or any of its employees, agents, sub-contractors 0
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, W
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
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— Professional Services for Special Assessments
Page 37 of 66
Packet Pg. 1843
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
2
In the event that the completion of the project (to include the work of others) is delayed or 0
en
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. 0
Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the U)
plans and specifications provided by the vendor, the vendor agrees and warrants that the vendor U)
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.
a�
CL
LO
The first ten dollars($10.00)of remuneration paid to the vendor is for the indemnification provided 2
for the above.
A
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere in the Agreement.
d
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full CL
CL
with all the requirements.
Respondent Signature
U)
INSURANCE AGENT'S STATEMENT
E
I have reviewed the above requirements with the bidder named above. The following deductibles apply to U)
the corresponding policy. U)
M
POLICY DEDUCTIBLES
a�
U)
U)
0
c2
U)
U)
a
0
U
Liability policies are Occurrence Claims Made CL
U-
4i
Insurance Agency Signature
E
c�
Print Name:
RFP— Professional Services for Special Assessments
Page 38 of 66
Packet Pg. 1844
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
ACKNOWLEDGMENT OF ADDENDUM
As the person authorized to sign the statement, I certify that this firm acknowledges any and all 2.1
addenda that may have been issued as part of this bid. All addenda are issued via 0
www.demandstar.com
ADDENDUM NO. DATED U)
ADDENDUM NO. DATED U)
U)
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED CL
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
ADDENDUM NO. DATED
0
Date:
0
Applicant's Signature
Applicant's Name
E
Applicant's Title
a�
Company Name
2
0
c�
LL
E
c�
RFP— Professional Services for Special Assessments
Page 39 of 66
Packet Pg. 1845
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Part 4, Draft Agreement
AGREEMENT FOR PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
This Agreement ("Agreement") made and entered into this day of
2023 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').
A
WITNESSETH: >
WHEREAS, the COUNTY is in need of a firm to provide professional services for
special assessments; and
0
WHEREAS, on 2023, the COUNTY issued a Request for
Proposals ("RFP") seeking qualified responsible and responsive proposals for providing
services as described in the RFP; and
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 U)
of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: M
FORM OF AGREEMENT
U)
U)
0
ARTICLE I
U)
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express 0
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 E
CONTRACTOR'S duties hereunder have been fully satisfied;
RFP— Professional Services for Special Assessments
Page 40 of 66
Packet Pg. 1846
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
1.1.2 The CONTRACTOR has become familiar with the site(s) and the local conditions
under which the Project is to be completed.
2
2.1
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 U)
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.
A
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 0
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating
the provisions of such services, including those now in effect and hereinafter 0
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the 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.
CL
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 U
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 U),
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
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
RFP— Professional Services for Special Assessments
Page 41 of 66
Packet Pg. 1847
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
SCOPE OF BASIC SERVICES
2
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 describes 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.
2.2 NOTICE REQUIREMENT 0
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
pre-paid, to the COUNTY by certified mail, return receipt requested, to the
following:
Ms. Rhonda Haag
Chief Resilience Officer
U)
U)
0)
U)
With a copy to:
Monroe County Attorney's Office
1111 12t" St. Suite 408
Key West, FL 33040 U)
0
2
For the CONTRACTOR:
U)
U)
a
0
c�
c�
RFP— Professional Services for Special Assessments
Page 42 of 66
Packet Pg. 1848
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
ARTICLE III
ADDITIONAL PRODUCTS AND SERVICES
2
2.1
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 U)
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
Board of County Commissioners.
0
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide complete and accurate information and cooperation
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 U)
CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential
progress of the CONTRACTOR'S services. M
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- U)
conformance with the Agreement Documents. Written notice shall be deemed to 0
have been duly served if sent pursuant to paragraph 2.3.
U)
0
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. 0
c�
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.
RFP— Professional Services for Special Assessments
Page 43 of 66
Packet Pg. 1849
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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.
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 0
or suspended as a result of the CONTRACTOR'S failure to purchase or maintain
the required insurance, the CONTRACTOR shall indemnify COUNTY from any 0
and all increased expenses resulting from such delays.
5.4 This indemnification shall survive the expiration or early termination of the
Agreement.
U)
ARTICLE VI
PERSONNEL U)
0
U)
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service
concerning the project.
2
ARTICLE VII
COMPENSATION and TERM U),
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,
each of which shall be incorporated in each Task Order issued by the County.
7.2 PAYMENTS
RFP— Professional Services for Special Assessments
Page 44 of 66
Packet Pg. 1850
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 U)
rendered. The CONTRACTOR'S invoice shall describe with reasonable U)
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.
A
7.3 BUDGET AND REIMBURSEABLE EXPENSES
7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not 0
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 0
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 M
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 2
The initial term of this Agreement is for a five (5) year period commencing upon
final execution of the Agreement by the Parties ("Effective Date"). This Agreement U),
may be renewed upon mutual agreement of the parties for up to five (5) 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.
E
c�
RFP— Professional Services for Special Assessments
Page 45 of 66
Packet Pg. 1851
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
ARTICLE VIII
INSURANCE
2
2.1
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
LO
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 U)
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
CL
en
Coverage Minimum Limits Form #
Workers' Compensation Statutory 2
Employers Liability $500,000/$500,000/$500,000 WC2 A
Commercial general $1,000,000 GI-3 >
Liability
Vehicle Liability $300,000 VI-2
0
Professional Liability $1,000,000/$2,000,000 PR03
C ber Liability $1,000,000 CL1
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of A 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 E
acceptable to the COUNTY and shall be in a form acceptable to the COUNTY.
U)
M
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient U)
to respond to Florida Statute 440 (See Form WC2).
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 U)
Disease, policy limits, $100,000 Disease each employee (See Form WC2).
C. General Liability Insurance, 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 $1,000,000 Limits (See Form GL3).
RFP— Professional Services for Special Assessments
Page 46 of 66
Packet Pg. 1852
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 2.1
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 U)
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)
F. COUNTY shall be named as an additional insured with respect to 0
CONTRACTOR'S liabilities hereunder in insurance coverages identified in
Paragraphs C. 0
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. ,
U)
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an U)
additional insured. The COUNTY reserves the right to require a certified copy
of such policies upon request. M
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 U)
submit updated financial statements from the fund upon request from the 2
COUNTY.
ARTICLE IX
MISCELLANEOUS
0
9.1 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.
RFP— Professional Services for Special Assessments
Page 47 of 66
Packet Pg. 1853
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
9.2 SUCCESSORS AND ASSIGNS
0
The CONTRACTOR shall not assign or subcontract its obligations under this .
2.1
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
ra
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
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.
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) U)
calendar days' notice and provide the CONTRACTOR with an opportunity to 0
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
completion to the COUNTY exceeds the funds remaining in the contract;
however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR
shall not in any event exceed the spending cap in this Agreement. 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.
RFP— Professional Services for Special Assessments
Page 48 of 66
Packet Pg. 1854
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 �?
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,
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 0
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met. 0
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 U)
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 M
conditions of Section 287.135(4), Florida Statutes, are met.
n�
9.5 PUBLIC ENTITIES CRIMES U)
U)
0
2
A person or affiliate who has been placed on the convicted vendor list following a 2.1
conviction for public entity crime may not submit a bid on contracts to provide any U)
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 a
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
RFP— Professional Services for Special Assessments
Page 49 of 66
Packet Pg. 1855
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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
CONTRACTOR has been placed on the convicted vendor list.
CL
CONTRACTOR will promptly notify the COUNTY if it or any 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
0
CONTRACTOR shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted 0
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
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 U)
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the
monies together with interest calculated pursuant to Sec. 55.03, of the Florida M
Statutes, running from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES U)
2
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 U),
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
RFP— Professional Services for Special Assessments
Page 50 of 66
Packet Pg. 1856
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 U)
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.
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 0
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket 0
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. U)
0
U)
9.13 AUTHORITY
76
.5
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 U),
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
c�
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
RFP— Professional Services for Special Assessments
Page 51 of 66
Packet Pg. 1857
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
each of the parties. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not 2.1
subject to arbitration. This provision does not negate or waive the provisions of
paragraph 9.4 concerning termination or cancellation.
9.16 COOPERATION U)
0
U)
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.
0
9.17 NONDISCRIMINATION 76
0
CONTRACTOR and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. CONTRACTOR or COUNTY agrees to comply ,
with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis U)
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 M
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- U)
6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office 0
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 U),
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,
RFP— Professional Services for Special Assessments
Page 52 of 66
Packet Pg. 1858
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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
U)
U)
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. CL
en
9.19 CODE OF ETHICS
A
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 0
limited to, solicitation or acceptance of gifts; doing business with one's agency; ra
unauthorized compensation; misuse of public position, conflicting employment or 0-
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 U)
without liability and may also, in its discretion, deduct from the contract or purchase 0
price, or otherwise recover the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee."
CL
9.20 NO SOLICITATION/PAYMENT U)
2
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 U),
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 U)
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.
RFP— Professional Services for Special Assessments
Page 53 of 66
Packet Pg. 1859
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Public Records Compliance. CONTRACTOR must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 2.1
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.
0
The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision. 0
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
CONTRACTOR is required to:
(1) Keep and maintain public records that would be required by the County
to perform the service. ,
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this U)
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt M
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. U)
(4) Upon completion of the contract, transfer, at no cost, to the County all 2
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 U),
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,
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
RFP— Professional Services for Special Assessments
Page 54 of 66
Packet Pg. 1860
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
requested records, the County shall immediately notify the CONTRACTOR of the
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 U)
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. CL
2
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF 0
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR 'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-
292-3470 BRADLEY-BRIAN(ci-)MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 121" 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 U)
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. U)
0)
2
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 0
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.
c�
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
RFP— Professional Services for Special Assessments
Page 55 of 66
Packet Pg. 1861
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 2.1
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 U)
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 0
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 0
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 wage rates U)
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 2
Agreement.
U)
9.27 NO PERSONAL LIABILITY
U)
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
c�
9.28 EXECUTION IN COUNTERPARTS
RFP— Professional Services for Special Assessments
Page 56 of 66
Packet Pg. 1862
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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
U)
U)
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 0
shall comply with and be subject to the provisions of F.S. 448.095.
0
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 E
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 U)
Project; (d) government order or law in the geographic area of the Project; (e) M
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 U)
inability to perform, changes in cost or availability of materials, components, or 0
services, market conditions, or supplier actions or contract disputes will not excuse 2.1
performance by Contractor under this Section. Contractor shall give County written U)
notice within 7 days of any event or circumstance that is reasonably likely to result
in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable 0
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.
RFP— Professional Services for Special Assessments
Page 57 of 66
Packet Pg. 1863
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 E
U)
U)
0
U)
U)
By: By:
As Deputy Clerk Mayor/Chairman
CL
(Seal) CONTRACTOR
Attest:
BY: By:
0
Title: Title:
0
END OF AGREEMENT
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
a
0
U
CL
c�
RFP— Professional Services for Special Assessments
Page 58 of 66
Packet Pg. 1864
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Attachment A- Scope of Services
2
(Attach Part 2)
U)
U)
0
U)
U)
CL
A
0
0
CL
CL
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
a
0
u
CL
c�
RFP— Professional Services for Special Assessments
Page 59 of 66
Packet Pg. 1865
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Attachment B- Contractor Proposal
2
U)
U)
0
U)
U)
76
.5
A
0
0
CL
CL
U)
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
0
u
CL
4i
E
c�
RFP— Professional Services for Special Assessments
Page 60 of 66
Packet Pg. 1866
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
Attachment C
Required Clauses from 2 CFR part 200
2
A
0
0
CL
CL
E
U)
U)
0
U)
U)
M
CL
U)
U)
0
2
U)
U)
0
U
CL
c�
RFP— Professional Services for Special Assessments
Page 61 of 66
Packet Pg. 1867
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 U)
subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for
Florida registered SBEs at:
http://www.dms.myf ori a.com/ inistration/office of supplier diversity os
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.
0
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. U)
Records shall be made available during normal working hours for this purpose.
U)
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 U)
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.
U)
Contractor shall comply with federal and/or state laws authorizing an audit of
Contractor's operation as a whole, or of specific Project activities.
U)
a
0
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)). E
c�
During the performance of this Agreement, the CONTRACTOR agrees as follows:
RFP— Professional Services for Special Assessments
Page 62 of 66
Packet Pg. 1868
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender 2.1
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 U)
not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants 0
will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin. 0
(3) The contractor will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee
or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This ,
provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of U)
such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to M
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. U)
2
(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 U),
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
RFP— Professional Services for Special Assessments
Page 63 of 66
Packet Pg. 1869
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
(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 2.1
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.
U)
U)
(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.
0
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:
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, U)
developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part M
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 U)
agency.
n
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
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�
C. Debarment and Suspension (Executive Orders 12549 and 12689)—
A contract award (see 2 CFR 180.220) must not be made to parties listed
RFP— Professional Services for Special Assessments
Page 64 of 66
Packet Pg. 1870
0.7.a
REQUEST FOR PROPOSALS:
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
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 2.1
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. U)
0
U)
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 0
with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award. 0
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
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 U)
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 M
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 U
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.
RFP— Professional Services for Special Assessments
Page 65 of 66
Packet Pg. 1871
�
PROFESSIONAL SERVICES FOR SPECIAL ASSESSMENTS
�
REQUEST FOR PROPOSALS:
�
U-
w
RFP— Professional Services for Special Assessments
Page 66oI66