Item C07 C.7
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: C.7
Agenda Item Summary #11782
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305)289-6325
N/A
AGENDA ITEM WORDING: Approval to advertise a request for proposals (RFP) for Emergency
Management Consulting Services
ITEM BACKGROUND: Monroe County seeks the services of a consulting firm to assist the
County with emergency management consulting services that may include, but not be limited to
the following: emergency management and disaster recovery services, continuity of operations
(COOP) and continuity of government (COG) planning; all hazard training, planning and
preparedness; incident management support teams; technical, administrative and training
support to assist the County with damage assessment and disaster recovery project estimation.
The services must comply with the requirements of FEMA, the State of Florida, and any other
applicable laws and regulations.
PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC approved a similar RFP and
awarded an emergency management consulting services contract in 2018. The current contract is set
to expire September 18th 2023.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2023 RFP EM Consulting Services Monroe County 2.16.2023 AGENDA ITEM
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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C.7
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
To be determined
REVIEWED BY:
Shannon Weiner Completed 02/21/2023 11:19 AM
Christina Cory Completed 02/21/2023 2:33 PM
Purchasing Completed 02/21/2023 3:10 PM
Budget and Finance Completed 02/21/2023 3:51 PM
Brian Bradley Completed 02/21/2023 4:14 PM
Lindsey Ballard Completed 02/22/2023 9:39 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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C.7.a
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MON ROE COUNTY U)
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REQUEST FOR PROPOSALS
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FOR
EMERGENCY MANAGEMENT CONSULTING SERVICES Cr
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BOARD OF COUNTY COMMISSIONERS
Mayor, Craig Cates, District 1
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Mayor Pro Tem, Holly Merrill Raschein, District 5
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Michelle Lincoln, District 2
Jim Scholl, District 3
David Rice, District 4
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COUNTY ADMINISTRATOR
Roman Gastesi
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CLERK OF THE CIRCUIT COURT EMERGENCY MANAGEMENT
Kevin Madok, CPA DEPARTMENT 0.
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Due Date: May 15, 2023, 3:00 p.m.
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TABLE OF CONTENTS
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SECTION ONE LEGAL NOTICE— Request for Competitive Solicitation
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SECTION TWO GENERAL INFORMATION
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SECTION THREE INSTRUCTIONS TO PROPOSERS
SECTION FOUR COUNTY FORMS AND INSURANCE FORMS
A. Response Form
B. Lobbying and Conflict of Interest Form
C. Non-Collusion Affidavit
D. Drug-Free Workplace Form 0
E. Public Entity Form
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F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement
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SECTION FIVE DRAFT AGREEMENT
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SECTION ONE: LEGAL NOTICE — REQUEST FOR COMPETITIVE SOLICITATION
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS CL
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NOTICE IS HEREBY GIVEN that on May 15, 2023, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
EMERGENCY MANAGEMENT CONSULTING SERVICES
MONROE COUNTY, FLORIDA
Pursuant to F.S. § 50.0211(3((a), all published competitive solicitation notices can be viewed at:
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia
at www.demandstar.com OR www.monroecoun com or call toll-free at 1-800-711-1712. The
Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100
Simonton Street, Room 2-213, Key West, Florida.
All responses must be sealed and must be submitted to the Monroe County Purchasing Office.
Publication Dates N
Citizen: Sat., 04/01/23 Ci
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SECTION TWO: GENERAL INFORMATION
1. Objective of the Request for Proposals (RFP).
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Monroe County desires the services of a consulting firm to assist the County with emergency management
consulting services that may include, but not be limited to the following: emergency management and disaster
recovery services, continuity of operations (COOP) and continuity of government (COG) planning, all hazard 0
training, planning and preparedness, incident management support teams, technical, administrative and training
support to assist the County with damage assessment and disaster recovery project estimation. The services
must comply with the requirements of FEMA, the State of Florida, and any other applicable laws and regulations.
Applicability of the Public Records Act and Sunshine Law
All submittals and supplemental information obtained in response to this RFP are subject to the Florida Public
Records Act and Sunshine Law and will be made available after the agency provides notice of a decision or
intended decision or within 30 days after bid or proposal opening, whichever is earlier, upon request by any
person or firm. '
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General Requirements for the Consultants CL
Consultants interested in performing these services must exhibit considerable relevant experience with this type
of work, and should emphasize both the experience and capability of the specific personnel who will actually 2
perform the work.
2. Background Information
Monroe County is a non-charter county and a political subdivision of the State of Florida. The County
population is approximately 82,000. The Board of County Commissioners is the governing body and has all
the powers and authorities under Chapter 125 and Chapter 252. N
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Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a
portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching
from Key West up to the mainland. In addition to the unincorporated county, there are five municipalities in the
Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information about the to
demographics of the County can be found here: http://www.monroecounty-fl.gov/index.aspx?NID=27 .
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Approximately one-third of the population is situated in the City of Key West, which is the county seat; 0
however, the County offers services throughout the Keys, and has government buildings throughout the Lower
Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and
Key Largo) in addition to Key West, with employees stationed in all locations.
The County's emergency management operations are directed by the Emergency Management department.
The website for the County's Emergency Management department is here:
http://www.monroecoun!yem.com/782/Emergency-Manageme t/
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Monroe County follows the National Incident Management System (NIMS) and Incident Command System U
(ICS). A copy of the County's Comprehensive Emergency Management Plan, adopted by the Board of County
Commissioners and approved by the State of Florida Division of Emergency Management in accordance with
Rule 27P-6.0023 of the Florida Administrative Code, is available on the County's website at
www.monroecounty-fl.gov.
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SECTION THREE: INSTRUCTIONS TO PROPOSERS
1. Scope of Services U)
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Emergency management consultant services to be provided may include, but not be limited to the following:
emergency management and disaster recovery services, continuity of operations (COOP) and continuity of
government (COG) planning, all hazard training, planning and preparedness, incident management support
teams, technical, administrative and training support to assist the County with damage assessment, disaster
recovery project estimation, project worksheet (PW) development, grant management, appeals, FEMA force
account and small and large project document assembly, and federal procurement requirements review, etc.
The Scope of Services may include any or all of the following:
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a) All Hazard Planning and Training:
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In coordination with County staff, identify training needs and develop a training program to prepare
personnel for emergencies including but not limited to emergency planning and preparedness, position
specific ICS (incident command system) and EOC (emergency operations center)functions and recovery
operations.
b) Incident Management/EOC Support Team Services:
These services will allow the County to maintain continuity of government and continuity of operations
while effectively managing the incident/disaster. When requested, the Consultant will provide staff
support in the way of:
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• Emergency Support Function (ESFs) positions
• Operations, Planning, Logistics, and Finance - Section Chiefs, Branch Directors & 17
Division/Group Supervisors and Unit Leaders
Recovery - Short-term recovery operations support
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2. Required Qualifications 0
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The prospective Proposers must meet the statutorily prescribed requirements before award of Contract by the 20
County. Proposers must also hold or obtain all licenses and/or certificates as required by State and Local Wo
Statutes in order to bid and perform the work specified herein.
3. Proposer's Understanding
Each Proposer must inform himself of the conditions relating to the execution of the work and make himself
thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Proposer of 5
his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract c)
Documents.
Each proposer shall inform himself of, and the Proposer awarded a Contract shall comply with federal, state,
and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is CN
not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of N
labor, protection of public and employee safety and health, environmental protection, the protection of natural
resources, fire protection, permits, fees, and similar subjects.
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4. Attachments
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Proposer shall complete and submit the following forms (located in Section Four) with the proposal: 0.
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A. Response Form
B. Lobbying and Conflict of Interest Form
C. Non-Collusion Affidavit
D. Drug-Free Workplace Form
E. Public Entity Form
F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement
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5. State and Local Sales and Use Taxes
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Monroe County, as a political subdivision of the State of Florida, is statutorily exempt from all sales and use
taxes. Prices quoted in the Proposal shall be exclusive of all sales and use taxes.
6. Requests for Additional Information or Clarification
Requests for additional information or clarification relating to the specifications of this Request for Proposals
shall be submitted in writing via fax or e-mail only directly to:
Jeff Manning, FPEM
Sr. Planner, Monroe County Emergency Management
490 63,d St. Suite 150 CN
Marathon, FL 33050
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Fax: 305-289-6325
Manning-Jeff@monroecounty-fl.gov U
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All requests for additional information must be received no later than 3:00 PM, on April 141h 2023. Any 0
requests received after that date and time will not be answered. All questions received prior to the deadline U)
will be answered to the best of the County's ability and will be distributed to all interested Proposers in the form
of an Addendum to this RFP. All Addenda will be posted on Demand Star on or before close of business on
April 2111, 2023. All questions must be submitted in writing. Oral requests will not be answered.
All addenda will become part of this RFP and each Proposer will be bound by such addenda. It is the
responsibility of each Proposer to verify that he/she has received all addenda issued before responses are
opened. U
7. Submission of Proposals
To be considered, please submit proposals as indicated in the Notice of Request for Competitive Solicitations M
by no later than 3:00 p.m. on May 15t'', 2023. Late submittals will not be considered. The respondent shall bear N
all costs associated with the preparation and submission. Information submitted in response to this RFP will
become the property of the County and is subject to Florida public records law.
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8. Format of Proposal
A. Cover Page
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A cover page that states "PROPOSAL FOR EMERGENCY MANAGEMENT CONSULTING SERVICES" must
be included. The cover page should contain Proposer's name, address, telephone number, and the name of the
Proposer's contact person(s).
B. Tabbed Sections. The proposal must include the following tabbed sections:
Tab 1. Executive Summary
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The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrate how the
firm will work with the County to fulfill the requirements of this Project. Describe the firm's methods of
providing Emergency Management Consulting Services consistent with FEMA regulations, rules, and 0
methods. 76
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Tab 2. Past Performance on Similar Projects
The Proposer shall provide a project history of the firm or organization demonstrating experience with
projects that are similar in scope and size. The Proposer shall also provide a list of representative past
projects over the past five (5) years. For each, include the following:
• Name and full address of the referenced project client;
• Name and telephone number of client contact for referenced project;
• Date of initiation and completion of contract; N
• Summary of the project and services.
In this section, include at least two (2) letters of reference from governmental clients for whom you have
done work within the past five (5) years.
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Tab 3. Project Approach 0
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The Proposer shall describe the approach and methodology it will use to accomplish the work defined 0
herein (described in Scope of Work above).
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Tab 4. Staffing and Qualifications of Firm and Key Personnel
Proposer shall describe the composition and structure of the firm and include names of persons with an
interest in the firm.
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Proposer shall include a list of the proposed staff that will perform the work required if awarded this c0
contract. An organizational chart and management plan should be included in this section. The Proposer
shall also include minimum qualifications for each class of employee of the project team and identify
his/her role on the team. Include in this section the location of the main office and the location of the office LL
proposed to work on this project.
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Proposer shall include in this section the number of disaster services contracts they currently hold in: (1) Zi
south Florida; (2) the state of Florida; and (3) the southeast United States. Proposer shall provide
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information of resources and capability to meet the needs of multiple contracts in the event of a major
event that impacts the region.
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Tab 5. Cost/Fee Proposal. 0.
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Proposer shall provide a cost proposal, which shall list the employees required to meet the Scope of
Services and hourly rates for each of the employees. Any other fees, costs or expenses not included in 0
the hourly rates shall be itemized at the bottom.
Tab 6. Litigation, References, and Financial Information
In accordance with Section 2-347(h) of the Monroe County Code, under this tab, the Proposer must
provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a 0
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, names(s) of owner(s);
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(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) Answers to the following questions regarding claims and suits:
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a. Has the person, principals, entity, or any entity previously owned, operated or c�
directed by any of its officers, major shareholders or directors, ever failed to complete 17
work or provide the goods for which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity previously U
owned, operated or directed by any of its officers, directors, or general partners? If yes, 0
provide details;
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c. Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within the last
five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract
for services, goods or construction services similar to those requested in the
specifications with private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or
directed by any of its officers, owners, partners, major shareholders or directors, ever
initiated litigation against the county or been sued by the county in connection with a U
contract to provide services, goods or construction services? If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director,
general partner, principal, controlling shareholder or major creditor of any other entity N
that failed to perform services or furnish goods similar to those sought in the request for N
competitive solicitation;
f. Customer references (minimum of three from governmental entities), including name,
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current address and current telephone number;
g. Credit references (minimum of three), including name, current address and current
telephone number; and
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h. Financial statements for the prior three years for the responding entity or for any 0-
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entity that is a subsidiary to the responding entity.
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Tab 7. Other Information
Behind this tab, the Proposer may provide any additional information, not covered in other tabbed
sections, that provide further information regarding the Proposer's overall abilities.
Tab 8. Forms. Under this tab, include the following forms, found in Section Four of this RFP.
• Submission Response Form
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• Lobbying and Conflict of Interest Ethics Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Request for Waiver of Insurance Requirements
All Proposals received as a result of this RFP are subject to Chapter 119, Florida Statutes and will be
made available for inspection by any person in accordance with Florida Statutes. Any Proposer
asserting that any portion of its Proposal is confidential or exempt from disclosure under Florida's M
public records laws must specifically identify the portions of the Proposal asserted to be confidential
and must provide specific citations of the Florida Statutes that establish the confidentiality or17
exemption. N
All material that is designated as confidential or exempt from Chapter 119 (e.g., financial information) 0
must be submitted in a separate e-mail (using the method outlined in the Notice of Request for U
Competitive Solicitations) but with the word "confidential" in the body of the e-mail.
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9. Modification or Withdrawal of Proposals
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Any RFP may be withdrawn at any time if withdrawn at least one (1) hour prior to the submission deadline
provided that the withdrawal is requested in writing, properly executed by the Proposer and received by Owner MW
prior to Proposal Opening. The withdrawal of a Proposal will not prejudice the right of a Proposer to file a new
Proposal prior to the time specified for Bid opening.
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10. Evaluation Criteria U
A Selection Committee will be convened to review and rank the Proposals. The Proposals will be evaluated
based on the following criteria.
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Tab Points
1 Executive Summary 5
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2 Past performance on similar projects, 20
including client references
3 Project Approach 5
4 Staffing and Qualifications of Firm and Key 20 points 0.
Personnel
5 Cost of services/fee proposal 30
6 Litigation and financial information 5
7 Other Information 10
8 Forms 5 to 0
Total 1 100 points
The recommendation of the Selection Committee will be presented to the Board of County
Commissioners. Selection is contingent upon the negotiation of a mutually acceptable contract with the
highest ranked proposer (if unsuccessful, then with the second highest ranked proposer, etc.).
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11. Award of Contract 0
The County will accept one of the Proposals or will act in accordance with the following paragraphs. The
acceptance of the Proposal will be by written Notice of Award, mailed to the office designated in the Proposal,
or delivered to the Proposer's representative. In the event of failure of the selected Proposer to sign a
proposed Contract and provide acceptable insurance certificate(s) and evidence of holding required licenses
and certificates, the County may award the Contract to the second ranked Proposer. The County reserves the
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right to accept or reject any or all Proposals, and to waive any informalities and irregularities in said
Proposals.
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The successful proposer will be expected to enter into a contract substantially similar to the draft agreement17
attached to Section Five of this RFP. N
The County reserves the right to reject any and all proposals, or any part of a proposal. The County reserves the t=
right to waive variations from the specifications that do not render the proposal non-conforming, to re-advertise
for competitive solicitations, or to abandon the project, purchase of goods, or request for competitive solicitations. 0
The County retains the right to disregard non-conformities, non-responsive proposals, or conditional proposals 5
in the best interest of the County. 2
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In evaluating Proposals, the County shall consider the qualifications of the proposers, the responses to the
ranking criteria, and whether or not the Proposals comply with the prescribed requirements in the Proposal
Documents.
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The County may conduct such investigations, as deemed necessary to assist in the evaluation of any Proposal to
and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subcontractors,
and other persons or organizations to do the Work in accordance with the Contract Documents to the County 's
satisfaction within the prescribed time.
The County reserves the right to request any additional information related to the financial qualifications, N
technical competence,the ability to satisfactorily perform within the contract time constraints, or other information `N
the department deems necessary to enable the department and Board of County Commissioners to determine
if the person responding is responsible.
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The County reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to
its satisfaction.
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If the Contract is awarded, it will be awarded to the best, conforming responsible, responsive Proposer, based
on the ranking criteria provided herein, with consideration to local businesses.
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If the Contract is to be awarded, the County will issue the Notice of Award to the successful Proposer within
ninety (90) days after the date of receipt of proposals. The County reserves the right to return all Proposals, notCr
make any awards, and cancel the Project. The County reserves the right to not accept any proposals and
advertise another RFP for the job.
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The County is tax exempt and reserves the right to purchase directly various materials and equipment that may
be a part of the Contract. If the County elects to make a particular purchase, the County will, via a Purchase
Contract, purchase the materials and equipment, and the Contractor shall assist the County in the preparation
of these Purchase Contracts, including providing to the County appropriate tax credits. The Contractor agrees
that the amount of the purchase and the appropriate tax credit will be the subject of a deductive change order in
recognition of the fact that the purchase and taxes were computed into the contractor's costs and such deduction 8.
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will be noted via an amendment to the Contract.
Tie Breaker Procedure: In the event the same competitive solicitation amounts are received from two (2) or more ED
responders who are considered by the BOCC to be equally qualified and responsive or when two (2) or more
responders are equal in rank and score, the tie will be resolved by draw from an opaque container.
Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must be received by the
County within seventy-two (72) hours or three(3) business days,whichever is less, after the posting of the Notice
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of Decision or Intended Decision on DemandStar or posting of the Notice of Decision or Intended Decision on
the Monroe County Board of County Commissioner' agenda,whichever occurs first. Additionally, a formal written C;
protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72)
hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award
of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims U
is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. 00
In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners LE
Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing 20
the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order Wo
to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the .
Commission and a person representing an organization has five (5) minutes to address the Commission. The
BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times
prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined E
that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation,
negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do a
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12. Disqualification of Proposer
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A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation CN
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must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists
among the Proposers, the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals for the same work.
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B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public entity for the 00.
construction or repair of a public building or public work, may not submit Proposals on leases or
perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided 0
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to
this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her
proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result
in immediate disqualification of the bid or proposal.
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D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF
INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification of the bid or
proposal. 2
13. Governing Laws and Regulations
The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and
local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the
work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County
are the responsibility of the Proposer.
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14. Responsibility for Response N
The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of
whether a contract award is made by the County. L)
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15. Certificate of Insurance 0
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The successful agent(s) shall be required to maintain the types and amounts of insurance coverage as 0
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after 2.1
award of contract, with Monroe County BOCC listed as additional insured for the liability coverages. If the
proper Certificates of Insurance are not received within the fifteen (15) day period, the contract may be
awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the
State of Florida and having an agent for service of process in the State of Florida. All insurance companies
shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while t0
Proposer is providing service to County.
Worker's Compensation -- Minimum acceptable limits
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Workers' Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,0000.
Bodily Injury by Disease, each employee $100,000
General Liability, including 0
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
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Minimum acceptable limits $1,000,000 CSL
Monroe County shall be named as an Additional Insured on the General Liability policy. 0
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Vehicle Liability providing coverage for all owned, non-owned and hired vehicles
Minimum acceptable limits $1,000,000 CSL
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
16. Indemnification
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The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined "
below. 17
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The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including 0
death, personal injury, and property damage, including damage to property owned by Monroe County, and any U
other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which 0-
arise out of, in connection with, or by reason of services provided by the Proposer or any of its 0
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its
Subcontractor(s), their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Proposer/Vendor's failure to purchase
or maintain the required insurance, the Proposer/Vendor shall indemnify the County from any and all increased
expenses resulting from such delay.
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The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification t0
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
17. Women, Minority-owned and veteran-owned business enterprises. The County strongly encourages the N
use of women-, minority- and veteran-owned business enterprises (SBEs) and wishes to see a minimum of
25% of the contract or subcontracts awarded pursuant to this RFP go to SBEs. Contractors may search for
Florida registered SBEs at:
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http://www.dms.myflorida.com/agency administration/office of supplier diversity osd
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Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to
use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must submit proof of
the registration or certification from the local authority in order to receive credit for the use of the SBE.
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18. 2 CFR PART 200
The County anticipates that a portion of the funds used to pay for these services will come from federal
awards, as that term is defined in 2 Code of Federal Regulations (CFR) part 200. As such, the County will
require the successful proposer to enter into an agreement containing the provisions outlined in this RFP,
including the Sample Agreement. If for any reason the Sample Agreement is not used, the vendor will be
expected to enter into a similar agreement or rider containing the terms and conditions required by 2 CFR part
200, including Appendix II to 2 CFR part 200 (Contract Provisions for Non-Federal Entity Contracts under 0
Federal Awards). 76
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SECTION FOUR: COUNTY FORMS AND INSURANCE FORMS
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RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-2130.
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
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❑l acknowledge receipt of Addenda No.(s)
1 have included:
• Response Form ❑
• Lobbying and Conflict of Interest Clause ❑
• Non-Collusion Affidavit ❑
• Drug Free Workplace Form ❑
• Public Entity Crime Statement ❑
76
• Copy of business tax receipt from the Tax Collector's office ❑
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❑I have included a current copy of the following professional licenses and business tax receipts:
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.ora).
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Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity "
Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida
Department of State, Division of Corporations. CN
Mailing Address: Telephone: t0
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Fax: Date 0
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Signed: Witness:
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(Print Name)
(Title)
STATE OF: °
COUNTY OF: U)
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Subscribed and sworn to (or affirmed) before me on U
(date) by (name of affiant). He/She is personally known to me or has
produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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C.7.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE 1
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SWORN STATEMENT UNDER ORDINANCE NO. 010-19900.
MONROE COUNTY, FLORIDA
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ETHICS CLAUSE
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation 0
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the 8.
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former County officer or employee."
(Signature)
Date:
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STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on U
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(date) by (name of affiant). He/She is personally known to
me or has produced (type of identification) as identification
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NOTARY PUBLIC
My Commission Expires:
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NON-COLLUSION AFFIDAVIT
I, of the county of according to law on my oath, and
under penalty of perjury, depose and say that0.
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1.1 am of the firm of
the bidder making the Proposal for the project
described in the Request for Proposals for and that I
executed the said proposal with full authority to do so;
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;
3.Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and 0
76
4.No attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5.The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF: N
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Subscribed and sworn to (or affirmed) before me on
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(date) by (name of affiant). He/She is personally known to me or has U
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
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(Name of Business)
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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 will be taken
against employees for violations of such prohibition.
2.Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3.Gives each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4.In the statement specified in subsection (1), notifies the employees that, as a condition of working on the o
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation
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occurring in the workplace no later than five (5) days after such conviction. <
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, or 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 requirements.
(Signature)
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Date:
STATE OF: N
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
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(name of affiant). He/She is personally known to me or has produced
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(type of identification) as identification.
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NOTARY PUBLIC
My Commission Expires:
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a 00.
bid on a contract with a public entity for the construction or repair of a public building or public work, may not 2
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, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Proposer's name) nor any Affiliate has
been placed on the convicted vendor list within the last 36 months.
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(Signature)
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Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally known to me or has
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produced (type of identification) as identification.
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Request For Waiver of Insurance Requirements (if applicable)
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, U)
be waived or modified on the following contract: C.
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Respondent:
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Contract for: a�
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Reason for Waiver:
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Approved Not Approved
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Date:
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Meeting Date:
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Respondent SIGNATURE
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SECTION FIVE: DRAFT AGREEMENT
The successful vendor will be expected to enter into an agreement substantially in the following form: CL
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MONROE COUNTY
CONTRACT FOR EMERGENCY MANAGEMENT CONSULTING SERVICES
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THIS AGREEMENT is made and entered into this day of , by MONROE COUNTY ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 as
and ("CONTRACTOR"), whose address is M
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Section 1. SCOPE OF SERVICES as
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as
described in the Scope of Services — Exhibit A—which is attached hereto and made a part of this agreement.
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CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein CL
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described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR
shall at all times exercise independent, professional judgment and shall assume professional responsibility for
the services to be provided. Contractor shall provide services using the following standards, as a minimum
requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under
the Agreement resulting from this RFP process.
B. To the extent that Contractor uses employees, subcontractors or independent contractors, this
Agreement specifically requires that the employees, subcontractors and independent contractors shall not be an
employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully qualified, and,
if required, to be authorized or permitted under State and local law to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
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2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon.
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2.2 The County will make payments as outlined in Section 4 of this Agreement.
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Section 3. TERM OF AGREEMENT
3.1 Except as noted below, this Agreement shall begin on the 1 st day of 2023 and will conclude as
on the day of 2028 (5 year term). This agreement may be renewed by agreement
of both parties for an additional period of two years.
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Section 4. PAYMENT TO CONTRACTOR
4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections
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218.70-218.80, Florida Statutes. The Provider shall submit to the County an invoice with supporting
documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
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accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
Invoices shall be sent to the County's Emergency Management Department who will review the documents
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and route them to appropriate County Staff for approval. Upon receiving all required approvals the invoice(s) LL
will be forwarded to the County Clerk's office for payment.
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4.2 This Agreement is contingent upon annual appropriation by Monroe County Board of CountyCL
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Commissioners.
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Section 5. CONTRACT TERMINATION
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Either party may terminate this Agreement because of the failure of the other party to perform its obligations as
under the Agreement. The CONTRACTOR may terminate this Agreement with ninety (90) days' notice to the
COUNTY. The COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to a
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the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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A. CONTRACTOR hereby agrees that he has carefully examined the RFP and its response, both of which
are made part of this Agreement by reference, and this Agreement and has made a determination that he/she
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has the personnel, equipment, and other requirements suitable to perform this work and assumes full cL
responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in
the specifications. All specifications have been read and carefully considered by CONTRACTOR, who
understands the same and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by
CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement,
and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may visit
CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S
normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and 0
approvals required to conduct its business, and will at all times conduct its business activities in a reputable
manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request.
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Section 7. NOTICES
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Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
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To the COUNTY: Roman Gastesi, Monroe County Administrator
1100 Simonton St.
Key West, Florida 33040
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To the CONTRACTOR:
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Section 8. Public Records Compliance
Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permitCL
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
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Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach as
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 °
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proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply
with this provision.
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CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this
Agreement and their authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records and auditing purposes during the term of the agreement
and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the
State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the service.
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b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter 119 or as otherwise provided by law.
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c. 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 as
completion of the contract if the contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of
the contractor or keep and maintain public records required by the public agency to perform the service. If the 0
contractor transfers all public records to the public agency 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 Monroe County, upon request from the public agency's custodian of records, in a format
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that is compatible with the information technology systems of Monroe County.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF E
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C.7.a
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 (305) 292-34709 y-
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® v, c/o Monroe County Attorney's Office, 1111 12' St.,
Suite 408, Key West FL 33040.
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Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990
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The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision a
the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
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Section 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the
Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination
of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive
procurement activities.
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building
or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
Agreement with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from
the date of being placed on the convicted vendor list.
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Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable a
to Agreements made and to be performed entirely in the State. g
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In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida.
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Section 12. SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or
person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the
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remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and CD
each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and 'D
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C.7.a
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provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The LL
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.
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Section 13. ATTORNEY'S FEES AND COSTS
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The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing aCr
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party. 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.
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Section 14. BINDING EFFECT
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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.
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Section 15. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this Agreement
have been duly authorized by all necessary County and corporate action, as required by law.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by
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meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or 10
remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to
arbitration.
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Section 17. COOPERATION
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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 as
proceedings related to this Agreement.
Section 18. NONDISCRIMINATION
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During the performance of this Agreement, the CONTRACTOR agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, withoutcq
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regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for F
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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. U)
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race, CL
color, religion, sex, sexual orientation, gender identity, or national origin.
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(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant Cr
for employment because such employee or applicant has inquired about, discussed, or disclosed the as
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 Lh
applicants as a part of such employee's essential job functions discloses the compensation of such other as
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing,
or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty
to furnish information.
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(4) The contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of
Executive Order 11246 of September 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.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with ID
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 20
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be a
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. as
Section 19. COVENANT OF NO INTEREST
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COUNTY and CONTRACTOR 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. 0.
Section 20. CODE OF ETHICSCD
The parties understand that officers and employees of the COUNTY are required to comply with the standards ID
of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
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not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; LL
misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
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Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bonaCr
fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon as
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, a
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, as
percentage, gift, or consideration.
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Section 22. PUBLIC ACCESS
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The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with -
this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by CONTRACTOR.
Section 23. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the
CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
Section 24. PRIVILEGES AND IMMUNITIES 0
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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 20
employees of any public agents or employees of the COUNTY, when performing their respective functions under a
this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the g
performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial as
limits of the COUNTY.
Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case the performance 0.
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor
shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except
to the extent permitted by the Florida constitution, state statute, and case law. CD
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Section 26. NON-RELIANCE BY NON-PARTIES F
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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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTORCL
or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement. a
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Section 27. ATTESTATIONS as
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not
being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement, Ds
Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement.
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Section 28. NO PERSONAL LIABILITY
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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.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original,
all of which taken together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
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Section 30. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is 0
agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of ID
any provision of this Agreement.
Section 31. INSURANCE POLICIES a
31.1 General Insurance Requirements for Other Contractors and Subcontractors. as
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that
the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached
schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall
submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of 0.
this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence
of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement
of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required ID
insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform
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assessments shall be imposed as if the work commenced on the specified date and time, except for the LL
CONTRACTOR's failure to provide satisfactory evidence.
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The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and anyCL
extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate
suspension of all work until the required insurance has been reinstated or replaced and/or termination of this
Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been suspended, exceptCr
for the CONTRACTOR's failure to maintain the required insurance. as
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The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies required
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by this contract. CL
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the
insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation and Professional Liability.
31.2 Insurance Requirements For Contract Between County And Contractor
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(Note: amounts of coverage are subject to change in final contract)
The Contractor shall be required to maintain the following types and amounts of insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance
forms are not received within the fifteen (15) day period, the contract may be terminated without any financial
obligations being imposed on the County. 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. All insurance companies as
shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while
Contractor is providing service to County.
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Worker's Compensation
Minimum acceptable limits
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Workers' Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
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General Liability, including
Premises Operation
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Blanket Contractual Liability as
Personal Injury Liability
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Minimum acceptable limits $1,000,000 CSL
Vehicle Liability providing coverage for all owned, non-owned and hired vehicles
Minimum acceptable limits $1,000,000 CSL
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Section 32. INDEMNIFICATION, DEFEND, HOLD HARMLESS
The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless the COUNTY, its
Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, cCQ
and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs,
obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR
or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be
solely responsible for any and all accidents or injuries to persons or property arising out of its performance of
this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be
construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to as
defend and pay all legal costs of the COUNTY for claims or acts attributable to the sole negligent act of the
CONTRACTOR or any of CONTRACTOR's employees or representatives.
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At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners. No statement contained in this agreement shall be construed as
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. As an independent contractor the CONTRACTOR
shall provide independent, professional judgment and comply with all federal, state, and local statutes,
ordinances, rules and regulations applicable to the services to be provided. o
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data,
and other documents prepared or compiled under its obligation for this project, and shall correct at its expense
all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of cq
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additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or
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The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or
hindrances attributable to the COUNTY during the progress of any portion of the services specified in this
contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of timeCL
for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be
made between the parties.
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Section 32. Scrutinized Companies (F.S. 287.135) a
a. (Applies to contracts >$1 million): This contract is terminable at the option of the awarding body if the Cr
vendor is found to have submitted a false certification as defined below, has been placed on the as
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the as
Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in a
business operations in Cuba or Syria.
i. False certification: At the time a company submits a bid or proposal for a contract or before the
company enters into or renews a contract with an agency or local governmental entity for goods
or services of $1 million or more, the company must certify that the company is not on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba
or Syria. At the time a company submits a bid or proposal for a contract or before the company
enters into or renews a contract with an agency or local governmental entity for goods or services
of any amount, the company must certify that the company is not participating in a boycott of
Israel. By entering into this agreement, the vendor certifies that the company complies with these
requirements.
b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company
is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined
in F.S. 287.135 or is engaged in a boycott of Israel.
Section 33. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200
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The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200,
as amended, including but not limited to:
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A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- as
1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA).
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B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
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awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the F
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purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition ofCL
"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit a
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," Cr
and any implementing regulations issued by the awarding agency. as
D. Clean Air Act (42 U.S.C. 7401-7671q.) 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 as
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and 201
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).
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E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR CL
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180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award. 0
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G. Procurement of recovered materials as set forth in 2 CFR § 200.322.
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H. 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 as
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
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I. No Obligation by Federal Government. The federal government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
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matter resulting from the contract.
J. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges thatCD
31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's
actions pertaining to this contract.
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K. Audit of records. Contractor shall grant to the County, Florida Division of Emergency Management
(FDEM), Federal Emergency Management Agency (FEMA), Florida Department of Transportation, the Federal
Government, and any other duly authorized agencies of the State or Federal Government or the County where
appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from 00.
this RFP for a period of five (5) years after final grant close-out by FEMA or DEM, or as required by applicable
County, State and Federal law. Records shall be made available during normal working hours for this purpose.
In the event that FEMA, DEM, or any other Federal or State agency, or the County, issues findings or rulings
that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable under
federal or state Law or regulation, Contractor may appeal any such finding or ruling. If such appeal is
unsuccessful, the Contractor shall agree that the amounts paid to the Contractor shall be adjusted accordingly,
and that the Contractor shall, within 30 days thereafter, issue a remittance to the County of any payments
declared to be ineligible or non- allowable.
Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole,
or of specific Project activities. 0
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L. Prohibition on certain telecommunications and video surveillance services or equipment (2 C.F.R. §
200.216: Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to (a) 8.
procure or obtain, (b) extend or renew a contract to procure or obtain, or (c) enter into a contract to procure or
obtain equipment, services or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system or critical technology as part of any system. As used herein, ED
the term "covered telecommunications equipment" means telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate). By entering into this agreement, both
the County and the Contractor agree that it has complied with the provisions in 2 C.F.R. § 200.216.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of c
2023.
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(SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, CPA, CLERK U
OF MONROE COUNTY, FLORIDA 0
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By by
As Deputy Clerk Mayor/Chair
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(CORPORATE SEAL) (Name of Contractor)
ATTEST:
By by
Title:
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EXHIBIT A
SCOPE OF SERVICES
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The vendor will be expected to provide the minimum services identified below.
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1. Scope of Services a
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Emergency management consultant services to be provided may include, but not be limited to the following:
emergency management and disaster recovery services, continuity of operations (COOP) and continuity of as
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government (COG) planning, all hazard training, planning and preparedness, incident management support tf
teams, technical, administrative and training support to assist the County with damage assessment, disaster ID
recovery project estimation, project worksheet (PW) development, grant management, appeals, FEMA force
account and small and large project document assembly, and federal procurement requirements review, etc.
The Scope of Services may include any or all of the following:
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a) All Hazard Planning and Training:
In coordination with County staff, identify training needs and develop a training program to prepare
personnel for emergencies including but not limited to emergency planning and preparedness, position
specific ICS (incident command system) and EOC (emergency operations center)functions and recovery
operations.
b) Incident Management/EOC Support Team Services:
These services will allow the County to maintain continuity of government and continuity of operations
7
while effectively managing the incident/disaster. When requested the Consultant will provide staff support
in the way of:
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• Emergency Support Function (ESFs) positions as
• Operations, Planning, Logistics, and Finance - Section Chiefs, Branch Directors &
Division/Group Supervisors and Unit Leaders
Recovery - Short-term recovery operations support
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