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#17-7116 (Disaster Strategies & Ideas Group) AGREEMENT 17-7116 for Disaster Recovery Consulting Services THIS AGREEMENT, made and entered into on this day of0C. Obtr 2017, by and between Disasters, Strategies, and Ideas Group, LLC, authorized to do business in the State of Florida, whose business address is 2050 Capital Circle NE, Suite D, Tallahassee, Florida 32308, (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a five (5) year period, commencing on Date of Board award and terminating five (5) years from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for five (5) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The County, in conjunction with the Collier County Sheriff's Office (CCSO), Collier County Public Schools, Mosquito Control District, City of Naples, Naples Airport Authority, and City of Marco Island, including but not limited to the Clerk of the Circuit Court, Supervisor of Elections, Tax Collector, Property Appraiser, Everglades City, hereinafter named "Consortium", may obtain services under this Agreement. The Consultant shall commence the services for the County upon the issuance of a Notice of Proceed attached with Consultant's not-to-exceed proposal. 3. STATEMENT OF WORK. The Board of County Commissioners deemed five (5) firms to be qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to Disaster Recovery Consultant services on an as-needed basis as may be required by the County in accordance the terms and conditions set forth in Exhibit B - Request for Proposal (RFP) #17-7116 "Disaster Recovery Consulting Services" Page 1 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. Scope of Services, including Grant and FEMA exhibits and addendum, and Exhibit C - Consultant's proposal, referred to herein and attached hereto to the Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.1 The County, in conjunction with the Collier County Sheriff's Office (CCSO), Collier County Public Schools, Mosquito Control District, City of Naples, Naples Airport Authority, and City of Marco Island, including but not limited to the Clerk of the Circuit Court, Supervisor of Elections, Tax Collector, Property Appraiser, Everglades City, hereinafter named "Consortium", may obtain services under this Agreement. 3.2 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for County pursuant to this Agreement during the term and any extension of the term of this Agreement. 3.3 The procedure for obtaining Work assignments under this Agreement is as follows: The Contract Manager/Representative of the Consortium will request a not-to-exceed proposal from one or more firms and upon acceptance a Purchase Order will be issued for the assigned Task. Each Agency within the Consortium reserves the right to assign all or portions of the Work to one or more firms. 4. THE AGREEMENT SUM. The County shall pay the Consultant for the performance of this Agreement based on Exhibit A- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Contract Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology. Time and Materials: The County agrees to pay the Consultant for the amount of labor time spent by the Consultant's employees and subconsultants to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the Consultant's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subconsultant) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified Page 2 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Disasters, Strategies and Ideas Group, LLC 2050 Capital Circle NE, Floor 2, Suite D Tallahassee, Florida 32308 Attention: Linda Berry, President Telephone: (850) 385-4013 Fax: (850) 385-1510 Email: Linda@dsideas.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida do Collier County Bureau of Emergency Services (BEC) Division 8075 Lely Cultural Parkway Naples, Florida 34113 Telephone: (239) 252-3600 Attention: Dan Summers, Division Director Email: DanielSummersCa�colliergov.net The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible Page 3 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the Agreement of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 4 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$100,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Consultant's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subconsultants comply with the same insurance requirements that the Consultant is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 5 of 13 /e #17-7116&Disaster Recovery Consulting Services ,;, Disasters,Strategies and Ideas Group,LLC. '( 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Bureau of Emergency Services (BES) Division. 15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), Exhibit A — Fee Schedule, Exhibit B -Request for Proposal (RFP) #17-7116 "Disaster Recovery Consulting Services" Scope of Services, including Grant and FEMA exhibits and addendum, and Exhibit C - Consultant's proposal. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Consultant is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Page 6 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Consultant must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. 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 this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Consultant or keep and maintain public records required by the public agency to perform the service. If the Consultant transfers all public records to the public agency upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. Page 7 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Consultant's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Consultant shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. The Consultant shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the Page 8 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Consultant at County's discretion. 27. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. 28. SECURITY. The Consultant is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Consultant shall be responsible for all associated costs. If required, Consultant shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Consultant's employees and subConsultants must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Consultant ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Consultant during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the Consultant's business. The Consultant shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPScolliergov.net)whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 9 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIE'10 0 TY, FLORIDA Dwight E. Brock, Clerk of Court By: \111112— .4e;:• iiiii t By: // r ,. Penny Tay • , Chair•mair Dated: 6 �,3'.' i t Atteihairman's signature only. , . Consultant Witnesses: Consultant DISASTERS, STRATEGIES AND IDEAS GROUP, LLC . (1)//iiti,4,, 475,--712/4kJ : 41104_4.....,4 A/„ditigiod First Witness i 'ign- pre/ 4 l 4i/d0- ber Pi Criora. rt-- tea- TType/print signature a11d'titlel` TT • int witness nameT ill i I Secr Witness ,,/ Ju 5+,.-7 Pi 4A-ti,- TType/print witness name Ap u ro ed as • • m and Legality: 0111V-- - ounty A orne Print Name L Page 1001'13 ct) #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group.LLC EXHIBIT A - FEE SCHEDULE Descripton Hourly Rate Pre-Disaster Rate $106 Post-Disaster Rate $60 Staff Not Deployed Rate $91 • The above hourly rates are inclusive of all costs associated with the disaster recovery assistance provided to the County. The County will not reimburse the consultant for travel, overhead, operational or other related costs. Page 11 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. EXHIBIT B — REQUEST FOR PROPOSAL (Also attached hereto following this page) Page 12 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. EXHIBIT B REQUEST FOR PROPOSAL Co[ger County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 17-7116 Disaster Recovery Consulting Services Brenda Brilhart, Procurement Strategist (239) 252-8446 (Telephone) BrendaBrilhart@colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Prtraurent`30v sC%:'bn•3327 Tannanai Trail East°Wa;.res.Fond 34112.4:101 219.252t47•vn'wN.o3liiera;v.rieliprrcieenientser.�ce-s Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 8 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 11 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 14 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 22 ATTACHMENT 2:VENDOR CHECK LIST 23 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 24 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 25 ATTACHMENT 5:IMMIGRATION AFFIDAVIT CERTIFICATION 27 ATTACHMENT 6:VENDOR SUBSTITUTE W—9 28 ATTACHMENT 7:INSURANCE AND BONDING REQUIREMENTS 29 EXHIBIT A—Scope of Services EXHIBIT B—Granting Agency Provisions EXHIBIT C—Granting Agency Forms (provide in proposal at time of submittal) 17-7116 Disaster Recovery Consulting Services 2 Co ier County Administrative Services Departinent Procurement Services tDibISi0n Legal Notice Sealed Proposals to provide Disaster Recovery consulting services will be received until 3:00 PM Naples local time, on August 16, 2017 on the Collier County Government, Procurement Services on line bidding system. RFP 17-7116 Disaster Recovery Consulting Services Services to be provided may include, but not be limited to the following: Disaster Recovery Consultant to provide the following, but not limited to services: public adjusting services, technical, administrative and training support to assist the County and other municipal governments with damage assessment, disaster recovery project estimation, FEMA force account and small and large project document assembly, and Federal Procurement requirements review, etc. A non-mandatory pre-proposal conference will be held on August 1, 2017, commencing promptly at 3:30 PM, and will be held in the Procurement Services Division Conference Room, Collier County Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. A teleconference number will be made available upon request by emailing the Procurement Services at brendabrihartcolliergov.net All statements shall be made upon the official proposal form which may be obtained on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Edward F. Coyman, Jr. Director, Procurement Services This Public Notice was posted July 17, 2017 on the Collier County Procurement Services Division website: www.colliergov.net/purchasinq -447.1)rte, fmxu ait,Swtacs tk�,t6rst 3.;f 1'y t nn:rn:!E.r>I Napa&Fuuefu 34 Y.4>U": wa r.cdGsgna..ak, ri.; q� 17-7116 Disaster Recovery Consulting Services 3 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Bureau of Emergency Services (BES) Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "REP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase Collier County Board of County Commissioners, in conjunction with the Collier County Sheriffs Office (CCSO), Collier County Public Schools, Mosquito Control District, City of Naples, Naples Airport Authority, and City of Marco Island hereinafter named "Consortium", is requesting proposals for an— IDIQ ( indefinite delivery/indefinite quantity) Disaster Recovery Consultant to provide the following, but not limited to services: public adjusting services, technical, administrative and training support to assist the County and other municipal governments with damage assessment, disaster recovery project estimation, FEMA force account and small and large project document assembly, and Federal Procurement requirements review, etc. Detailed Scope of Work—See Exhibit A Term of Contract The County's intent is to negotiate an agreement with multiple firms. The contract term, if an award(s) is/are made is intended to be for a five (5) year initial term with five (5) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 7/17/2017 Last Date for Receipt of Written Questions 5:00 PM 8/9/17 Non Mandatory Pre-solicitation Meeting 3:30 PM 8/1/2017 Addendum Issued By 8/11/17 Solicitation Deadline Date and Time 3:00 PM 8/16/17 Vendor Presentations if Required TBD Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these 17-7116 Disaster Recovery Consulting Services 4 guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab I: Cover Letter! Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Tab II: Firms Qualifications (30 points/10 Page Limit) In this tab, provide the following: • Provide an overview of the Firm's history, capability and business ability relative to the County's requirements. Not to exceed two (2) pages. • Describe your firm's qualifications in providing disaster recovery and specifically FEMA reimbursement services. Include information on organizational structure. Include any special expertise which your firm has in working with FEMA regarding debris reimbursement and monitoring contracts. Provide your firm's experience working with Florida Department of Transportation (FDOT) utilizing the Florida Highway Administration (FHWA) program for road reimbursement. Provide specific information on your experience working on disaster recovery reimbursement specific projects in Florida. • Provide a complete list of all government agencies for which you are currently providing, or have provided in the past, disaster recovery FEMA reimbursement services since 2012, and FHWA services. Indicate the dates (length) of service for the listed clients and specify the name, title, addresses and telephone number of individuals. The County may contact those clients for whom you have provided disaster recovery FEMA reimbursement services for further information concerning the services provided. • For specific large disasters that you may have been involved in handling the FEMA reimbursement for, or are still handling, e.g. Hurricane Katrina, provide information on the number of Project Worksheets handled, the number of employees put within the organization to complete the work, what pre-work was done to assist in completing the Project Worksheets, any special reimbursement issues resolved with FEMA, amount de-obligated with the State and FEMA and why, the amount of dollars recovered for the organization, success in any FEMA or State appeals, and experience with any FEMA and State audits. • Provide information related to your experience with any FEMA or State appeals. Provide the details as to the outcome, the duration of the appeal and any other related data. • Provide information related to your experience with FEMA and State audits. Provide the number of audits your firm has been involved with, the number of findings against the organization that the auditors identified; if the findings were significant and overall what they found and the duration of the audits. • Describe contacts and relationships with your other clients and interaction with FEMA and State Agencies. Include FHWA experience. 17-7116 Disaster Recovery Consulting Services 5 Tab Ill: Specialized Expertise of Team Members (25 points110 Page Limit) • Provide a list of individuals who will be assigned (on site) to the disaster recovery reimbursement service engagement with the County and their specific roles. Include summary resumes of the individual to reflect their experience and education, particularly as they relate to the firm's engagements since 2008. Identify the primary contact who will be actively engaged in serving the account and identify the current client workload of this individual by counties, cities, special districts, and other as may apply. • If lead project staff members are to be changed, request must be made in writing and pre- approved by Consortium. • Provide the number of employees who serve in Florida who would be available during normal business times versus during time of emergency or disaster. Describe the experience that these types of employees have in working with FEMA and the State in handling the documentation required for receiving reimbursement, e.g. Project Worksheets, in resolving reimbursement issues, and dealing with FEMA and State appeals, and audits. • Describe the training that your employees have had regarding FEMA and FHWA grant rules and guidelines, State pass-through grant rules for reimbursement, debris recovery reimbursement, and any further training for reimbursement. • Describe if your employees are full time employees or contracted employees. Tab IV: Technical Approach (20 points/10 Page Limit) • Provide a description of the firm's general approach to the proposed scope of services to include team organization, staff assignments, schedules, quality assurance and accountability. • How would you provide service if multiple nearby counties were in need. Ex: Lee County plus Collier. • Provide relevant availability guidelines and/or the average time between request for meetings and actual attendance for current clients. Discuss the availability of the primary contact relative to current and future client workload. Include for each individual the estimated number of hours that will be contributed to this project and in what capacity they would serve on this project. Include information on supervisory personnel. • Describe the amount of time and ability that your firm would be able to devote to Colter County to research the current process of how our organization is seeking federal reimbursement and how that process could be streamlined, as well as how we can better prepare before a loss to document a claim. • Provide website and/or portal with details for status to worksheets. • Describe how your firm would include public adjusting and include coordinating with each applicant's Risk Management department or its contractor to coordinate insurance and/or FEMA reimbursement as deemed necessary. Tab V: Cost of Services to the County(15 points/10 Page Limit) • The cost of the proposal shall reflect an hourly rate for pre-disaster assistance and an hourly rate for all post-disaster. The proposed hourly rates are inclusive of all costs associated with the disaster recovery assistance provided to the County. The County will not reimburse the consultant for travel, overhead, operational or other related costs. • The county will not pay the consultant for services unless pre-disaster assistance is requested or a disaster has occurred and requires assistance to request reimbursement from FEMA and/or another agency. • Provide examples (if any) where you have recovered all or part of your fees from FEMA. 17-7116 Disaster Recovery Consulting Services 6 Tab VI: References(10 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits three (3) references from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Information provided for each client shall include the following: • Client name, address and email address and telephone number. • Description of services provided. • Time period of the project or contract; briefly describe if project met or exceeded the schedule outlined • Client's contact reference name, email and current telephone number. • Dollar value of project; briefly describe if the completed project met, or came under budget. Tab VII: Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIII: Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Other: Grant Forms Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Firms Qualifications 30 Tab III, Specialized Expertise of Team Members 25 Tab IV, Technical Approach 20 Tab V, Cost of Services 15 Tab VI, References 10 TOTAL 100 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3)witnesses. 17-7116 Disaster Recovery Consulting Services 7 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. Proposal, Presentation and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be uploaded on the County's on line bidding system (www.colliergov.net/bid) before 3:00 PM, Naples local time, on or before August 16, 2017. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 17-7116 Disaster Recovery Consulting Services 8., 8. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publidy post prior notice of such meeting(s) on the County's Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee. At the initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the RFP using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings/ conclusions/comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. The Committee reserves the right to shortlist and may request presentations or demonstrations prior to ranking. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual scoring and subsequent selection committee overall ranking and final ranking. 8. The Selection Committee may elect to shortlist and have oral presentations, and may ask for demonstrations. 9. The selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. 10. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 11.The selection committee's overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. 17-7116 Disaster Recovery Consulting Services 9 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 9. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 10. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of the second ranked firm or to re-advertise using the same or revised documentation, at its sole discretion. 12. Reserved Rights Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. 17-7116 Disaster Recovery Consulting Services 10 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer Unless otherwise provided in Purchase Order, This offer is subject to cancellation by the no invoices shall be issued nor payments COUNTY without notice if not accepted by made prior to delivery. Unless freight and VENDOR within fourteen (14) days of issuance. other charges are itemized, any discount will be taken on the full amount of invoice. 2. Acceptance and Confirmation c) All shipments of goods scheduled on the same This Purchase Order (including all documents day via the same route must be consolidated. attached to or referenced therein) constitutes the Each shipping container must be consecutively entire agreement between the parties, unless numbered and marked to show this Purchase otherwise specifically noted by the COUNTY on Order number. The container and Purchase the face of this Purchase Order. Each delivery of Order numbers must be indicated on bill of goods and/or services received by the COUNTY lading. Packing slips must show Purchase from VENDOR shall be deemed to be upon the Order number and must be included on each terms and conditions contained in this Purchase package of less than container load (LCL) Order. shipments and/or with each car load of equipment. The COUNTY reserves the right to No additional terms may be added and Purchase refuse or return any shipment or equipment at Order may not be changed except by written VENDOR'S expense that is not marked with instrument executed by the COUNTY. VENDOR is Purchase Order numbers. VENDOR agrees deemed to be on notice that the COUNTY objects to declare to the carrier the value of any to any additional or different terms and conditions shipment made under this Purchase Order and contained in any acknowledgment, invoice or other the full invoice value of such shipment. communication from VENDOR, notwithstanding d) All invoices must contain the Purchase Order the COUNTY'S acceptance or payment for any number and any other specific information as delivery of goods and/or services, or any similar identified on the Purchase Order. Discounts of act by VENDOR. prompt payment will be computed from the date of receipt of goods or from date of receipt 3. Inspection of invoices, whichever is later. Payment will be All goods and/or services delivered hereunder shall made upon receipt of a proper invoice and in be received subject to the COUNTY'S inspection compliance with Chapter 218, Fla. Stats., and approval and payment therefore shall not otherwise known as the "Local Government constitute acceptance. All payments are subject to Prompt Payment Act," and, pursuant to the adjustment for shortage or rejection. All defective Board of County Commissioners Purchasing or nonconforming goods will be returned pursuant Policy. to VENDOR'S instruction at VENDOR'S expense. 5. Time Is Of the Essence To the extent that a purchase order requires a Time for delivery of goods or performance of series of performances by VENDOR, the COUNTY services under this Purchase Order is of the prospectively reserves the right to cancel the entire essence. Failure of VENDOR to meet delivery remainder of the Purchase Order if goods and/or schedules or deliver within a reasonable time, as services provided early in the term of the Purchase interpreted by the COUNTY in its sole judgment, Order are non-conforming or otherwise rejected by shall entitle the COUNTY to seek all remedies the COUNTY. available to it at law or in equity. VENDOR agrees 4. Shipping and Invoices to reimburse the COUNTY for any expenses a) All goods are FOB destination and must be incurred in enforcing its rights. VENDOR further suitably packed and prepared to secure the agrees that undiscovered delivery of lowest transportation rates and to comply with nonconforming goods and/or services is not a all carrier regulations. Risk of loss of any waiver of the COUNTY'S right to insist upon further goods sold hereunder shall transfer to the compliance with all specifications. COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt 6. Changes of the goods by the COUNTY nonetheless The COUNTY may at any time and by written remain with VENDOR. notice make changes to drawings and b) No charges will be paid by the COUNTY for specifications, shipping instructions, quantities and packing, crating or cartage unless otherwise delivery schedules within the general scope of this specifically stated in this Purchase Order. Purchase Order. Should any such change 17-7116 Disaster Recovery Consulting Services 11 increase or decrease the cost of, or the time arise out of or are incident to the goods and/or required for performance of the Purchase Order, services to be provided hereunder. an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and 11. Warranty of Non-Infringement VENDOR. Notwithstanding the foregoing, VENDOR represents and warrants that all goods VENDOR has an affirmative obligation to give sold or services performed under this Purchase notice if the changes will decrease costs. Any Order are: a) in compliance with applicable laws; b) claims for adjustment by VENDOR must be made do not infringe any patent, trademark, copyright or within thirty (30) days from the date the change is trade secret; and c) do not constitute unfair ordered or within such additional period of time as competition. may be agreed upon by the parties. VENDOR shall indemnify and hold harmless the 7. Warranties COUNTY from and against any and all claims, VENDOR expressly warrants that the goods and/or including claims of negligence, costs and expense, services covered by this Purchase Order will including but not limited to attorneys' fees, which conform to the specifications, drawings, samples or arise from any claim, suit or proceeding alleging other descriptions furnished or specified by the that the COUNTY'S use of the goods and/or COUNTY, and will be of satisfactory material and services provided under this Purchase Order are quality production, free from defects and sufficient inconsistent with VENDOR'S representations and for the purpose intended. Goods shall be delivered warranties in section 11 (a). free from any security interest or other lien, encumbrance or claim of any third party. These If any claim which arises from VENDOR'S breach warranties shall survive inspection, acceptance, of section 11 (a) has occurred, or is likely to occur, passage of title and payment by the COUNTY. VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the 8. Statutory Conformity goods or services, or replace or modify the goods Goods and services provided pursuant to this or services so that they become non-infringing, Purchase Order, and their production and (without any material degradation in performance, transportation shall conform to all applicable laws, quality, functionality or additional cost to the including but not limited to the Occupational Health COUNTY). and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or 12. Insurance Requirements regulation noted on the face of the Purchase The VENDOR, at its sole expense, shall provide Order. commercial insurance of such type and with such terms and limits as may be reasonably associated 9. Advertising with the Purchase Order. Providing and No VENDOR providing goods and services to the maintaining adequate insurance coverage is a COUNTY shall advertise the fact that it has material obligation of the VENDOR. All insurance contracted with the COUNTY for goods and/or policies shall be executed through insurers services, or appropriate or make use of the authorized or eligible to write policies in the State COUNTY'S name or other identifying marks or of Florida. property without the prior written consent of the COUNTY'S Purchasing Department. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, 10. Indemnification state, and local laws, rules, codes, and ordinances VENDOR shall indemnify and hold harmless the that are applicable to the conduct of its business. COUNTY from any and all claims, including claims By way of non-exhaustive example, this shall of negligence, costs and expenses, including but include the American with Disabilities Act and all not limited to attorneys' fees, arising from, caused prohibitions against discrimination on the basis of by or related to the injury or death of any person race, religion, sex creed, national origin, handicap, (including but not limited to employees and agents marital status, or veterans' status. Further, of VENDOR in the performance of their duties or VENDOR acknowledges and without exception or otherwise), or damage to property (including stipulation shall be fully responsible for complying property of the COUNTY or other persons), which with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 17-7116 Disaster Recovery Consulting Services 12 seq. and regulations relating thereto, as either may be terminated immediately by the COUNTY for be amended. Failure by the awarded firm(s) to breach by VENDOR of the terms and conditions of comply with the laws referenced herein shall this Purchase Order, provided that COUNTY has constitute a breach of the award agreement and provided VENDOR with notice of such breach and the County shall have the discretion to unilaterally VENDOR has failed to cure within 10 days of terminate said agreement immediately. Any receipt of such notice. breach of this provision may be regarded by the COUNTY as a material and substantial breach of 19. General the contract arising from this Purchase Order. a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any 14. Force Majeure action brought to specifically enforce any of the Neither the COUNTY nor VENDOR shall be terms and conditions of this Purchase Order responsible for any delay or failure in performance shall be the Twentieth Judicial Circuit in and for resulting from any cause beyond their control, Collier County, Florida including, but without limitation to war, strikes, civil b) Failure of the COUNTY to act immediately in disturbances and acts of nature. When VENDOR response to a breach of this Purchase Order has knowledge of any actual or potential force by VENDOR shall not constitute a waiver of majeure or other conditions which will delay or breach. Waiver of the COUNTY by any default threatens to delay timely performance of this by VENDOR hereunder shall not be deemed a Purchase Order, VENDOR shall immediately give waiver of any subsequent default by VENDOR. notice thereof, including all relevant information c) All notices under this Purchase Order shall be with respects to what steps VENDOR is taking to sent to the respective addresses on the face complete delivery of the goods and/or services to page by certified mail, return receipt requested, the COUNTY. by overnight courier service, or by personal delivery and will be deemed effective upon 15. Assignment receipt. Postage, delivery and other charges VENDOR may not assign this Purchase Order, nor shall be paid by the sender. A party may any money due or to become due without the prior change its address for notice by written notice written consent of the COUNTY. Any assignment complying with the requirements of this made without such consent shall be deemed void. section. d) The Vendor agrees to reimbursement of any 16. Taxes travel expenses that may be associated with Goods and services procured subject to this this Purchase Order in accordance with Florida Purchase Order are exempt from Florida sales and Statute Chapter 112.061, Per Diem and Travel use tax on real property, transient rental property Expenses for Public Officers, employees and rented, tangible personal purchased or rented, or authorized persons. services purchased (Florida Statutes, Chapter e) In the event of any conflict between or among 212), and from federal excise tax. the terms of any Contract Documents related to this Purchase Order, the terms of the 17. Annual Appropriations Contract Documents shall take precedence The COUNTY'S performance and obligation to pay over the terms of the Purchase Order. To the under this Purchase Order shall be contingent extent any terms and /or conditions of this upon an annual appropriation of funds. Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the 18. Termination provisions of the Terms and/or Conditions that This Purchase Order may be terminated at any are most favorable to the County and/or time by the COUNTY upon 30 days prior written provide the greatest protection to the County notice to the VENDOR. This Purchase Order may shall govern. 17-7116 Disaster Recovery Consulting Services 13- Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and, the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17-7116 Disaster Recovery Consulting Services 14. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor.The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners(BCC). The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County's project manager shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 17-7116 Disaster Recovery Consulting Services 15 • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract 17-7116 Disaster Recovery Consulting Services 16 documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12.Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: 17-7116 Disaster Recovery Consulting Services 17 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Pubic Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. 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 this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency 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 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 the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17.Survivability The Consultant agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7116 will survive and remain subject to the terms and conditions of that 17-7116 Disaster Recovery Consulting Services 18 Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. Any actual bidder or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017-08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 19. 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks The Contractor is required to comply with County Ordinance as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17-7116 Disaster Recovery Consulting Services 19 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSCa)colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying 17-7116 Disaster Recovery Consulting Services 20 .. they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 17-7116 Disaster Recovery Consulting Services 21 Colter Comity Administrative Services Department Procurement Services Division Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation RFP 17-7116 Disaster Recovery Consulting Services for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Cate 17-7116 Disaster Recovery Consulting Services 22 5~' Co ger County Administrative Services Department Procurement Services Division Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and induded. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Dare 17-7116 Disaster Recovery Consulting Services 23 Ccger County Administrative Services Department Procurement Services Division Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: RFP 17-7116 Disaster Recovery Consulting Services does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the "ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/ past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor/consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signature and Date: Print Name: Title of Signatory: State of County of SUBSCRIBED AND SWORN to before me this day of , 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification • Notary Public Commission Expiration 17-7116 Disaster Recovery Consulting Services 24 Co ler County Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 17-7116 Disaster Recovery Consulting Services Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without colusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced RFP 17-7116 Disaster Recovery Consulting Services (Proposal Continued on Next Page) 17-7116 Disaster Recovery Consulting Services 25 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 17-7116 Disaster Recovery Consulting Services 26 'Co aer County Administrative Services Department Procurement Services Dvison Attachment 5: Immigration Affidavit Certification Solicitation: RFP 17-7116 Disaster Recovery Consulting Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 17-7116 Disaster Recovery Consulting Services 27 Co ter County Administrative Services Department Procurement Services Division Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax-exempt entity —Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 17-7116 Disaster Recovery Consulting Services 28 Co year County Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/ Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. Z Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty / Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. RLC 7/7/2017 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 17-7116 Disaster Recovery Consulting Services 30 This page is intentionally left blank. 17-7116 Disaster Recovery Consulting Services 31; x;'.. RFP 17-7116 Standby Disaster Response & Recovery Support Services Scope of Work, Specifications and Response Format As requested by the Collier County Bureau of Emergency Services Division (BES) (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") in conjunction with other Collier County agencies, with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County Divisions and consortium once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase Collier County Board of County Commissioners, in conjunction with the Collier County Sheriffs Office (CCSO), Collier County Public Schools, Mosquito Control District, City of Naples, Naples Airport Authority, and City of Marco Island hereinafter named "Consortium", is requesting proposals for an— IDIQ ( indefinite delivery/indefinite quantity) Disaster Recovery Consultant to provide the following, but not limited to services: public adjusting services, technical, administrative and training support to assist the County and other municipal governments with damage assessment, disaster recovery project estimation, FEMA force account and small and large project document assembly, and Federal Procurement requirements review, etc. Background Permanent population of Collier County is 348,877 (2014. During "peak winter season" population of Collier County increases 30-40 percent. Collier County contains approximately a total area of 2,305 square miles, of which 1,998 square miles is land and 307 square miles is water. It is the largest county in Florida by land area and fourth largest by total area. Detailed Scope of Work The successful proposer will assume responsibility as an independent contractor for the development and submission of FEMA grant applications and the management of all such disaster-related grants, including but not limited to, Fire Management Assistance Grants (FMAG). The awarded contractor(s) will be required to follow the code of Federal Regulations, as it relates to procurement and scope of services as amended and updated. This will include working with federal agencies, state agencies, and several departments within Collier County, including but not limited to recurrent and direct involvement with Office of Management and Budget, Emergency Management, Sheriff's Office, Collier County District Schools, City of Naples, Naples Airport Authority, and City of Marco Island henceforth referred to as the consortium. Some of the services the successful proposers may be asked to perform include, but are not limited to the following: 1. Participate annually in WebEOC training with Emergency Services and have staff available to locate on site at the EOC as needed. 2. Provide Public Adjuster construction claims consulting. Such efforts may include re-construction estimation, bid document preparation and construction and budget oversight. 17-7116 Disaster Recovery Consulting Services 32 3. Provide grant management advice to the Consortium members related to FEMA, Federal, or State agency pass-through grants. The successful proposer will review the County's and or Consortium members' current record-keeping strategy for documentation. The successful proposer may be required to provide the County with pre-disaster assistance in an effort to assess what requirements are needed within the consortium to prepare for gathering the needed expenditure data, assign required disaster liaison, and/or any other pre-disaster preparation that may be required. Proposer will assist the affected departments and consortium members to develop a standard guideline as part of their emergency plans on how reimbursement expenditures are recorded, what type of documentation should be maintained, and provide any other associated services that may be directly related to support recovery costs and reimbursement from appropriate agencies. 4. File the initial Request for Public Assistance (RPA) after the initial disaster (event) within the deadline time period. Meet all stated deadlines to meet FEMA and the State's required timelines to recover full reimbursement. 5. Meet with FEMA Representative and the State Public Assistance Coordinator for the Initial Kickoff Meeting to discuss what the County's and or Consortium member's initial disaster related damages and expenditures appear to be. Review the procedures and follow-up processes required to support full reimbursement and or grant funding. 6. Review contracts, advise the Consortium on the establishment of contracts for contingency services and supplies and advise on the scope of work development for said contracts, review the portfolio disaster vendor list, purchasing documentation and union agreements. Prepare any required supporting documentation that must accompany the Project Worksheets, including working with the Consortium members to gather details related to employee fringe benefits, overtime, etc. for labor rates to provide to FEMA. 7. Work with appropriate consortium members to assist the FEMA, Federal or State Agency in providing the necessary information, e.g. insurance policies, personnel policies, as requested by those or other agencies to complete necessary documentation for reimbursement and or grant application. Research as necessary to complete all forms. 8. Assist the affected consortium in compiling their initial damage assessments if requested for all expenditures, both in force account and permanent damages, including labor, equipment, materials, contract, rental equipment and all FEMA reimbursement categories. and so on. 9. Assist the affected consortium in completing the appropriate documentation required for federal and state reimbursement, and the submittal of all eligible expenditures for small and large projects to the appropriate agencies, and within the required deadline. 10. Provide assistance to determine if any eligible damages or expenses have not been quantified and presented for reimbursement. 11.Assist in tracking all project documentation submitted and following any outstanding expenditure(s) to ensure that all eligible expenditures are credited through submitted reimbursements. Ensure that the consortium understands why certain expenditures were de-obligated, if any. Track all expenditures and reimbursements to maintain high quality reconciliations of monies expended by the department and or consortium members and submitted for reimbursements versus those actually received. 12. Provide copies of all documentation transacted for reimbursement on behalf of the department, both electronically and hard copy to Collier County OMB or designee for its activity and to the appropriate departments to the members of the consortium. Offer the consortium any project management design and/or coordination ideas that may result in cost savings, efficiencies, or increased reimbursement. 13.Assist the consortium, to provide all necessary backup documentation, e.g. invoices equipment usage documents, etc. that will garner full reimbursement or grant eligibility. The documentation submitted for reimbursement must withstand a FEMA or Federal or State audit and State Emergency Management audit, and the successful proposer will have to support the work for which they are assisting the consortium. 14.Assist with any special documentation and requirements to receive reimbursement under the FHWA program working with the Florida Department of Transportation (FDOT) and consortium. 17-7116 Disaster Recovery Consulting Services 33 ..; 15.Assist the specialized FEMA teams as they become necessary in the process. Specialized beach renourishment FEMA teams may be assigned to Collier County to review the reimbursement in this particular area. The successful proposer would work with this team as necessary to assist in getting reimbursement for the County. The successful proposer may have to work with the Army Corps of Engineers, other Federal agencies along with other State agencies to receive reimbursement. 16. Maintain records of all the documentation provided by the County and or Consortium submitted to any outside agency for reimbursement and provide the County/Consortium with said copies upon request at any point in the process. 17. Once all projects are complete and reimbursement has been drawn down for eligible costs, the successful proposer would assist with final preparations with the State of Florida and FEMA or federal agencies for final inspections and the closeout process for large and small projects. The successful proposer would participate in the exit conferences with the County, State, and FEMA agencies. 18. The successful proposer must be available to assist with any requests for audit information by any source. 19. If any disputes arise between the consortium and FEMA and/or the State, the successful proposer will assist the consortium in strategizing and writing the appeals. 20.The successful proposer must be able to have a team available from the start of the disaster reimbursement process to the closeout process for the consortium. This includes any time accounted for if an appeal is requested by the consortium. 21. Provide miscellaneous services not otherwise described, but which the consortium may require during the course of the Agreement, or any other tasks associated with FEMA and FHWA grant management or documentation reimbursement process as requested by the consortium. 22.The successful proposer will also provide the consortium members with a final report that will summarize the total reimbursement requested, total expenditures by Project Worksheet, and any special circumstances. Additionally, reporting requirements include FHWA reimbursement, total number of Project Worksheets, total reimbursement requested by Category type, total reimbursement requested by small or large project, and any other relevant data. 23.This scope of work does include public adjusting and will include coordinating with each applicant's Risk Management department or its contractor to coordinate insurance and/or FEMA reimbursement as deemed necessary. 24. Provide assistance with Florida Division of Emergency Management Bureau of Recovery Public Assistance document coordination, meetings and project worksheet ammendments. It is the intent of this consortium to award to multiple firms, with the option to procure services from all awarded consultants as needed. Work assignments will be made by requesting a proposal from one or more Firms and the issuance of a Purchase Order for the assigned Task. The Consortium reserves the right to assign all or portions of the work to one or more firms. Each Agency within the Consortium will have an assigned point of contact person. 17-7116 Disaster Recovery Consulting Services 34 EXH BIT B—GRANTING AGENCY PROVISIONS Provided in Separate File 17-7116 Disaster Recovery Consulting Services 35 EXHIBIT C —GRANTING AGENCY FORMS Provided in Separate File 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE, MIWBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions 17-7116 Disaster Recovery Consulting Services 36 , t EXHIBIT A FEDERAL CONTRACT PROVISIONS FEDERAL EMERGENCY MANAGEMENT AGENCY The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. FCP-1 EXHIBIT A FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS 1. Conflict of Interest -This Contract/Work Order is subject to chapter 112, F.S. The vendor shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent(5%) interest in the Contractor's company or its affiliates. 2. Discriminatory Vendors— (1) No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance during the term of the contract. (2) Contractor shall disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1) Submit a bid on an agreement to provide any goods or services to a public entity; 2) Submit a bid on an agreement with a public entity for the construction or repair of a public building or public work; 3)Submit bids on leases of real property to a public entity; or 4) Be awarded or perform work as a consultant under an agreement with any public entity; or transact business with any public entity. 3. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the Federal or State Legislature, the judicial branch, or a federal or state agency. The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure 4. Record Retention —A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. B. In the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the County, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims 5. Diversity —All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit FCP-2 EXHIBIT A FEDERAL CONTRACT PROVISIONS bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 6. Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations and that FEMA financial assistance may be used to fund the contract. As such, the contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 7. Administrative, Contractual, or Legal Remedies - Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 8. Termination for Cause and for Convenience -This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (b) An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in I (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. 9. Patents and Data- No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 10. Clean Air Act and Federal Water Pollution Control Act- (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 • FCP-3 EXHIBIT A FEDERAL CONTRACT PROVISIONS U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable stndards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 11. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida Department of Emergency Management, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." (5) The Contractor's debarment and suspension status will be validated by the County at the System for Award Management at v wwesam. ov and the State of Florida at http://drns.myflorida.com/business/Operations/state/Purchasing/vendor information. 12. Reporting - The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. 13. Access to Records — (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract." Pursuant to Section 20.055(5), F.S., the contractor will cooperate with the State of Florida's Inspector General in any investigation, audit, inspection, review, or hearing. 14. Energy Efficiency Standards - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 15. DHS Seal, Logo, and Flags - "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 16. No Obligation by Federal Government-The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. FCP-4 EXHIBIT A FEDERAL CONTRACT PROVISIONS 17. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 18. Recovered Materials — (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.cov/cpq/products.htm. 19. Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 20. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. FCP-5 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE, M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions GCA-1 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Project Name Title Project Number Firm Tax ID Number DUNS Number Street Address, City, State, Zip Signature GCA-2 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned (Vendor/Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official Date • GCA-3 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Collier County Solicitation No. , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5)to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. GCA-4 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifabie statuses will require the PRIME IC,either prokide a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME MD NUMBER CONTRACT DOLLAR AMOUNT G THE PRIME A FLORA ok-caTIFIED DISADVANTAGED, VETERAN Y N IS THE ACTIVITY OF THIS CONTRACT._ MINORITY CM 5501 SEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? (CIBEIMBEMBE)OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? v H CONSULTATION? ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE7 V N DiTliER? SIBS SA? V N IS TILLS SUBMISSION A REVISION V N if ,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COIVIPLt IL THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY iSee Below) DOLLAR,AMOUNT DOLLARS TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS Of PRIME.SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms.This form must be submitted at tinne of response to a solicitation.if and When awarded a County contract,the prime will be asked to update the information for the grant compliance fdes. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subccrit Asian A,merican SAA Aakan-Pacific Alnefkan APA Non-Minority Women MAW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY D EPA RTM EN T NAME COW ER CONTRACT P çIFERFP or POIREO's GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE GCA-5 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Gg.INT COMPLIANCE FORM rIID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES a iso the,poficy of Collier County that disativantal businesses and Minonly vendors,as defirwil in the.Coots of Federal Regutations(CFR)or Florida Statutes(n),must hove the opportunity to portkioate On contracts with ter:ionic:xi/or stare grant 0. ..-Ikal7Ce... Prime Contractor/Prime Consultant:: Address and Phone Number Procurement NuMberiAdvertisement Number: The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above.The list must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for panic:baton_ Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 3,6,7,and B. This form must be submitted with the bid package. 1. Federal Tax ID Number: 6.— DB E B.Annual Gross Receipts 2. Firm Name: — Non-DBE Less than$1 million 3.Phone Nuraber, Between 5 1-5 million ,.--. 4.Address Between$3-10million 7.— Subcontractor Between$10-15 million — — Subconsultant More than 513 million — — 5. Year Firm Established:: 1.Federal Tax ID Number: 6. DBE B. Annual Gross Receipts — — 2. Firm Name: Non-DBE Less than$1 million ,--- — 3. Phone NumberBetween$1-5 million — 4. Address Between$5-10 million _. 7.— Subcontractor Between 5 10-13 million — Subconsultant More,than$15 million 5.Year Firm Established: 1.Federal Tax ID Number: 6. DEE 6, Annual Gross Receipts — — 2.Firm Name: Non-DEE Less than 51 million ..:—. — 3.Phone NumberBetween$1-5 million — 4..Address — Between 5 5-10million — 7. — Subcontractor Between$10-15 million — Subconsultant More than 5 15 million 5. Year:Firm Established: 1. Federal Tax ID Nuniber 6. — DBE IL Annual Gross Receipts — 2. Firm Name: Non-DEElets than$1 million --. — 3.Phone Number Between 5 1-5 million 4.AddressBetween 5 5-10 million — 7.El Subcontractor Between 510-15 million Subconsultant More than$15 million — 5.Year Firm Established: „.---, lat../A-0 , EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation/Contract# GCA-7 Go_iter Comity Email: brendabrilhart@colliergov.net Administrative Services Department Telephone: (239)252-8446 procxirerireiltSeraioosDivision FAX:(239)252-6697 ADDENDUM 1 Memorandum Date: August 4, 2017 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum# 1 RFP 17-7116—Disaster Recovery Consulting Services The following clarifications are issued as an addendum identifying the following change(s) for the referenced solicitation: 1. Q: Will office space be provided to the selected contractor? Collier County can make "break-out room" space available for up to 10 individuals at the Emergency Operations Center without charge for a period not to exceed 60 days. Will office equipment and support be available? A: Collier County can provide wireless Internet connectivity,and 5 landline phones in the Emergency Operations Center without charge for a period not to exceed 60 days. Computers will not be available. Color and Black and white printing,copying and color maps will be charged at the prevailing rate per copy of the County's leased copier equipment per page charge -payable net thirty(30)days. 2. Q: Page 35, #11 • How often would the vendor require coordination meetings? A: It is Collier County Emergency Management's desire that the vendor meet in March and July of each year jointly with all consortium members to review,evaluate and train on current and best practices as it relates to assembly and nuances of FEMA Project Worksheet data needs, current FEMA policies and concerns,and other topics of interest. A two(2) business day format is suggested at each visit in March and July whereby a joint half day session could occur for mutual concerns of all consortium members and the remaining 1.5 day would be available for each consortium member to have one on one meetings. 3. Q: Has the Consortium and/or county identified standard positions in order to compare rates with other vendors, i.e., Project Manager, Public Assistance Coordinator,Insurance Specialist, Environmental Engineer,Administrative, etc.If so, please provide. A: Collier County has not identified standard positions as this is a new effort by the County. 4. Q: Will the selected vendor mobilize to the Collier County EOC during disaster operations to begin planning for recovery operations? A: The County would reserve the right receive a quote and issue a task order to deploy before landfall if feasible or immediately following landfall at its discretion. 5. Q: Will the selected firm conduct an assessment of existing PA recovery documents, i.e., plans, procedures, guidance? A: If the County chooses to have a firm review existing recovery documents or intervene in pending FEMA PW activity,including the current Fire Management Assistance Grant the County would request a quote for such services and issue a purchase order or task order for such work. There are no requirements to have the vendor(s)review current work at the present time without charge. It is assumed that the vendor(s)would like to meet with consortium members to discuss in general terms what recovery business processes are presently in place so a fast-start can be initiated at the next emergency event.Such assessment of the current business processes for the consortium would be at no-charge. 6. Q: Clarify what information is sought in the requirement to "describe contacts and relationships with your other clients and interaction with FEMA and state agencies". Page 6, Tab II, bullet seven. A: Collier County and its consortium members expressed concern that a large hurricane event would stretch the capabilities of most firms if they had multiple awards within the impacted region, thereby delaying services and expertise to Collier County and the consortium members. Demonstration that Collier County and the Consortium members would be a high priority client is preferred. 7. Q: Please define"lead project staff'. Is this the primary point of contact or any staff with supervisory responsibility or some other standard?Page 6, Tab III, bullet two? A: Collier County and the Consortium members as individual governmental units would be tasking and paying individually for services. Each governmental unit could assign a supervisory level staff liaison to address each project worksheet or related effort. 8. Has the Selection Committee been identified? Yes If so, does it include members of the "Consortium"? Yes If so,which ones? A: Currently,the members severing are from the City of Marco,Naples Airport Authority, Collier Mosquito Control District and Collier County Public Schools. 9. Q: Will a designated Selection Committee member contact proposer's references? A: Typically our Procurement Services staff will contact references. 10. Q: What is the county's definition of a"large disaster"?Page 5, Tab II, bullet four. A: It is our general experience that we sustain substantial residential and commercial structural damage and experience a storm surge greater than 7ft or winds at or near Category 3. 11. Is the"Consortium" a formal quasi-governmental entity with an independent board as defined by Florida Statues, Section 163.01 or is it an informal intralocal agreement?If it is a formal agreement could you provide a copy of the agreement filed with the County Clerk's office? Page 4, "Brief Description of Purchase" A: It is an informal agreement,and requires each individual agency/municipality to negotiate and execute contracts with the awarded firms. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. EXHIBIT C — CONSULTANT'S PROPOSAL (Also attached hereto following this page) Page 13 of 13 #17-7116&Disaster Recovery Consulting Services Disasters,Strategies and Ideas Group,LLC. r _ ,:,-,-.4§,.,4,- f i '' Yk 6 :+J mays ,07:fir ',.:\j'' 4a d ,y -: ' a ` 4 a r ,.. 7.' ,, ',. • L.. x i � .A- + " .. ..,`' 1< a Sit � r- � $ "�' � *'�� ,off ,a �--: �,�. ..�. , "�. -- . EXHIBIT C -4 Consultant's Proposal TABLE OF CONTENTS TAB i COVER LETTER/MANAGEMENT SUMMARY 3 TAB 2 FIRM QUALIFICATIONS 6 TAB 3 SPECIALIZED EXPERTISE OF TEAM MEMBERS 15 TAB 4 TECHNICAL APPROACH 21 TAB 5 COST OF SERVICES TO THE COUNTY 30 TAB 6 REFERENCES 32 TAB 7 ACCEPTANCE OF CONDITIONS 35 TAB 8 REQUIRED FORMS 36 nut .„,,,,, ":..:4 - 4'.' '-',- -• .' 1 _. I I I. tt;',, ' ' :;1,:,-'-t1... 4-- --:-:-.-7,-::: --7,,,:-4‘,.;,.,, -. ➢�� # E h K �P. TAB1 COVER LETTER/MANAGEMENT SUMMARY 3 Brenda Brilhart Procurement Strategist Collier County Administrative Services Department Procurement Services Division 3299 Tamiami Trail East Naples,Florida 34112 August 16,2017 Re:Collier County Disaster Consulting Services#RFP 17-7116 Dear Ms.Brilhart: Disaster,Strategies,and Ideas Group,LLC(DSI)is excited and most appreciative of the opportunity to submit this response to your Request for Proposal("RFP")to provide Disaster Recovery Consulting Services to the Collier County Recovery Consortium,comprised of the Collier County Board of County Commissioners,Collier County Sheriff's Office,Collier County Public Schools,Mosquito Control District,City of Naples,Naples Airport Authority,and City of Marco Island. DSI's well qualified and experienced team can provide Collier County with public adjusting services,technical administrative and training support to assist the County and other municipal governments with damage assessment,disaster recovery project estimation,FEMA force account and small and large project assessment,and Federal Procurement requirements review. Since its creation in 2003,DSI has flourished and grown by abiding by its simple underlying philosophy: Listen first, then act.DSI does not believe in"cookie-cutter"solutions or"one-size-fits-all"services.In its recruitment and retention of team members,DSI values creativity,critical thinking,and customer service as much as it values experience,education,and training in the fields of Emergency Management,Financial Management,and Public Administration.DSI has successfully assembled a team who are not only experts in their professional fields,but have the skills and are committed to the company's philosophy of delivering customized solutions and services based on our clients'unique needs.We are confident that our Public Assistance Team can leverage effective practices strengthened by broad experience to assist the Consortium with obtaining all eligible funding from the Federal Emergency Management Agency's Public Assistance(PA)Grant Program and to monitor and comply with the associated legal and regulatory requirements. Enclosed you will find our background,management plan,approach,credentials and other information in response to the RFP.This response to your RFP highlights the advantages of using DSI to assist Collier County with the recovery program process including: ► Our professionals have managed disaster recovery work in numerous FEMA Regions,the states of Florida and North Carolina,and hundreds of counties,municipalities,special districts, and non-profits, including Collier County and its Consortium partners.Working under contract for FDEM,DSI employees logged 2,763 hours developing and managing debris clearance,emergency protective measures,public utilities,public buildings,and recreational facilities restoration reimbursement projects for Collier County and the other members of the Consortium during the recovery from Tropical Storm Debby and Hurricane Isaac. ► Our team includes local experienced disaster recovery experts who have formerly worked for FEMA, the Florida Division of Emergency Management's Bureau of Recovery,local government emergency management agencies,and the private sector. ► Our professionals are well versed in the Stafford Act provisions,related laws and its implementation of regulations(44 CFR and 2 CFR 200),related to Public Assistance,Hazard Mitigation Grant Programs, and Alternative Procedures. r Our team understands the difficulty,and urgency,of managing recovery funds while managing compliance with state and federal regulations.Since 2011 DSI has closed out over 2,000 Florida projects worth just over$1,300,000,000. 0 During the six declared disasters in Florida since 2011,DSI has written 3,454 FEMA project worksheets for 498 different Sub-recipients worth an estimated $391,000,000. r We bring a Florida based multidisciplinary team approach with a current and fresh perspective from working with our existing clients on many of the high-profile issues related to Hurricanes Hermine and Matthew.Being Florida based,our team can mobilize within 24 hours of a notification from Collier County and/or any Consortium member. If you have additional questions or need more information,please contact our Chief Operating Officer, Tony Ettore at 850-385-4013 or at tony@dsideas.com.Again,thank you for this opportunity to provide our proposal to serve Collier County and the Consortium. Respectfully, cylWa__, 1 A I Linda Berry President 4\ DisastersStrategies,&Ideas Group,LLC D ...) ) 2050 Capital Circle NE, Suite D ilp Tallahassee,Florida 32308 ,0-= ' TAB2 FIRM QUALIFICATIONS 6 COMPANY HISTORY AND BUSINESS ABILITY Disasters,Strategies,and Ideas Group,LLC(DSI)is a full-service emergency management and homeland security consulting firm based in Tallahassee,Florida.DSI specializes in the development of custom solutions and services to best meet the unique needs and requirements of its clients.Since its creation in 2003,by the former Director of Emergency Management for the states of North Carolina and Florida and current Chief Executive Officer Joseph F.Myers,DSI has assisted hundreds of state and local government clients,of all sizes,attain and exceed their program management,community and first responder preparedness,emergency response,and disaster recovery goals.DSI is a certified woman-owned small business that leverages its small size with its highly experienced and educated staff to ensure its clients receive the greatest value for their investment. Since 2008,DSI has been considered a pioneer and national leader in the management of FEMA disaster recovery grants,including the Public Assistance Program.DSI stands out from other service providers in the emergency management field in many ways,but no factor maybe greater than DSI's focus on the provision of quality and innovative recovery services.Unlike its peers,DSI has been specifically built and organized to manage disaster recovery grant programs.DSI's cadre of experienced Public Assistance managers and efficient internal management structure has brought incredible value and quality to its local government and non-profit clients throughout the Southeast. In its prioritization on quality disaster recovery management services,DSI has been recognized for many of its achievements in progressing the field,including: ► The development and implementation of significant infrastructure changes within the Recovery Bureau of the state of Florida's Division of Emergency Management(FDEM)resulting in the overhaul of FDEM's Public Assistance project closeout and direct administrative cost management system.The implemented changes resulted in significant savings and efficiencies within the Division and,in April 2013,DSI was awarded the Governor's Cost Savings Award for its innovative and impactful solutions in this project. 1 Pioneering the negotiation and incorporation of performance benchmarks with financial consequences into contracts for professional disaster recovery grant management services.DSI has routinely met,and often exceeded,its clients'performance benchmarks. 1 Building exceptional relationships with FEMA regional and national staff resulting in unparalleled trust and access.DSI is the only firm within the eastern United States allowed by FEMA to write projects directly into FEMA's project management and tracking system,EMMIE. •7 DSI CAPABILITIES FOR THE CONSORTIUM Over the past 16 years,Collier County and its Consortium partners have been included in 10 Presidential Major Disaster Declarations resulting in 468 recovery projects and nearly$83 million in obligated federal disaster relief funds.The path to financial recovery for the members of the Consortium has,in some cases,been difficult, at times enduring millions of dollars in de-obligations and state and federal audits necessitating participation in the lengthy and frustrating appeals process.The members of the Consortium,and their residents,deserve a disaster recovery consultant that is completely capable of managing all facets of the state and federal disaster recovery programs.As the Consortium's evaluators will see in further detail throughout the response to this RFP, DSI possesses all the capabilities of the ideal disaster recovery consultant being sought by the Consortium. Highlights of DSI's capabilities relevant to the requirements of this RFP are included below and discussed in greater detail throughout this response. DSI IS A RECOGNIZED LEADER IN THE MANAGEMENT OF FEMA'S PUBLIC ASSISTANCE GRANT PROGRAM, AS WELL AS AN EXPERIENCED MANAGER OF THE FEDERAL HIGHWAY ADMINISTRATION'S EMERGENCY RESPONSE (FHWA-ER) AND FEMA'S FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM (FMAG) Since 2011,DSI has managed and/or closed-out over 5,000 FEMA project worksheets and recovered more than$1.7 billion for nearly Soo Florida sub-recipients.Included in these project development totals,DSI staff have managed 258 debris collection and monitoring projects as well as 33 beach restoration projects with recovered costs totaling $48 million[$22 million and$26 million respectively].Clearly,as the current FEMA project closeout manager for the state of Florida,DSI has the experienced staff and proven processes in place to efficiently and quickly develop and closeout the Consortium's projects. DSI's recovery staff have thousands of hours of experience and training in the management of the FHWA-ER and FMAG grant programs. Since 2015,DSI has been the disaster recovery consultant for the Florida Department of Transportation and has filled vital roles in the management of the program and the training of FDOT staff regarding the policies and guidelines of the FHWA-ER.DSI's recovery staff have also worked at least 7 separate FMAG declarations in either Texas or Florida. DSI IS EXPERIENCED IN MANAGING LARGE SCALE DISASTERS AND DEPLOYMENTS As the sole disaster recovery management consultant for the Florida Division of Emergency Management, DSI has deployed and managed staff assisting hundreds of sub-recipients throughout the state for every Presidential Major Disaster Declaration in the State since 2011.DSI's largest deployment involved 5o staff for Tropical Storm Debby and 45 for DR-4177(Pensacola Flooding).The staff included a mix of project specialists, Public Assistance Coordinators,and other technical and supervisory staff.DSI assisted 140 Applicants develop 1,233 PWs after Debby and 63 Applicants develop 1,027 projects after Dr-4177.In its service to the state of Florida since 2011 in response to 6 separate declared disasters,DSI's average deployment has involved 44 staff developing and managing 575 projects for 83 sub-recipients. Certainly this should demonstrate DSI's uncompromising attention to the highest standards of professionalism and capabilities and our commitment to consistent high-quality results for all Sub-recipients served. Indeed,during the recovery from Tropical Storm Debby and Hurricane Isaac,39 DSI project specialists,Public Assistance Coordinators,closeout specialists,and supervisors logged over 2,763 hours developing,managing, and closing debris clearance,emergency protective measures,public utility,and public facility,including recreational facilities,repair and restoration projects for Collier County and its Consortium partners. DSI IS BUILT TO SUPPORT ITS CLIENTS THROUGHOUT ALL PHASES OF DISASTER RECOVERY WITH INDUSTRY EXPERTS DSI has thoughtfully built its team to ensure that its clients never have to fear suffering gaps in the excellent services they expect.From pre-event assessments of critical policies and documentation procedures to damage assessment and project worksheet development to closeouts and appeals,DSI has staff with the experience and knowledge necessary to ensure the highest quality service to the client.DSI's capable staff includes former long-term FEMA planning and recovery officials,former State Emergency Management Directors,former state Public Assistance managers,a former Chief Legal Counsel to FDEM,public adjusters,and a former local Florida Emergency Management Director and County Administrator.This team will ensure that all of the Consortium's pre-and post-event needs are met with the highest professional standards. DSI IS AN INDUSTRY LEADER IN THE CAPTURE AND SUCCESSFUL REIMBURSEMENT OF DIRECT ADMINISTRATIVE COSTS (DAC) ATTRIBUTED TO DSI'S AND ITS CLIENTS' DEVELOPMENT AND MANAGEMENT OF ELIGIBLE PROJECTS DSI has successfully developed and implemented a direct and indirect DAC cost monitoring,tracking,and billing system.DSI has developed 561 DAC projects totaling over$22 million in reimbursements to FEMA,and will use this knowledge and experience to ensure that Collier County and its Consortium Partners are able to claim as much DAC as possible to minimize its financial exposure in the wake of any disaster. DSI IS PREPARED AND CAPABLE TO FIGHT FOR ITS CLIENTS Unfortunately,de-obligations and audits do occur and the process can be time-consuming,technical,and frustrating.DSI has found that the best way to combat these unfortunate events is to ensure that DSI's project specialists and Public Assistance coordinators are highly trained and experienced and are empowered to immediately confront any disagreements regarding eligibility or conformance to guidelines at the point of project development.DSI also employs a rigorous quality assurance and quality control process to all project worksheets to ensure compliance with state and federal standards and that all conflicts are resolved prior to the obligation of funds. Should a member of the Consortium still encounter a de-obligation or audit,then DSI will immediately assign its Chief Operating Officer and General Counsel,Tony Ettore,to manage the appeal or audit. Mr.Ettore formerly served as Chief Counsel to the Florida Division of Emergency Management and specializes in disaster recovery law and rule interpretation.Mr.Ettore has written and submitted close to zoo first and second FEMA appeals on behalf of the State DEM and various sub-recipients,so if appealable issues arise for any Consortium member,DSI will be able to develop and process the appeal timely without the need to task a County Attorney or hire private counsel. 9 We have developed the following company organizational chart that will be implemented as the Consortium's consultant.While the precise assignments for Consortium members may vary,the professionals utilized by DSI will not. Disasters,Strategies&Ideas DSI President Public Assistance Program Linda Berry Collier County Consortium Operations Chief Executive Officer Organization Chart Joe Myers Chief PA DAC Operating Officer Program Specialist Tony Ettore PA Preparedness Projects Olivia Lagergren-Schmidt Dustin Hinkle Meaghan Marx Harold Joyner Public Assistance David Crisp PA Special Programs Program Operations Historical Preservation Section Chief Environment Kevin Adkison PA Field Operations Beaches Debris Joe Zgodzinski Insurance COLLIER COUNTY Amanda Cox Adjuster y 7 I CONSORTIUM Peggy Tuttle 1 I I COLLIER COUNTY COLLIER COUNTY COLLIER COUNTY CITY OF MARCO ISLAND MOSQUITO DISTRICT SCHOOLS 051 Team Leaders D51 Team Leader DSI Team Leader DSI Team Leader Kevin Adkison Bob stinebaugh Patrick Schellert Jeanne Devlin Joyce Watters PA Specialist PA Specialist PA Specialist PA Specialist Rose Sibert Peter Lanneau David McMahlil Harold Watters,PE COLUER COUNTY CITY OF NAPLES SHERIFFS OFFICE CITY OF NAPLES AIRPORT DSI Team Leader 051 Team Leader DS!Team Leader Adam Snyder Darryl Cox Kathy Moody PA Specialist PA Specialist PA Specialist Jeff Smith Jerry Washington Grant McFeyden OVERALL QUALIFICATIONS For the past 14 years,DSI has been regarded by its clients and its peers as a leader in the provision of innovative and effective disaster recovery consultant services.DSI is a leader in the federal grant management industry because of the leadership of its President and Owner Linda Berry and its Chief Executive Officer,and former state of North Carolina and Florida Emergency Management Director,Joseph F.Myers and their vision to create an organization built to complement its clients'capabilities and eliminate redundancies.This commitment to efficiency and expertise of service has allowed DSI to amass the very best,and most experienced,disaster recovery professionals and reduce its overhead resulting in efficient and cost-effective services to clients. Following this vision,DSI has been tremendously successful in maximizing reimbursements to affected communities.DSI's accomplishments include: ► 19 Presidential Major Disasters worked,including Hurricanes Katrina,Ivan,Rita,Charley, Isaac, and Wilma ► 3,454 Project Worksheets developed and managed ► 2,039 projects closed-out ► More than$1,700,000,000 in project worksheet reimbursements either developed or closed out for Florida jurisdictions ► $22 million in direct administrative costs reimbursed for DSI's and its clients'time and effort in administering the Public Assistance Program 10 DSI's recovery team also possesses extensive experience and training in the specialized services being sought by Collier County and its Consortium Partners.Of the 263 disaster recovery projects approved and obligated, spanning to major disaster declarations,89% of Collier County's total obligated funds($53,027,246.39)from the PA Program are attributed to 12 projects.These 12 projects include four funded from Category A—Debris Removal and the remaining eight funded from Category G—Recreational and Other,attributable to beach reconstruction and re-nourishment projects.Funds from Category B—Emergency Protective Measures account for nearly too%,58%,and 54%of total federal obligated funds(since 2001)for the Collier County Sherriff's Office,the Collier County Mosquito Control District,and the City of Marco Island,respectively. Collier County Public Schools and the Naples Airport Authority historically derived 79% and 62%,respectively, of obligated federal funds,over the same time span,from Category E—Public Facility restoration. Collier County also continues to be engaged in the appeals process,appealing initial decisions to de-obligate $9,188,497 and$9,316,305.71 in beach re-nourishment costs in recovery from Tropical Storm Gabrielle and Hurricane Wilma,respectively. DSI's recovery team is fully capable and qualified to represent Collier County and the Consortium in these and all recovery issues.DSI's specific Florida experience includes: ► 258 Category A—Debris Removal projects developed and managed for a total value of$22,299,000 ► 256 Category G—Recreational Facility permanent restoration projects developed and managed,including 33 beach re-nourishment projects obligated with a value of$48,000,000 ($26,000,000 beaches) ► S70 Category B—Emergency Protective Measures projects developed and managed with a total value of$58,000,000 ► 364 Category E—Public Facilities permanent restoration projects developed and managed for a value of$67,000,000 ► 150 first and second appeals written seeking the recovering$17,000,000 in de-obligated funds And these numbers are only for our project development work on the front end of disasters and do not count our thousands of projects worth more than$1.3 billion that we have closed out in Florida. Throughout the years,clients have utilized DSI's skills and expertise to ensure that their policies and practices with regard to the disaster recovery process are efficient,effective,and compliant with federal grant program rules and guidelines.In the immediate aftermath of Tropical Storm Debby,the state of Florida engaged DSI to provide staff support in completing Preliminary Damage Assessments.In total,DSI committed a staff of 37 experienced disaster recovery professionals to complete and compile preliminary damage assessments in 4o counties.Florida was able to secure a Major Disaster Declaration due to the tireless and focused efforts of DSI's PDA professionals.DSI has also been asked by the state of Florida to conduct similar PDAs in the wake of Hurricane Isaac and flooding events in 2013 and 2014.In 2011,DSI was engaged by FDEM to review and update the Division's policies and procedures related to FEMA project closeout.The result of the project streamlined the Division's approach and methodology for the management of project closeouts leading to a dramatic increase in the number of closeouts accomplished.DSI has also been employed by FDEM,FDOT,and multiple counties and municipalities to provide training to staff related to grant program compliant documentation creation, assembly,and maintenance.DSI is fortunate to include in its cadre of professionals two former State Emergency Management Directors,a former State Public Assistance Officers,a former State Emergency Management General Counsel,and a former Florida County Administrator and Emergency Management Director.These individuals,along with DSI's PA staff,have vast experience in assessing and drafting organizational policies and procedures to ensure compliance with program requirements. 1i DSI's staff of disaster recovery professionals possess broad experience in the management of other federal disaster recovery programs and the provision of related professional services.The eligibility and documentation requirements for FEMA's Fire Management Assistance Grant(FMAG)Program are modeled after the requirements for FEMA's Public Assistance Grant Program.DSI's top Public Assistance Coordinators, Kevin Adkison,Jeanne Devlin,and Kathy Moody,have extensive experience reconciling mutual aid reimbursement for claimants on multiple FMAG events in the states of Florida and Texas.As the current disaster preparedness and recovery consultant for the Florida Department of Transportation,DSI has forged the relationships and gained the knowledge necessary to successfully manage the Federal Highway Administration's Emergency Relief Program.DSI counts many among its team,including Kevin Adkison,Darryl Cox,and Jeanne Devlin,with direct experience inspecting and processing the Detailed Damage Inspection Reports required by the program.DSI also retains on its staff a former FDOT engineer and contract manager with direct experience with completing DDIRs and interpreting and following state and federal programmatic procedures and guidelines.The DSI team also includes Bob Stinebaugh,a licensed Public Adjuster who has saved Florida sub-recipients millions of dollars in FEMA reimbursements.As a former General Counsel to FDEM and a former County Administrator,DSI COO Tony Ettore and Senior Consultant Dustin Hinkel have years of experience managing municipal insurance claims and carriers and drafting solicitation materials to comply with local,state, and federal laws.In his tenure as County Administrator,Mr.Hinkel served on the Board of Trustees for the Florida Association of Counties Trust and participated in meetings of its Claims Committees where claims were evaluated and processed. FLORIDA EXPERIENCE DSI's unparalleled experience working on behalf of sub-recipients,large 039 CLOSEOUT and small,in the state of Florida makes the firm uniquely qualified to serve PROJECTS Collier County and its Consortium Partners.As the sole disaster recovery consultant for the Florida Division of Emergency Management and the Florida Department of Transportation,DSI staff have been deployed to > $1.3 BILLION represent the state in its assistance of Sub-recipients in every Presidentially declared Major Disaster since 2009.In total,at the request of its clients,DSI has deployed staff to assist 498 Sub-recipients throughout the state of Florida in response to six Presidential Major Disaster Declarations recovering more than$390,000,000 in eligible disaster response and recovery costs.In this capacity,DSI staff aided Florida's Sub-recipients in the coordination of official(Kickoff meetings, Scope of Work meetings,etc.) and unofficial meetings with FEMA,inspection and quantification of damages,Project Worksheet drafting, required supporting documentation research and assembly,troubleshooting and resolving issues of lack of documentation or program eligibility,quality assurance review for accuracy and program compliance,and final submission of Project Worksheets and supporting documentation.In the past eight years,no firm has been more instrumental or successful in recovering disaster response and recovery costs for Florida's communities than DSI. In addition to its excellent services in the field compiling and managing Project Worksheets and representing the state of Florida and its sub-recipients, DSI also has extensive,and unmatched,experience in managing and ensuring disaster recovery projects are closed out properly.In 2011,after assisting FDEM in the overhaul of its Recovery Bureau,DSI assumed all responsibility for the state of Florida's disaster recovery project closeout program.To ensure that the state of Florida was receiving the highest productivity possible,DSI pioneered the incorporation of performance measures and productivity benchmarks into its professional services contract for closeouts.To this day,DSI continues to exceed all expectations and has never under-produced on its performance measures.Presently,DSI continues to make tremendous strides in project closeouts for the State of Florida.All totaled,we have closed out 2,039 projects for a total value exceeding$1.3 billion. 2 In its role as the state of Florida's sole disaster recovery consultant,DSI has had the honor of working alongside the emergency and administrative staff of Collier County and many of its Consortium Partners.During the recovery from Tropical Storm Debby and Hurricane Isaac,39 DSI project specialists,Public Assistance Coordinators,closeout specialists,and supervisors logged over 2,763 hours developing and managing recovery projects.DSI staff have also assisted members of the Consortium for Hurricanes Charley,Frances,Ivan,Jeanne, Katrina and Isaac and Tropical Storm Bonnie.In total,DSI staff,working on behalf of the state of Florida, have assisted the Collier County Consortium recover over$25 million in local disaster response and recovery costs. From its broad experience on the national scale to its specific experience working in the state of Florida and alongside the members of the Collier County Consortium,DSI has the experience and qualifications necessary to be successful disaster recovery managers and advocates for the Consortium.DSI will leverage its experience gained while working on the state-wide scale to ensure that every member of the Consortium receives the highest quality disaster recovery services they expect.As shown in this section,DSI has the expertise and experience to successfully take on any disaster recovery task encountered or anticipated by the members of the Consortium. List of Current DSI Government Clients DSI is fortunate to count among its current clients several state government agencies.In service to these clients DSI has had the opportunity to work on thousands of diverse projects,spanning all requirements of FEMA's Public Assistance Grant Program, and to assist hundreds of counties,municipalities,and non-profits. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 POINT OF CONTACT: Wes Maul, Chief of Staff- (850) 413-9969 LENGTH OF SERVICE: March 2009 to Present SERVICES PROVIDED: Project Worksheet development and management, project closeouts, Preliminary Damage Assessment, internal policy and procedure review and drafting, staff training, and appeals drafting. SUB-RECIPIENTS Alachua County, Baker County, City of Jasper, City of Madison, Bay County, Bradford SERVED UNDER ! County, City of Sanibel, Brevard County, Broward County, Florida Commission of CONTRACT Community Service, Calhoun County, Charlotte County, Citrus County, Clay County, WITH CLIENT: Collier County, Columbia County, Florida Department of Children and Families, Desoto County, Dixie County, City of Neptune Beach, City of Live Oak, Duval County, Escambia County, Flagler County, Franklin County, City of Port St. Joe, Gadsden County, City of Jacksonville, Gilchrist County, Glades County, Gulf County, Hamilton County, Hardee County, Hendry County, Citrus County Sheriffs Office, Hernando County, Highlands County, Hillsborough County, Holmes County, Indian River County,Jackson County, Jefferson County, Clay Electric Cooperative, Lafayette County, Lake County, Columbia County School Board, Lee County, Leon County, Levy County, Liberty County, Madison County, Manatee County, Marion County, Martin County, Miami-Dade County, Monroe County, Nassau County, Alligator Point Water Resources District, Eckerd College, Okaloosa County, Lee County Electric Cooperative, Okeechobee County, Orange County, Osceola County, Palm Beach County, Pasco County, Pinellas County, Polk County, Putnam County, Saint Johns County, town of Indian Shores, Saint Lucie County, Santa Rosa County, Sarasota County, City of Madeira Beach, Seminole County, City of Dunedin, Sumter County, Suwannee County,Taylor County, Union County, Volusia County,Wakulla County,Walton County,Washington County, City of Chiefland, City of Punta Gorda, town of North Reddington Beach,Tri-County Electric Cooperative, ! State College of Florida, town of Fort Myers Beach, and many others. 13 NORTH CAROLINA DIVISION OF EMERGENCY MANAGEMENT 1636 Goldstar Drive Raleigh, NC 27607 POINT OF CONTACT: Joe Stanton,Assistant Director & Recovery Chief- (919) 825-2349 LENGTH OF SERVICE: December 2013 to Present SERVICES PROVIDED: Project Worksheet development and management, project closeouts, Preliminary Damage Assessment, internal policy and procedure review and drafting, staff training, and appeals drafting. SUB-RECIPIENTS Bertie County, Edgecombe County, Wayne County, Sampson County,Cumberland SERVED UNDER County, Bladen County, Robeson County, Columbus County, Brunswick County, CONTRACT City of Cotton Volunteer Fire Department, City of Creswell, Deep Run Water WITH CLIENT: Corporation, Dillard Academy, City of Fairbluff, Fairbluff Volunteer Fire Department, City of Fairmont, Fork Township, City of Fremont, City of Garland, City of Goldsboro, Goldsboro Housing Authority, City of Grifton,Township of Hookerton, City of Hope Mills, Lenoir Community College, Lenoir County, Lumbee Tribe, City of Lumberton, Lumberton Housing Authority, Lumberton Rescue Squad, City of Magnolia, City of Maxton, City of Mount Olive, Town of Newton Grove, Town of Parkton, City of Parmele, Pembroke Rescue Squad,Town of Pembroke, City of Pikeville, Pine Terrace Volunteer Fire Department, City of Plymouth, City of Princeville, Princeville Volunteer Fire Department, City of Proctorville, City of Red Springs, Red Springs Rescue Squad,Town of Robersonville, Robeson Community College, Robeson County Housing Authority, Robeson County School Board, Town of Roseboro,Town of Rowland, City of Seven Springs, Seven Springs Volunteer Fire Department, Southeast Community College, Southern Wayne Sanitary, City of Spring Lake, City of St. Paul,Tabor City,Town of Snow Hill, University of North Carolina Pembroke, City of Walnut Creek, City of Warsaw, Washington County, Wayne County Public Schools, City of Whiteville. FLORIDA DEPARTMENT OF TRANSPORTATION 605 Suwannee Street Tallahassee, FL 32399 POINT OF CONTACT: Irene Cabral, EM Coordinator- (850) 414-5336 LENGTH OF SERVICE: August 201 5 to Present SERVICES PROVIDED: Public Assistance related internal policy and procedure review and drafting and staff training TAB3 SPECIALIZED EXPERTISE OF TEAM MEMBERS DSI has significant experience in managing a workforce focused on FEMA's Public Assistance Grant Program. Indeed,our staff has not only performed these duties for DSI,but all of them have also performed disaster response and recovery for local,state,and/or federal government agencies. As stated before,our CEO is Joe Myers,the former Director of both the North Carolina and Florida Divisions of Emergency Management, and he has assembled a team for DSI just as he did when he was in government.The company and our staff are experienced,well-trained,respectful,and ready to deploy and perform within 24 hours. All of DSI's staff will also deploy with a full complement of necessary equipment,such as a personal laptop, a digital camera,cell phone,GPS,a vehicle,and any other supplies they may need to perform effectively. DSI's executive leadership is also a critical aspect of our ability to successfully deploy and maintain an effective workforce.Our leadership team has led state responses in scores of disasters in Florida,so they are well aware of what processes and procedures must be followed.Our team also includes a former Small County Administrator, who managed his local government through several Presidential Disaster Declarations.His participation and perspective is critical to ensure that DSI is doing everything it can to properly advocate for the Consortium members.We are also intimately familiar with the DEM organization and apparatus,allowing us to integrate as true partners with the Consortium when you are recovering from a disaster. The overall roster selected for the Consortium includes 23 professionals with a total of 275 years of experience. We understand that the Consortium members combined may not need this level of assistance,but we have presented this number to give you an idea of the staffing levels we are capable of maintaining,as well as the different types of subject matter expertise we can offer.This large multi-page chart that follows identifies these individuals,their prospective role,years of experience,and the area of emphasis of their skillset.While the size of the disaster would certainly impact our initial deployment,our thoughts are that initially we would deploy one PA Lead along with a specialist in different areas.Certainly our mix of staff to be deployed would be completely dependent upon the unique recovery needs of the various Consortium members. The simple organizational chart below depicts our perception of our staff structure when we deploy to any of the individual Consortium members in the wake of a declared disaster: Public Assistance Lead Emergency Work Permanent Work Public Assistance Public Assistance Specialist(s)working Specialist(s)working with Finance&all with Finance&all affected departments affected departments with an emphasis on; with an emphasis on: Debris •Beaches&Parks •Emergency •Roads Protective Measures •Wastewater •Buildings •Hazard Mitigation Opportunities •Environmental& Insurance 1u Here is our comprehensive staff listing for the entire Consortium: Collier Consortium RFP - Team Member Qualifications General PA Disaster Experience LARGE PA EXPERIENCE BASED IN NAME DISASTERS PROPOSED ROLE SINCE 2008 FLORIDA? WORKED Kevin Adkison 20+ 9 years Yes Public Assistance Lead Joyce Watters 20+ 9 years Yes — ' Public Assistance Lead ____....._..._.__._.. I Jeanne Devlin 20+ 9 years Yes Public Assistance Lead I Darryl Cox 20+ 9 years Yes Public Assistance Lead Adam Snyder i 20+ 9 years Yes Public Assistance Lead jPatrick Schellert 20+ 9 years Yes Public Assistance Lead I I Robert Stinebaugh j 20+ 9 years Yes Insurance Specialist Harold Watters,PE 20+ 2 years Yes , PA/FHWA/Engineering Specialist I Rose Sibert 20+ 9 years No PA/Engineering Specialist I Grant McFayden I 20+ 9 years Yes , PA Specialist Jerry Washington 20+ — 9 years Yes 1 PA Specialist I David McMahill 20+ — 9 years No PA Specialist Jeff Smith 20+ 9 years Yes PA Specialist Peter Lanneau ! 20+ 9 years Yes i PA Specialist Kathy Moody ! 20+ 6 years Yes PA Specialist Specific PA Disaster Experience FMAG FHWA DEBRIS BEACH PUBLIC OTHER SPECIALTY NAME EXPERIENCE EXPERIENCE EXPERIENCE RESTORATION ADJUSTING EXPERIENCE SINCE 2008 SINCE 2008 EXPERIENCE EXPERIENCE Kevin Adkison 3 events Yes 12+years 10+events I Beaches Joyce Watters Yes 12+years 10+events Yes Beaches Jeanne Devlin 3 events I Yes 9+years 10+events ; Debris,Fires Darryl Cox 2 events Yes 12+years 6 events 1 Beaches, Adam Snyder Yes 12+years Debris Patrick Schellert Yes 12+years Ii Robert Stinebaugh Yes 6+years Yes Yes Public Adjusting Wastewater, Harold Watters,PE Yes 12+years 10+events Roads,Bridges Wastewater, Rose Sibert 12+years Roads,Bridges Grant McFayden 12+years 10+events — Jerry Washington 12+years 10+events David McMahill Yes 12+years Debris I � Jeff Smith 12+years 4+events Peter Lanneau Yes 12+years 4+events � — Kathy Moody 2 events Yes 6+years 1 event I EXECUTIVE DSI STAFF While many contractors will have persons with experience working at FDEM, DSI has staff that has led the agency.Joe Myers was the Director,Tony Ettore was the General Counsel,and Kevin Adkison was the Public Assistance Officer.DSI may not be the largest company that is competing for this work,but we certainly have the deepest and most significant Florida PA recovery experience of any firm the Consortium is considering. Joe Myers - DSI Principal Joe Myers,Chief Executive Officer,formed DSI(in 2003)after serving as the Director of the Florida Division of Emergency Management(eight years)and the North Carolina Division of Emergency Management(eight years)and he has been involved in emergency management in local and state government for more than 38 years. Mr.Myers was twice elected President of the National Emergency Management Association and held that position during the years that the Stafford Act was passed and reauthorized.Mr.Myers is a nationally known expert in the area of disaster preparedness,response and recovery. Many leaders in Emergency y Management at the local,state and federal level have served under Mr.Myers's leadership and mentorship—including many current members of FEMA and FDEM leadership. Tony Ettore - DSI Contract Manager • Tony is DSI's Chief Operating Officer and will act as our Contract Manager for any contract resulting from this solicitation.Mr.Ettore has been an attorney for over 25 years and his experience includes being the General Counsel for the Florida Division of Emergency Management.During that time,he not only acted as FDEM's attorney on all operational,contract,and personnel matters but also acted • as attorney for the State Emergency Response Team.In this position Mr.Ettore helped lead the State of Florida through the 12o-day activation precipitated by the Deepwater Horizon oil spill.Mr.Ettore provided legal counsel to the Recovery Section on the specific interpretation of the rules and regulations governing the PA program,and therefore he is extremely familiar with all aspects of the Stafford Act and its implementing policies.He also served the Bureau of Mitigation extensively and is familiar with all aspects of the 406 program.While at FDEM Mr.Ettore was also responsible for the review of all draft first and second appeals filed with FEMA, and is a member of several federal courts,including the Supreme Court of the United States.Mr.Ettore will be responsible for overseeing all Consortium appeals, will provide legal opinions to DSI's staff on PA and mitigation issues,and will assist in the resolution of any insurance related disputes. He has submitted hundreds of FEMA appeals on a variety of topics,including more appeals on the reimbursement of DAC costs than virtually any other attorney in the nation,so DSI can definitely insure that we will be an advocate for any Consortium members interests from the start of a project to its absolute conclusion. '` While we have included and described the experience of an entire team of PA professionals for the Consortium above,we would like to highlight the experience of our following team members.We also want to point out that all staff for the Consortium will be DSI employees,not merely contractors.In fact,of the 23 staff listed on our organizational chart, 21 are current employees. • Kevin Adkison is DSI's Recovery Manager with fifteen years of emergency management experience, having served in multiple roles in the public and private sectors assisting communities across the country with their disaster recovery efforts across 46 presidentially declared events. Having served as the Public Assistance Officer for the State of Florida where he managed a staff of 27,worked on 28 presidentially declared events,oversaw the closure of more than 2,000 Large Projects,and managed a Public Assistance program valued at over$5 billion.Additionally,he served as a Recovery Specialist throughout the country on 18 presidentially declared events in FEMA Regions 2,4,5,6,and 7 assisting communities with their disaster recovery efforts.He is well versed,with practical experience,in all areas of FEMA Public Assistance, including preliminary damage assessment,project development and management,payment processing, Final Inspection and Closeout,and formal appeals.He will be DSI's Recovery Manager for the Consortium. • Bob Stinebaugh is a licensed Florida Public Adjuster and his license and any other relevant certifications are current.He will be DSI's Project Lead for any public adjusting work for which we may be tasked by Consortium members.As a DSI employee working DR 1551 for the Okaloosa School District closeout,he reviewed the relevant insurance documents,had FEMA reopen the case,the roofs were re-inspected and the Applicant received an additional$1.68 million as a result of his diligent efforts. • Darryl Cox has been a disaster recovery manager for over if years,including five years with the Florida Division of Emergency Management.As a Public Assistance Coordinator,he was responsible for a wide range of field activities from preliminary damage assessment and project inception to final inspection and closeout.Darryl has been active on over 20 Presidentially declared disasters,primarily in leadership roles. He has personally worked on thousands of FEMA project worksheets valued at over$500 million dollars. Darryl is highly skilled in debris removal,construction practices,insurance,alternate/improved projects, mitigation services and Direct Administrative Cost,as it relates to FEMA PA work categories A-Z.Since joining DSI,Darryl's areas of responsibility have continually expanded to include contract and task order negotiations,senior staff management, and business development.He currently holds over 20 special FEMA certifications and regularly conducts trainings on current policy. • Joyce Watters is a 13-year veteran in the emergency management field.She has managed up to 75 employees while maintaining consistent control over contract deliverables.While managing projects with face values of over$1 billion and never being late on those deliverables,Watters has been a proven leader and contract manager for DSI. She was a consistent top-performing Public Assistance Coordinator from 2005 to 2011 while with the State of Florida Emergency Management. She has been a multi-county recovery manager with an outstanding track record while managing several multi-million dollar projects. Her primary areas of expertise include estimating construction projects for roads and bridges,beaches, buildings,piers,and parks. • Dustin Hinkel is a former County Administrator in Florida.He is very familiar with the many challenges facing local agencies in disaster recovery and organizing the various local departments to fit into a complete recovery process. He is also a former County Emergency Management Director,so he has the technical and programmatic knowledge as well.He will assist Mr.Ettore with the management of this contract by acting as an additional liaison between DSI and any Consortium members and he will be available to be tasked by Consortium members for any appropriate tasks that may arise. • aeanne Devlin has over 25 years of Emergency Management experience as both a government employee and as a private contractor. Jeanne's experience includes a focus on project writing and on working with the Hazard Mitigation Grant Program. Her duties have included analyzing and evaluating selected project applications,supporting documentation,and federal agency inspection reports for accuracy and compliance with applicable FEMA policies and procedures.Jeanne has also coordinated with FEMA compliance audits and closeout procedures to audit and close large federally-funded project grants. She is also an expert in the conduct of benefit cost analyses. Jeanne has also worked extensively throughout her career in Texas and Florida, and has a deep understanding of the Public Assistance Program,Hazard Mitigation and the processes followed by FEMA and the State. 19 While evident in our comprehensive staff chart,we wanted to further highlight our FHWA and FMAG experience.We know that there have been fires that have affected Consortium members and DSI would be ready and able to work the FMAG grants immediately.FMAG eligibility and documentation requirements were modeled after the PA program.Kathy Moody,Jeanne Devlin,and Kevin Adkison all have extensive experience reconciling mutual aid reimbursement for claimants on multiple FMAG events while working for FDEM. Kevin Adkison was involved with the reconciliation and payment of claimants on the Florida Caloosahatchee Fire Complex(FM-2692),Florida Brevard Fire Complex(FM-2765),and the Florida Martin County Fire Complex(FM- 2819).Ms.Devlin worked FM-1999 and FM-4o29 in Texas and the FM-2902 Slope Fire here in Florida.Regarding FHWA,many of our staff have experience reviewing DDIRs during the Final Inspection of PWs and are prepared to provide the Consortium with any FHWA issue that may arise. Our team also includes many professionals with extensive beach restoration experience with FEMA. Indeed,we have conducted a thorough analysis of any and all beach PWs for any Consortium member and have analyzed them for the issues covered well and those that were missed.While inclusion of the full analysis is beyond the scope of this response,we believe that dedicated personnel are required by the Consortium to ensure accurate and consistent management of multiple storm-related beach renourishment grants to avoid the issues and de-obligations of projects such as DR 1609-PWs 2700 and 6733.Our review of the over-versioned PW27oo showed that more than$2.6 million in eligible costs were lost just due to the inconsistencies in the valuation of sand loss due to variances in the reports and surveys.Knowledgeable,experienced,dedicated beach experts will prevent this from happening to any Consortium member and DSI can provide just such staff. Finally,over its 14 years of existence,DSI has had the great opportunity to gain extensive experience by assisting hundreds of clients throughout the Southeast navigate and manage the complex PA environment.This experience includes working on behalf of Collier County and its Consortium Partners.During the recovery from Tropical Storm Debby and Hurricane Issac,DSI employees logged a total of 2,763 hours developing and managing recovery and restoration projects for Collier County and many of the members of the Consortium.On behalf of Collier County,alone,DSI staff logged 1,831 hours developing and managing debris clearance,emergency protective measures,and recreational facility restoration reimbursement projects. DSI is proud of its work in Collier County and is proud to report that the cost to the State for virtually every hour logged in service of Collier County and its Consortium Partners has been included in a Category Z Project for recovery by the state of Florida as eligible direct administrative costs.Indeed,both Darryl Cox and Adam Snyder, proposed Project Leads for us,worked on behalf of Consortium members while deployed by the State. In compliance with the RFP,DSI affirmatively states that it will not change any of its proposed project lead staff unless approved and accepted by the Consortium in writing.With that being said,however,given the nature of this solicitation in that a winning firm may be subject to task orders from various Consortium members,the exact deployment of those team leads may vary from that set forth in the included organizational chart. 20 TAB4 TECHNICAL APPROACH 21 In this section DSI will provide the following: ► An affirmation that DSI will provide all elements of the Detailed Scope of Work included in the RFP ► A review of DSI's approach to pre-event services ► An outline of DSI's project approach when deployed after a declared disaster / A discussion of how DSI would provide services if multiple nearby counties affected ► Technology ► Social Media SPECIFIC RFP REQUIREMENTS DSI has represented FDEM almost primarily since 2011,which included deployments to sub-recipients on six declared disasters,including to Collier County.While we continue to be the primary consultant to FDEM,the model by which they provide recovery services has changed.FDEM will no longer be sending staff out to the Counties to assist with project development in the wake of declared disasters.Rather,they will be focusing on assistance from headquarters.DSI's role with the agency will also be headquarters based,focusing on closeouts and other administrative tasks.This change in the nature of the recovery model now allows DSI to seek local work of significance. If DSI represents the Consortium we will be as responsive to your requests and needs as possible.We will attend any meeting or deploy for any task within 24 hours, as our Florida-based staff allows for such a rapid response time.Further,DSI's public adjuster and contract manager are both full-time employees that can devote their full energies to the implementation and management of this contract and any issues that may arise thereunder. The RFP also includes quite a long"Detailed Scope of Work." While we are hesitant to duplicate it here,there seems to be no way to condense it any further,and we want to ensure that the Consortium is aware that we can perform every element mentioned in the list.Therefore,DSI affirmatively states that we will perform the following for the Consortium[with comments in blue]: 1. Participate annually in WebEOC training with Emergency Services and have staff available to locate on site at the EOC as needed. DSI will provide a staff person free of charge for one day of deployment to the EOC for WebEOC training. 2. Provide Public Adjuster construction claims consulting. Such efforts may include re-construction estimation,bid document preparation and construction and budget oversight. Bob Stinebaugh is a licensed public adjuster. 3. Provide grant management advice to the Consortium members related to FEMA,Federal,or State agency pass-through grants.The successful proposer will review the County's and or Consortium members' current record-keeping strategy for documentation.The successful proposer may be required to provide the County with pre-disaster assistance in an effort to assess what requirements are needed within the consortium to prepare for gathering the needed expenditure data,assign required disaster liaison,and/or any other pre-disaster preparation that maybe required.Proposer will assist the affected departments and consortium members to develop a standard guideline as part of their emergency plans on how reimbursement expenditures are recorded,what type of documentation should be maintained, and provide any other associated services that may be directly related to support recovery costs and reimbursement from appropriate agencies. DSI has a Recovery Ready program that includes all of the above, and we are ready to implement it for every Consortium member immediately. 4. File the initial Request for Public Assistance(RPA)after the initial disaster(event)within the deadline time period.Meet all stated deadlines to meet FEMA and the State's required timelines to recover full reimbursement. DSI specializes in FEMA disaster recovery. Our main comment here is that the FEMA model for delivering PA services changed in June 2017. The three main steps are now an Applicant Briefing, an Exploratory Call, and a Recovery Scoping Meeting. DSI will represent the Consortium effectively no matter what model is used. 22 5. Meet with FEMA Representative and the State Public Assistance Coordinator for the Initial Kickoff Meeting to discuss what the County's and or Consortium member's initial disaster related damages and expenditures appear to be.Review the procedures and follow-up processes required to support full reimbursement and or grant funding. 6. Review contracts,advise the Consortium on the establishment of contracts for contingency services and supplies and advise on the scope of work development for said contracts,review the portfolio disaster vendor list,purchasing documentation and union agreements.Prepare any required supporting documentation that must accompany the Project Worksheets,including working with the Consortium members to gather details related to employee fringe benefits,overtime,etc.for labor rates to provide to FEMA. With DSI's Recovery Ready program and a COO that is a former DEM General Counsel and a procurement expert, DSI can provide an effective and complete review of all contracts and policies. This is a critical step to avoid de-obligations later. 7. Work with appropriate consortium members to assist the FEMA,Federal or State Agency in providing the necessary information,e.g.insurance policies,personnel policies,as requested by those or other agencies to complete necessary documentation for reimbursement and or grant application.Research as necessary to complete all forms. DSI staff knows about every necessary form. 8. Assist the affected consortium in compiling their initial damage assessments if requested for all expenditures,both in force account and permanent damages,including labor,equipment,materials, contract,rental equipment and all FEMA reimbursement categories. 9. Assist the affected consortium in completing the appropriate documentation required for federal and state reimbursement,and the submittal of all eligible expenditures for small and large projects to the appropriate agencies,and within the required deadline. 10. Provide assistance to determine if any eligible damages or expenses have not been quantified and presented for reimbursement. 11. Assist in tracking all project documentation submitted and following any outstanding expenditure(s)to ensure that all eligible expenditures are credited through submitted reimbursements.Ensure that the consortium understands why certain expenditures were de-obligated,if any.Track all expenditures and reimbursements to maintain high quality reconciliations of monies expended by the department and or consortium members and submitted for reimbursements versus those actually received. Projects can be tracked on EMMIE and through our DAC database, DSI will also develop and optimize a project tracking system specifically for the Consortium. 12. Provide copies of all documentation transacted for reimbursement on behalf of the department,both electronically and hard copy to Collier County OMB or designee for its activity and to the appropriate departments to the members of the consortium.Offer the consortium any project management design and/or coordination ideas that may result in cost savings,efficiencies,or increased reimbursement. 13. Assist the consortium,to provide all necessary backup documentation,e.g.invoices equipment usage documents,etc.that will garner full reimbursement or grant eligibility.The documentation submitted for reimbursement must withstand a FEMA or Federal or State audit and State Emergency Management audit,and the successful proposer will have to support the work for which they are assisting the consortium.Since DSI has closed-out thousands of Florida projects, we know exactly what forms work and which ones do not. Our back-end knowledge of projects has allowed us to hone our front-end work to avoid issues. 14. Assist with any special documentation and requirements to receive reimbursement under the FHWA program working with the Florida Department of Transportation(FDOT)and consortium. 23 15. Assist the specialized FEMA teams as they become necessary in the process.Specialized beach renourishment FEMA teams may be assigned to Collier County to review the reimbursement in this particular area.The successful proposer would work with this team as necessary to assist in getting reimbursement for the County.The successful proposer may have to work with the Army Corps of Engineers,other Federal agencies along with other State agencies to receive reimbursement. DSI has experienced beach experts as employees. 16. Maintain records of all the documentation provided by the County and or Consortium submitted to any outside agency for reimbursement and provide the County/Consortium with said copies upon request at any point in the process. DSI will do all such tracking on its proprietary system, and we will even keep track of, and process, the DAC of the Consortium employees on the system. 17. Once all projects are complete and reimbursement has been drawn down for eligible costs,the successful proposer would assist with final preparations with the State of Florida and FEMA or federal agencies for final inspections and the closeout process for large and small projects.The successful proposer would participate in the exit conferences with the County,State,and FEMA agencies.We are closeout experts. 18. The successful proposer must be available to assist with any requests for audit information by any source. We have handled many FEMA audits. 19. If any disputes arise between the consortium and FEMA and/or the State,the successful proposer will assist the consortium in strategizing and writing the appeals.Our staff has been responsible for the drafting and filing of almost 200 FEMA appeals. 20. The successful proposer must be able to have a team available from the start of the disaster reimbursement process to the closeout process for the consortium.This includes any time accounted for if an appeal is requested by the consortium. 21. Provide miscellaneous services not otherwise described,but which the consortium may require during the course of the Agreement,or any other tasks associated with FEMA and FHWA grant management or documentation reimbursement process as requested by the consortium. DSI is ready to assist with any FHWA, FMAG, or local government administration issues. 22. The successful proposer will also provide the consortium members with a final report that will summarize the total reimbursement requested,total expenditures by Project Worksheet,and any special circumstances.Additionally,reporting requirements include FHWA reimbursement,total number of Project Worksheets,total reimbursement requested by Category type,total reimbursement requested by small or large project,and any other relevant data.DSI can run reports of billing and reimbursement data on demand for the Consortium. 23. This scope of work does include public adjusting and will include coordinating with each applicant's Risk Management department or its contractor to coordinate insurance and/or FEMA reimbursement as deemed necessary.We have a licensed public adjuster that has over 10 years of PA experience. He has saved Florida sub-recipients millions with his expertise. 24. Provide assistance with Florida Division of Emergency Management Bureau of Recovery Public Assistance document coordination,meetings and project worksheet amendments. 2( PRE-EVENT SERVICES Too often,in the chaos and uncertainty of the recovery phase of a disaster,too many communities realize that they have overlooked a critical element in their disaster recovery preparedness program,particularly the review and update of internal policies and procedures for procurement and the management of personnel,resources, and facilities.While certainly not matters of life and death,errors in the procurement of goods and services, documentation of damages,and maintenance of personnel and facility records could mean lost opportunities to recover millions of dollars in reimbursements of local funds from federal disaster relief programs like FEMA's Public Assistance Grant Program.DSI's thoughtful and thorough process to evaluate and update internal policies to ensure compliance with state and federal grant requirements will not only maximize the Consortium's ability to recover disaster related expenses,but will also ensure that the affected agency will be able to navigate through its recovery as efficiently as possible.When the local government is confident in its ability to recover its costs, then more time can be devoted to services to assist local residents and businesses in their recovery. DSI is fully capable and prepared to provide pre-disaster services to Collier County and the Consortium to ensure that policies and procedures related to procurement and claim documentation fit within the rules and guidelines of the PA Program and the Federal Highway Administration's Emergency Relief Grant Program. Upon the request from Collier County or any of the Consortium members,DSI will assemble a team of subject matter experts,custom tailored to the specific areas of interest identified by the client.The team will be mobilized immediately to meet with the client onsite to begin the assessment process.The team will remain onsite for as long as is needed to observe and learn the client's policies and processes.DSI believes that is only through a thorough understanding of how and why the client has developed its unique policies and procedures, that a recommendation for improvement can be made that is respectful of the client's abilities and has a high likelihood of a successful implementation.Once the assessment is completed,the team will cross-reference their observations with grant program requirements and guidance,as well as industry best-practices,to identify any gaps or deficiencies and formulate recommendations.At the project's completion,the client will be presented a report outlining the team's observations and recommendations. Should the client want additional services, members of the team are experienced with and can be tasked to draft and monitor policy implementation. As a firm,DSI has direct experience in the provision of these services at the state and local levels.At the state level,DSI has been engaged multiple times over the past 8 years to review,offer recommendations,and draft policies and procedures for the Recovery Bureau of the Florida Division of Emergency Management in response to programmatic changes in the Public Assistance Grant Program.On the local level,DSI's project specialists, Public Assistance Coordinators,and subject matter experts have reviewed hundreds of policy documents and advised Sub-recipients on the documents'ability to meet program compliance standards.These local services have included the review and analysis of potential solicitation and contract documents for Sub-recipients prior to procurement.With our expert review of your solicitations prior to making purchases,especially large ones, procurement errors that may lead to later de-obligations can be avoided.DSI looks forward to providing these services to Collier County and its Consortium partners. Li PROJECT APPROACH DSI couples technology with its experience and knowledge, allowing for our services to be delivered and tracked much more effectively than is standard in the industry.We do this by utilizing a web-based timekeeping system that tracks all project data that is accessible by desktop,tablet,or smartphone for both office and field use.With these processes in place,real-time,advanced reporting with customization options will be made available to the Consortium by DSI. Should the Consortium be impacted by a Presidentially-declared disaster, DSI will be prepared to provide trained and experienced staff for the major activities outlined in this section.Of course,we will work at the direction and with the oversight of the Consortium's Project Manager,yet we are experienced and skilled enough to get to work immediately on any issue that may impact the Consortium during its recovery. 1. Project Start-up: FEMA Public Assistance Advisory Services To accomplish the necessary tasks,DSI proposes the following joint actions: ► Finalize specific deployment task order and other details; ► Discuss roles&responsibilities of all involved; ► Determine current status of activities; ► Identify specific project staff,determine number and type of resources needed; ► Determine performance metrics/objectives; ► Identify information technology needs/requirements and; ► Establish timeline for project and reporting protocols. Our PA experts include subject matter experts,program policy experts,a former State Public Assistance Officer, and a former county manager. This team is ready to support the Consortium when called upon. With the knowledge,credentials and years of experience in recovery,our team can assist the Consortium in the set-up of the entire recovery process--from damage assessments to project closeouts. Our well-trained staff prevented the loss of millions of dollars during the 2004/2005 closeouts as FEMA proposed cutting unit costs with only subjective reviews to back up their decisions. Again,following Hermine and Matthew,as one of the largest debris companies lost their electronic load tickets and could not provide them for backup,DSI stepped in with enough staff to hand count the original tickets for the sub-recipient,thereby saving the applicant from a huge loss. 2. Implement Project Tracking & Quality Control. An important element of a successful recovery by the Consortium will be the implementation of an effective Project Tracking and Quality Assurance/Quality Control system. We are extremely proud to say that we are the leaders on performance and quality control in this industry. As projects are formulated,DSI's in-house expert QA/QC team will perform reviews for the Consortium,to provide a final look at the project before it is submitted for approval. DSI's QA/QC team has reviewed thousands of projects for its clients and has found that this practice helps expedite the approval process by identifying and correcting any errors,omissions,or missed opportunities before the project is advanced,thus saving time and money by minimizing the effort that must be spent making corrections. DSI has developed and implemented numerous QA/QC procedures and engaged in extensive internal performance reporting to ensure the on-time completion of all deliverables. The DSI team has demonstrated this commitment consistently and has never failed to meet a deliverable requirement. 3. Establish Project Management & Schedule Protocols. To ensure that the Consortium's needs are fully met,DSI will conduct weekly(or more frequently if desired) conference calls with field staff to better identify and manage issues as they arise. The Consortium staff will be encouraged to join these calls to raise questions and receive consistent and timely status updates of all projects managed during the disaster declaration.Certainly,our team will be available to assist in responding to any inquiries from FEMA. This is a role that we play on a daily basis in each and every disaster for which we are deployed. This close work with each individual project promises prompt and accurate responses to any FEMA inquiries. 4. Capture all Direct Administrative Cost for FEMA Reimbursement. A key part of our efforts from initial project development,to monitoring,to inspections and final closeouts will be the documentation of administrative costs under the FEMA Direct Administrative Cost(DAC)program. Our staff will utilize our industry-leading experience and system in documenting both direct and indirect costs. With our successful development,creation,and implementation of a direct and indirect DAC cost monitoring,tracking,and billing system,DSI can verify its claim that it has the best relevant experience in this area of any of our competitors.DSI has developed more than 56o DAC projects totaling over$22 million in reimbursements to FEMA,and will use this knowledge and experience to ensure that the Consortium is able to claim as much DAC as possible to minimize its financial exposure in the wake of any declared future disasters. 5. Perform Interim and Final Reconciliations. As requested,DSI will complete all of the following reporting and closeout tasks: ► Validate and document completion of all small projects ► Perform routine and final inspections of all large projects,certify completion,and submit final cost accounting to the Consortium ► Make recommendations for interim disbursements and final reconciliations ► Provide technical assistance for database administration that facilitates project tracking and quarterly reporting to FEMA for the Consortium ► Work with the Consortium, State and FEMA to close out the public assistance grant after all applications have been closed 27 The skill and experience of our PA staff will provide the Consortium with the confidence that the disaster funds flowing to their jurisdictions will be maximized to the greatest extent possible,while all FEMA rules,regulations, and requirements are adhered to completely.Of special note is DSI's familiarity and expertise with the entire suite of new federal procurement regulations.DSI is prepared to assist the Consortium with any issue that may arise under 2 C.F.R.200.317-200.326 to ensure that any procured services,materials,and/or supplies are fully eligible for reimbursement by FEMA. From the moment that the Consortium calls DSI to request a deployment of staff to the time that our staff arrives will be no more than 24 hours,if required.Our relatively small size compared to some of our industry competitors allows us to be nimble,flexible,and fully responsive to our client's needs. MULTIPLE COUNTY DISASTERS As the Public Assistance consultant for the North Carolina and Florida Divisions of Emergency Management, and the Florida Department of Transportation,capability,capacity,and scalability are primary axioms of DSI's successful philosophy.However,DSI has no current contracts with any other counties or cities in Florida,so a disaster that affected nearby counties as well as members of the Collier Consortium would not at all impact our ability to provide our services as detailed herein.Further,if we were to be the successful proposer of this solicitation,DSI will guarantee that it will not seek any other similar disaster recovery contracts for any jurisdiction in Southwest Florida. Hypothetically,if DSI was contractually committed to several sub-recipients across the state in a major disaster or a series of smaller ones,the DSI team does have the technical skills and management capabilities to simultaneously provide services to the Consortium and other clients.For instance,in June 2012,Tropical Storm Debby severely impacted north Florida from Pensacola to Jacksonville,DSI activated and deployed twenty- eight personnel within 48 hours from the time the task order was received to conduct Preliminary Damage Assessment in behalf of the State Division of Emergency Management. Before the PDA process was completed, the State received a Presidential Disaster Declaration requiring DSI to provide additional personnel to assist with Applicant Briefings and Kick-off Meetings in numerous counties. At this point,DSI had 35 staff members in the field performing various missions. To compound this situation,Hurricane Isaac impacted the east coast of Florida and again at the request of the State DSI deployed personnel for the initial PA operations. During this dual PA operation,DSI had over sixty personnel in the field and an administrative support group of eight staff members in the home office. Similarly,during Hurricanes Hermine and Matthew DSI deployed over 65 personnel to both Florida and North Carolina. These two disaster incidents clearly demonstrate DSI's ability to provide capacity and capability to establish and maintain quality professional services to Collier County,including all members of the Consortium,and other counties without issue. TECHNOLOGY The most important technological aspect of the services that DSI offers to the Consortium is our system for compiling,tracking,billing and reporting of direct administrative costs.The system has been used to process over$22 million in DAC claims so it is both efficient and effective.As part of our offering,we will make our system available to track your staff's eligible DAC time as well,thereby increasing the reimbursement of actual time spent on specific projects. The other element of our technological offering to the Consortium is that DSI will provide a digital repository of all project information and documents that will also function as a process monitor.It will allow Consortium members the opportunity to manage documentation in one place on a password protected system developed and labeled for this project. It will give Consortium members a reliable system of document storage and project tracking that will far surpass the efficacy or approachability of FloridaPA.org. 28 With the tracking of time and project information on our DAC system,and the access to a private system for all recovery related documentation and project information,DSI offers the Consortium the exact type of technology augmentation that you can use immediately and effectively. SOCIAL MEDIA The importance of communication via social media during the response to and recovery from disasters cannot be overstated.As was seen in many areas around Florida when dealing with Hermine and Matthew in 2016,those jurisdictions that heavily utilized social media received praise from their citizens.Press conferences,newspaper updates,and even radio reports may occur sporadically throughout a day or even only once daily.This is not sufficient at a time when news is spread almost immediately via the internet and other media outlets. DSI has noted the social media usage of the Consortium members,as follows: Collier County Commissioners—Facebook,Twitter and YouTube ' Sheriff's Office—Facebook and Twitter ► Collier County Public Schools—Facebook,Twitter,Google+and YouTube Mosquito Control District—YouTube,Facebook and Twitter ► City of Naples—CodeRED,Facebook and Twitter 1 Naples Airport Authority—No social media links ► City of Marco Island—Twitter ► Collier County Emergency Management-Facebook,Twitter and Instagram This cataloging of social media use by the Consortium members shows that you already utilize social media to communicate.DSI can assist with the use of these social media outlets during the recovery phase of a disaster, which is normally when its use tends to taper off.It is important for the public to know what is happening with the recovery process and when public services will become available.While this may not be an area where a Consortium member may ever need assistance,DSI is able to assist in these areas if needed as we also participate on social media and believe in its usefulness for the recovery from disasters. 29. TAB5 COST OF SERVICES TO THE COUNTY 30 Cost DSI was a pioneer in the development of fully burdened rates in the emergency management industry, and we heartily support the Consortium's demand for,and reliance upon,this concept.We will never seek reimbursement for any of our expenses including travel,lodging,per diem,overhead,profit or any type of operational cost.DSI will also never seek reimbursement for any administrative or clerical work associated with any tasks given us by Consortium members.Indeed,we can fulfill every position for any task ever given us by a Consortium member with a single rate of$106 per hour. Since we do not bill for clerical work,all positions we bill for will be qualified and experienced professionals that can actually fill multiple roles. This $106 per hour rate includes our public adjusters,our PA team leads,appellate work by an attorney, engineering work by our on-staff engineer,planning work, EOC staff augmentation,and a multitude of other tasks.The only differentiation in rate will be that work that can be completed by staff that is not deployed, will be billed at$15 less per hour,or$91 per hour. We are aware that having a single rate is much different than what is expected in the industry.However we have conducted an analysis of pricing and roles tasked by Sub-recipients and it seems that the most experienced staff are often not selected due to their high rates.At DSI,we want to encourage our clients to select the most qualified professional for the task at hand,and we believe that having a single rate will lead to less adverse selection for lower-priced staff.Sure,we pay our employees varying rates based on their roles and experience,but that does not mean that Collier County and the Consortium members should. Our single rate approach will make all the financial issues and administration much simpler than a contract with a multitude of rates and position classes.DSI prides itself on being direct and providing the best solution for our clients,and thus while various rates may increase our profit margins,this approach demonstrates,from the very beginning,our company commitment to putting the Consortium first. With regard to our experience in recovering our fees from FEMA,over$22 million of our fees have been processed for reimbursement on behalf of FDEM,with millions of additional dollars pending.We have developed and refined a DAC tracking system[provided at no cost,even to Consortium employees]that has been proven effective at capturing administrative costs and processing them for reimbursement.With our system and extensive experience with DAC processing,we believe that over 9o% of the cost of our fees will be recoverable in a post-disaster task environment.Even pre-disaster,many of our fees,such as for closeouts and successful appeals,will also be largely recoverable.The recovery of direct administrative cost fees is an area in which DSI has deep and extensive experience that we believe easily exceeds that of any of our competitors. Many of our top managers have followed DAC since its inception and are quite aware of all issues that may arise relating to FEMA reimbursement. While the RFP provides to pages for this Section,we believe our single fee approach and tremendous DAC experience is better set forth succinctly. 31 TAB6 REFERENCES 62 DSI has been fortunate that we have been able to focus our business model on the provision of our disaster recovery services to both the states of Florida and North Carolina.With this client base,our direct contractual PA representation to individual sub-recipients has been limited.Rather,we have represented almost every County and municipality in Florida with our work on both the front end of storms and by handling the closeouts. Through our deployment from DEM,DSI has represented Florida's counties on every declared disaster since 2011.We have also closed over 2000 PWs for Florida sub-recipients during this time.Thus,our FDEM and NCEM references,while not precisely what was requested in the RFP,actually demonstrate professional representation far more extensive and complex than the results of a single project. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 POINT OF CONTACT: Wes Maul, Chief of Staff- (850) 413-9969 LENGTH OF SERVICE: I March 2009 to Present SERVICES PROVIDED: ! Project Worksheet development and management, project closeouts, Preliminary Damage Assessment, internal policy and procedure review and drafting, staff training, and appeals drafting. SUB-RECIPIENTS i Alachua County, Baker County, City of Jasper, City of Madison, Bay County, Bradford SERVED UNDER County,City of Sanibel, Brevard County, Broward County, Florida Commission of CONTRACT I Community Service, Calhoun County, Charlotte County, Citrus County, Clay County, WITH CLIENT: Collier County, Columbia County, Florida Department of Children and Families, Desoto County, Dixie County, City of Neptune Beach, City of Live Oak, Duval County, Escambia County, Flag ler County, Franklin County, City of Port St.Joe,Gadsden County, City of Jacksonville, Gilchrist County, Glades County, Gulf County, Hamilton County, Hardee County, Hendry County, Citrus County Sheriffs Office, Hernando County, Highlands County, Hillsborough County, Holmes County, Indian River County,Jackson County, Jefferson County, Clay Electric Cooperative, Lafayette County, Lake County, Columbia County School Board, Lee County, Leon County, Levy County, Liberty County, Madison County, Manatee County, Marion County, Martin County, Miami-Dade County, Monroe County, Nassau County,Alligator Point Water Resources District, Eckerd College, Okaloosa County, Lee County Electric Cooperative, Okeechobee County, Orange County, Osceola County, Palm Beach County, Pasco County, Pinellas County, Polk County, Putnam County,Saint Johns County, town of Indian Shores, Saint Lucie County, Santa Rosa County, Sarasota County,City of Madeira Beach, Seminole County, City of Dunedin,Sumter County, Suwannee County,Taylor County, Union County, Volusia County,Wakulla County,Walton County,Washington County, City of Chiefland, City of Punta Gorda,town of North Reddington Beach,Tri-County Electric Cooperative, State College of Florida, town of Fort Myers Beach, and many others. 33 NORTH CAROLINA DIVISION OF EMERGENCY MANAGEMENT 1636 Goldstar Drive Raleigh, NC 27607 POINT OF CONTACT: ! Joe Stanton,Assistant Director& Recovery Chief- (919)825-2349 LENGTH OF SERVICE: December 2013 to Present SERVICES PROVIDED: I Project Worksheet development and management, project closeouts, Preliminary Damage Assessment, internal policy and procedure review and drafting,staff training, and appeals drafting. - SUB-RECIPIENTS Bertie County, Edgecombe County,Wayne County, Sampson County, Cumberland SERVED UNDER County, Bladen County, Robeson County,Columbus County, Brunswick County, CONTRACT I City of Cotton Volunteer Fire Department, City of Creswell, Deep Run Water WITH CLIENT: Corporation, Dillard Academy, City of Fairbluff, Fairbluff Volunteer Fire Department, City of Fairmont, Fork Township, City of Fremont, City of Garland, City of Goldsboro, Goldsboro Housing Authority, City of Grifton,Township of Hookerton, City of Hope Mills. Lenoir Community College, Lenoir County, Lumbee Tribe,City of Lumberton, Lumberton Housing Authority, Lumberton Rescue Squad, City of Magnolia, City of Maxton, City of Mount Olive,Town of Newton Grove,Town of Parkton, City of Parmele, Pembroke Rescue Squad,Town of Pembroke. City of Pikeville, Pine Terrace Volunteer Fire Department,City of Plymouth, City of Princeville, Princeville Volunteer Fire Department, City of Proctorville, City of Red Springs, Red Springs Rescue Squad,Town of Robersonville, Robeson Community College, Robeson County Housing Authority, Robeson County School Board,Town of Roseboro,Town of Rowland, City of Seven Springs, Seven Springs Volunteer Fire Department, Southeast Community College, Southern Wayne Sanitary, City of Spring Lake, City of St. Paul,Tabor City,Town of Snow Hill, University of North Carolina Pembroke, City of Walnut Creek, City of Warsaw. Washington County,Wayne County Public Schools,City of Whiteville. WALTON COUNTY 76 North 6th Street DeFuniak Springs, FL 32433 POINT OF CONTACT: Angie Biddle, Grants Manager- (850) 951-7041 LENGTH OF SERVICE: ll 2011 -2015 SERVICES PROVIDED: ' DSI has provided significant support to Walton County's disaster recovery efforts.This included professional services in the areas of FEMA Public Assistance and Mitigation. In the aftermath of major flooding and severe storms in July 2013 (DR 4138), DSI developed 41 large and complex infrastructures and 18 small projects totaling nearly$28 million. Our efforts included applicant briefings, project development: project monitoring; payment tracking: interim and final project inspections; and final closeouts. DSI also authored many project scope changes to achieve maximum results for the county.We also conducted interim inspections of open projects to control quality and identify any cost overruns that might result in additional funding. Our services were also provided in the aftermath of major flooding in April-May of 2014 (DR 4177). with DSI developing 57 additional large and small projects totaling nearly$2 million. For this disaster, scope changes were also processed for many of those projects. I At this point 100%of funding due to the county has been obligated by FEMA. In addition to these more recent disaster events, DSI was responsible for final inspections and closeouts of Walton County's large projects for previous disasters— dated back to 2004 (DR 1545, DR 1551, DR 1602, DR 1539, EM 3288, DR 1595). 3<, TAB7 ACCEPTANCE OF CONDITIONS DSI does not make any exceptions to the general terms and conditions of the RFP. TAB8 REQUIRED FORM SUBMITTALS Included are the following: X Vendor Check List EI Conflict of Interest Affidavit X Vendor Declaration Statement Affidavit for Claiming Status as a Local Business X Immigration Affidavit Certification X Vendor Substitute W-9 ® Insurance and Bonding Requirements X Certification Regarding Debarment, Suspension,and Other Responsibility Matters- Primary Covered Transactions X Certification Regarding Lobbying IX Conflict of Interest Certification XI Anticipated DBE,MBE,WBE,or VETERAN Participation Statement X Opportunity List for Commodities and Contractual Services and Professional Consultant Services 0 Acknowledgement of Grant Terms and Conditions 36 Goiter CoHnty Administrative Services Department Procurement Services Omsion Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: CI The Proposal has been signed. 2;) All applicable forms have been signed and included, along with licenses to complete the requirements of the project. 4 Any addenda have been signed and included. Name of Firm: Disasters, Strategies and Ideas Group, LLC Address: Physical: 2050 Capital Circle NE, Floor 2, Suite D Mailing: PO Box 12333 City, State, Zip: Physical: Tallahassee, FL 32308 Mailing: Tallahassee, FL 32317-2333 Telephone: 850-385-4013 Email: da si.idea . Representative Signature: / Representative Name: Linda Berry Date 6//1 17-7116 Disaster Recovery Consulting Services 23 . C Otter COulity Administrative Services Department Procurement Services Drosion Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County prject affiliated with: RFP 17-7116 Disaster Recovery Consulting Services does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the "ground rules" for affiliated past or current Collier County p 'actidanUhed8boVe (e.g.' vvrifingGprocu[gnlen('sState0gDtofvvork. spenificaUons' 0[ performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County pjectidenUUedabovetngva|Uod8propona|a/pastp8rforman000fihse|foraoornpetitor' which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County pject identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor/ consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned pje(t; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the"sunshine") conversation (s), meeting(s), document(s) and/or other means. 3. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced pjoct(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financia|, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Disasters, Strategies and Ideas Group, LLC g//6/2..0/1Signature and Date: �—� ) 4, If Print Name: Linda Berry Title of Signatory: President State---- of ida ------' �------��---`� � Flor County of SUBSCRIBED AND SWORN to before me this i'fl, day cd aw'1 mS+ .20 11 , by Linda Berry __ . who is ~esonuU known to me to be the President _ for the Firm, OR who produced the a identification /*u� r,. .,. 0 Itit 4 44.701, -- c��m�m��pn�8 05 ) 4 ,;::::;k:,,,' My CommEwwmu May 4,2020 1 17-7116 Disaster Recovery Consulting Services ' 24 � \ ,^/ Colter County Administrative Services Department Procurement Services Dtv,sw Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMiSSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 17-7116 Disaster Recovery Consulting Serioes Dear Commissioners: The undersigned, as Contractor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Contractor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced RFP 17-7116 Disaster Recovery Consulting Services (Proposal Continued on Next Page) 17-7116 Disaster Recovryoonsmmmsepmo 25 PROPOSAL CONTINUED IN WITNESS WHEREOF,WE have hereunto subscribed our names on this j&-ril day of ALSt. , 20/1 in the County of Leon, in the State of Florida. lJ Firm's Legal Name: Disasters, Strategies and Ideas Group, LLC Address: 2050 Capital Circle NE, Floor 2, Suite D City, State, Zip Code: Tallahassee, FL 32308 Florida Certificate of Does not apply—Certificate of Status provided with Proposal Authority Document Number: Federal Tax Identification 56-2369236 Number CCFI # or CAGE Code 7F2C9 Telephone: 850-385-4013 FAX: 850-385-1510 Signature by: (Typed and written) Lin B rry I Title: President Additional Contact Information Send payments to: Disasters,Strategies and Ideas Group, LLC (required if different from above) Company name used as payee Contact name: Gloria Perryman Title: Finance and Accounting Manager Address: PO Box 12333 City, State,ZIP Tallahassee, FL 32317-2333 Telephone: 850-385-4013 FAX: 850-385-1510 Email: gloria@dsideas.com Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 17-7116 Disaster Recovery Consulting Services 26 Collier Couxzty Administrative Services Department Procurement Services Division Attachment 5: Immigration Affidavit Certification Solicitation: RFP 17-7116 Disaster Recovery Consulting Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor!Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Disasters, Strategies and Ideas Group, LLC Print Name Linda Berry Title President //6/ Signature 1 Date 10t7 State of Flor' / County of Leon th The foregoing instrument was signed and acknowledged before me this /G day of/ut131- ,20 /7, by Linda Berry,who is personally known to me, MOW,-((PPrintorTyp�e�Na.J�me/)/�('pn_' 1 �1 y Vv 14/' I�f. y�/1/G/ \111111 `1::P '" GLORIA ANN PERRYMAN Notary Public Signature Notary Public•Slate of Nadas t'i �c Commission M FF 909155 Gloria Ann Perryman `I:C . My Comm.Expires May X1.2020 Printed Name of Notary Public FF 989155 May 4,2020 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 17-7116 Disaster Recovery Consulting Services 27 Co zer County Administrative Services Department Procurement Services Divimon Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name._,Disasters,Strategies and Ideas Group.LLC (as shown on income tax return) Business Name (if different from taxpayer name) Address_..PO Box 12333 City Tallahassee State FL Zip 32317-2333__.___ Telephone 850-385-4013 FAX 850-385-1510 Email gloria@dsideas.com Order Information Remit/Payment Information Address PO Box 12333 Address PO Box 12333 City Tallahassee State FL Zip 32317-2333 City Tallahassee State FL Zip 32317-2333 FAX 850-385-1510_ _.___..._.. FAX 850-385-1510 ._. Email_.gloriadsideas.com Email gloria@dsideas.com 2. Company Status(check only one) _Individual/Sole Proprietor Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity X Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) P Enter the tax classification (0=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 56-2369236 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ='� ,/ i Aa - Date 04/2-0/7 Title Finance and Accounting Manager Phone Number 850-385-4013 17-7116 Disaster Recovery Consulting Services f28 C©i[ier County Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. 41 Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ► Employer's Liability $100,000 single limit per occurrence 3. Fii Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. NI Indemnification To the maximum extent permitted by Florida law, the Contractor/ Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ►1 Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. !Z1 Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ►AI Professional Liability $1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ .Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. /1 The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. /tet Thirty(30) Days Cancellation Notice required. RLC 7/7/2017 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm �/�6 /�n/ri Disa ers, Str tegies ..-14 Ideas Group, LLC Date Vendor Signature G � Print Name Linda Berry Insurance Agency Black Bear Insurance Agency(Commercial Gen Liab./Auto Liab. /Umbrella Liab.) McKee Insurance Agency(Professional Liability and Workers Comp) Agent Name Donna Casenove for Black Bear 407-774-2327 Chad Gardner for Mckee 850-545-0833 17-7116 Disaster Recovery Consulting Services 30 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debmned, auspanded, proposed for debarmant, declared ine|igib|o, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Fadeno|. State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of nenonjo, making false sto<amonto, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity F d |. State or local)with commission of any of the offenses enumerated in paragraph (l)(b)of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective imory participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Linda Berry Name Project Name President Title Project Number Disasters, Strategies and Ideas Group, LLC 56-2368238 Firm Tax ID Number 166617972 DUNS Number 2050 Capital Circle NE, Suite D,Tallahassee, FL 32308 Street Address, City, Stat-, Zip ^�� `~ '—L ^j 8a/e � � ' � j EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned Disasters, Strategies and Ideas Group, LLC(Vendor/Contractor)certifies, to the best of his or her knowledge and belief,that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,which is incorporated by reference into this solicitation, purchase order or contract. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, Disasters, Strategies and Ideas Group, LL rtifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Linda Berry Name of Authorized Official President Title 42....r /.. Signature of Vendor/Contractor's Authorized Official 4,71 D .••16-2017 Date GCA-3 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification RFP 17-7116 Collier County Solicitation No. I, Linda Berry , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. Linda Berry Name President Q Q-l(o- Zoll Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law.See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. _____- GCA-4 EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status w be verified, Umerda tie statuses wit require the PRIME to either pronnde a revir-ed statement or provide source documentation that validates a status, A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME HID NUMBER CONTRACT DOLLAR AMOUNT Disasters,Strategies and Ideas Group,LLC 56-2369236 Unknown !STK PRAM A IFICRIDA-CERTIPED DISADVANTAGED, VETERAN V N LS THE ACTIVITY OF THIS CONTRACT_ MINORITY OR WOMEN BUSINESS ENTERPRISE? D8E V N CONSTRUCTION' (DISE/MSEIWBE)OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERT-MCAT-ON FROM THE SMALL BUSINESS 1"136 N CONSULTATION? N ADMINISTRATION? A SERViCE DISABLED VETERAN) WBE? N OTHER? SDB BA? V N IS THIS SUBMISSION A REVISION? V N If YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/W6f SUBCONTRACTOR Oft SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Bekow) OCH.LAR AMOUNT DOLLARS NA- No subcontractors TOTALS C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUMMER DATE 7TTLE OF SUBMITTER Linda Berry Of3- 1(,-20/1 President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER linda@dsideas.com 850-385-4013 850-385-1510 NOTE.The information is used to track and report anticipated DBE or MBE participation in federally-funded contracts The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms, This form must be submitted at ome of response to a solicitation if and when awarded a county contract,the prime wit be asked to update the information for the grant compliance files ,.61:t4a4,0e5:;;PAl dad American BA Hispanic American HA . Mani*Airmencart NA Subcont Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other,not of any other group listed 0 I).SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COWER CONTRACT a(IfaiREP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED DATE • GCA- 5 • EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES 'n10A.CC.Uf•,1-f GRA,'“CC.,%f.',:" ,,J 6 f„L pID OPPORTUNITY LIST FOR COMMODES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES a is the policy of Cagier County that disadvantaged businesses and minority vendors,as defined in the Code of Feder&ftegufatians(CFR)or Florida Statutes(F5),must have the opportunity to partictate on contracts with federal and/or state grunt assistance. Prune Contractor/Prime Consultant Disasters, Strategies and Ideas Group, LLC Address and Phone Number 2050 Capital Circle NE, Tall., FL 32308/850-385-4013 Procurement Number/Advertisement Number. RFP 17-7116 Disaster Recovery Consulting Services The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above, The list must include the firm bedding or quoting as prime,as well as subs and suppliers quoting for pa iticipation Prime contractors and consultants must provide information for Numbers 1,2,3,and 4;and,should provide any information they have for Numbers 5,6,7,and B. Thi a form must be submitted with the Ind package. 1 Federal Tax ID Number 56-2369236 6 DBE 13 Annual Gross Receipts 2. Firm Name Disasters, Strategies and Ideas Group El Non-DBE Less than$1 mdlion 3. Phone Number 850-385-4013 Between Si-5 million —. 4 address 2050 Capital Circle NE .2Ltietween 5 5-10 rnsiiica Suite D 7, Subcontractor Between.5 10-1.3 million —. Tallahassee, FL 32308 Subconsukant more than 5 15 million — 5, Year Finn Established: 2003 ., .,.. . .........._ . .. . . - 1. Federal Tax ID Number 6. DBE E. Annual Gross Receipts 2. Firm Name: Non-DBE Less than 51 million 3 Phone Number Between S 1-5 million 4 Address Between$5-10 million 7, Subcontractor Between 5 10-15 million Ei Subconsultant More than S 15 million S. Year Firm Established 1. Federal Tax ID Number 6 8 DBE 8. Annual Gross Receipts 2. Firm Name Non-DBE Less than$1 million —.. 3. Phone Number Between 5 1-5 million —. 4, Address Between 5 5-10 million 7. Subcontractor Between 5 10-15 million El Subconsultant More than 5 15 Wei lion 5, Year Firm Established 1, Federal Tax*Number 6 EI DEE 8.Annual Gross Receipts 2. Firm Name Non-DBE Less than:I 1 mann — 3 Phone Number Between 5 1-5 million — 4. Address Between 5 5-10 million 1•••=1..• 7.E] Subcontractor Between 510-15 million Sukonsultant more than 5 1,5 million 5. Year Firm Established' LILA-la EXHIBIT B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terns and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcont actor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Disasters, Strategies and Ideas Group, LLC Date ©S- Ifo-2D11 Authorized Signature64 L2—) ` Address 2050 Capital Circle NE, Suite D, Tallahassee, FL 32308 Solicitation/Contract# RFP 17-7116 ________ GCA 7 ACGPREP® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Chad P.Gardner McKee Insurance Agency,LLC. A/C, o,Ext): (850)224-6055 lac,No): (850)513-0646 1785 Thomasville Rd E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tallahassee FL 32303 INSURER A: Zenith Insurance Company 13269 INSURED INSURER B: Certain Underwriters at Lloyds,London Disasters,Strategies and Ideas Group,LLC INSURER C: 2050 Capital Circle NE INSURER D: FL 2 INSURER E: Tallahassee FL 32308 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY A OFFICER/MEMBERANY EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE YYN N/A Z127575401 01/01/2017 01/01/2018 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 'DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Professional Liability E&O 2,000,000 Per Loss B W20951170101 10/21/2017 10/21/2018 2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 30 Day notice of cancellation or changes in provisions will be provided to Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Government 3295 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AC® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BLACK BEAR INSURANCE AGENCY (A/C,No,Ext):(888)661-3938 FAX 270 WAYMONT CT STE 100 E-MAIL (A/C,No): (888)872-8921 LAKE MARY, FL 32746 ADDRESS: Service.center@travelers.com (888)661-3938 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED INSURER B:THE TRAVELERS INDEMNITY COMPANY DISASTERS,STRATEGIES,& IDEAS GROUP,LLC INSURER C: P 0 BOX 12333 INSURER D: TALLAHASSEE, FL 32317 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 835321127180982 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL.SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X 660-4087N118-17 04/06/2017 04/06/2018 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE I X I OCCUR PREMISES(Ea occurrence) $100,000 X HIRED/NON OWNED AUTO MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO- X POLICY JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY (Es acct dent)INGLE LIMIT $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED —AUTOS PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB X OCCUR CUP-5H130331-17 04/06/2017 04/06/2018 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$5,000 $ WORKERS COMPENSATION N/A AND EMPLOYERS'LIABILITY Y/N PER EORH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) AS RESPECTS TO GENERAL LIABILITY,COLLIER COUNTY BOARD OF COUNTY GOVERNMENT IS ADDITIONAL INSURED BLANKET ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS,CG D1 05,BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. AS RESPECTS TO GENERAL LIABILITY,COVERAGE IS AFFORDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS PER CG DO 37-OTHER INSURANCE-ADDITIONAL INSUREDS. SEE ATTACHED: CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COUNTY GOVERNMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 TAM IAM I TRAIL EAST ACCORDANCE WITH THE POLICY PROVISIONS. NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE �I/` I � • ��r, ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AN ENDORSEMENT HAS BEEN ADDED TO THE POLICY(OR POLICIES)THAT PROVIDES EARLIER NOTICE OF CANCELLATION, SUBJECT TO THE TERMS OF THAT ENDORSEMENT. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury" or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in tract or written agreement that the insurance pro- vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: I-660-4087N118-TIL-17 ISSUE DATE: 02-15-17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE COVERAGE ADDITIONAL PREMIUM Hired and Nonowned Auto Liability $ 80 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). PROVISIONS 1. You; A. COVERAGE 2. Anyone else including any partner or "execu- tive officer" of yours while using with your above the insurance provided under Section I — permission a "hired auto" or a "nonowned Coverage A — Bodily Injury And Property auto"except: Damage Liability applies to "bodily injury" and a. The owner or lessee (of whom you are a "property damage" arising out of the maintenance sublessee) of a "hired auto" or the owner or use of a"hired auto"or"nonowned auto". or lessee of a "nonowned auto" or any B. EXCLUSIONS agent or"employee"of any such owner or With respect to the insurance provided by this lessee; endorsement: b. Your "employee" if the covered "auto" is owned by that "employee" or a member 1. The exclusions, under Section I — Coverage of his or her household; A — Bodily Injury And Property Damage Liability, other than exclusions a., b., d., e., f. c. Your "employee" if the covered "auto" is and i. and the Nuclear Energy Liability Exclu leased, hired or rented by him or her or a sion (Broad Form) are deleted and replaced member of his or her household under a by the following: lease or rental agreement for a period of 180 days or more; a. "Bodily injury"to any fellow"employee" of the "insured" arising out of and in the d. Any partner or "executive officer" with re- course of the fellow"employee's" employ spect to any "auto" owned by such part- ment. ner or officer or a member of his or her household; b. "Property damage"to: e. Any partner or "executive officer" with re- (1) Property owned or being transported spect to any "auto" leased or rented to by, or rented or loaned to the insured; such partner or officer or a member of his or or her household under a lease or rental (2) Property in the care, custody or con- agreement for a period of 180 days or trol of the insured. more; C. WHO IS AN INSURED f. Any person while employed in or other- Section II — Who Is An Insured is replaced by wise engaged in duties in connection with the following: an "auto business", other than an "auto business"you operate; Each of the following is an insured under this insurance to the extent set forth below: g. Anyone other than your "employees", partners, a lessee or borrower or any of CG DO 86 11 03 Copyright,The Travelers Indemnity Company, 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY their "employees", while moving property 2. "Hired auto" means any "auto" you lease, to or from a "hired auto" or a "nonowned hire, rent or borrow. This does not include: auto"; or a. Any"auto" you lease, hire or rent under a 3. Any other person or organization, but only lease or rental agreement for a period of with respect to their liability because of acts 180 days or more, or or omissions of an insured under 1. or 2. b. Any "auto" you lease, hire, rent or borrow above, from any of your "employees", partners, D. AMENDED DEFINITIONS stockholders, or members of their house- The Definition of"insured contract" in Section V— holds. Definitions is amended by the addition of the fol- 3. Nonowned auto" means any"autos" you do lowing exceptions to paragraph f.: not own, lease, hire, rent or borrow that are Paragraph f. does not include that part of any being used in the course and scope of your contract or agreement: business at the time of an "occurrence". This includes "autos" owned by your "employees" (4) That pertains to the loan, lease or rental of an or partners or members of their households "auto" to you or any of your "employees", if but only while being used in the course and the "auto" is loaned, leased or rented with a scope of your business at the time of an "oc- driver; or currence". (5) That holds a person or organization engaged If you are a sole proprietor, "nonowned auto" in the business of transporting property by means any "autos" you do not own, lease, "auto"for hire harmless for your use of a cov- hire, rent or borrow that are being used in the ered "auto" over a route or territory that per- course and scope of your business or per- son or organization is authorized to serve by sonal affairs at the time of an"occurrence". public authority. E. ADDITIONAL DEFINITIONS F. CONDITIONS The insurance provided by this endorsement is Section V — Definitions is amended by the excess over any of the other insurance, whether addition of the following definitions: primary, excess, contingent or on any other basis, 1. "Auto Business" means the business or oc- that applies to "bodily injury" or "property dam- cupation of selling, repairing, servicing, stor- age" arising out of the maintenance or use of a ing or parking "autos." "hired auto"or"nonowned auto." Page 2 of 2 Copyright,The Travelers Indemnity Company, 2003 CG DO 86 11 03 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cluding: liability apply: 1. The preparing, approving or failing to 1. The limits which you agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew • Limit increased to$300,000 K. Non-Owned Watercraft—Increased from 25 feet to 50 feet C. Blanket Waiver of Subrogation L. Increased Supplementary Payments D. Blanket Additional Insured—Managers or • Cost for bail bonds increased to$2,500 Lessors of Premises E. Blanket Additional Insured—Lessor of • Loss of earnings increased to $500 per day Leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage—Bodily Injury O. Reasonable Force—Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following: other than a partnership or joint venture, over Exclusions c. through n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- a. Fire; riod that you no longer maintain ownership of, or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- ANCE (Section III). 3. This Provision A. does not apply to any per- son or organization for which coverage is ex 2. This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D1 86 11 03 Copyright,The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Part 6. of LIMITS OF INSURANCE (Section "your products". We waive this right where you III)is deleted and replaced by the following: have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of"property damage"to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section II) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever is a. $300,000; or less. 2. The insurance afforded to the additional in- b. The amount shown on the Declarations sured does not apply to: for Damage To Premises Rented To You Limit. a. Any "occurrence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises; a. of the definition of "insured contract" is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement; or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured. or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright,The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY(Section I —Coverages): ing out of the sole negligence of such ad- ditional insured. (This insurance does not apply to:) Liability arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the insured. sured, unless you have agreed in a written contract for this insurance to apply on a pri 5. For the purposes of determining the applica- mary or contributory basis. ble limits of insurance, any act or omission, together with all related acts or omissions in F. INCIDENTAL MEDICAL MALPRACTICE the furnishing of the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include"In- considered one"occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2. above. "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be excess of a. Medical, surgical, dental, laboratory,x-ray this policy. or nursing service or treatment, advice or G. PERSONAL INJURY — ASSUMED BY CON- instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and c. First aid. replaced by the following: d. "Good Samaritan services". As used in (This insurance does not apply to:) this Provision F., "Good Samaritan ser- Contractual Liability vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright,The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section II) do 2. Subparagraph f. of the definition of "insured not apply to"bodily injury"for which insurance contract" (DEFINITIONS — Section V) is de— leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality) under which you assume the DAMAGE LIABILITY(Section I—Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or"per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tort liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER shall be excess over any other valid and col AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- chased specifically by you to be excess of H. EXTENSION OF COVERAGE — BODILY 1N- this policy. JURY K. NON-OWNED WATERCRAFT The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- 1. The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. "Bodily injury" means bodily injury, mental an- BODILY INJURY AND PROPERTY DAMAGE guish, mental injury, shock, fright, disability, hu- LIABILITY (Section I — Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time. (2) A watercraft you do not own that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your"volunteer workers" while per- uses or is responsible for the use of a water- forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy. worker" while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business, or to your"employ- ees" in the course of the "employee's" em Parts b. and d. of SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS — COVERAGES A AND B (Section I — for your "volunteer workers" does not apply Coverages) are amended as follows: while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cost duct of your business. of bail bonds is increased to$2500. Page 4 of 5 Copyright,The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to$500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc N. UNINTENTIONAL OMISSION currence, Offense, Claim or Suit): The following is added to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator) designated by you to give such notice. applicable state insurance laws, codes or regula- Knowledge by other "employee(s)" of an "oc- tions. currence" or of an offense does not imply that O. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section II —Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis— trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. However, this Provision M. does not apply as "property damage" resulting from the use of rea respects the specific number of days within sonable force to protect persons or property. CG D1 86 11 03 Copyright,The Travelers Indemnity Company, 2003 Page 5 of 5