Agenda 07/08/2014 Item #16E117/8/2014 16. E.11.
EXECUTIVE SUMMARY
Recommendation to award contracts for services to assist county staff in monitoring and
documenting the cost incurred to remove and dispose of disaster - generated debris in full
compliance with Federal Emergency Management Agency (FEMA) rules and regulations.
(Contract #14 -6188, "Federal Emergency Management Agency Acceptable Monitoring of Disaster
Generated Debris Management).
OBJECTIVE: Secure three firms to provide post- disaster equipment and human resources adequate to
assist county staff in monitoring and documenting the costs incurred to remove and dispose of disaster -
generated debris in full compliance with Federal Emergency Management Agency (FEMA) rules and
regulations to maximize the County's reimbursement from federal and state emergency funds.
CONSIDERATIONS: The Solid & Hazardous Waste Management Department is responsible for the
County's debris recovery mission as the result of a disaster, such as a severe weather event, together with
the Bureau of Emergency Services, and this includes gaining approval for reimbursement of costs related
to disaster - generated debris. Accurate, independently verified and documented records are essential for
the County to qualify for reimbursement from federal and state emergency funds for costs incurred during
the removal and disposal of disaster - generated debris. The recommended contractors to conduct the
monitoring and documentation of the materials to be removed and properly disposed are professional
organizations with knowledgeable staff trained to carry out the required monitoring and documentation, in
full compliance with FEMA and State emergency requirements for reimbursement of the costs.
To meet the County's potential needs for FEMA Acceptable Monitoring of Disaster Generated Debris
Management, a Request for Proposals (RFP) was advertised April 8, 2014. Notices were sent to 934
firms with 46 firms requesting full proposal packages. Five responses were received by the due date of
May 1, 2014. A selection committee meeting was held May 28, 2014. After review, discussion, and
ranking by the selection committee, by consensus the following three firms were recommended for
contract negotiations and subsequent award.
Primary: Leidos, Inc.
Secondary: Thompson Consulting Services, LLC
Tertiary: Landfall Strategies, LLC
The recommended firms will be under an "on call" contract with the County for a single five year period
with the option for both the County and the firms to extend the contracts for five additional one year
periods.
When required by the County, the firms will be tasked with specific assignments by purchase order(s) that
will describe in detail the work to be done and the associated compensation.
In their proposals, the recommended firms provided unit costs for both equipment and human resources,
and identified and delineated their equipment, human resources, and related facilities that will be
available to assist the County in monitoring and documenting the removal and disposal of disaster -
generated debris.
The recommended firms also described their experience to accurately record and document the quantities
and types of material that they will monitor for removal and disposal. This capability can greatly assist
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the County to maximize the recovery of debris removal costs from FEMA and state disaster assistance
funds.
If required by the County, the recommended firms will also be available 72 hours prior to landfall and /or
impact of hurricanes and other predictable natural events to position equipment and human resources in
strategic locations for rapid post disaster response.
The costs associated with the utilization of this contract will be reimbursed by State and federal
emergency funds in accordance with the most current reimbursement guidelines. As a result, the
provisions of the Local Vendor Preference Purchasing Policy were not an element of the RFP.
Regardless, the RFP required the proposers to include the sources of their labor force and recommended
the utilization of local firms whenever possible. The firms acknowledged in their proposals they will hire
local vendors to assist with the monitoring activities whenever applicable.
FISCAL IMPACT: Fiscal impact will be to appropriate operating funds that are relevant to the activities
that take place. The financial extent of this impact is dependent on the number and severity of the
disastrous events. Events declared as local disasters, state disasters and disasters by presidential decree
are eligible for reimbursement by the federal government and the state emergency fund. Accurate
documentation of the quantities and types of materials removed and disposed of is critical to maximize
the amount of reimbursement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. — SRT
GROWTH MANAGEMENT IMPACT: These contracts and the activities anticipated to be tasked
under them will have no impact on the County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners awards Contract #14 -6188, "FEMA
Acceptable Monitoring of Disaster Generated Debris" to Leidos, Inc.; Thompson Consulting Services,
LLC; and Landfall Strategies, LLC; and authorizes the Chairman to execute the attached contracts
following final review and approval by the County Attorney's Office.
Prepared By: Sue Jim Zimmerman, Sr. Property Acquisition Specialist, Real Property Management
Section, Facilities Management Department
Attachments: Agreement with Leidos, Inc.; Agreement with Thompson Consulting Services, LLC;
Agreement with Landfall Strategies, LLC; and additional backup.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.11.
Item Summary: Recommendation to award contracts for services to assist county staff in
monitoring and documenting the cost incurred to remove and dispose of disaster - generated
debris in full compliance with Federal Emergency Management Agency (FEMA) rules and
regulations. (Contract #14 -6188, "Federal Emergency Management Agency Acceptable
Monitoring of Disaster Generated Debris Management).
Meeting Date: 7/8/2014
Prepared By
Name: ZimmermanSue
Title: Property Acquisition Specialist, Senior, Facilities Management
6/23/2014 11:00:40 AM
Submitted by
Title: Property Acquisition Specialist, Senior, Facilities Management
Name: ZimmermanSue
6/23/2014 11:00:41 AM
Approved By
Name: CampSkip
Title: Director - Facilities Management, Facilities Management
Date: 6/23/2014 11:27:59 AM
Name: HerreraSandra
Title: Procurement Specialist, Purchasing & General Services
Date: 6/23/2014 12:06:39 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 6/23/2014 12:11:08 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
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Date: 6/23/2014 12:11:16 PM
7/8/2014 16. E.11.
Name: RodriguezDan
Title: Director - Solid Waste, Solid & Hazardous Waste Management
Date: 6/23/2014 5:01:07 PM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 6/24/2014 6:43:33 AM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/24/2014 8:21:59 AM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/24/2014 8:38:13 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/24/2014 10:54:31 AM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 6/26/2014 2:21:54 PM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 6/27/2014 8:15:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/27/2014 9:43:54 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/27/2014 12:57:54 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 6/30/2014 11:11:49 AM
Name: OchsLeo
Title: County Manager, County Managers Office
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Date: 7/1/2014 2:23:43 PM
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A G R E E M E N T 14-6188
for
"FEMA Acceptable Monitoring for Disaster Generated Debris"
THIS AGREEMENT, made and entered into on this day of 2014, by
and between Leidos, Inc., authorized to do business in the State of Florida, whose business
address is 2301 Lucien Way, Ste 120, Maitland, FL 32751, (the "Contractor ") and Collier
County, a political subdivision of the State of Florida, (the "County "):
WITNESSETH•
1. COMMENCEMENT. The Contractor shall commence the Work upon issuance of a
Notice to Proceed, provided a Purchase Order has been established for the Work.
2. CONTRACT TERM. The contract shall be for a five (5) year period, commencing on
Date of Board award and terminating five (5) years from that date, or until such time as
all outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated by the County. The County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for five (5) additional one (1) year periods.
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 eighty (180) days. The County Manager, or his designee, shall give the
Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring
for Disaster Generated Debris as provided in Exhibit A, "Scope of Services ", which is
hereby incorporated by reference, in accordance with the terms and conditions of this
Agreement, RFP #14 -6188 and the Contractor's proposal referred to herein and made an
integral part of this agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any
work will be awarded to the Contractor. The County reserves the right to assign all or
portions of the Work to one (1) or multiple Contractors based on their availability. 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 Purchasing Ordinance and Purchasing
Procedures in effect at the time such services are authorized.
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4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement upon completion or partial completion of the Work as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B ", included in this Agreement, together with the Travel and
Reimbursable Expenses as defined in this Agreement. Payments shall be made to the
Contractor when requested as work progresses, but not more frequently than once per
month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper
invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act ".
4.1 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 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.
4.2 Travel and Reimbursable Expenses:
Travel and Reimbursable Expenses must be approved in advance in writing by the
County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips
within Collier and Lee Counties are expressly excluded.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport
limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
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Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Contractor 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 Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Leidos, Inc.
2301 Lucien Way, Ste 120
Maitland, FL 32751
Attention: Betty Kamara, Contracts Administrator
Telephone: 321 -441 -8500
Facsimile: 321 -441 -8501
betty.v.kamara@leidos.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239 - 252 -8407
Facsimile: 239 - 252 -6480
The Contractor 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 Contractor or to constitute the Contractor 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 Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors/ Subconsultants.
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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 Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
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 Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to
persons employed by the Contractor.
9. NO IMPROPER USE. The Contractor 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 Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor 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 Contractor 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 Contractor 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, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor 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 Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor 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 Contractors;
Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
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 $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Contractor 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 Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. BONDS:
A. When a project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by The County, the Contractor shall furnish a Performance and
Payment Bond prior to commencing performance, for the full amount of the Work,
which shall act as a security guaranteeing the performance of the Contractor's work
and the payment by the Contractor to any other party(ies) providing labor and /or
materials in connection with each construction or renovation project performed by
the Contractor. The bonds shall be furnished using the forms prescribed in Exhibits
"D" and "D -2 ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five
(5) calendar days thereafter, substitute another bond and surety, both of which shall
be subject to the County's approval.
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14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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, whether resulting from any
claimed breach of this Agreement by Contractor, 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 Contractor or anyone employed or utilized by the Contractor 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.
14.1 The duty to defend under this Article 14 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend
under this Article 14 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.
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Division Department.
16. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #14 -6188 Scope of
Services and Addenda, Exhibit "A" Scope of Services, Exhibit "B" Hourly Rate
Schedule, Exhibit "C" FEMA and FHWA Supplemental Conditions CFDA
97.036 / CDFA 20.205, Exhibit "D" Public Payment Bond, and Exhibit "D -2" Public
Performance Bond.
18. 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.
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19. 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 contract held by the individual and/or
firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Contractor 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 Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor observes that the Contract Documents
are at variance therewith, it shall promptly notify the County in writing. Failure by the
Contractor 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.
21. 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 contract to other governmental entities at the
discretion of the successful proposer.
22. 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.
23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures,
24. 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 Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
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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 Contractor 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.
25. 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.
26. KEY PERSONNEL,/CONTRACT STAFFING. The Contractor's personnel and
management to be utilized for this project 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
contract. The Contractor 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 dates. The Contractor 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 Contractor 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.
27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, 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 conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
28. ASSIGNMENT. Contractor 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
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
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29. SAFETY. All Contractors and subcontractors 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. Also all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and /or right -of-
way for the purpose of inspection of any Contractor's work operations. This provision is
non - negotiable by any department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not
have the right to refuse to allow OSHA onto a project that is being performed on Collier
County Property. Collier County, as the owner of the property where the project is
taking place shall be the only entity allowed to refuse access to the project. However,
this decision shall only be made by Collier County's Risk Management Department
Safety Manager and/or Safety Engineer.
30. SUBSTITUTE PERFORMANCE: In the event of the Contractor fails to perform any
required services within the time scheduled under the contract, the County reserves the
right to obtain substitute performance. Further, the County reserves the right to deduct
the cost of such substitute performance from the Contractor's payments. The Contractor
may be exempt from this provision if such exemption is granted by the Project Manager
or his designee, in writing, prior to any delays or as a result of an Act of Nature.
(Remainder of page intentionally left blank)
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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.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
First Witness
TType/ print witness nameT
Second Witness
TType /print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Leidos, Inc.
Contractor
By:
Signature
TType /print signature and titleT
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EXHIBIT "A", SCOPE OF SERVICES
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris"
The Contractor will monitor Disaster Debris Management and Technical Assistance, on an as-
needed basis, to provide disaster recovery monitoring expertise and services to assist the
County to monitor the removal, reduction and environmentally approved disposal of debris
and other obstacles resulting from these disasters in full compliance with regulatory agency
requirements. The disposal sites must also be monitored to ensure FDEP requirements for
collection and disposal are met, and consistent with Federal Emergency Management Agency
(FEMA) requirements for cost reimbursement for debris management, removal and disposal.
Emergency Management Requirements:
1. The Contractor shall be allowed to subcontract project monitoring; such monitoring shall
include detailed web based cost and load tracking suitable for a comprehensive audit of
debris removal. Collier County may, at its discretion, limit the number of subcontract firms
working under the prime or sub -prime contractor at its sole discretion to ensure safety and
quality of work provided.
For monitoring of debris management, the Contractor shall provide a web based load
tracking and field project monitoring system or a paperless tracking system similar to the
requirements of the US Army Corps of Engineers now specified in their Advanced
Contracting Initiative- Disaster Debris Management. A detailed project - monitoring proposal
shall also be included. Monitoring shall be done in compliance with the most current FEMA
guidelines. Those monitoring efforts may include, but not be limited to:
(a) Providing assistance in updating the County's Debris Management and Removal
Plan.
(b) Provide training of selected County staff in essential debris management,
monitoring, and collection functions to insure appropriate and responsive interface
with field debris collection contractors and County, State and Federal Agencies.
(c) Provide field inspectors at designated checkpoints to check and verify information
on debris removal and at the Debris Management Sites (DMS) located or
developed throughout Collier County or the region if necessary as approved by the
County.
(d) Provide technical and permitting assistance associated with the need to locate
additional DMS when requested by Collier County.
(e) Provide assistance with scheduling, dispatching and logistical operations of the
field inspectors assigned to work areas of storm debris clean up. This work will
include, but not be limited to the following:
• To act as Collier County's representative in determining all forms of debris
eligibility.
• Coordinate with the State and Federal Emergency Management personnel to
determine debris eligibility.
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• Acquiring, hiring, training, deploying and supervising properly equipped
inspectors.
• Establishing the schedule for inspectors for each day.
• Monitoring and recording the volumetric measurement (cubic yards) or gross
empty weight of each truck that is added into service.
• Keeping records of contract hauler's trucks, to include cubic yardage, or loaded
weight, time in and time out, number of loads per day and other data as
requested by designated County staff.
• Coordinate with the Debris Removal Contractor to determine vehicle
certification, veliicle assignments, and provide the necessary vehicle decals or
placards for ease of identification and tracking.
• Coordinate with the County's Solid Waste Collections Contractors in instances
when excessive amounts of Disaster Debris accumulate because of a hurricane,
tropical storm, freeze, severe weather or other natural or manmade disaster and
when the County directs the Collections Contractor to provide Disaster Debris
collections services. The Contractor(s) will be responsible for measuring and
documentation of the volumes from the Collections Contractor's vehicles, and
an understanding of the contractual obligations is necessary.
• Coordinating with County personnel to respond to problems in the field, to
include residential or commercial property damage claims in the process of
debris removal. Contractors(s) shall establish a telephone claim reporting
system with a local or toll free phone number and provide staff for the
professional management of a receiving phone complaints or damage claims.
The Contractor shall investigate and assist in documentation of claims if
requested by the County.
• Conducting end of day duties, such as verifying all trucks have left the disposal
site, addressing daily safety reports and corrective action recommendations,
and locking down of the facility.
• Surveying the affected areas for special situations to include but not limited to
drainage, canals and navigable waters, or emergent needs, to include but not be
limited to; identifying tree stumps and the management of root balls and
associated cavities, hazardous trees, C &D debris, boats, vehicles, sand, hazmat,
and /or other potentially hazardous situations. The Contractor must keep a list
of these locations, track and coordinate the appropriate dispatch of equipment
and make frequent reports to the County on any post event remedial action.
• Record on a map the streets where debris was collected and provide an
accounting of any remaining, ineligible piles as well as those streets that have
been completed.
• Perform other duties as directed by the designated County personnel.
(f) Contractor will ensure tickets are written for all eligible debris and are responsible
for ineligible debris.
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(g) Contractor will collect baseline data, per Local, State, and Federal requirements,
from the designated emergency debris management sites prior to opening of these
sites.
(h) Contractor will have the ability to provide separate documentation for Federal
Highway Administration Roads that were eligible for debris collection within the
County.
(i) Contractor will assist the County in obtaining necessary Local, State, and Federal
permits for the designated emergency debris management sites prior to current
hurricane season.
(j) Contractor will conduct ongoing environmental data collection per Local, State and
Federal requirements for the designated emergency debris management sites.
(k) Contractor will be responsible for technical, clerical, and information technology
assistance to the County in completing any and all forms necessary for
reimbursement from State or Federal agencies, including the Federal Emergency
Management Agency Department of Homeland Security, the State of Florida, and
the Federal Highway Administration or the Department of Housing and Urban
Development (HUD) relating to eligible costs arising out of the disaster recovery
effort.
(1) This may include, but is not limited to; the timely completion and submittal of
reimbursement requests, preparation and submittal of any and all necessary cost
substantiation and preparing replies to any and all agency requests, inquiries or
potential denials.
(m) Contractor will coordinate inspection with FDEP for approved site prior to
hurricane season.
(n) Contractor will employ or maintain on the work site(s) a qualified accessible
supervisor(s) or liaison officer as directed. At least one (1) accessible and
designated supervisor in the area of operation and the liaison officer shall have full
authority to act on behalf of Contractor and its subcontractors and all
communications given to the supervisor or liaison officer in writing by the
County's authorized representative shall be as binding as if given to Contractor.
(o) Contractor will be experts on the most current FEMA guidelines.
(p) Contractor will be required to cover a declared emergency event in which debris,
including hazardous material items, may be widely and randomly distributed
during the event.
(q) Contractor will be required to be able to recognize/ verify hazardous waste,
understand how it is required to be packaged, transported, stored, labeled and
disposed in a compliant manner so as to ensure FEMA reimbursement.
(r) Contractor will be required to recognize and confirm that any storage sites used for
hazardous materials are in compliance.
(s) Contractor will be required to monitor/ document if any discharges of hazardous
materials occur under the Debris Contractors responsibility and follow up to
ensure that Contractor achieves FDEP cleanup compliance.
(t) Selected monitoring services staff will be trained and certified in hazardous
materials handling/ procedures/ PPE, etc.
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(u) Monitoring services shall be required to know and follow the latest FEMA required
procedures relating to hazardous materials recovery and handling that ensure full
FEMA reimbursement for such activities.
(v) Monitoring services will know and ensure Debris Contractor adheres to all
Emergency Planning and Community Right -to -know Act (EPCRA) required rules
during the event recovery phase.
(w) Contractor will verify final disposition of material is consistent with State -FDEP
and Federal EPA requirements.
(x) Contractor will ensure compliance with the guidance from the County's staff, who
have continually focused on a timely, unencumbered and accurate close out to
absolutely maximize FEMA reimbursement for all debris removal. This process
also incorporates monitoring, detailed documentation, and responding in a timely
manner to changing funding eligibility associated with the most current FEMA -
sponsored operations.
(y) Contractor will provide final close -out audit support ensuring full reimbursement.
(z) Contractor will be responsible for establishing a truck certification program
including a location procedure and verification of the most current FEMA truck
certification methods.
(aa) Contractor will be responsible for ensuring that all load tickets contain the
appropriate information (i.e. truck certification number, street
address/ intersection, monitor vendor/ contract).
(bb) Contractor will develop a resource draw down plan for cost containment as part of
the program. The resource draw down plan will include but not limited to,
equipment rental, housing, staffing, and overhead to ensure a best value, low cost
operation.
(cc) Contractor will assist County in conducting an annual pre- hurricane season
tabletop exercise(s) (Strategic Debris Management Planning Exercise (SDMPE)) to
determine the adequacy of the debris removal plan the debris management process
and train all personnel associated with the debris management mission usually
held in April or May of each year.
(dd) Contractor will provide the County with reports including, but not limited to;
Daily Situational Reports, Damage Reports, Daily Work Order Reports, and
Ineligible Pile Reports.
Communications and Customer Service Coordination:
1. Contractor shall develop a Communications and Customer Service Coordination Plan
for the County's approval. Including a telephone claim reporting system as referenced
in section (e.vi.).
2. Contractor shall develop a Public Information and Coordination Plan for the County's
approval.
3. Contractor will provide a Health and Safety Plan.
4. Contractor will provide a plan to manage and execute the County's Geographic
Information System (GIS) debris management site tacking and debris collection tracking
progress real time.
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EXHIBIT 'B ", HOURLY RATE SCHEDULE
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris
Position Title
Hou rly Rate
Administrative / Clerical Assistance
$27.00
Annual Table Top Exercise
Included
Billing Invoice Analysis /Data Manager Invoice
Reconciliation
$55.00
Damage /Customer Services
$29.00
Debris Site /Tower /Field/ Crew Monitors
$36.00
Dispatch / Schedule Manager
$52.00
Emergency Management Planning
$125.00
Environment Specialist/ Compliance Specialist
$53.00
Environmental Project Manager
$75.00
Federal Program Coordinator
$110.00
Field Supervisor/ Collection & Disposal Operations
$45.00
GIS Analysis/ Mapping Manager
$55.00
Grant Manager
$115.00
IT Manager
$125.00
IT Technician
$65.00
Load Ticket/ Data Entry Clerk
$29.00
Operations Manager/ Coordinator
$70.00
Post Project FEMA Close Out Support
$85.00
Project Coordinator
$30.00
Project Inspector/ Roving QA QC Inspector
$40.00
Project Manager
$79.00
Public Assistant Officer/ Public Information
$80.00
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EXHIBIT "C "
FEMA and FHWA
SUPPLEMENTAL CONDITIONS CFDA 97.036 /CDFA 20.205
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.
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 forwarded to the Department for review and approval. The
vendor agrees to include in the subcontract that (1) the subcontractors 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.
1) 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.
(2) Termination for cause and for convenience
A. 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:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. 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 1(a) above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) 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
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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.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor
shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2)
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.
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to
their race, creed, color, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated
or suspended in whole or in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order No. 11246 of
Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
"(7) The contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the contracting agency may direct as a means of
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enforcing such provisions including sanctions for noncompliance: Provided, however, That in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States."
(4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.: The Contractor
agrees it will require that mechanics and laborers (including watchmen and guards) employed on this
federally assisted contract be paid wages of not less than one and one -half times their basic wage rates
for all hours worked in excess of forty hours in a work week.
(5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will
require that covered employees be paid at least the minimum prescribed wage, and also that they be
paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(6) Copeland "Anti- Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the
Anti- Kickback Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities.
(7) Reporting: The contractor will provide any information required to comply with the grantor
agency requirements and regulations pertaining to reporting.
(8) 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.
(9) Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor
agency, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the contractor
which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
(10) Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local
government makes final payment and all other pending matters are closed.
(11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA
Regulations: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the Contractor or recipient to comply with all applicable standards, orders, or
requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of
the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
(12) Energy Efficiency Standards: The contractor shall comply with any 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 (Pub. L. 94-163,89 Stat. 871).
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(13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small
purchase threshold and certain other contract awards shall not be made to parties listed on the
nonprocurement portion of the General Services Administration's List of parties Excluded from
Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension." This list contains the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold
shall provide the required certification regarding its exclusion status and that of its principals.
Vendors submitting proposals for this purchase must attest that they, and their subcontractors and
partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal
financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note,
E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for
Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be
validated at the System for Award Management at www.sam.gov and the State of Florida at
http: / /dms.myflorida.com/ business _operations /state_purchasing/ vendor information.
(14) CIVIL RIGHTS COMPLIANCE (FHWA)
The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
200d to 200d -7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non - discrimination in Federally- assisted programs of the
Department of Transportation issued pursuant to such Act, Collier County hereby notifies all
consultants that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for
an award.
Non Discrimination: All contracts shall contain a provision requiring compliance with Title VI of
the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which
provides that no person in the United States shall on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of
any transfer of such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits.
Equal Employment Opportunity: The following equal employment opportunity
requirements apply to the underlying contract:
a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 - 6107), the
Consultant agrees to refrain from discrimination against present and prospective
employees on the basis of age.
b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by
Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the
Consultant agrees to refrain from discrimination against anyone on the
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basis of race, color, religion, sex or national origin in all phases of employment during the
performance of federal or federally assisted construction contracts. The Consultant agrees
to take affirmative action to insure fair treatment in employment, upgrading, demotion, or
transfer and in such actions as recruitment or recruitment advertising, layoff/ termination,
rates of pay or other forms of compensation, and election for training and apprenticeship.
C. Disabilities: The Consultant agrees that it will comply with the Americans With
Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), where applicable,
which prohibits discrimination by public and private entities on the basis of disability in the
areas of employment, public accommodations, transportation, State and local government
services, and in telecommunications.
(15) Byrd Anti - Lobbying Amendment (31 U.S.C. 1352): FHWA 20.205
Consultants who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded up
from tier -to- tier -to recipient.
(16) DBE Participation
The Department of Transportation has an 8.6% race - neutral DBE goal. This means that the State's
goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms
or as sub - consultants /sub - Consultants. Race - neutrality means that the Department has
demonstrated that the 8.6% overall goal can be achieved through the normal competitive
procurement process without using DBE contract goals.
The County encourages DBE firms to compete for County professional services projects, and also
encourages non -DBE consultants to use DBE firms as sub - consultants. However, use of DBE sub -
consultants is not mandatory and no preference points will be given in the selection process for
DBE participation.
The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race,
color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our
applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted
contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as the
COUNTY deems appropriate.
Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must
include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its
subConsultants agree to comply with all applicable federal implementing regulations and other
implementing requirements the Federal government may issue.
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EXHIBIT "D"
PUBLIC PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
7/8/2014 16. E.11.
Bond No.
Contract No. 14 -6188
as Principal, and
. as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the — day of . 20_, with Oblige for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work
provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with
the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be
liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number
of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of 20___, by
as of , a
corporation, on behalf of the corporation. He /she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
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v
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
Witnesses
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16. E.11.
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this day of
20J by as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced as
identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT "D -2"
PUBLIC PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
Bond No.
Contract No. 14 -6188
7/8/2014 16. E.11.
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of 20. with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as
of
, a corporation, on behalf of the corporation.
He /She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST:
Witness as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.E.11.
The foregoing instrument was acknowledged before me this day of -20- by
as of
Surety, on behalf of Surety. He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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A G R E E M E N T 14-6188,
for
"FEMA Acceptable Monitoring for Disaster Generated Debris"
THIS AGREEMENT, made and entered into on this day of 2014, by
and between Thompson Consulting Services, LLC, authorized to do business in the State of
Florida, whose business address is 1135 Townpark Avenue, Suite 2101, Lake Mary, Florida
32746 (the "Contractor ") and Collier County, a political subdivision of the State of Florida,
(the "County "):
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the Work upon issuance of a
Notice to Proceed, provided a Purchase Order has been established for the Work.
2. CONTRACT TERM. The contract shall be for a five (5) year period, commencing on
Date of Board award and terminating five (5) years from that date, or until such time as
all outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated by the County. The County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for five (5) additional one (1) year periods.
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 eighty (180) days. The County Manager, or his designee, shall give the
Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring
for Disaster Generated Debris as provided in Exhibit A, "Scope of Services ", which is
hereby incorporated by reference, in accordance with the terms and conditions of this
Agreement, RFP #14 -6188 and the Contractor's proposal referred to herein and made an
integral part of this agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any
work will be awarded to the Contractor. The County reserves the right to assign all or
portions of the Work to one (1) or multiple Contractors based on their availability. 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 Purchasing Ordinance and Purchasing
Procedures in effect at the time such services are authorized.
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4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement upon completion or partial completion of the Work as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B ", included in this Agreement, together with the Travel and
Reimbursable Expenses as defined in this Agreement. Payments shall be made to the
Contractor when requested as work progresses, but not more frequently than once per
month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper
invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act ".
4,1 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 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.
4.2 Travel and Reimbursable Expenses:
Travel and Reimbursable Expenses must be approved in advance in writing by the
County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips
within Collier and Lee Counties are expressly excluded.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport
I limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
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Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Contractor 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 Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Thompson Consulting Services, LLC
135 Townpark Avenue, Suite 2101
Lake Mary, Florida 32746
Attention: Nathaniel Counsell, Vice President
Telephone: 407 - 792 -0018
Facsimile: 407 -878 -7858
ncounsell@thompsoncs.net
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239 -252 -8407
Facsimile: 239 - 252 -6480
The Contractor 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 Contractor or to constitute the Contractor 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 Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors/ Subconsultants.
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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 Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
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 Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to
persons employed by the Contractor.
9. NO IMPROPER USE. The Contractor 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 Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor 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 Contractor 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 Contractor 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, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor 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 Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor 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 Contractors;
Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
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 $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Contractor 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 Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. BONDS:
A. When a project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by The County, the Contractor shall furnish a Performance and
Payment Bond prior to commencing performance, for the full amount of the Work,
which shall act as a security guaranteeing the performance of the Contractor's work
and the payment by the Contractor to any other party(ies) providing labor and/or
materials in connection with each construction or renovation project performed by
the Contractor. The bonds shall be furnished using the forms prescribed in Exhibits
"D" and "D -2 ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five
(5) calendar days thereafter, substitute another bond and surety, both of which shall
be subject to the County's approval.
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14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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, whether resulting from any
claimed breach of this Agreement by Contractor, 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 Contractor or anyone employed or utilized by the Contractor 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.
14.1 The duty to defend under this Article 14 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend
under this Article 14 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.
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Division Department.
16. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #14 -6188 Scope of
Services and Addenda, Exhibit "A" Scope of Services, Exhibit "B" Hourly Rate
Schedule, Exhibit "C" FEMA and FHWA Supplemental Conditions CFDA
97.036 /CDFA 20.205, Exhibit "D" Public Payment Bond, and Exhibit "D -2" Public
Performance Bond.
18. 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.
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19. 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 contract held by the individual and/or
firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Contractor 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 Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor observes that the Contract Documents
are at variance therewith, it shall promptly notify the County in writing. Failure by the
Contractor 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.
21. 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 contract to other governmental entities at the
discretion of the successful proposer.
22. 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.
23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
24. 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 Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
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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 Contractor 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.
25. 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.
26. KEY PERSONNEL/CONTRACT STAFFING. The Contractor's personnel and
management to be utilized for this project 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
contract. The Contractor 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 dates. The Contractor 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 Contractor 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.
27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, 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 conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
28. ASSIGNMENT. Contractor 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
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
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29. SAFETY. All Contractors and subcontractors 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. Also all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and /or right -of-
way for the purpose of inspection of any Contractor's work operations. This provision is
non - negotiable by any department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not
have the right to refuse to allow OSHA onto a project that is being performed on Collier
County Property. Collier County, as the owner of the property where the project is
taking place shall be the only entity allowed to refuse access to the project. However,
this decision shall only be made by Collier County's Risk Management Department
Safety Manager and /or Safety Engineer.
30. SUBSTITUTE PERFORMANCE: In the event of the Contractor fails to perform any
required services within the time scheduled under the contract, the County reserves the
right to obtain substitute performance. Further, the County reserves the right to deduct
the cost of such substitute performance from the Contractor's payments. The Contractor
may be exempt from this provision if such exemption is granted by the Project Manager
or his designee, in writing, prior to any delays or as a result of an Act of Nature.
(Remainder of page intentionally left blank)
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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.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Tom Henning, Chairman
Thompson Consulting Services, LLC
Contractor
Signature
TType /print signature and titleT
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EXHIBIT W, SCOPE OF SERVICES
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris"
The Contractor will monitor Disaster Debris Management and Technical Assistance, on an as-
needed basis, to provide disaster recovery monitoring expertise and services to assist the
County to monitor the removal, reduction and environmentally approved disposal of debris
and other obstacles resulting from these disasters in full compliance with regulatory agency
requirements. The disposal sites must also be monitored to ensure FDEP requirements for
collection and disposal are met, and consistent with Federal Emergency Management Agency
(FEMA) requirements for cost reimbursement for debris management, removal and disposal.
Emergency Management Requirements:
1. The Contractor shall be allowed to subcontract project monitoring, such monitoring shall
include detailed web based cost and load tracking suitable for a comprehensive audit of
debris removal. Collier County may, at its discretion, limit the number of subcontract firms
working under the prime or sub -prime contractor at its sole discretion to ensure safety and
quality of work provided.
For monitoring of debris management, the Contractor shall provide a web based load
tracking and field project monitoring system or a paperless tracking system similar to the
requirements of the US Army Corps of Engineers now specified in their Advanced
Contracting Initiative- Disaster Debris Management. A detailed project - monitoring proposal
shall also be included. Monitoring shall be done in compliance with the most current FEMA
guidelines. Those monitoring efforts may include, but not be limited to:
(a) Providing assistance in updating the County's Debris Management and Removal
Plan.
(b) Provide training of selected County staff in essential debris management,
monitoring, and collection functions to insure appropriate and responsive interface
with field debris collection contractors and County, State and Federal Agencies.
(c) Provide field inspectors at designated checkpoints to check and verify information
on debris removal and at the Debris Management Sites (DMS) located or
developed throughout Collier County or the region if necessary as approved by the
County.
(d) Provide technical and permitting assistance associated with the need to locate
additional DMS when requested by Collier County.
(e) Provide assistance with scheduling, dispatching and logistical operations of the
field inspectors assigned to work areas of storm debris clean up. This work will
include, but not be limited to the following:
• To act as Collier County's representative in determining all forms of debris
eligibility.
• Coordinate with the State and Federal Emergency Management personnel to
determine debris eligibility.
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• Acquiring, hiring, training, deploying and supervising properly equipped
inspectors.
• Establishing the schedule for inspectors for each day.
• Monitoring and recording the volumetric measurement (cubic yards) or gross
empty weight of each truck that is added into service.
• Keeping records of contract hauler's trucks, to include cubic yardage, or loaded
weight, time in and time out, number of loads per day and other data as
requested by designated County staff.
• Coordinate with the Debris Removal Contractor to determine vehicle
certification, vehicle assignments, and provide the necessary vehicle decals or
placards for ease of identification and tracking.
• Coordinate with the County's Solid Waste Collections Contractors in instances
when excessive amounts of Disaster Debris accumulate because of a hurricane,
tropical storm, freeze, severe weather or other natural or manmade disaster and
when the County directs the Collections Contractor to provide Disaster Debris
collections services. The Contractor(s) will be responsible for measuring and
documentation of the volumes from the Collections Contractor's vehicles, and
an understanding of the contractual obligations is necessary.
• Coordinating with County personnel to respond to problems in the field, to
include residential or commercial property damage claims in the process of
debris removal. Contractors(s) shall establish a telephone claim reporting
system with a local or toll free phone number and provide staff for the
professional management of a receiving phone complaints or damage claims.
The Contractor shall investigate and assist in documentation of claims if
requested by the County.
• Conducting end of day duties, such as verifying all trucks have left the disposal
site, addressing daily safety reports and corrective action recommendations,
and locking down of the facility.
• Surveying the affected areas for special situations to include but not limited to
drainage, canals and navigable waters, or emergent needs, to include but not be
limited to; identifying tree stumps and the management of root balls and
associated cavities, hazardous trees, C &D debris, boats, vehicles, sand, hazmat,
and/or other potentially hazardous situations. The Contractor must keep a list
of these locations, track and coordinate the appropriate dispatch of equipment
and make frequent reports to the County on any post event remedial action.
• Record on a map the streets where debris was collected and provide an
accounting of any remaining, ineligible piles as well as those streets that have
been completed.
• Perform other duties as directed by the designated County personnel.
(f) Contractor will ensure tickets are written for all eligible debris and are responsible
for ineligible debris.
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(g) Contractor will collect baseline data, per Local, State, and Federal requirements,
from the designated emergency debris management sites prior to opening of these
sites.
(h) Contractor will have the ability to provide separate documentation for Federal
Highway Administration Roads that were eligible for debris collection within the
County.
(i) Contractor will assist the County in obtaining necessary Local, State, and Federal
permits for the designated emergency debris management sites prior to current
hurricane season.
(j) Contractor will conduct ongoing environmental data collection per Local, State and
Federal requirements for the designated emergency debris management sites.
(k) Contractor will be responsible for technical, clerical, and information technology
assistance to the County in completing any and all forms necessary for
reimbursement from State or Federal agencies, including the Federal Emergency
Management Agency Department of Homeland Security, the State of Florida, and
the Federal Highway Administration or the Department of Housing and Urban
Development (HUD) relating to eligible costs arising out of the disaster recovery
effort.
(1) This may include, but is not limited to; the timely completion and submittal of
reimbursement requests, preparation and submittal of any and all necessary cost
substantiation and preparing replies to any and all agency requests, inquiries or
potential denials.
(m) Contractor will coordinate inspection with FDEP for approved site prior to
hurricane season.
(n) Contractor will employ or maintain on the work site(s) a qualified accessible
supervisor(s) or liaison officer as directed. At least one (1) accessible and
designated supervisor in the area of operation and the liaison officer shall have full
authority to act on behalf of Contractor and its subcontractors and all
communications given to the supervisor or liaison officer in writing by the
County's authorized representative shall be as binding as if given to Contractor.
(o) Contractor will be experts on the most current FEMA guidelines.
(p) Contractor will be required to cover a declared emergency event in which debris,
including hazardous material items, may be widely and randomly distributed
during the event.
(q) Contractor will be required to be able to recognize/ verify hazardous waste,
understand how it is required to be packaged, transported, stored, labeled and
disposed in a compliant manner so as to ensure FEMA reimbursement.
(r) Contractor will be required to recognize and confirm that any storage sites used for
hazardous materials are in compliance.
(s) Contractor will be required to monitor/ document if any discharges of hazardous
materials occur under the Debris Contractors responsibility and follow up to
ensure that Contractor achieves FDEP cleanup compliance.
(t) Selected monitoring services staff will be trained and certified in hazardous
materials handling /procedures /PPE, etc.
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(u) Monitoring services shall be required to know and follow the latest FEMA required
procedures relating to hazardous materials recovery and handling that ensure full
FEMA reimbursement for such activities.
(v) Monitoring services will know and ensure Debris Contractor adheres to all
Emergency Planning and Community Right -to -know Act (EPCRA) required rules
during the event recovery phase.
(w) Contractor will verify final disposition of material is consistent with State -FDEP
and Federal EPA requirements.
(x) Contractor will ensure compliance with the guidance from the County's staff, who
have continually focused on a timely, unencumbered and accurate close out to
absolutely maximize FEMA reimbursement for all debris removal. This process
also incorporates monitoring, detailed documentation, and responding in a timely
manner to changing funding eligibility associated with the most current FEMA-
sponsored operations.
(y) Contractor will provide final close -out audit support ensuring full reimbursement.
(z) Contractor will be responsible for establishing a truck certification program
including a location procedure and verification of the most current FEMA truck
certification methods.
(aa) Contractor will be responsible for ensuring that all load tickets contain the
appropriate information (i.e. truck certification number, street
address/ intersection, monitor vendor/ contract).
(bb) Contractor will develop a resource draw down plan for cost containment as part of
the program. The resource draw down plan will include but not limited to,
equipment rental, housing, staffing, and overhead to ensure a best value, low cost
operation.
(cc) Contractor will assist County in conducting an annual pre- hurricane season
tabletop exercise(s) (Strategic Debris Management Planning Exercise (SDMPE)) to
determine the adequacy of the debris removal plan the debris management process
and train all personnel associated with the debris management mission usually
held in April or May of each year.
(dd) Contractor will provide the County with reports including, but not limited to;
Daily Situational Reports, Damage Reports, Daily Work Order Reports, and
Ineligible Pile Reports.
Communications and Customer Service Coordination:
1. Contractor shall develop a Communications and Customer Service Coordination Plan
for the County's approval. Including a telephone claim reporting system as referenced
in section (e.vi.).
2. Contractor shall develop a Public Information and Coordination Plan for the County's
approval.
3. Contractor will provide a Health and Safety Plan.
4. Contractor will provide a plan to manage and execute the County's Geographic
Information System (GIS) debris management site tacking and debris collection tracking
progress real time.
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EXHIBIT "B, HOURLY RATE SCHEDULE
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris"
Administrative/ Clerical Assistance $27.00
Annual Table Top Exercise Included
Billing Invoice Analysis/ Data Manager Invoice
Reconciliation
$55.00
Damage /Customer Services
$39.00
Debris Site /Tower /Field/ Crew Monitors
$34.00
Dispatch/ Schedule Manager
$52.00
Emergency Management Planning
$125.00
Environment Specialist/ Compliance Specialist
$53.00
Environmental Project Manager
$75.00
Federal Program Coordinator
$110.00
Field Supervisor/ Collection & Disposal Operations
$47.00
GIS Analysis/ Mapping Manager
$55.00
Grant Manager
$115.00
IT Manager
$125.00
IT Technician
$65.00
Load Ticket/ Data Entry Clerk
$30.00
Operations Manager/ Coordinator
$66.00
Post Project FEMA Close Out Support
$80.00
Project Coordinator
$30.00
Project Inspector/ Roving QA QC Inspector
$40.00
Project Manager
$75.00
Public Assistant Officer/ Public Information
$80.00
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EXHIBIT "C "
FEMA and FHWA
SUPPLEMENTAL CONDITIONS CFDA 97.036 /CDFA 20.205
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.
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 forwarded to the Department for review and approval. The
vendor agrees to include in the subcontract that (1) the subcontractors 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 Iaw. 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.
1) 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.
(2) Termination for cause and for convenience
A. 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:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. 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 1(a) above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) 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
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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.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor
shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2)
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.
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to
their race, creed, color, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated
or suspended in whole or in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order No. 11246 of
Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
"(7) The contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the contracting agency may direct as a means of
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enforcing such provisions including sanctions for noncompliance: Provided, however, That in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States."
(4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.: The Contractor
agrees it will require that mechanics and laborers (including watchmen and guards) employed on this
federally assisted contract be paid wages of not less than one and one -half times their basic wage rates
for all hours worked in excess of forty hours in a work week.
(5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will
require that covered employees be paid at least the minimum prescribed wage, and also that they be
paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(6) Copeland "Anti- Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the
Anti- Kickback Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities.
(7) Reporting. The contractor will provide any information required to comply with the grantor
agency requirements and regulations pertaining to reporting.
(8) 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.
(9) Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor
agency, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the contractor
which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
(10) Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local
government makes final payment and all other pending matters are closed.
(11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA
Regulations: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the Contractor or recipient to comply with all applicable standards, orders, or
requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of
the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
(12) Energy Efficiency Standards: The contractor shall comply with any 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 (Pub. L. 94 -163, 89 Stat. 871).
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(13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small
purchase threshold and certain other contract awards shall not be made to parties listed on the
nonprocurement portion of the General Services Administration's List of parties Excluded from
Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension." This list contains the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold
shall provide the required certification regarding its exclusion status and that of its principals.
Vendors submitting proposals for this purchase must attest that they, and their subcontractors and
partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal
financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note,
E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for
Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be
validated at the System for Award Management at www.sam.gov and the State of Florida at
http: / /dms.myflorida.com/ business _operations /state_purchasing/ vendor information.
(14) CIVIL RIGHTS COMPLIANCE (FHWA)
The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
200d to 200d -7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non - discrimination in Federally- assisted programs of the
Department of Transportation issued pursuant to such Act, Collier County hereby notifies all
consultants that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for
an award.
Non Discrimination: All contracts shall contain a provision requiring compliance with Title VI of
the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which
provides that no person in the United States shall on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of
any transfer of such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits.
1. Equal Employment Opportunity: The following equal employment opportunity
requirements apply to the underlying contract:
a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 - 6107), the
Consultant agrees to refrain from discrimination against present and prospective
employees on the basis of age.
b. Race, Color, Creed, National Origin Sex: Per Executive Order 11246 as amended by
Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the
Consultant agrees to refrain from discrimination against anyone on the
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basis of race, color, religion, sex or national origin in all phases of employment during the '
performance of federal or federally assisted construction contracts. The Consultant agrees
to take affirmative action to insure fair treatment in employment, upgrading, demotion, or
transfer and in such actions as recruitment or recruitment advertising; layoff/ termination,
rates of pay or other forms of compensation; and election for training and apprenticeship.
C. Disabilities: The Consultant agrees that it will comply with the Americans With
Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), where applicable,
which prohibits discrimination by public and private entities on the basis of disability in the
areas of employment, public accommodations, transportation, State and local government
services, and in telecommunications.
(15) Byrd Anti - Lobbying Amendment (31 U.S.C. 1352): FHWA 20.205
Consultants who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded up
from tier - to-tier -to recipient.
(16) DBE Participation
The Department of Transportation has an 8.6 % race - neutral DBE goal. This means that the State's
goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms
or as sub-consultants/sub-Consultants. Race - neutrality means that the Department has
demonstrated that the 8.6% overall goal can be achieved through the normal competitive
procurement process without using DBE contract goals.
The County encourages DBE firms to compete for County professional services projects, and also
encourages non -DBE consultants to use DBE firms as sub - consultants. However, use of DBE sub -
consultants is not mandatory and no preference points will be given in the selection process for
DBE participation.
The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race,
color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our
applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted
contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as the
COUNTY deems appropriate.
Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must
include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its
subConsultants agree to comply with all applicable federal implementing regulations and other
implementing requirements the Federal government may issue.
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EXHIBIT "D"
PUBLIC PAYMENT BOND
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Bond No.
Contract No. 14 -6188
KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work
provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with
the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be
liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number
of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20— the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of 20_ by
. as of
corporation, on behalf of the corporation. He /she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
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(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
Witnesses
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
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(Telephone Number)
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced as
identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT "D -2"
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14 -6188
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond
executors, personal representatives, successors and assigns, jointly and severally.
7/8/2014 16. E.11.
ourselves, our heirs,
WHEREAS, Principal has entered into a contract dated as of the day of 20. with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 . the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF —
COUNTY OF
The foregoing instrument was acknowledged before me this
201_, by , as
,a
He/ She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
PRINCIPAL:
By: _
Name:
Its:
day of
of
corporation, on behalf of the corporation.
as identification and
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by
as of
Surety, on behalf of Surety. He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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A G R E E M E N T 14-6188
for
"FEMA Acceptable Monitoring for Disaster Generated Debris"
THIS AGREEMENT, made and entered into on this day of 2014, by
and between Landfall Strategies, LLC, authorized to do business in the State of Florida,
whose business address is 22 South Links Avenue, Suite 200, Sarasota, Florida 34236, (the
"Contractor ") and Collier County, a political subdivision of the State of Florida, (the
"County "):
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the Work upon issuance of a
Notice to Proceed, provided a Purchase Order has been established for the Work.
2. CONTRACT TERM. The contract shall be for a five (5) year period, commencing on
Date of Board award and terminating five (5) years from that date, or until such time as
all outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated by the County. The County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for five (5) additional one (1) year periods.
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 eighty (180) days. The County Manager, or his designee, shall give the
Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Contractor shall provide FEMA Acceptable Monitoring
for Disaster Generated Debris as provided in Exhibit A, "Scope of Services ", which is
hereby incorporated by reference, in accordance with the terms and conditions of this
Agreement, RFP #14 -6188 and the Contractor's proposal referred to herein and made an
integral part of this agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any
work will be awarded to the Contractor. The County reserves the right to assign all or
portions of the Work to one (1) or multiple Contractors based on their availability. 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 Purchasing Ordinance and Purchasing
Procedures in effect at the time such services are authorized.
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4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement upon completion or partial completion of the Work as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B ", included in this Agreement, together with the Travel and
Reimbursable Expenses as defined in this Agreement. Payments shall be made to the
Contractor when requested as work progresses, but not more frequently than once per
month, on an estimated percentage complete for the Labor and Expenses Fee and at
actual costs for Travel Expenses. Payment will be made upon receipt of a proper
invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act ".
4.1 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 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.
4.2 Travel and Reimbursable Expenses:
Travel and Reimbursable Expenses must be approved in advance in writing by the
County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips
within Collier and Lee Counties are expressly excluded.
Reimbursements shall be at the following rates:
Mileage
$0.445 p er mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport
limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Contractor has provided all receipts.
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Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Contractor 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 Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Landfall Strategies, LLC
22 South Links Avenue, Suite 200
Sarasota, Florida 34236
Attention: Craig Schultz, Vice President, COO
Telephone: 941 -451 -7472
Facsimile: 941- 927 -1803
cschultz @landfallstrate ieg s.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239 -252 -8407
Facsimile: 239- 252 -6480
The Contractor 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 Contractor or to constitute the Contractor 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 Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors / Subconsultants.
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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 Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
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 Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to
persons employed by the Contractor.
9. NO IMPROPER USE. The Contractor 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 Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor 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 Contractor 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 Contractor 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, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor 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 Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor 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 Contractors;
Products and Completed Operations and Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
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 $500,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Contractor 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 Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. BONDS:
A. When a project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by The County, the Contractor shall furnish a Performance and
Payment Bond prior to commencing performance, for the full amount of the Work,
which shall act as a security guaranteeing the performance of the Contractor's work
and the payment by the Contractor to any other party(ies) providing labor and/or
materials in connection with each construction or renovation project performed by
the Contractor. The bonds shall be furnished using the forms prescribed in Exhibits
"D" and "D -2 ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five
(5) calendar days thereafter, substitute another bond and surety, both of which shall
be subject to the County's approval.
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14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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, whether resulting from any
claimed breach of this Agreement by Contractor, 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 Contractor or anyone employed or utilized by the Contractor 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.
14.1 The duty to defend under this Article 14 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend
under this Article 14 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.
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Division Department.
16. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #14 -6188 Scope of
Services and Addenda, Exhibit "A" Scope of Services, Exhibit "B" Hourly Rate
Schedule, Exhibit "C" FEMA and FHWA Supplemental Conditions CFDA
97.036 /CDFA 20.205, Exhibit "D" Public Payment Bond, and Exhibit "D -2" Public
Performance Bond.
18. 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.
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19. 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 contract held by the individual and/or
firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the
Contractor 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 Records Law Chapter 119 (including specifically those contractual requirements
at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor observes that the Contract Documents
are at variance therewith, it shall promptly notify the County in writing. Failure by the
Contractor 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.
21. 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 contract to other governmental entities at the
discretion of the successful proposer.
22. 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.
23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Ordinance and Purchasing Procedures.
24. 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 Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
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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 Contractor 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.
25. 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.
26. KEY PERSONNEL,/CONTRACT STAFFING. The Contractor's personnel and
management to be utilized for this project 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
contract. The Contractor 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 dates. The Contractor 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 Contractor 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.
27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, 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 conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at
Owner's discretion.
28. ASSIGNMENT. Contractor 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
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
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29. SAFETY. All Contractors and subcontractors 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. Also all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and /or right -of-
way for the purpose of inspection of any Contractor's work operations. This provision is
non - negotiable by any department and /or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not
have the right to refuse to allow OSHA onto a project that is being performed on Collier
County Property. Collier County, as the owner of the property where the project is
taking place shall be the only entity allowed to refuse access to the project. However,
this decision shall only be made by Collier County's Risk Management Department
Safety Manager and/or Safety Engineer.
30. SUBSTITUTE PERFORMANCE: In the event of the Contractor fails to perform any
required services within the time scheduled under the contract, the County reserves the
right to obtain substitute performance. Further, the County reserves the right to deduct
the cost of such substitute performance from the Contractor's payments. The Contractor
may be exempt from this provision if such exemption is granted by the Project Manager
or his designee, in writing, prior to any delays or as a result of an Act of Nature.
(Remainder of page intentionally left blank)
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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: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to Form and Legality:
Assistant County Attorney
Print Name
Landfall Strategies, LLC
Contractor
Signature
TType /print signature and titleT
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EXHIBIT "A ", SCOPE OF SERVICES
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris"
The Contractor will monitor Disaster Debris Management and Technical Assistance, on an as-
needed basis, to provide disaster recovery monitoring expertise and services to assist the
County to monitor the removal, reduction and environmentally approved disposal of debris
and other obstacles resulting from these disasters in full compliance with regulatory agency
requirements. The disposal sites must also be monitored to ensure FDEP requirements for
collection and disposal are met, and consistent with Federal Emergency Management Agency
(FEMA) requirements for cost reimbursement for debris management, removal and disposal.
Emergency Management Requirements:
1. The Contractor shall be allowed to subcontract project monitoring; such monitoring shall
include detailed web based cost and load tracking suitable for a comprehensive audit of
debris removal. Collier County may, at its discretion, limit the number of subcontract firms
working under the prime or sub -prime contractor at its sole discretion to ensure safety and
quality of work provided.
For monitoring of debris management, the Contractor shall provide a web based load
tracking and field project monitoring system or a paperless tracking system similar to the
requirements of the US Army Corps of Engineers now specified in their Advanced
Contracting Initiative - Disaster Debris Management. A detailed project - monitoring proposal
shall also be included. Monitoring shall be done in compliance with the most current FEMA
guidelines. Those monitoring efforts may include, but not be limited to:
(a) Providing assistance in updating the County's Debris Management and Removal
Plan.
(b) Provide training of selected County staff in essential debris management,
monitoring, and collection functions to insure appropriate and responsive interface
with field debris collection contractors and County, State and Federal Agencies.
(c) Provide field inspectors at designated checkpoints to check and verify information
on debris removal and at the Debris Management Sites (DMS) located or
developed throughout Collier County or the region if necessary as approved by the
County.
(d) Provide technical and permitting assistance associated with the need to locate
additional DMS when requested by Collier County.
(e) Provide assistance with scheduling, dispatching and logistical operations of the
field inspectors assigned to work areas of storm debris clean up. This work will
include, but not be limited to the following:
• To act as Collier County's representative in determining all forms of debris
eligibility.
• Coordinate with the State and Federal Emergency Management personnel to
determine debris eligibility.
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• Acquiring, hiring, training, deploying and supervising properly equipped
inspectors.
• Establishing the schedule for inspectors for each day.
• Monitoring and recording the volumetric measurement (cubic yards) or gross
empty weight of each truck that is added into service.
• Keeping records of contract hauler's trucks, to include cubic yardage, or loaded
weight, time in and time out, number of loads per day and other data as
requested by designated County staff.
• Coordinate with the Debris Removal Contractor to determine vehicle
certification, vehicle assignments, and provide the necessary vehicle decals or
placards for ease of identification and tracking.
• Coordinate with the County's Solid Waste Collections Contractors in instances
when excessive amounts of Disaster Debris accumulate because of a hurricane,
tropical storm, freeze, severe weather or other natural or manmade disaster and
when the County directs the Collections Contractor to provide Disaster Debris
collections services. The Contractor(s) will be responsible for measuring and
documentation of the volumes from the Collections Contractor's vehicles, and
an understanding of the contractual obligations is necessary.
• Coordinating with County personnel to respond to problems in the field, to
include residential or commercial property damage claims in the process of
debris removal. Contractors(s) shall establish a telephone claim reporting
system with a local or toll free phone number and provide staff for the
professional management of a receiving phone complaints or damage claims.
The Contractor shall investigate and assist in documentation of claims if
requested by the County.
• Conducting end of day duties, such as verifying all trucks have left the disposal
site, addressing daily safety reports and corrective action recommendations,
and locking down of the facility.
• Surveying the affected areas for special situations to include but not limited to
drainage, canals and navigable waters, or emergent needs, to include but not be
limited to; identifying tree stumps and the management of root balls and
associated cavities, hazardous trees, C &D debris, boats, vehicles, sand, hazmat,
and /or other potentially hazardous situations. The Contractor must keep a list
of these locations, track and coordinate the appropriate dispatch of equipment
and make frequent reports to the County on any post event remedial action.
• Record on a map the streets where debris was collected and provide an
accounting of any remaining, ineligible piles as well as those streets that have
been completed.
• Perform other duties as directed by the designated County personnel.
(� Contractor will ensure tickets are written for all eligible debris and are responsible
for ineligible debris.
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(g) Contractor will collect baseline data, per Local, State, and Federal requirements,
from the designated emergency debris management sites prior to opening of these
sites.
(h) Contractor will have the ability to provide separate documentation for Federal
Highway Administration Roads that were eligible for debris collection within the
County.
(i) Contractor will assist the County in obtaining necessary Local, State, and Federal
permits for the designated emergency debris management sites prior to current
hurricane season.
(j) Contractor will conduct ongoing environmental data collection per Local, State and
Federal requirements for the designated emergency debris management sites.
(k) Contractor will be responsible for technical, clerical, and information technology
assistance to the County in completing any and all forms necessary for
reimbursement from State or Federal agencies, including the Federal Emergency
Management Agency Department of Homeland Security, the State of Florida, and
the Federal Highway Administration or the Department of Housing and Urban
Development (HUD) relating to eligible costs arising out of the disaster recovery
effort.
(1) This may include, but is not limited to; the timely completion and submittal of
reimbursement requests, preparation and submittal of any and all necessary cost
substantiation and preparing replies to any and all agency requests, inquiries or
potential denials.
(m) Contractor will coordinate inspections with FDEP for approved site prior to
hurricane season.
(n) Contractor will employ or maintain on the work site(s) a qualified accessible
supervisor(s) or liaison officer as directed. At least one (1) accessible and
designated supervisor in the area of operation and the liaison officer shall have full
authority to act on behalf of Contractor and its subcontractors and all
communications given to the supervisor or liaison officer in writing by the
County's authorized representative shall be as binding as if given to Contractor.
(o) Contractor will be experts on the most current FEMA guidelines.
(p) Contractor will be required to cover a declared emergency event in which debris,
including hazardous material items, may be widely and randomly distributed
during the event.
(q) Contractor will be required to be able to recognize/ verify hazardous waste,
understand how it is required to be packaged, transported, stored, labeled and
disposed in a compliant manner so as to enure FEMA reimbursement.
(r) Contractor will be required to recognize and confirm that any storage sites used for
hazardous materials are in compliance.
(s) Contractor will be required to monitor/ document if any discharges of hazardous
materials occur under the Debris Contractors responsibility and follow up to
enure that Contractor achieves FDEP cleanup compliance.
(t) Selected monitoring services staff will be trained and certified in hazardous
materials handling /procedures /PPE, etc.
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(u) Monitoring services shall be required to know and follow the latest FEMA required
procedures relating to hazardous materials recovery and handling that ensure full
FEMA reimbursement for such activities.
(v) Monitoring services will know and ensure Debris Contractor adheres to all
Emergency Planning and Community Right -to -know Act (EPCRA) required rules
during the event recovery phase.
(w) Contractor will verify final disposition of material is consistent with State -FDEP
and Federal EPA requirements.
(x) Contractor will ensure compliance with the guidance from the County's staff, who
have continually focused on a timely, unencumbered and accurate close out to
absolutely maximize FEMA reimbursement for all debris removal. This process
also incorporates monitoring, detailed documentation, and responding in a timely
manner to changing funding eligibility associated with the most current FEMA-
sponsored operations.
(y) Contractor will provide final close -out audit support ensuring full reimbursement.
(z) Contractor will be responsible for establishing a truck certification program
including a location procedure and verification of the most current FEMA truck
certification methods.
(aa) Contractor will be responsible for ensuring that all load tickets contain the
appropriate information (i.e. truck certification number, street
address/ intersection, monitor vendor/ contract).
(bb) Contractor will develop a resource draw down plan for cost containment as part of
the program. The resource draw down plan will include but not limited to,
equipment rental, housing, staffing, and overhead to ensure a best value, low cost
operation.
(cc) Contractor will assist County in conducting an annual pre - hurricane season
tabletop exercise(s) (Strategic Debris Management Planning Exercise (SDMPE)) to
determine the adequacy of the debris removal plan the debris management process
and train all personnel associated with the debris management mission usually
held in April or May of each year.
(dd) Contractor will provide the County with reports including, but not limited to;
Daily Situational Reports, Damage Reports, Daily Work Order Reports, and
Ineligible Pile Reports.
Communications and Customer Service Coordination:
1. Contractor shall develop a Communications and Customer Service Coordination Plan
for the County's approval. Including a telephone claim reporting system as referenced
in section (e.vi.).
2. Contractor shall develop a Public Information and Coordination Plan for the County's
approval.
3. Contractor will provide a Health and Safety Plan.
4. Contractor will provide a plan to manage and execute the County's Geographic
Information System (GIS) debris management site tacking and debris collection tracking
progress real time.
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EXHIBIT "B, HOURLY RATE SCHEDULE
Contract 14 -6188
"FEMA Acceptable Monitoring for Disaster Generated Debris"
v:
Administrative/ Clerical Assistance
$27.00
Annual Table Top Exercise
Included
Billing Invoice Analysis/ Data Manager Invoice
Reconciliation
$55.00
Damage /Customer Services
$39.00
Debris Site /Tower /Field/ Crew Monitors
$34.00
Dispatch/ Schedule Manager
$52.00
Emergency Management Planning
$125.00
Environment Specialist/ Compliance Specialist
$53.00
Environmental Project Manager
$75.00
Federal Program Coordinator
$110.00
Field Supervisor/ Collection & Disposal Operations
$47.00
GIS Analysis/ Mapping Manager
$55.00
Grant Manager
$115.00
IT Manager
$125.00
IT Technician
$65.00
Load Ticket/ Data Entry Clerk
$30.00
Operations Manager/ Coordinator
$66.00
Post Project FEMA Close Out Support
$80.00
Project Coordinator
$30.00
Project Inspector/ Roving QA QC Inspector
$40.00
Project Manager
$75.00
Public Assistant Officer/ Public Information
$80.00
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EXHIBIT "C "
FEMA and FHWA
SUPPLEMENTAL CONDITIONS CFDA 97.036 /CDFA 20.205
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.
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 forwarded to the Department for review and approval. The
vendor agrees to include in the subcontract that (1) the subcontractors 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.
1) 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.
(2) Termination for cause and for convenience
A. 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:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. 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 1(a) above.
C. If termination for default is effected by the local government, an equitable adjustment in the
price for this contract shall be made, but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work, and
(2) 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
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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.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor
shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2)
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.
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to
their race, creed, color, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
"(h) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated
or suspended in whole or in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order No. 11246 of
Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
"(7) The contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the contracting agency may direct as a means of
Page 17 of 20
CA
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enforcing such provisions including sanctions for noncompliance: Provided, however, That in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States."
(4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.: The Contractor
agrees it will require that mechanics and laborers (including watchmen and guards) employed on this
federally assisted contract be paid wages of not less than one and one -half times their basic wage rates
for all hours worked in excess of forty hours in a work week.
(5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will
require that covered employees be paid at least the minimum prescribed wage, and also that they be
paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(6) Copeland "Anti- Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the
Anti- Kickback Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities.
(7) Reporting: The contractor will provide any information required to comply with the grantor
agency requirements and regulations pertaining to reporting.
(8) 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.
(9) Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor
agency, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the contractor
which are directly pertinent to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
(10) Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local
government makes final payment and all other pending matters are closed.
(11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA
Regulations: Contracts and subgrants of amounts in excess of $100,000 shall contain a provision
that requires the Contractor or recipient to comply with all applicable standards, orders, or
requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of
the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
(12) Energy Efficiency Standards: The contractor shall comply with any 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 (Pub. L. 94 -163, 89 Stat. 871).
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(13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small
purchase threshold and certain other contract awards shall not be made to parties listed on the
nonprocurement portion of the General Services Administration's List of parties Excluded from
Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,
"Debarment and Suspension." This list contains the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold
shall provide the required certification regarding its exclusion status and that of its principals.
Vendors submitting proposals for this purchase must attest that they, and their subcontractors and
partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal
financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note,
E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for
Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be
validated at the System for Award Management at www.sam.gov and the State of Florida at
http: / /dms.myflorida.com /business _operations /state_purchasing/ vendor information.
(14) CIVIL RIGHTS COMPLIANCE (FHWA)
The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
200d to 200d -7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non - discrimination in Federally- assisted programs of the
Department of Transportation issued pursuant to such Act, Collier County hereby notifies all
consultants that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for
an award.
Non Discrimination: All contracts shall contain a provision requiring compliance with Title VI of
the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which
provides that no person in the United States shall on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of
any transfer of such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits.
1. Equal Employment Opportunity: The following equal employment opportunity
requirements apply to the underlying contract:
a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 - 6107), the
Consultant agrees to refrain from discrimination against present and prospective
employees on the basis of age.
b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by
Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the
Consultant agrees to refrain from discrimination against anyone on the
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basis of race, color, religion, sex or national origin in all phases of employment during the
performance of federal or federally assisted construction contracts. The Consultant agrees
to take affirmative action to insure fair treatment in employment, upgrading, demotion, or
transfer and in such actions as recruitment or recruitment advertising; layoff/ termination,
rates of pay or other forms of compensation; and election for training and apprenticeship.
C. Disabilities: The Consultant agrees that it will comply with the Americans With
Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), where applicable,
which prohibits discrimination by public and private entities on the basis of disability in the
areas of employment, public accommodations, transportation, State and local government
services, and in telecommunications.
(15) Byrd Anti - Lobbying Amendment (31 U.S.C. 1352): FHWA 20.205
Consultants who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded up
from tier -to- tier -to recipient.
(16) DBE Participation
The Department of Transportation has an 8.6% race - neutral DBE goal. This means that the State's
goal is to spend at least 8.6% of the federal aid highway dollars with Certified DBE's as prime firms
or as sub - consultants /sub - Consultants. Race - neutrality means that the Department has
demonstrated that the 8.6% overall goal can be achieved through the normal competitive
procurement process without using DBE contract goals.
The County encourages DBE firms to compete for County professional services projects, and also
encourages non -DBE consultants to use DBE firms as sub - consultants. However, use of DBE sub -
consultants is not mandatory and no preference points will be given in the selection process for
DBE participation.
The CONSULTANT, sub recipient or subConsultant shall not discriminate on the basis of race,
color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our
applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted
contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as the
COUNTY deems appropriate.
Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must
include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its
subConsultants agree to comply with all applicable federal implementing regulations and other
implementing requirements the Federal government may issue.
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EXHIBIT "D"
PUBLIC PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
7/8/2014 16. E.11.
Bond No.
Contract No, 14 -6188
as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,
jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of . 20_, with Oblige for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work
provided for in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with
the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be
Iiable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number
of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20— the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By:
Name:
Its:
The foregoing instrument was acknowledged before me this of 20_, by
, as of a
corporation, on behalf of the corporation. He /she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Page 21 of 25
Packet Page -2032- v
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
Witnesses
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16. E.11.
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced as
identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page 22 of 25
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EXHIBIT "D -2"
PUBLIC PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
Bond No.
Contract No. 14 -6188
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ 1 for the payment whereof we bond
executors, personal representatives, successors and assigns, jointly and severally.
7/8/2014 16. E.11.
ourselves, our heirs,
WHEREAS, Principal has entered into a contract dated as of the day of 20. with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20. the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as
of
,a corporation, on behalf of the corporation.
He /She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 24 of 25
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ATTEST:
Witness as to Surety
Witnesses
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16. E.11.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
as of
Surety, on behalf of Surety. He /She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
Page 25 of 25
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Adninistrative Services Dvision
Pumhasing
Memorandum
Date: April 25, 2014
7/8/2014 16. E.11.
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
ADDENDUM #1
From: Brenda Brilhart, Procurement Strategist
To: Interested Parties
Subject: Addendum #1 — 14 -6188 FEMA Acceptable Monitoring for Disaster Generated
Debris
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CLARIFICATION:
To assist in determining a bid bond value, attached is Exhibit C — Hourly Rate Schedule — provide
fees for each line item and bond will be based on the total of all items. There is no accurate way to
forecast overall costs for these services, when and if needed. Include Exhibit C in your proposal.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Sue Zimmerman, Project Manager
Enc: 1
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REQUEST FOR PROPOSAL
Grant Funded
colly cmmty
Adrr nistraWe Services division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RFP 14 -6188
FEMA Acceptable Monitoring for Disaster Generated Debris
Brenda Brilhart, Procurement Strategist
(239) 252 -8446 (Telephone)
(239) 252 -6697 (Fax)
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.
Purchasing Depa*rwntr 3327 Taman Trail East - Napies, Florida 34112 -4901 • www.colliergov.netlpurchasing
Packet Page -2039-
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Table of Contents
LEGALNOTICE ................................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT . ..............................4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ..................................................... ............................... 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS .......................12
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .................... .............................15
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
ATTACHMENT 8: REFERENCE QUESTIONNAIRE ......................................... ............................... 31
EXHIBIT A — SCOPE OF SERVICES
EXHIBIT B — GRANT FORMS
RFP 14 -6188 FEMA Monitoring
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o r County
Adn-inistraM Services Division
Purchasing
Legal Notice
7/8/2014 16. E.11.
Sealed Proposals to provide FEMA Acceptable Monitoring for Disaster Generated Debris will be
received until 3:00 PM Naples local time, on May 1, 2014 at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
RFP 14 -6188
FEMA Acceptable Monitoring for Disaster Generated Debris
Services to be provided may include, but not be limited to the following: to provide disaster
recovery monitoring expertise and services to assist the County to monitor the removal,
reduction and environmentally approved disposal of debris and other obstacles resulting from
these disasters; in full compliance with regulatory agency requirements. .
A pre - proposal conference will not be held for this solicitation. All statements shall be made upon the
official proposal form which may be obtained on the Collier County Purchasing Department 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/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on April 8, 2014.
PurmasingDepatwitt- 33:1 Tamiam; Trail Eas': - Naples. F;or ;a 34112 • vmwzolliergov nefturchasi ^g
RFP 14 -6188 FEMA Monitoring
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department "),
the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ")
has issued this Request for Proposal (hereinafter, "RFP ") 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 Purchasing Policy.
Brief Description of Purchase
Collier County is looking for professional firms to provide disaster recovery monitoring
expertise and services to assist the County to monitor the removal, reduction and
environmentally approved disposal of debris and other obstacles resulting from these
disasters; in full compliance with regulatory agency requirements
Detailed Scope of Work — See Exhibit A
Requirements
Collier County seeks to establish contractual arrangements with at least one (1) or more (up to 3)
qualified firms to monitor Disaster Debris Management and Technical Assistance, on an as need
basis, to provide disaster recovery monitoring expertise and services to assist the County to monitor
the removal, reduction and environmentally approved disposal of debris and other obstacles resulting
from these disasters; in full compliance with regulatory agency requirements. The disposal sites must
also be monitored to ensure FDEP requirements for collection and disposal are met, and consistent
with Federal Emergency Management Agency (FEMA) requirements for cost reimbursement for
debris management, removal and disposal.
During emergency situations, work assignments shall be made by assigning one or more firms via the
issuance of a Purchase Order for the assigned task. The County reserves the right to assign all or
portions of the work to one or more firms based on their qualifications and availability.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for five (5) years with an additional
five (5) one (1) year renewal options. Prices shall remain firm for the initial term of this contract.
Requests for consideration of a price adjustment must be made on the contract anniversary date,
in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price
index (CPI) over the past twelve (12) months, budget availability and program manager approval.
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.
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Event
Date
Issue Solicitation Notice
4/8/14
Last Date for Receipt of Written Questions
5:00 PM 4/23/14
Pre - solicitation meeting
N/A
Addendum Issued
By 4/28/14
Solicitation Deadline Date and Time
3:00 PM 5/1/14
Anticipated Evaluation of Submittals
Week of 5/5/14
Anticipated Completion of Contract Negotiations
By 6/15/14
Anticipated Board of County Commissioner's Contract Approval
By 7/31/14
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
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.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
Proposers Qualifications:
All proposers must be primarily engaged in providing the services as outlined in this Request
for Proposal.
2. All proposers must have a demonstrated comprehensive understanding in areas listed in this
proposal. Understanding and previous experience are essential criterion in the qualifying
process.
3. The proposer's personnel and management to be utilized in this service requirement shall be
knowledgeable in their areas of expertise. The County reserves the right to perform
investigations as may be deemed necessary to insure that competent persons will be utilized
in the performance of the contract.
4. Debris monitoring contracts must be competitively procured as required by 44 CFR § 13.36
Procurement.
5. Debris monitors should not be employed by or affiliated with the debris removal contractor.
6. Debris monitoring contracts are typically time and materials contracts and must contain a not -
to- exceed clause, pursuant to 44 CFR § 13.36 Procurement.
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7. The contract should include a requirement that the contractor provide a safe working
environment, including properly constructed monitoring towers.
Use of a load ticket system to record with specificity (e.g., street address, GPS coordinates)
where debris is collected and the amount picked up, hauled, reduced and disposed of.
9. Debris monitors should be trained and possess skills adequate to fulfill the duties of the job.
Labor rates should be commensurate with the skill level required by the job function.
Professional engineers and qualifications are not required to perform monitoring duties.
10. The contractor should demonstrate that its staff is familiar with FEMA debris removal eligibility
criteria.
11. Documentation of Debris Collection: The debris collected should be documented by specific
information (e.g., load tickets, spreadsheets, etc.) that clearly indicates the date and exact
location (federal aid roadway) where it was removed and the quantity of debris that was
removed. Debris removed from federal aid routes should be clearly separated from debris
taken from non - federal aid roadways. The total volume of all debris should be calculated
within 60 days of the event.
Required Submittals:
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. Tabs 11 through Vll
must not exceed a total 25 pages (does not include dividers, etc.).
Tab 1: 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. List all proposed
subcontractors who will participate on the team.
Tab II: Firm's Credentials (Maximum Points 10): Proposer(s) shall include a description of the
proposer's business history and number of years in operation. Proposer shall include number of
employees, when firm was established, principals of firm, and any other related information.
Tab III: Expertise of Designated Staff (Maximum Points 25): Describe the qualifications and
experience of personnel that will provide these services including demonstrated knowledge and
understanding of the types of services to be performed; previous experience in similar or related work,
and local codes, laws and regulations governing the work. Include resumes of key staff and an
organizational chart. Describe any specific experience working on FEMA related projects.
Proposer(s) shall include the sources of their Labor Force; the County recommends the utilization of
local firms whenever possible.
Tab IV: Past Performance (Maximum 20 Points): Proposer(s) shall provide any information that
documents successful and reliable experience in past performance, especially those performances
related to the requirements of this Request for Proposal. Related experience shall be restricted to
those assignments undertaken within the last five (5) years.
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List Current Projects in the Format Identified Below: include all other obligations and contracts
currently held in the State of Florida
Original Final Number of
Project Description Start Date End Date Project Change
Budget Cost Orders
Tab V: Managerial Capabilities (Maximum 20 Points): Show evidence of the firm's ability to
manage tasks simultaneously and expeditiously; approach to problem /task resolution; and teamwork.
Management includes but not limited to the timeliness of mobilization, the quality and quantity of
equipment, and screening and qualification of subcontractors and local service providers. Include
resume of regional supervisor or liaison office. The Proposer(s) shall provide a listing of other
obligations and contracts currently held in the State of Florida.
Tab VI: Services to be Provided (Maximum 5 Points): The Proposer(s) shall provide a detailed list
of all services that the firm is able to provide and explain how these services will be accomplished.
Please include a guaranteed response time in this portion of the submittal.
Tab VII: Price Proposal (Maximum 10 Points): The Proposer(s) shall provide a complete price
proposal for all services to be provided, including a line item for the pre- hurricane season table top
exercise. Please include all hourly rate charges for heavy equipment, vehicles and personnel. In this
section of the required submittals, the proposer shall include details about the firm's invoicing process.
Tab VIII: References (Maximum 10 Points): Proposer(s) shall include a list of a minimum of three
(3) references, for similar projects only, who can attest to the firm's knowledge, quality of work,
timeliness, diligence, and flexibility. Include names, contact persons, phone numbers and an email
address for all references.
In order for the vendor to be awarded any points for this tab, the County requests that the vendor
submits five (5) completed reference forms from clients whose projects are of a similar nature to this
solicitation as a part of their proposal. The County will only use the methodology calculations for the
first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection
Committee reviewing proposals, the following methodology will be applied to each vendor's
information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers. Note: Sample chart reflects a 10 point reference.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
10
Vendor DEF
425
8.7
Vendor GHI
388
8.0
Vendor JKL
365
7.5
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The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
Tab IX: 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 X: Required Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Immigration Affidavit Certification
• Attachment 6: Vendor Substitute W -9
• Attachment 7: Insurance and Bonding Requirements
• Attachment 8: Reference Questionnaire
• Other: Licenses, Certificates, Etc.
• Include the Past 3 Years of Claim Litigation History and Status.
• Grant Forms
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Exhibit II: General RFP Instructions
1. Questions
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Direct questions related to this RFP to the Collier County Purchasing Department 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 Purchasing
Department 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 Purchasing
Department.
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 delivered before 3:00 PM, Naples local time, on or before May 1, 2014
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
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The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
If submitting manually, Vendors must submit one (1) paper copy clearly labeled "Master," and
one (1) disk (CD's /DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List
the Solicitation Number and Title on the outside of the box or envelope.
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.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Policy. The County may, as it deems necessary, conduct discussions with
qualified Vendors determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
• The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
• Request for Proposals issued.
• Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
• Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
• The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
• Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
• The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make
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site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
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.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. 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.
GRADING CRITERIA
POINTS
1. Firm's Credentials
10
2. Expertise of Designated Staff
25
3. Previous Performance on Similar Jobs
20
4. Managerial Capabilities
20
5. Services to be Provided
5
6. Price Proposal
10
7. References
10
Total Possible Points 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. 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 any
other Vendor or to re- advertise using the same or revised documentation, at its sole discretion.
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it
2.
3.
Exhibit III: Collier County Purchase Order Terms and Conditions
Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties,
unless otherwise specifically noted by the
COUNTY on the face of this Purchase Order.
Each delivery of goods and /or services received
by the COUNTY from VENDOR shall be
deemed to be upon the terms and conditions
contained in this Purchase Order.
No additional terms may be added and
Purchase Order may not be changed except by
written instrument executed by the COUNTY.
VENDOR is deemed to be on notice that the
COUNTY objects to any additional or different
terms and conditions contained in any
acknowledgment, invoice or other
communication from VENDOR, notwithstanding
the COUNTY'S acceptance or payment for any
delivery of goods and /or services, or any similar
act by VENDOR.
Inspection
All goods and /or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments
are subject to adjustment for shortage or
rejection. All defective or nonconforming goods
will be returned pursuant to VENDOR'S
instruction at VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non - conforming or otherwise rejected by the
COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
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b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers
must be indicated on bill of lading. Packing
slips must show Purchase Order number
and must be included on each package of
less than container load (LCL) shipments
and /or with each car load of equipment.
The COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR
agrees to declare to the carrier the value of
any shipment made under this Purchase
Order and the full invoice value of such
shipment.
d) All invoices must contain the Purchase
Order number and any other specific
information as identified on the Purchase
Order. Discounts of prompt payment will be
computed from the date of receipt of goods
or from date of receipt of invoices,
whichever is later. Payment will be made
upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government
Prompt Payment Act," and, pursuant to the
Board of County Commissioners
Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time,
as interpreted by the COUNTY in its sole
judgment, shall entitle the COUNTY to seek all
remedies available to it at law or in equity.
VENDOR agrees to reimburse the COUNTY for
any expenses incurred in enforcing its rights.
VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or
services is not a waiver of the COUNTY'S right
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a
to insist upon further compliance with all
specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such
change increase or decrease the cost of, or the
time required for performance of the Purchase
Order, an equitable adjustment in the price
and /or delivery schedule will be negotiated by
the COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment by
VENDOR must be made within thirty (30) days
from the date the change is ordered or within
such additional period of time as may be agreed
upon by the parties.
Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from
any security interest or other lien, encumbrance
or claim of any third party. These warranties
shall survive inspection, acceptance, passage of
title and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the
Occupational Health and Safety Act, the Federal
Transportation Act and the Fair Labor
Standards Act, as well as any law or regulation
noted on the face of the Purchase Order.
Advertising
No VENDOR providing goods and services to
the COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
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including but not limited to attorneys' fees,
arising from, caused by or related to the injury
or death of any person (including but not limited
to employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of
or are incident to the goods and /or services to
be provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any patent,
trademark, copyright or trade secret; and c) do
not constitute unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with
VENDOR'S representations and warranties in
section 11 (a).
If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
likely to occur, VENDOR may, at the
COUNTY'S option, procure for the COUNTY the
right to continue using the goods or services, or
replace or modify the goods or services so that
they become non - infringing, (without any
material degradation in performance, quality,
functionality or additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with
such terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage
is a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive
example, this shall include the American with
Disabilities Act and all prohibitions against
discrimination on the basis of race, religion, sex
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creed, national origin, handicap, marital status,
or veterans' status. Further, VENDOR
acknowledges and without exception or
stipulation 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. Failure by
the awarded firm(s) to comply with the laws
referenced herein shall constitute a breach of
the award agreement and the County shall have
the discretion to unilaterally terminate said
agreement immediately. Any breach of this
provision may be regarded by the COUNTY as
a material and substantial breach of the contract
arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of
nature. When VENDOR has knowledge of any
actual or potential force majeure or other
conditions which will delay or threatens to delay
timely performance of this Purchase Order,
VENDOR shall immediately give notice thereof,
including all relevant information with respects
to what steps VENDOR is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without
the prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
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This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately
in response to a breach of this Purchase
Order by VENDOR shall not constitute a
waiver of breach. Waiver of the COUNTY
by any default by VENDOR hereunder shall
not be deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or
by personal delivery and will be deemed
effective upon receipt. Postage, delivery
and other charges shall be paid by the
sender. A party may change its address for
notice by written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be associated
with this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase Order,
the terms of the Contract Documents shall
take precedence over the terms of the
Purchase Order. To the extent any terms
and /or conditions of this Purchase Order
duplicate or overlap the Terms and
Conditions of the Contract Documents, the
provisions of the Terms and /or Conditions
that are most favorable to the County and /or
provide the greatest protection to the
County shall govern.
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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.
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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 Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 20% or more of the solicitation amount for said work.
5. 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.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award. 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.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
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• 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: bccapclerka)-collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services
as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
"Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
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.
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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
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,
Community Development and Environmental Services 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.
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12. Termination
Should the Vendor be found to have failed to perform his 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.
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
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
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.org /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.
In addition, consultants that have participated and /or will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
17. Survivability
The Contractor agrees that any Purchase Order that extends beyond the expiration date of the
original Solicitation 14 -6188 will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
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18. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Procurement Director prior to the due date for acceptance
of proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m.
Collier County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted. Upon filing of said notice, the protesting party will have five (5)
days to file a formal protest and will be given instructions as to the form and content requirements of
the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement
Director.
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
If required, Contractor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Department, and drug testing 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.
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
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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 Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the
Vendor does not comply with providing both the Acceptable E- Verify evidence and the
executed affidavit the 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 sec. 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.
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Coler minty
Admnistrative services Division
Purchasing
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department 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 fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation RFP 14 -6188 - FEMA Acceptable Monitoring for Disaster
Generated Debris 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: Date
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Com er Cxumy
AdrTinisbafive Services DMsion
Purchasing
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 included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation RFP 14 -6188 FEMA
Acceptable Monitoring for Disaster Generated Debris.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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er County
f�drrinisbative Services DMsion
Purchasing
Attachment 3: Conflict of Interest Affidavit
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 proposed
work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and /or project duration.
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
My Commission Expires
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oer County
Adrrunisiratrvve SeMoes Wsion
Purr-ha sing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 14 -6188 - FEMA Acceptable Monitoring for Disaster Generated Debris
Dear Commissioners:
The undersigned, as Vendor 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 Vendor 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 Vendor states that the proposal is
based upon the proposal documents listed by Solicitation: 14 -6188 - FEMA Acceptable Monitoring
for Disaster Generated Debris.
RFP 14 -6188 FEMA Monitoring
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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
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Cofer County
Adrnnisbabve servicros Division
Purchasing
Attachment 5: Immigration Affidavit Certification
Solicitation: 14 -6188 - FEMA Acceptable Monitoring for Disaster Generated Debris
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, 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
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 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 proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
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.
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Coer Country
Adminis#r&ve Semoes Dvision
Purchasing
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
Order Information
Address
City State
FAX
Email
Zip
2. Company Status (check only one)
Email
Remit I Payment Information
Address
City State
FAX
Email
Zip
_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
RFP 14 -6188 FEMA Monitoring
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er County
Acirr nistrative Services Dvision
Purchasing
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 $500,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form) $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
patterned after the current Liability and Property Damage Liability. This shall include Premises and
ISO form 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 Contractor/Vendor /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. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non - owned /Hired; Automobile Included
5. ❑ 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.
❑ Pollution
$ Per Occurrence
Per Occurrence
❑ Professional Liability $ 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
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• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
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.
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
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
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Cote,- County
Administatw Sernoes Division
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 14 -6188 - FEMA Acceptable Monitoring for Disaster
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
Email:
(Evaluator completing reference questionnaire)
FAX:
7/8/2014 16. E.11.
ebris
(Evaluator's Company completing reference)
Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
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EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
Situated on the Southwest Coast of Florida, Collier County is highly vulnerable to:
• Natural disasters, such as hurricanes, tornadoes, flooding and forest fires; and,
• Manmade disasters, such as oil spills, hazardous material spills or releases, multi vehicular
accidents resulting from fog or severe rainstorm conditions, acts of terrorism, etc.
Disasters most often produce substantial volumes of debris, creating hazardous conditions to the public
health, welfare and safety, which result in disruption of the essential physical and economic life of the
community. These disruptions are caused by:
Obstructed roadways;
Environmental offenses resulting from hazardous material spills or releases, the resulting
contaminations of soils, ground and surface waterways and potential sources for air pollution;
Obstacles to safe passage of essential pedestrian and vehicular traffic.
It is mandatory that there be an early, safe and quick response to restoring environmentally safe and
economically viable conditions to the disaster affected areas. This objective has the highest priority in the
County's planning and its ability to deal with all damage.
Disasters will result in large expenditures of manpower, equipment and related materials and supplies, at
substantial cost to the County.
It is imperative that Collier County be prepared to provide all necessary disaster recovery services and have
the means to recover all eligible costs from State and Federal Agencies that have funds to assist local
governments to cope with all natural and manmade disasters.
REQUIREMENTS
Collier County seeks to establish contractual arrangements with at least one (1) or more (up to 3) qualified
firms to monitor Disaster Debris Management and Technical Assistance, on an as need basis, to provide
disaster recovery monitoring expertise and services to assist the County to monitor the removal, reduction
and environmentally approved disposal of debris and other obstacles resulting from these disasters; in full
compliance with regulatory agency requirements. The disposal sites must also be monitored to ensure
FDEP requirements for collection and disposal are met, and consistent with Federal Emergency
Management Agency (FEMA) requirements for cost reimbursement for debris management, removal and
disposal.
During emergency situations, work assignments shall be made by assigning one or more firms via the
issuance of a Purchase Order for the assigned task. The County reserves the right to assign all or portions
of the work to one or more firms based on their qualifications and availability.
The selected monitoring firm's response to the recovery process must be immediate (within 24 hours of
"Notice to Proceed), rapid, efficient, with Acceptable cost controls, - accountability procedures, with written
reports and submittals in place, to assure that the County will have the means to be reimbursed for all
eligible disaster recovery costs from appropriate Federal and State Agencies.
The selected firm(s) must be prepared to carry out the assigned tasks in compliance with the applicable
provisions of Collier County's Solid & Hazardous Waste Management Department Debris Management
Plan. (Attachment A)
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The purchase orders to the selected firm(s) may include, but not be limited to Monitoring Activities pursuant
to Local, State, and Federal Rules and regulations and County's requirements, assistance and input to the
updates to the above mentioned plans as needed, as well as new purchase orders for financial modeling
and monitoring for advance forecast and readiness plan /planning as assigned may be requested by the
County.
EMERGENCY MANAGEMENT REQUIREMENTS:
1. The selected firm(s) shall be allowed to subcontract project monitoring; such monitoring shall include
detailed web based cost and load tracking suitable for a comprehensive audit of debris removal. Collier
County may, at its discretion, limit the number of subcontract firms working under the prime or sub -prime
contractor at its sole discretion to ensure safety and quality of work provided.
The selected Firm(s) for monitoring of debris management shall provide a web based load tracking and field
project monitoring system or a paperless tracking system similar to the requirements of the US Army Corps
of Engineers now specify in their Advanced Contracting Initiative - Disaster Debris Management. A detailed
project- monitoring proposal shall also be included. Monitoring shall be done in compliance with the most
current FEMA guidelines. Those monitoring efforts shall include, but not be limited to:
(a) Providing assistance in updating the County's Debris Management and Removal Plan.
(Attachment A)
(b) Provide training of selected County staff in essential debris management, monitoring, and
collection functions to insure appropriate and responsive interface with field debris collection
contractors and County, State and Federal Agencies.
(c) Provide field inspectors at designated checkpoints to check and verify information on debris
removal and at the Debris Management Sites (DMS) located or developed throughout Collier
County or the region if necessary as approved by the county. Staging sites are listed in
Attachment B.
(d) Provide technical and permitting assistance associated with the need to locate additional DMS
when requested by Collier County.
(e) Provide assistance with scheduling, dispatching and logistical operations of the field inspectors
assigned to work areas of storm debris clean up. This work will include:
• To act as Collier County's representative in determining all forms of debris eligibility
• Coordinate with the State and Federal Emergency Management personnel to determine
debris eligibility.
• Acquiring, hiring, training, deploying and supervising properly equipped inspectors.
• Establishing the schedule for inspectors for each day.
• Monitoring and recording the volumetric measurement (cubic yards) or gross empty weight of
each truck that is added into service.
• Keeping records of contract hauler's trucks, to include cubic yardage, or loaded weight, time
in and time out, number of loads per day and other data as requested by designated County
staff.
• Coordinate with the Debris Removal contractor to determine vehicle certification, vehicle
assignments, and provide the necessary vehicle decals or placards for ease of identification
and tracking.
• Coordinate with the County's Solid Waste Collections Contractors in instances when
excessive amounts of Disaster Debris accumulate because of a hurricane, tropical storm,
freeze, severe weather or other natural or manmade disaster and the County directs the
Collections Contractor to provide Disaster Debris collections services. The Firm(s) will be
responsible for measuring and documentation of the volumes from the Collections
Contractor's vehicles as well as an understanding of the contractual obligations is necessary.
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Coordinating with County personnel to respond to problems in the field, to include residential
or commercial property damage claims in the process of debris removal. Contractors(s) shall
establish a telephone claim reporting system with a local or toll free phone number and
provide staff for the professional management of a receiving phone complaints or damage
claims. The contractor shall investigate and assist in documentation of claims if requested by
the county.
Conducting end of day duties, such as verifying all trucks have left the disposal site,
addressing daily safety reports and corrective action recommendations, and locking down of
the facility.
Surveying the affected areas for special situations to include but not limited to drainage,
canals and navigatable waters, or emergent needs, to include but not be limited to,
identifying tree stumps and the management of root balls and associated cavities, hazardous
trees, C &D debris, boats, vehicles, sand, hazmat, and /or other potentially hazardous
situations. The contractor must keep a list of these locations, track and coordinate the
appropriate dispatch of equipment and make frequent reports to the County on any post
event remedial action.
Record on a map the streets where debris was collected and provide an accounting of any
remaining, ineligible piles as well as those streets that have been completed.
Perform other duties as directed by the designated County personnel.
(f) The Firm(s) will ensure tickets are written for all eligible debris and are responsible for ineligible
debris.
(g) The Firm(s) will collect baseline data, per Local, State, and Federal requirements, from the
designated emergency debris management sites prior to opening of these sites.
(h) The Firm(s) will have the ability to provide separate documentation for Federal Highway
Administration Roads that were eligible for debris collection within the County.
(i) The Firm(s) will assist the County in obtaining necessary Local, State, and Federal permits for
the designated emergency debris management sites prior to current hurricane season.
(j) The Firm(s) will conduct ongoing environmental data collection per Local, State and Federal
requirements for the designated emergency debris management sites.
(k) The Firm(s) will be responsible for technical, clerical, and information technology assistance to
the County in completing any and all forms necessary for reimbursement from State or Federal
agencies, including the Federal Emergency Management Agency Department of Homeland
Security, the State of Florida, and the Federal Highway Administration or the Department of
Housing and Urban Development (HUD) relating to eligible costs arising out of the disaster
recovery effort.
(1) This may include, but is not limited to, the timely completion and submittal of reimbursement
requests, preparation and submittal of any and all necessary cost substantiations and preparing
replies to any and all agency requests, inquiries or potential denials.
(m) The Firm(s) will coordinate inspections with FDEP for approved site prior to hurricane season.
(n) The Firm(s) will employ or maintain on the work site(s) a qualified accessible supervisor(s) or
liaison officer as directed. At least one (1) accessible and designated supervisor in the area of
operation and the liaison officer shall have full authority to act on behalf of the Firm(s) and its
subcontractors and all communications given to the supervisor or liaison officer in writing by the
County's authorized representative shall be as binding as if given to the Firm(s).
(o) The Firm(s) will be experts on the most current FEMA guidelines.
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(p) The Firm(s) will be required to cover a declared emergency event in which debris, including
hazardous material items, may be widely and randomly distributed during the event.
(q) The Firm(s) will be required to be able to recognize /verify hazardous waste, understand how it is
required to be packaged, transported, stored, labeled and disposed in a compliant manner so as
to ensure FEMA reimbursement.
(r) The Firm(s) will be required to recognize and confirm that any storage sites used for hazardous
materials are in compliance.
(s) The Firm(s) will be required to monitor /document if any discharges of hazardous materials occur
under the Debris Contractors responsibility and follow up to ensure that Contractor achieves
FDEP cleanup compliance.
(t) Selected monitoring services staff will be trained and certified in hazardous materials
handling /procedures /PPE, etc.
(u) Monitoring services shall be required to know and follow the latest FEMA required procedures
relating to hazardous materials recovery and handling that ensure full FEMA reimbursement for
such activities.
(v) Monitoring services will know and ensure Debris Contractor adheres to all Emergency Planning
and Community Right -to -know Act (EPCRA) required rules during the event recovery phase.
(w) The Firm(s) will verify final disposition of material is consistent with State -FDEP and Federal
EPA requirements.
(x) The Firm(s) will ensure compliance with the guidance from the County's staff, who have
continually focused on a timely, unencumbered and accurate close out to absolutely maximize
FEMA reimbursement for all debris removal. This process also incorporates monitoring, detailed
documentation, and responding in a timely manner to changing funding eligibility associated with
the most current FEMA- sponsored operations.
(y) The Firm(s) will provide final close -out audit support ensuring full reimbursement.
(z) The Firm(s) will be responsible for establishing a truck certification program including a location
procedure and verification of the most current FEMA truck certification methods.
(aa) The Firm(s) will be responsible for ensuring that all load tickets contain the appropriate
information (i.e. truck certification number, street address /intersection, monitor vendor /contract).
(bb) The Firm(s) will develop a resource draw down plan for cost containment as part of the program.
The resource draw down plan will include but not limited to, equipment rental, housing, staffing,
overhead to ensure a best value, low cost operation.
(cc) The Firm(s) will assist County in conducting an annual pre- hurricane season tabletop exercise(s)
(Strategic Debris Management Planning Exercise (SDMPE)) to determine the adequacy of the
debris removal plan the debris management process and train all personnel associated with the
debris management mission usually held in April or May of each year.
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(dd) The Firm(s) will provide the County with reports including but not limited to Daily Situational
Reports, Damage Reports, Daily Work Order Reports, and Ineligible Pile Reports.
Communications and Customer Service Coordination
1. The Firm(s) shall develop a Communications and Customer Service Coordination Plan for the
County's approval. Including a telephone claim reporting system as referenced in section (e.vi.)
2. The Firm(s) shall develop a Public Information and Coordination Plan for the County's approval.
3. The Firm(s) will provide a Health and Safety Plan.
4. The Firm(s) will provide a plan to manage and execute the County's Geographic Information System
(GIS) debris management site tacking and debris collection tracking progress real time.
CONTRACTUAL SERVICES
Based on the County's needs, the selected firm(s) will be requested to carry out specific monitoring
activities /tasks related to solid and hazardous waste, debris management, removal, reduction, disposal,
turn -key environmental restoration and remediation, associated with natural and manmade disaster events.
Call- Center Services. The Monitoring Company shall be capable of providing a 1 -800 service to respond
and report on resident inquiries during the debris recovery activity.
The County may order changes in the service consisting of additions, deletions or other revisions to the
Scope of Services for debris management. No claims may be made by the Monitoring Company to change
the amount of compensation of the CONSULTANT or other adjustments to the Agreement, unless such
changes or adjustments have been approved by the County and incorporated herein in writing to this
Agreement.
The Monitoring Company shall contact the County Debris Manager, at a minimum twenty four (24) hours
prior to a hurricane event or immediately upon the occurrence of a major disaster event within the County
when there is no advance notification /warning. The Monitoring Company shall report to the County Debris
Manager or their designee within twenty -four (24) hours of being given a purchase order number and /or a
Notice to Proceed.
The selected firm(s) shall identify locations available to them for monitoring activities, in the event that the
County cannot provide facilities for monitoring center.
The County also reserves the right to request proposals from the selected firm(s) to carry out specific
monitoring functions for material management, removal and disposal resulting from other than disastrous
events.
The selected firm(s) may also be tasked to review the County's existing Comprehensive Emergency
Management Plan, the Hazard Mitigation Plan and their various Phases.
Reimbursement for Tasks will be based on terms agreed to prior to the assignment of a specific task.
Work associated with Federal and State declared disaster(s) will require the Firm(s) to meet all State and
FEMA guidelines for reimbursement. Failure to gain Federal or State funding through illegal or
inappropriate collection, processing or disposal will be the responsibility of the Firm(s).
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EXHiBITB - GRANTRORMS
Provided in Separate File
• Bid Opportunity List
• DBE MBE Participation
• Debarment
• Lobbying
• Consultant Affidavit
• Truth in Negotiations
• FEK8A 2013-O%-18SuppimentatConditions
nn" 14-6188 rsmA Monitoring
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