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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: Packet Pg.402 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 Packet Pg.403 C.7.a CL MON ROE COUNTY U) 0 CL 0 REQUEST FOR PROPOSALS 0 FOR EMERGENCY MANAGEMENT CONSULTING SERVICES Cr 0 161 23CL C CL LA .. 0 wW 04 04 BOARD OF COUNTY COMMISSIONERS Mayor, Craig Cates, District 1 aD Mayor Pro Tem, Holly Merrill Raschein, District 5 r- Michelle Lincoln, District 2 Jim Scholl, District 3 David Rice, District 4 a� COUNTY ADMINISTRATOR Roman Gastesi 0 CLERK OF THE CIRCUIT COURT EMERGENCY MANAGEMENT Kevin Madok, CPA DEPARTMENT 0. CD Due Date: May 15, 2023, 3:00 p.m. E 1 of 35 Packet Pg.404 C.7.a TABLE OF CONTENTS U) SECTION ONE LEGAL NOTICE— Request for Competitive Solicitation 0. SECTION TWO GENERAL INFORMATION 0 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 76 F. Respondent's Insurance and Indemnification, with Insurance Agent's Statement 0 SECTION FIVE DRAFT AGREEMENT N c� 0 c, 0 0 0 U) 0 2 U) a 0 c, N N c� 2of35 Packet Pg.405 C.7.a SECTION ONE: LEGAL NOTICE — REQUEST FOR COMPETITIVE SOLICITATION 0 0. NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS CL L_ 0 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 0 U 0 0 0 n U) a 0 U CL CN 3 of 35 Packet Pg.406 C.7.a SECTION TWO: GENERAL INFORMATION 1. Objective of the Request for Proposals (RFP). 0 0. 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. ' 0 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 c� 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 . 0 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/ a 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. N N c� 4of35 Packet Pg.407 C.7.a SECTION THREE: INSTRUCTIONS TO PROPOSERS 1. Scope of Services U) 0 0. 0 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: A a) All Hazard Planning and Training: 0 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: N • 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 0 U 2. Required Qualifications 0 0 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. c� 5 of 35 Packet Pg.408 C.7.a 4. Attachments U) Proposer shall complete and submit the following forms (located in Section Four) with the proposal: 0. 0 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 A 5. State and Local Sales and Use Taxes 0 76 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 CN Fax: 305-289-6325 Manning-Jeff@monroecounty-fl.gov U 0 0 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. c� 6of35 Packet Pg.409 C.7.a 8. Format of Proposal A. Cover Page a 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 A 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 0 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. 0 U Tab 3. Project Approach 0 0 The Proposer shall describe the approach and methodology it will use to accomplish the work defined 0 herein (described in Scope of Work above). 2 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. U) a 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. N 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 c� 7of35 Packet Pg.410 C.7.a information of resources and capability to meet the needs of multiple contracts in the event of a major event that impacts the region. U) Tab 5. Cost/Fee Proposal. 0. 0 L- 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); 0 (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: N 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; 0 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, c� 8 of 35 Packet Pg.411 C.7.a current address and current telephone number; g. Credit references (minimum of three), including name, current address and current telephone number; and 0. h. Financial statements for the prior three years for the responding entity or for any 0- 0- entity that is a subsidiary to the responding entity. 0 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 76 • 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. a 0 9. Modification or Withdrawal of Proposals U) 0 2 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. U) a 0 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. N N Tab Points 1 Executive Summary 5 c� 9of35 Packet Pg.412 C.7.a 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.). 0 76 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 LU right to accept or reject any or all Proposals, and to waive any informalities and irregularities in said Proposals. N c� 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 c� 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. U) 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. c� 10of35 Packet Pg.413 C.7.a The County reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 0 0. 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. 0 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. A 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. 0. 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 CN 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 0 so. U 12. Disqualification of Proposer cN A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation CN Q 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. 11 of 35 Packet Pg.414 C.7.a 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. 0 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. c� 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) 0 0 15. Certificate of Insurance 0 U) 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 N N c� 12of35 Packet Pg.415 C.7.a 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 A Minimum acceptable limits $1,000,000 CSL Monroe County shall be named as an Additional Insured on the General Liability policy. 0 76 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 N The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined " below. 17 N 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. U) 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: c� 13 of 35 Packet Pg.416 C.7.a http://www.dms.myflorida.com/agency administration/office of supplier diversity osd U) 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. 4- 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 0 N c� 0 U 0 0 0 U) c� U) a 0 U N N c� 14of35 Packet Pg.417 E u- SECTION FOUR: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] U) 0 CL 0 L- CL L- 0 U) cr 0 76 0 CL CL W z W cn CN Q W 17 CN 0 u 0 0 0 2 U) 0 .2 U) a 0 u 2 W CL u- W cn CN Q CN E 15 of 35 Packet Pg.418 C.7.a RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-2130. 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 0 ❑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 ❑ 0 ❑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). N 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 0 Fax: Date 0 a 0 Signed: Witness: U) 0 2 (Print Name) (Title) STATE OF: ° COUNTY OF: U) 0 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: N N c� 16of35 Packet Pg.419 C.7.a LOBBYING AND CONFLICT OF INTEREST CLAUSE 1 ra U) SWORN STATEMENT UNDER ORDINANCE NO. 010-19900. MONROE COUNTY, FLORIDA 0 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. 0. former County officer or employee." (Signature) Date: N c� STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on U 0 0 (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification 2 NOTARY PUBLIC My Commission Expires: a 0 U N N c� 17of35 Packet Pg.420 C.7.a NON-COLLUSION AFFIDAVIT I, of the county of according to law on my oath, and under penalty of perjury, depose and say that0. 0 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 c� COUNTY OF: N Subscribed and sworn to (or affirmed) before me on 0 (date) by (name of affiant). He/She is personally known to me or has U 0 0 produced (type of identification) as identification. 0 U) 0 c� NOTARY PUBLIC My Commission Expires: U) a 0 U N N c� 18 of 35 Packet Pg.421 C.7.a DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 0 (Name of Business) 0 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 0. 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) cN c� Date: STATE OF: N COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by U (name of affiant). He/She is personally known to me or has produced 0 (type of identification) as identification. U) 0 2 2.1 NOTARY PUBLIC My Commission Expires: U) a 0 U N N c� 19of35 Packet Pg.422 C.7.a 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. 0 (Signature) 0 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 c� produced (type of identification) as identification. 17 N NOTARY PUBLIC My Commission Expires: U 0 0 0 U) 0 2 U) a 0 U N N c� 20 of 35 Packet Pg.423 C.7.a 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. 0 Respondent: 4- U) Cr Contract for: a� Address of Respondent: A Phone: � Scope of Work: 0 CL CL Reason for Waiver: d Policies Waiver will apply to: c� Signature of Respondent: N Approved Not Approved 0 Risk Management: U 0 0 Date: 0 County Administrator appeal: U) c� Approved Not Approved LO Date: Board of County Commissioners appeal: a Approved Not Approved U Meeting Date: a. N Respondent SIGNATURE E 21 of 35 Packet Pg.424 C.7.a CL SECTION FIVE: DRAFT AGREEMENT The successful vendor will be expected to enter into an agreement substantially in the following form: CL 0 MONROE COUNTY CONTRACT FOR EMERGENCY MANAGEMENT CONSULTING SERVICES U) as 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 2 tf 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. 0 CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein CL CL 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 as 2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon. r- 2.2 The County will make payments as outlined in Section 4 of this Agreement. U) 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. U) r— Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 0. 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 CD 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 as F 22 of 35 Packet Pg.425 C.7.a CL 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. U) 4.2 This Agreement is contingent upon annual appropriation by Monroe County Board of CountyCL 0 Commissioners. 0 Section 5. CONTRACT TERMINATION as Cr 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 tf the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS 0 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 CL 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. 0 U) as Section 7. NOTICES as 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: U) To the COUNTY: Roman Gastesi, Monroe County Administrator 1100 Simonton St. Key West, Florida 33040 0. To the CONTRACTOR: CD as F U 23 of 35 Packet Pg.426 C.7.a 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 Cr 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 ° tf 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. 0 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. as 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. U) as U 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 CD that is compatible with the information technology systems of Monroe County. r 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF E U 24 of 35 Packet Pg.427 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- CL ® v, c/o Monroe County Attorney's Office, 1111 12' St., Suite 408, Key West FL 33040. U) Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 Cr as 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. 0 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. as Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 0 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 as 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. 0 Section 12. SEVERABILITY 0. 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 Cq 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 25 of 35 Packet Pg.428 C.7.a CL 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. CL Section 13. ATTORNEY'S FEES AND COSTS L 0 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 s 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. tf as Section 14. BINDING EFFECT 0 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. CL CL 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 cq CD 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. 0 Section 17. COOPERATION as 0 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 r_ 0 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 CD 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 26 of 35 Packet Pg.429 C.7.a 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) 0 CL (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. U) as (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. 0 CL (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 U) r_ 0 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 U 27 of 35 Packet Pg.430 C.7.a 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. 0 CL 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. 0 Section 22. PUBLIC ACCESS 0 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 as 0 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 U) r_ 0 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 as Section 26. NON-RELIANCE BY NON-PARTIES F U 28 of 35 Packet Pg.431 C.7.a CL 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 Cr 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. 0 Section 28. NO PERSONAL LIABILITY 0 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. 7 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 U 29 of 35 Packet Pg.432 C.7.a CL 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. U) 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 as A) 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 CL 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 0 (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. U) Worker's Compensation Minimum acceptable limits 0. CD as F 30 of 35 Packet Pg.433 C.7.a CL 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 L General Liability, including Premises Operation Products and Completed Operations Cr Blanket Contractual Liability as Personal Injury Liability as 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. U) as 0 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 CD 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 semi-public agencies. F 31 of 35 Packet Pg.434 C.7.a 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. 0 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 as 0 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: as 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). U) B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts ro- 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 32 of 35 Packet Pg.435 C.7.a 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). 0 E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR CL CL 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 0 G. Procurement of recovered materials as set forth in 2 CFR § 200.322. as 0 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. 0 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 0. 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. E 33 of 35 Packet Pg.436 C.7.a 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 76 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. N (SEAL) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, CPA, CLERK U OF MONROE COUNTY, FLORIDA 0 0 By by As Deputy Clerk Mayor/Chair 2 (CORPORATE SEAL) (Name of Contractor) ATTEST: By by Title: U N N c� 34 of 35 Packet Pg.437 C.7.a CL EXHIBIT A SCOPE OF SERVICES 0 CL The vendor will be expected to provide the minimum services identified below. CL L_ 0 1. Scope of Services a Cr as 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 Mn 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: 0 CL CL 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: 0 • 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 as U) r_ 0 0. CD as F U 35 of 35 Packet Pg.438