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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 Packet Page -1957- 7/8/2014 16. E.11. 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. Packet Page -1958- 7/8/2014 16. E.11. 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 Packet Page -1959- 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 Packet Page -1960- Date: 7/1/2014 2:23:43 PM Packet Page -1961- 7/8/2014 16. E.11. 7/8/2014 16. E.11. 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. Page 1 of 20 Packet Page -1962- 7/8/2014 16. E.11. 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. Page 2 of 20 Packet Page -1963- 0 W, 1 7/8/2014 16. E.11. 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. Page 3 of 20 O Od Packet Page -1964- 7/8/2014 16. E.11. 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. Page 4 of 20 O d Packet Page -1965- 7/8/2014 16. E.11. 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. Page 5 of 25 Packet Page -1966- 7/8/2014 16. E.11. 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. Page 6 of 25 Packet Page -1967- (9 7/8/2014 16. E.11. 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 Page 7 of 25 Packet Page -1968- 9 7/8/2014 16. E.11. 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. Page 8 of 25 Packet Page -1969- bJ 7/8/2014 16. E.11 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) Page 9 of 25 Packet Page -1970- CPO 7/8/2014 16. E.11. 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 Page 10 of 20 Packet Page -1971- �2 `� 0 7/8/2014 16. E.11. 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. Page 11 of 20 Packet Page -1972- a� J 7/8/2014 16. E.11. • 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. Page 12 of 20 O� Packet Page -1973- 7/8/2014 16.E.11. (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. Page 13 of 20 Packet Page -1974- 7/8/2014 16. E.11. (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. Page 14 of 20 i Packet Page -1975- 7/8/2014 16. E.11. 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 Page 15 of 20 Packet Page -1976- 7/8/2014 16. E.11. 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 Page 16 of 20 Packet Page -1977- 7/8/2014 16. E.11. 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 Page 17 of 20 Packet Page -1978- 7/8/2014 16. E.11 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). Page 18 of 20 a� Packet Page -1979- 7/8/2014 16. E.11. (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 Page 19 of 20 Packet Page -1980- 7/8/2014 16. E.11. 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. Page 20 of 20 (u Packet Page -1981- 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) Page 21 of 25 Packet Page -1982 - 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.: Page 22 of 25 Packet Page -1983- NJ 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. Page 23 of 25 Packet Page -1984- bJ 7/8/2014 16. E.11. 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 Packet Page -1985- �bJ 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.: Page 25 of 25 Packet Page -1986- �b� 7/8/2014 16. E.11. 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. Page 1 of 20 i� Packet Page -1987- 7/8/2014 16. E.11. 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. Page 2 of 20 Packet Page -1988- 7/8/2014 16. E.11. 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. Page 3 of 20 Packet Page -1989- 7/8/2014 16. E.11 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. Page 4 of 20 C ' Packet Page -1990- 7/8/2014 16. E.11. 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. Page 5 of 25 Packet Page -1991- 7/8/2014 16. E.11. 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. Page 6 of 25 Packet Page -1992- (9 7/8/2014 16. E.11. 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 Page 7 of 25 Packet Page -1993- 9 7/8/2014 16. E.11. 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. Page 8 of 25 Packet Page -1994- bJ 7/8/2014 16. E.11. 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) Page 9 of 25 Packet Page -1995- CPO 7/8/2014 16. E.11. 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 Page 10 of 20 Packet Page -1996- C ----N 7/8/2014 16. E.11. 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. Page 11 of 20 Packet Page -1997- 7/8/2014 16. E.11. • 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. Page 12 of 20 mot' r Packet Page -1998- 7/8/2014 16. E.11. (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. Page 13 of 20 ( ! U' Packet Page -1999- 7/8/2014 16. E.11. (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. Page 14 of 20 Tj Packet Page -2000- 7/8/2014 16. E.11. 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 Page 15 of 20 Packet Page -2001- 7/8/2014 16. E.11. 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 Page 16 of 20 06J Packet Page -2002- 7/8/2014 16. E.11. 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 Page 17 of 20 Packet Page -2003- 7/8/2014 16. E.11. 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). Page 18 of 20 06, Packet Page -2004- 7/8/2014 16. E.11. (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 Page 19 of 20 O bJ Packet Page -2005- 7/8/2014 16. E.11. 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. Page 20 of 20 9 dJ Packet Page -2006- EXHIBIT "D" PUBLIC PAYMENT BOND 7/8/2014 16. E.11. 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) Page 21 of 25 Packet Page -2007- 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) 7/8/2014 16. E.11. (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.: Page 22 of 25 Packet Page -2008- �b'j 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. Page 23 of 25 Packet Page -2009- �bJ 7/8/2014 16. E.11. 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.: Page 24 of 25 Packet Page -2010- Gb_ 7/8/2014 16. E.11. 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.: Page 25 of 25 Packet Page -2011- �bJ 7/8/2014 16. E.11. 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. Page 1 of 20 y Packet Page -2012- 7/8/2014 16. E.11. 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. Page 2 of 20 Packet Page -2013- J 7/8/2014 16. E.11. 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. Page 3 of 20 Packet Page -2014- 7/8/2014 16..E. 11. 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. Page 4 of 20 J Packet Page -2015- 7/8/2014 16. E.11. 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. Page 5 of 25 Packet Page -2016- 7/8/2014 16. E.11. 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. Page 6 of 25 Packet Page -2017- (9 7/8/2014 16. E.11. 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 Page 7 of 25 Packet Page -2018- 9 7/8/2014 16. E.11. 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. Page 8 of 25 Packet Page -2019- bJ 7/8/2014 16. E.11. 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) Page 9 of 25 Packet Page -2020- bJ 7/8/2014 16. E.11. 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 Page 10 of 20 Packet Page -2021- �J 7/8/2014 16.E. 11. 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. Page 11 of 20 Packet Page -2022- 7/8/2014 16. E.11. • 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. Page 12 of 20 Packet Page -2023- 7/8/2014 16. E.11. (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. Page 13 of 20 p� Packet Page -2024- 7/8/2014 16. E.11. (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. Page 14 of 20 J. Packet Page -2025- 7/8/2014 16. E.11. 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 Page 15 of 20 Packet Page -2026- 7/8/2014 16. E.11. 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 Page 16 of 20 Packet Page -2027- 7/8/2014 16. E.11. 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 Packet Page -2028- 7/8/2014 16. E.11. 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). Page 18 of 20 'A( Packet Page -2029- 7/8/2014 16.E. 11. (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 Page 19 of 20 Packet Page -2030- 7/8/2014 16. E.11. 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. Page 20 of 20 Packet Page -2031- 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 Packet Page -2033- bj 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. Page 23 of 25 Packet Page -2034- �bJ 7/8/2014 16. E.11. 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 Packet Page -2035- ��� 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 Packet Page -2036- �bJ w d E c c c o ca v _ d = cn U- �Q� j l 'n U Co Co T- to 4 r ii CL d PacketPage -2037- Nr a N 00 N N to c N Co p Q N CD C .N (li 7/8/2014 16. E.11. 0 Cu OD m a —dr- c(MY minty 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 Packet Page -2038- 7/8/2014 16. E.11. 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- 7/8/2014 16. E.11. 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 Packet Page -2040- 2 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 Packet Page -2041- 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2042- 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2043- 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2044- 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2045- 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2046- Exhibit II: General RFP Instructions 1. Questions 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2047- 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2048- 10 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2049- 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. 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2050- 12 Q 7 13 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, 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring 13 Packet Page -2051- 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 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2052- 14 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2053- 15 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2054- M 7/8/2014 16. E.11. • 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. RFP 14 -6188 FEMA Monitoring Packet Page -2055- 17 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring 18 Packet Page -2056- 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2057- 19 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2058- 20 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2059- 21 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2060- 22 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring 23 Packet Page -2061- 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2062- 24 7/8/2014 16. E.11. 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 (Proposal Continued on Next Page) Packet Page -2063- 25 7/8/2014 16. E.11. 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 RFP 14 -6188 FEMA Monitoring Packet Page -2064- 26 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2065- 27 7/8/2014 16. E.11. 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 Packet Page -2066- 28 7/8/2014 16. E.11. 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 Packet Page -2067- 7/8/2014 16. E.11. • $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 RFP 14 -6188 FEMA Monitoring Packet Page -2068- 30 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: RFP 14 -6188 FEMA Monitoring Packet Page -2069- By 31 7/8/2014 16. E.11. 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) RFP 14 -6188 FEMA Monitoring Packet Page -2070- 32 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring 33 Packet Page -2071- 7/8/2014 16. E.11. 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. RFP 14 -6188 FEMA Monitoring Packet Page -2072- 34 7/8/2014 16. E.11. (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. RFP 14 -6188 FEMA Monitoring Packet Page -2073- 35 7/8/2014 16. E.11. (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). RFP 14 -6188 FEMA Monitoring Packet Page -2074- 36 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 Packet Page -205- 37