2017-115 AGREEMENT FOR
DISASTER DEBRIS REMOVAL MANAGEMENT
AND MONITORING SERVICES
THIS AGREEMENT, is made and entered into this 2-L4 day of 0lr
2017, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is:685 W.Montrose Street,Clermont,
Florida, (hereinafter referred to as "CITY"), and TETRA TECH, INC., whose address is:
2301 Lucien Way, Suite 120, Maitland, FL 32751 (hereinafter referred to as
"CONTRACTOR").
WHEREAS,the Lake County B.C.C.through the public procurement process awarded an
Agreement for Disaster Debris Removal Management and Monitoring Services, Lake
County B.C.0 contract number RFP#16-0671;
WHEREAS,CITY desires to utilize the above-referenced awarded bid,CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Lake County B.C.C. contract number RFP# 16-0671;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I—SCOPE OF WORK
The CONTRACTOR shall provide monitoring services for debris collection and sites, to
coordinate and manage all disaster debris management activities, and to furnish potential
solutions as described in the Lake County B.C.C. contract number RFP# 16-0671, which
is attached hereto and incorporated herein as Exhibit"A"and shall do everything required
by this Agreement and the other Agreement Documents contained in the specifications,
which are a part of these Documents. Provided,however,that nothing herein shall require
CITY to purchase or acquire any items or services from CONTRACTOR. To the extent
of a conflict between this Agreement and Exhibit "A", the terms and conditions of this
Agreement shall prevail and govern. In all instances the CITY purchasing policy,
resolutions and ordinances shall apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit 'B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until January 31, 2019, unless terminated or renewed as
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provided by the Lake County H.C.C.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a geheral assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens_to have,a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement: In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement,for work,properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for two
(2)additional one(1)year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide monitoring services for debris collection and sites, to
coordinate and.manage all disaster debris management activities forth in the applicable
purchase order or notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty-(30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services'provided and accepted by the
CITY.
ARTICLE VI—WARRANTY
CONTRACTOR shall warrant alllication specific aPP p goods sold to CITY under this
Agreement to be free from defects in materials and workmanship for the period of the then
current standard,warranty offered by-CONRTACTOR.to its retail customers for such
Goods. Notwithstanding the foregoing,CONTRACTOR agrees that CITY will receive the
benefit of any warranty provided by CONTRACTOR's vendor that CONTRACTOR may
pass through to the CITY. The warranty stated in this section represents the total liability
of CONTRACTOR for any goods. ALL OTHER WARRANTIES, BOTH EXPRESS
AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY EXCLUDED. CONTRACTOR shall not be liable to City, for any indirect,
special,incidental or consequential damages. CITY agrees to be responsible for and shall
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indemnify and hold CONTRACTOR harmless from and against all damages, claims or
demands to the extent arising out of or resulting from(i)improper installation of goods by
Customer;or(ii)any breath of an express product warranty issued by CITY to a customer
or end user of any of the goods that exceeds either the scope of the manufacturers' express
warranties Or such other warranties set forth in this Agreement or agreed to by
CONTRACTOR in writing.
ARTICLE VII-DISPUTE RESOLUTION-MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
. shall be held in'Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VIII=INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance- The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the .subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by.the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
Each Accident, $1,000,000
Disease-Each Employee, $1,000,000
Disease-Policy Limit, $1,000,000
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during thelife of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or byanyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General,$1,000,000 Each
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($2,000,000 aggregate)
Liability, Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability,Umbrella Form $2,000,000
(d) Fire Damage, $50,000
(e) Medical Expense,$5,000
Each Occurrence,Combined Single Limit
Insurance clause for both .BODILY INJURY AND PROPERTY DAMAGE shall be
amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
.Insurance-:The CONTRACTOR shall require each of his'subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the'fiillest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorneys fees, arising out of or resulting
from the.performance of the Work, provided that any such claim,
damage, loss or expense is causedin whole or in part by any negligent
act or omission of the.CONTRACTOR, any subCONTRACTOR,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable,regardless of whether or not it is
caused in part by a party indemnified hereunder.: Such obligation shall
not be construed to negate,abridge, or otherwise reduce any other right
to obligation of indemnity which would otherwise exist as to any party
or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any'employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the I
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
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ARTICLE IX—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered,with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Tetra Tech, Inc.
2301 Lucien Way, Suite 120
Maitland, FL 32751
Attn: Jonathan'Burgiel,V.P.
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W.Montrose Street
Clermont,FL 34711
ARTICLE X—MISCELLANEOUS
I. Attorneys'Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
• be construed or operate as a waiver of any subsequent breath of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3., Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part'.thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable tinder applicable law, the remainder of this
Agreement and_ the application of such a provision to other persons or
circumstances shall be unaffected, and. this Agreement shall be valid and
enforceable to the fiillest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference'contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
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6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR,in whole or in part,without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County,Florida
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor.expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all;public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO: PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352)241-7331.
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ARTICLE XI—AGREEMENT DOCUMENTS
The Agreement Documents,as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the Lake County B.C.C. Contract Number RFP # 16-
0671.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of I 1 J �U 2017.
City of .ont
Argil e le/
Gail Ash,City Mayor
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Attest:
'Tracy Aclroyd Howe,City Clerk
Tetra Tech, Inc. {/ ,(�J
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Jonathan Burgiel,Vice President/Ops Manager
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Betty Kamara, Contracts Manager
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EXHIBIT A
LAKE COUNTY
FLORIDA
August 1,2016
Mr.Jonathan Burgiel,V.P.
Tetra Tech,Inc.
2301 Lucien Way
Suite 120
Maitland,FL 32751
Subject: Agreement 416-0617/Disaster Debris Removal Management and Monitoring Services
Dear Mr.Burgiel:
The agreement between Lake County and your firm in support of the subject contract effort has
been approved by the Lake County Board of County Commissioners, Enclosed is an executed
contract for your records. Mr. David Salines, Operations Compliance Specialist, Solid Waste
Division,shall act as the County's project manager for subsequent project efforts.
If you have any questions regarding the contract itself,or the award process,please contact me at
(352)343-9765 or ihdathitifithimmtyfisa
We look forward to working with you and anticipate our mutual success under this agreement,
Sincerely,
Oita
Donna O.Villiois,CPPB
Senior Contracting Officer
Copy: Solid Waste Division(David Salines)
County Attorney's Office
Contract File
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AGREEMENT BETWEEN
LAKE COUNTY,FLORIDA,AND
• TETRA TECH,INC.
FOR DISASTER DEBRIS REMOVAL MANAGEMENT&MONITORING
•
RFP#16-0617
This is an Agreement between Lake County,Florida,a political subdivision of the State of Florida,
herein referred to as the COUNTY,by and through its Board of County Commissioners,and Tetra Tech,
Inc.,a foreign for profit corporation authorized to do business in the State of Florida,its successors and
assigns,herein referred to as the CONSULTANT.
WHEREAS,the COUNTY publicly submitted a Request For Proposals(RFP),#16-0617,seeking
proposals from firms qualified to provide monitoring services for debris collection and sites,to coordinate
and manage all disaster debris management activities, and to furnish potential solutions to Lake County
with regard to its debris management plan in accordance with applicable regulations of the Federal
Emergency et'B Y Mane gement Agency(FEMA),Federal Highway Administration(FHWA),Florida Depot-talent
of Transportation(FDOT),Florida Department of Health(FI)11),Natural Resources Conservation Services
(MRCS),Lake County Water Authority(LCWA),and the Florida Department of Environmental Protection
(FDEP)in conjunction with the County's needs,(herein referred to as the PROJECT);and
WHEREAS, the CONSULTANT desires to perform such services subject to the terms of this
Agreement;and
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings,
conditions,premises,covenants and payment hereinafter set forth,and intending to be legally bound,the
parties hereby agree as follows:
Article 1. Recitals
1.1 The foregoing recitals are true and correct and incorporated herein by reference.
Article 2. Purpose
2.1 The purpose of this Agreement is for the CONSULTANT to provide monitoring services for debris
collection and sites, to coordinate and manage all disaster debris management activities, and to furnish
potential solutions to Lake County with regard to its debris management plan in accordance with applicable
regulations of the Federal Emergency Management Agency (FEMA),Federal Highway Administration
(FHWA), Florida Department of Transportation(FOOT), Florida Department of Health(FDH), Natural
Resources Conservation Services (NRCS), Lake County Water Authority (LCWA), and the Florida
Department of Environmental Protection(FDEP)in conjunction with the County's needs.
Article 3. Scone`of Professional Services
3.1 On the terms and conditions set forth in this Agreement, the COUNTY hereby engages the
CONSULTANT to perform the services set forth herein in Attachment A,known as the Scope of Services,
attached hereto and incorporated herein by reference. The CONSULTANT shall be governed by the Fee
Schedule set forth in Attachment B, attached hereto and incorporated herein by reference, unless such
schedule is amended by mutual,written agreement of each party's project manager.
3.2 This Agreement shall commence on the first calendar day of the month succeeding its approval by
the Board of County Commissioners,or designee,unless otherwise stipulated in the Notice of Award Letter
distributed by the COUNTY's Office of Procurement Services; and contingent upon the completion and
submittal of all required pre-award documents. The initial term shall be from the date of award through
January 31,2019,and then this Agreement will remain in effect until completion of the expressed and/or
implied warranty period. The CONSULTANT shall maintain, for the entirety of this Agreement,if any,
the same prices,terms,and conditions included within this Agreement. •
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3.3 The COUNTY shall have the option to renew this Agreement for two(2)additional one(1)year •
period(s). Prior to the completion of each exercised term of this contract, the CONSULTANT shall be
notified in writing of the COUNTY's intentto renew. At that time, the COUNTY may consider an
adjustment to price(.)based on changes as published by the U.S.Department of Labor,Bureau of Labor
Statistics(www.bls.Rov). It is the CONSULTANT's responsibility to request any pricing adjustment in
writing under this provision. The CONSULTANT's written request for adjustment'should be submitted at
least thirty(30)calendar days prior to expiration of the then current contract temt. The CONSULTANT's
adjustment request:must clearly'substantiate the requested increase. The written request for adjustment
should not be in excess of the relevant pricing index change.•If no adjustment request is received from the
CONSULTANT, the COUNTY will assume that the CONSULTANT has agreed.that the optional term
may be exercised without a pricing adjustment Any adjustment request received after the commencement
of a new option period shall not be considered.
The COUNTY reserves the right to reject any written price adjustments submitted by the CONSULTANT
and/or to not exercise any otherwise available option period based on such price adjustments. Continuation
of this Agreement beyond the initial period, and.any option subsequently exercised, is a COUNTY
prerogative, and not a right of the CONSULTANT. This prerogative will be exercised only when such
continuation is clearly in the best interest of the COUNTY.
3.4 The CONSULTANT shall coordinate and work with any other consultants retained by the
COUNTY. The.CONSULTANT acknowledges that nothing'herein shall be deemed to preclude the •
COUNTY froth retaining the services of other persons or entities undertaking the same or similar services
as those Undertaken by the CONSULTANT or from independently developing or acquiring materials or
programa that are similar to,or competitive with,the services provided under this Agreement. .
3.5 The CONSULTANT shall not enter upon private property for any purpose without obtaining
permission and shall be responsible far the preservation of all'public and private property, along and
adjacent to the work site and shill use every precaution necessary to prevent damaBe or injury thereto.
When or where any direct or indirect damage or injury is done to public of private property by or on account
of the work hereunder,min consequence of the non-execution thereof on the part of the CONSULTANT,
the CONSULTANT shall restore,at its own expense,such property to a condition similar or equal to that
existing before such damage or injury was done. Jf the CONSULTANT fails to restore such damaged or
injuied property,the COUNTY may make such repairs as are necessary and deduct the cost of such repairs
from the contract balance.
Article 4. Payment
4.1 Payment shall be made in accordance with the Fee Schedule as attached in Attachment B. This is
an indefinite quantity contract with no guarantee services will be required. There is no guaranteed minimum
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or maximum dollar amount or volume to be expended. A copy of the COUNTY's Purchasing Policy and
Procedures shall be made available to the CONSULTANT upon request.
4.2 The CONSULTANT shall submit monthly invoices by the tenth(10th)calendar day of each month.
These invoices shall be submitted to the COUNTY.user department(s)that requested the service through a
purchase order.The invoiced shall be itemized and reflect the type of service provided to the COUNTY in
the prior month: •
43 . The COUNTY shall make payment on all invoices in accordance with the Florida Prompt Payment
Act,sections 218.70 through 218.79,Florida'Statutes.
4.4 Otherthan the common expenses,travel expenses,administrative and technical support expenses
and computer expenses,if any,shall be paid as set forth in Attachment B,attached hereto and incorporated
herein by reference. The CONSULTANT shall not be entitled to payment for any expenses,fees,or other
costs it may incur at any time and in any connection with its performance hereunder.
4.5 In the event a specific project is to be funded by federal,state, or other local agency monies, the
CONSULTANT hereby agrees to comply with all requirements of the funding entity applicable to the use
of the monies,including receiving no payment until all required forms are completed and submitted. A
copy of the requirements shall be supplied to the CONSULTANT by the COUNTY.
Article 5. County Responsibilities
5.1 The COUNTY shall promptly review the deliverables and other materials submitted by the
CONSULTANT and provide direction to the CONSULTANT as needed. The COUNTY shall designate
one County staff member to act as COUNTY's Project Coordinator.
5.2 The COUNTY shall reimburse CONSULTANT, in accordance with the Fee Schedule listed in
Article 4 above for required services timely submitted and approved and accepted by COUNTY in
accordance with the terms of this Agreement.
53 The COUNTY will provide to the CONSULTANT all necessary and available data,photos and
documents the COUNTY possesseathat would be useful to the CONSULTANT in the completion of the
required services.
Article 6. Consultant's Responsibilities
6.1 The CONSULTANT shall perform the work described in the Scope of Services and the Scope of
Work,attached and incorporated by reference herein as Attachment A.
6.2 The CONSULTANT shall assign the project personnel proposed in its submittal to the COUNTY's
Request for Proposals(RFP)to fulfill this Scope of Services unless the COUNTY agrees to substitutions.
63 The CONSULTANT shallcoordinate and lead all meetings necessary to accomplish Scope of
Services. Preparation of all agendas;advertising,meeting minutes and sign-in sheets es necessary.
6.4 The CONSULTANT shall manage all sub-consultants to fulfill this Scope of Services.
6.5 The CONSULTANT shall provide all deliverables in format(s)as specified by the COUNTY.
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6.6 The CONSULTANT shall
provide any requested progress or status reports necessary for grant
administration.
Article 7. Special Terms and Conditions
7.1 Oualifications. All firms or individuals will be registered with the State of Florida and have
obtained at least the minimum thresholds of education and professional experience required by the statutes
to perform the work required under this Agreement.
7.2 Termination. The COUNTY reserves the right to terminate this contract in part,or in whole,or
affect other appropriate remedy in the event the CONSULTANT fails to perform in accordance with the
terms:and conditions stated herein. The COUNTY further reserves the right to suspend or debar the
CONSULTANT in accordance with County ordinances, resolutions, and/or administrative orders. The
CONSULTANT will be notified by a written letter of the COUNTY'S intent to terminate with a fifteen(15)
days'notice and an appropriate time period to cure any such breach: In the event of termination for default,
the COUNTY may procure the required goods and/or services from any source and use any method deemed
in its best interest.
A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon
the request and for the convenience of the COUNTY,with the.required advance written notice, the
COUNTY shall reimburse the CONSULTANT for actual work satisfactorily completed.
B. Termination for Cause. Termination by COUNTY for cause,default,or negligence on the
part of the CONSULTANT shall be excluded from the foregoing provision:.Termination costa,if any,shall
not apply. The advance notice requirement is waived in the event of termination for cause.
C. Termination Due to Unavailability of Funds in Succeeding Fisosl years. When finds are
not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal
year, this Agreement shall be canceled and the CONSULTANT shall be reimbursed for the reasonable
value of any non-recurring costs incurred but not amortized in the price of the supplies or services/Tasks
delivered under this Agreement
7.3 Subletting of Contract, This Agreement shall not be sublet except with the written consent of the
COUNTY's Procurement Services Director. No such consent shall beconstrued as melting the COUNTY
a party to the subcontract or subjecting the COUNTY to liability of any kind to any subcontractor. No
subcontract shall under any circumstances relieve the CONSULTANT of liability and obligations under
this Agreement and all transactions with the COUNTY must be through the CONSULTANT.
7.4 Indemnity. The CONSULTANT agrees for good and valuable consideration in the amount of ten
dollars ($10.00) to indemnify and hold harmless the COUNTY; and its officers and employees, from
liabilities,damages,losses,and costs,including,but not limited to,reasonable attorneys'fees,to the extent
caused by the negligence,recklessness,or intentionally wrongful conduct of the CONSULTANT and other
persons employed or utilized by the professional in the performance of the contract.
7.5 Independent Contractor The CONSULTANT agrees that it shall be acting as an independent
contractor and shall not be considered or deemed to lie an agent,'employee,joint venturer,or partner of the
COUNTY. The CONSULTANT shall have no authority to contract for or bind the COUNTY in any
manner and shall not represent itself as an igent of the COUNTY or as otherwise authorized to act for or
on behalf of the COUNTY. Additionally,the CONSULTANT warrants'that it has not employed or retained
any company or person,other than a bona fide employee;working solely for the CONSULTANT to solicit
or secure this Agreement and that it has not paid or agreed to
PRY any person, company, corporation,
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individual, or firm other than a bona fide employee working solely for the CONSULTANT any fee,
commission,percentage,gift,or other consideration contingent upon or resulting from the award or making
of this Agreement.
7.6 Ownership of Deliverables, The CONSULTANT agrees all Tasks and/or deliverables under this
Agreement, and other data generated or developed by the CONSULTANT under.this Agreement or
furnished by the COUNTY to the CONSULTANT shall be and remain the property of the COUNTY,
including any applicable copyrights. The CONSULTANT shall perform any acts that may be deemed
necessary or desirable by the COUNTY to evidence more fully transfer of ownership of all Taster and/or
deliverables to the COUNTY. Additionally,the CONSULTANT hereby represents and warrants that it has
full right and authority to perform its obligations specified in this Agreement
7.7 Return of Materials. Upon the request of the COUNTY,but in any event upon termination of this
Agreement,the CONSULTANT shall surrender to the COUNTY all memoranda,notes,records,drawings,
manuals,computer software, and other documents or materials pertaining to the services hereunder, that
were furnished to the CONSULTANT by the COUNTY pursuant to this Agreement
7.8 NO CLAIM FOR DAMAGES bit ANY CLAIM OTHER THAN FOR AN EXTENSION OF
TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OFI ANY DELAYS.
No interruption,interference, inefficiency, suspension or delay in the commencement or progress of the
work shall relieve the CONSULTANT of his duty to perform or give rise to any right to damages or
additional compensation from the COUNTY. The CONSULTANT expressly acknowledges and agrees
that the CONSULTANT shall receive no damages for delay. However,this provision shall not preclude
recovery or damages by the CONSULTANT for hindrances or delays due solely to fraud,bad faith or active
interfererice on the part of the COUNTY. Otherwise,CONSULTANT shall be entitled to extensions of the
Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the
extent specifically provided above. Should the CONSULTANT be.obstructed or delayed in the prosecution
of or completion of the work as a result of unforeseeable causes beyond the control of the CONSULTANT,
the CONSULTANT shall notify the COUNTY in writing within two (2) regular work days after the
commencement of such delay,stating the cause or causes thereof,or be deemed to have waived any right
which the CONSULTANT may have had to request a time extension.
7.9 .Retaining Other Consultants. Nothing herein shall be deemed to preclude the COUNTY from
retaining the services of other persons or entities undertaking the same or similar services as those
undertaken by the CONSULTANT or from independently developing or acquiring materials or programs
that are similar to,or competitive with,the services provided under this Agreement.
7.10 Accuracy The CONSULTANT is responsible for the professional quality, technical accuracy,
timely completion and coordination of all the services finished hereunder. The CONSULTANT shall,
without additional compensation,correct or revise any errors,omissions or other deficiencies in its designs,
drawings,reports or other services.
7.11 Codes and Regulations. All work completed under this Agreement shall conform to all applicable
federal,state and local statutes,codes,regulations and ordinances.
7.12 Truth in Negotiation Certificate. For all lump-sum or cost-plus fixed fee contracts exceeding One
Hundred Ninety Five Thousand dollars($195,000.00),the firm awarded the contract must execute a truth
in negotiation certificate stating that the wage rates and other factual unit costs are accurate,complete and
current,at the time of contracting. Any contractrequiring this certificate shall contain a provision that the
original contract price and any:additions shall be adjusted to exclude any significant sums by which the
COUNTY determines the contract price was increased due to inaccurate,incomplete,or non-current wage
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rates and other factual unit costs. All such contract adjustments shall be made within one(1)year following
the end of the contract. By executing this Agreement,the CONSULTANT has executed this certificate.
7.13 public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list
following a conviction of a public entity crime may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold
amount provided in Florida Statutes, section 287.017 for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list.
7.14 Prohibition Against Contingent Fees The CONSULTANT warrants that they have not employed
or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,
to solicit or secure this Agreement, end that they have not paid or agreed to pay any person, company,
corporation,individual,or firm,other than a bona fide employee working solely for the CONSULTANT
any fee,commission;percentage,gift or other consideration contingent upon or resulting from the award
or making of this Agreement.
7.15 Right to Audit The County reserves the right to require the CONSULTANT to submit to an audit
by any auditor of the COUNTY'S choosing. The CONSULTANT shall provide access to all of its records,
which relate directly or indirectly to this Agreement at its place of business during regular business hours.
The CONSULTANT shall retain all records pertaining to this_Agreement and upon request make them
available to the COUNTY for three'(3)years following expiration of the Agreement. The CONSULTANT
agrees to provide such assistance as may be necessary to facilitate the review or audit by the COUNTY to
ensure compliance with applicable accounting and financial standards.
7.16 public Records/Copyrights.
A. All electronic files,audio and/or video recordings,and all papers pertaining to any activity
performed by the CONSULTANT for or on behalf of the COUNTY shall be the property of the COUNTY
and will be turned over to the COUNTY upon request. In accordance with Chapter 119,Florida Statutes,
each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public
records available for inspection by any person even if the file or paper resides in the CONSULTANT's
office or fhcility. The CONSULTANT shall maintain the files and papers for not less than five(5)complete
calendar years eller the Project has been completed or terminated, or in accordance with any grant
requirements, whichever is longer. Prior to the close out of this Agreement, the CONSULTANT shall
appoint a records custodian to handle any records request and provide the custodian's name and telephone
number(s)to the Contracting Officer.
B. Any copyright derived from this Agreement shall belong to the author. The author and the
CONSULTANT shall expressly assign to the COUNTY nonexclusive,royalty flee rights to use any and all
information provided by the CONSULTANT in any deliverable and/or report for the COUNTY's use which
may include publishing in the COUNTY documents and distribution as the COUNTY deems to be in the
COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY to use
the information,the deliverable shall be considered defective and not acceptable and the CONSULTANT
will not be eligible for any compensation.
C. Pursuant to Section 119.0701,Florida Statutes,the CONSULTANT shall comply with the
Florida Public Records'laws,and shall:
1. Keep and maintain public records required by the COUNTY to perforin the services
identified herein.
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III
2. Upon request from the COUNTY's custodian of public records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosedexcept as authorized by law for the duration of the
contract term and following completion of the contract if the CONSULTANT does not transfer the
records to COUNTY.
4. Upon completion of the contract,transfer,at no cost,to the COUNTY all public records in
possession of the CONSULTANT or keep and maintain public records required by the COUNTY
to perform the service. If the CONSULTANT transfers all public records to the COUNTY upon
completion of the contract,the CONSULTANT shall destroy any duplicate public records that are •
exempt or confidential and exempt from public records disclosure requirements. If the
CONSULTANT keeps and maintains public records upon completion of the contract, the
CONSULTANT.shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the COUNTY, upon request from the COUNTY's
custodian of public records,in a format that is compatible with the information technology systems
of the COUNTY.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF. CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT, LAKE COUNTY.PROCUREMENT SERVICES, 352-343-
9839, 315 W. MAIN • STREET, TAVARES, FLORIDA 32778,
dvillinis®lakecountyfl.gov.
7.17 Insurance. The CONSULTANT shall provide and maintain at all times during the term of this
Agreement,without cost or expense to the COUNTY,policies of insurance,with a company or companies
authorized to do business m the State of Florida, and which are acceptable to the COUNTY, insuring
CONSULTANT against any and all claims,demands or causes of action whatsoever,for injuries received
or damage.to property relating to the performance of duties, services and/or obligations of the
CONSULTANT under the terms and provisions of this Agreement. The CONSULTANT is responsible
for timely provision'of certificates) of insurance to the.COUNTY.at the certificate holder address
evidencing conformance with the requirements under this Agreement at all times throughout the term of
the Agreement.
Such policies of insurance, and confirming certificates of insurance, shall insure the CONSULTANT in
accordance with the following minimum limits:
General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form
Commercial General Liability policy(CO 00 01)of the Insurance Services Office or equivalent without
restrictive endorsements,with the following minimum limits and coverage:
Each Occurrence/General Aggregate $1,000,000/2,000,000
Products-Completed Operations $2,000,000
Personal&Adv.Injury $1,000,000
Fire Damage $50,000
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Medical Expense $5,000
Contractual Liability Included
Automobile liability insurance,including owned,non-owned,and hired autos with the following minimum
limits and coverage:
Combined Single Limit $1,000,000
Workers'compensation insurance based on proper reporting of classification codes and payroll amounts in
accordance with Chapter 440, Florida Statutes,.and/or any other applicable law requiring workers'
compensation(Federal,maritime,etc). If not required by law to maintain workers compensation insurance,
the CONSULTANT must provide a notarized statement that if he or she is injured;he or she will not hold
the COUNTY responsible for any payment or compensation. •
Employers Liability insurance with the following minimum limits and coverage:
Each Accident $1,000,000
Disease-Each Employee $1,000,000
Disease-Policy Limit $1,000,000
Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant,
environmental, pollution,'errors and omissions, etc.) insurance as applicable, with minimum limits of
$1,000,000 end annual aggregate of$2,000,000.
Lake County,a Political Subdivision of the State of Florida,and the Board of County Commissioners,shall
be named as additional insured as their interest may appear on all applicable liability insurance policies.
The certificate(s)of insurance shall provide for a minimum of thirty(30)days prior written notice to the
COUNTY of any change,cancellation;or nonrenewal of the provided insurance. It is the CONSULTANT's
specific responsibility to ensure that'any such notice is provided within the stated timeframe to the
certificate holder:
If it is not possible for the CONSULTANT to certify compliance,on the certificate of insurance,with all
of the above. requirements, then the CONSULTANT is required to provide a copy of the actual policy
endorsement(s)providing the required coverage and notification provisions.
Certificate(s)'of insurance shall identify the applicable solicitation number in the Description of Operations
section of the Certificate.
Certificate holder shall be:
LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,AND
THE BOARD OF COUNTY COMMISSIONERS.
P.O.BOX 7800
TAVARES,FL 32778-7800
Certificates of insurance shall evidence a waiver of subrogation in favor of the COUNTY, that coverage
shall be primary and noncontributory, and that each evidenced policy includes a gross Liability or
Severability of Interests provision,with no requirement of premium payment by the COUNTY.
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The CONSULTANT shall be responsible for subconsultants and their insurance. Subconsultants are to
provide certificates of insurance to the CONSULTANT evidencing coverage and terms in accordance with
the CONSULTANT's requirements.
All self-insured retentions shall appear on the certificate(s)and shall be subject to approval by the COUNTY.
At the option of the COUNTY, the insurer shall reduce or eliminate,such self-insured retentions or the
CONSULTANT or subcdnsultant shall be required to procure a bond guaranteeing payment of losses and
related claims expenses.
The COUNTY shall be exempt from,and in no way liable for,any sums of money,which may represent a
deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured
retention shall be the sole responsibility of the CONSULTANT and/or subconsultant providing such
insurance.
Faihue to obtain and maintain such insurance as set out above will be considered a breach of contract and
may result in termination of this Agreement for default.
Neither approval by the COUNTY of any insurance supplied by the CONSULTANT or Subconsultant(s),
nor a failure to disapprove that insurance, shall relieve the CONSULTANT or Subconsultant(s) of full
responsibility for liability;damages,and accidents as set forth herein.
7.18 Federal and/or State Clauses.Terms,and Conditions
A. Use of the Federal E-Verify System
The CONSULTANT shall utilize the U.S. Department of Homeland Security's &Verify system in
accordance with the terms governing use of the system to confirm the employment eligibility of
1. All persons employed by the vendor during the term of the contract 63 perform
employment duties within Lake County;and
2. All persons,including subcontractors,assigned by the vendor to perform work pursuant
to the contract.
B. Employment of State Resident
The CONSULTANT shall,give preference to the employment of state residents in the performance of the
work on the project if state residents have substantially equal qualifications to those of nonresidents. The
term"substantially equal qualifications"refers to a situation wherein the CONSULTANT cannot make a
reasonable determination that the qualifications held by one person are better than the qualifications of
another person. The CONSULTANT must contact the Department of Economic Opportunity to post its
employment needs in the state's job bank system. However,in work involving the expenditure of federal
aid funds,this section may not be enforced in such a manner as to conflict with or be contrary to federal
law prescribing a labor preference to honorably discharged soldiers,sailors,or marines,or prohibiting as
unlawful any other preference or discrimination among the citizens of the United States.
C. Indemnification:
The CONSULTANT shall indemnify,defend,save and hold harmless the State of Florida,Department of
Transportation and all of its officers, agents, or employees from all suits, actions, claims, demands,
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•
liability of any nature whatsoever arising out of;because of,or due to any negligent act or occurrence of
omission or commission of the CONSULTANT,its officers,agents or employees.
7.19 Conflict of Interest. The CONSULTANT hereby certifies that no officer,agent,or employee of
the COUNTY has any material interest, as defined in Chapter 112, Florida Statutes, either directly or
indirectly in the CONSULTANT as a business entity,and that no such person shall have any such interest
at any time_during the term of this Agreement unless approved in writing by the COUNTY upon
consultation with its attorney.
7.20 Key Personnel. The CONSULTANT that each
agrees person listed or referenced in the
qualifications package shall be available to perform the services described herein for the COUNTY barring
illness,accident,or other unforeseeable'events of a similar nature in which case the CONSULTANT must
be able to promptly provide a qualified replacement. In the event the CONSULTANT desires to substitute
personnel, the CONSULTANT shall propose a person with equal or higher qualifications and each
replacement person is subject to prior written approval of the COUNTY. In the event the requested
substitute is not satisfactory to the COUNTY and the matter cannot be resolved to the satisfaction of the
COUNTY,the COUNTY reserves the right to terminate this Agreement.
7.21 Grant Funding. In the event any part of this Agn,ement is to be fbnded by federal,state,or other
local agency monies,the CONSULTANT hereby agrees to comply with all requirements of the funding
entity applicable to the use of the monies,including full application of requirements involving the use of
minority firms, women's business enterprises, and labor surplus-area firms. The CONSULTANT shall
furthermore comply with all required Federal provisions for Emergency Relief Program Debris Monitoring
Agreements, attached and incorporated by reference herein as Attachment C. Payments under this
Agreement may be withheld pending completion and submission of all required forms and documents
required of the CONSULTANT pursuant to the grant funding requirements.
7.22 Tobacco Products Due to the acknowledged hazards arising from exposure to tobacco products,
and to protect the public and employees'health,safety,comfort and environment,tobacco use is prohibited
on any COUNTY owned building and property. Tobacco products include both smoking and smokeless
tobacco.
7.23 Certificate of Competency/Licensute.P s 'Is,and Fees. The CONSULTANT shall,at all times
during the tenn of this Agreement,hold a valid Certificate of Competency or appropriate current license
issued by the State or County Examining Board querying all persons,firms,corporations or joint ventures
performing the work described herein. If work for other trades is required in conjunction with this
Agreement and will be performed by a sub-contractor(s)or vendor(s)hired by the CONSULTANT, an
applicable Certificate of Competency/license issued to the sub-contractor(s)/hired vendor(s) shall be
submitted by the CONSULTANT to the COUNTY prior to beginning the'relevant work; provided,
however,that the COUNTY may at its option and in its best interest allow the CONSULTANT to supply
the subcontractor(s)/hired vendor(s)certificate/license to the:COUNTY during the pendency of the work
being performed. The CONSULTANT is responsible to ensure that all requited licenses,permits,and fees
(to include any inspection fees)required for this Project are obtained and paid for,and shall comply with
all°laws, ordinances, regulations, and building or other code requirements applicable to the work
contemplated herein. Damages,penalties,and/or fines imposed on the COUNTY or the CONSULTANT
for failure to obtain required licenses,permits,inspection or other fees,or inspections shall be borne by the
CONSULTANT.
7.24 Protection of Property. All existing structures, utilities, services, roads, trees, shrubbery, and
property in which the COUNTY has an interest shall be protected against damage or interrupted services at
all times by the vendor during the term of this Agreement,and the CONSULTANT shall be held responsible
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for repairing or replacing property to the satisfaction of the COUNTY which is damaged by reason of the
CONSULTANT's operation on the property. In the event the CONSULTANT fails to comply with these
requirements,the COUNTY reserves the right to secure the required services and charge the costs of such
services back to the vendor.
7.25 Omission from the pecifications, The apparent silence of this specification and any addendum
regarding any details,or the omission from the specification of a detailed description concerning any
point,shall be regarded as meaning that only the best commercial practices are to prevail,and that only
materials and workmanship of first quality are to be used. All interpretations of this specification shall be
made upon the basis of this agreement.
7.26 On Site Project Manager. The CONSULTANT shall appoint a specific project manager for the
overall coordination and communication with the COUNTY. If the assigned project manager cannot be
located on-site at all times,the CONSULTANT will assign a competent on-site operations manager who
shall remain on the jobsite at all times during the progress of the work. The term"competent"includes
the ability to clearly communicate,orally and in writing,in English. The on-site manager shall be the
primary representative under this Agreement for the CONSULTANT.;All authorized communications
given to the on-site manager by the COUNTY,and all contract-related decisions made by the on-site
manager,shall be binding to the CONSULTANT. The on-site manager shall be considered to be,at all
times,an employee of the CONSULTANT under its sole direction and not an employee or agent of the
COUNTY.
7.27 Other Entities, It is hereby agreed and understood that, with the consent of the CONSULTANT,
other agencies may utilize this Agreement. Such requests for service shall be governed by the same terms
and conditions as stated herein with the exception of the change in agency name and that other agencies
that"piggy-back"this Agreement shall be invoiced directly.
7.28 Boccie, Notice Regarding Federal and/or State Requirements. This purchase action is being
supported in whole or in part by Federal and/or State funding. Therefore, this Agreement includes
provisions related to various specific federal and/or state requirements. All such clauses shall be considered
and treated as "lowdown",clauses that shall be considered applicable to any prime contract and any
subcontract associated with performance under this Agreement. Detailed review of all terms and conditions
included in this Agreement is strongly encouraged to ensure that full compliance with all contractual
requirements is considered throughout performance under this Agreement at prime contractor and
subcontractor levels.
7.29. Toxic Substances/Federal"Right To Know"Regulations The Federal"Right to Know"Regulation
implemented by the Occupational Safety and Health Administration(OSHA) and the Florida "Right-to-
Know"Law requires employers to inform their employees of any toxic substances to which they may be
exposed in the workplace,and to provide training in safe handling practices and emergency procedures. It
also requires notification to local fire departments of the location and characteristics of all toxic substances
regularly present in the workplace.
Accordingly, the CONSULTANT shall be required to provide two (2) complete sets of Material Safety
Data Sheets to each User Department utilizing the awarded products. This information should be provided
at the time when the initial delivery is made,on a department-by-department basis. Any tinie the content
of an MSDS is revised,the CONSULTANT shall promptly provide a new MSDS to the COUNTY which
includes the new information relevant to the specific material.
7.30 Training. Upon request, the CONSULTANT shall provide an intensive training program to
COUNTY personnel regarding the services supplied by the fru in conjunction with this Agreement. The
CONSULTANT shall bear all costs of registration fees and manuals and texts, or other instructional
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materials associated with the required training.
Article 8. Miscellaneous Provisions
8.1 This Agreement is made under,and in all respects shall be interpreted,construed,and governed by
and in accordance with,the laws of the State of Florida. Venue for any legal action resulting from this
Agreement shall lie in-Lake County,Florida
8.2 Neitherparty may assign any rights or obligations under this Agreement to any other party unless
specific written permission from the other.party is obtained.
8.3 The captions utilized in this Agreement are for the purposes of identification only and do not control
or affect the meaning or const ruction-of any of the provisions hereof.
8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of
their respective successors and permitted assigns.
8.5 This Agreement may not,be amended,released, discharged,rescinded or abandoned,except by a
written instrument duly executed by each of the parties hereto.
8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will
in no.way constitute or be construed as a waiver of such provision'or of any other provision hereon nor in
any way affect the validity,of;or the right thereafher'to enforce,'each and every provision of this Agreement.
8.7 During the,term of this Agreement the CONSULTANT assures the COUNTY that it is in
compliance with Title VII of the 1964 Civil Rights Act,as amended,and the Florida Civil Rights Act of
1992, in that CONSULTANT does not on the grounds of race, color,national origin, religion, sex,age,
disability or marital status, discriminate in any form or manner against CONSULTANT employees or
applicants for. employment The CONSULTANT understands and agrees that this Agreement is
conditioned upon the veracity,of this statement of assurance.
8.8 The CONSULTANT shall at all times comply with all Federal, State and local laws, rules and
regulations.
8.9 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in allrespects as if such invalid or
unenforceable provisions were omitted.
8.10 Wherever provision is made in this Agreement for the giving,service or delivery of any notice,
statement or other instrument,such notice shall be in writing and shall be deemed to have been duly given,
served aid'delivered,if delivered by hand or mailed by United States registered or certified mail or sent by
facsimile,.addressed as follows:
If to CONSULTANT: If to COUNTY:
Jonathan Burgiel,Viae President County Manager
2301 Lucien Way,Ste. 120 Lake County Administration Bldg.
Maitland,Florida 32751 Post Office Box 7800
Tavares,Florida 32778-7800
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Bach party hereto may change its mailing address by giving to the other party hereto,by hand delivery,
United States registered of certified mail notice of election to change such address.
Article 9. Scone of Aereement
9.1 / . This Agreement is intended by the parties hereto to be the final expression of their Agreement,and
it constitutes'the full and'entire'understanding between the parties with respect to the subject hereof,
notwithstanding any representations,statements,or agreements to the contrary heretofore made.
9.2 This Agreement contains the following Attachments:
Attachment A Scope of Services
Attachment B Fee Schedules
Attachment C Required 'Federal provisions for Emergency Relief Program Debris
Monitoring Agreements
(The remainder of this page intentionally left blank)
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StDOCIJMRN7\20161PROCUa&.18NI116-0617 Master and Debit Removal Mang and Mmawmg'RFP 16-0617 Diaster Debts Removal
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Agreement between Lake County,Florida and Tetra Tech,Inc.,for Dinner Debris Removal and
Monitoring;RFP#16-0671
IN WITNESS WHEREOF,the parties hereto have made and accented this Agreement on the
respective dates under each signature:COUNTY through its Board of County Commbsiaaaa,aping by
and through its Chair and by CONSULTANT through ite duly authorized representative.
CONSULTANT
Jonathan B Vice ' ;
Tetra Tech,7
License i OB61&AA26002441
This i' ' .y of 1-1A..Nc ,2016.
COUNTY
ATTEST: Lake County,
MZ•frei
N Kelly, - Sean M.Parks,Chairman
of Lake County,Florida day of 94.-, ,2016
Approved as to m ofmand legality:
Meanie Marls14 unty Attorney
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ATTACHMENT A
SCOPE OF SERVICES
The purpose of this Agreement is to retain a qualified consultant to provide monitoring services for debris
collection and debris management sites;to coordinate and manage all disaster debris management activities,
and to furnish potential solutions to Lake County with regard to its debris management plan in accordance
with applicable regulations of the Federal Emergency Management Agency (FEMA), Federal Highway
Administration(FHWA), Florida Department of Transportation (FDOT), Florida Department of Health
(FDH),Natural Resources Conservation Services (NRCS),Lake County Water Authority(LCWA),and
the Florida Department of Environmental Protection(PDIW)in conjunction with the County's needs.
To the best of its abilities,the CONSULTANT shall be cognizant of, and ensure that the most current
Federal,state,and local regulations and requirements are being followed in the performance of work under
the contract.
This is an indefinite quantity contract with no guarantee services will be required. There is no guaranteed •
minimum or maximum dollar amount or volume to be expended on any contract(s) resulting from this
solicitation.
The CONSULTANT shall be responsible for-the overall monitoring of debris removal and collection.
This includes nionitoting'the progress of debris removal contractor(s) and recovery contractor(s); and
suggesting/implementing recommendations to improve efficiency and to speed up recovery work. The
CONSULTANT may also be involved in the selection of debris hauler(s). The CONSULTANT shall
coordinate with the disaster debris contractor to devise a collection routing plan that insures a well-
managed,organized approach to debris collection The CONSULTANT shall also recommend the routing
plan for approval by the COUNTY;only COUNTY township maps will be used for all debris planning and
logistics. Depending on the impact of events in Lake County,the consultant may be required to provide
trained and qualified individuals for Planning,Logistics,Recovery and Operations Sections in the County
Emergency Operations Center and select Emergency Support Function staff
Deployment
The CONSULTANT must be prepared to deploy debris monitors within twenty-four (24) hours of the
notice to proceed issued by the COUNTY. When additional debris monitoring is needed to meet
requirements of the monitoring contract, consultant shall be prepared to increase the number of debris
monitors for the COUNTY to use as needed.
Pre-Event Requirements
Services to be provided by the CONSULTANT pm-event,include but arc not limited to:
• Provide assistance in preparation for disasters through participation in meetings and workshops,
and the establishment of data management and other integrated systems.
• Provide full-time COUNTY personnel with a half-day debris management training session. The
training program must,at a minimum,meet the training requirement for debris monitors as outlined
by current FEMA debris management guidance.
• Participate in annual workshops or planning meetings with COUNTY representative(s)and debris
hauling and disposal conuactor(s)to establish/review applicable policies and procedures.
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Post-Event Requirements
Services to be provided by the CONSULTANT post-event,include but are not limited to:
• Assist with load inspections for disaster debris cleanup being performed by one or more debris
hauling and disposal contractors or COUNTY agencies.
▪ Supply sufficient number of trained debris monitors and trained field supervisors to accommodate
the volume of debris to be removed at loading sites and debris management sites or final disposal
sites.
• Supply one field supervisor to oversee no more than ten(10)loading and tower/site debris monitors.
• Remove and replace employees immediately upon notice from the COUNTY Project Manager for
conduct or actions not in keeping with this contract.
• An independent temporary field office for the monitoring staff shall be provided by the consultant.
The office shall include telephone, computer,copier and fax. Designated parking spaces at the
office location for the monitoring staff shall be required. All COUNTY patting spaces arc
reserved for COUNTY personnel only.
Personnel Requirements and Responsibilities
On-Site Project Manager
The CONSULTANT shall appoint a specific project manager for the overall coordination and
communication with the COUNTY: If the assigned project manager cannot be located on-site at all times,
the CONSULTANT will assign a competent on-site operations manager who shell remain on the jobsite at
all times during the progress of the work. The term "competent" includes the ability to clearly
communicate, orally and in writing,in English. The on-site manager shall be the primary representative
under this Agreement for the CONSULTANT: All authorized communications given to the on-site
manager by the COUNTY,and all contract-related decisions made by the on-site manager,shall be binding
to the CONSULTANT. The on-site manager shall be considered to be, at all times, an employee of the
CONSULTANT under its sole direction and not an employee or agent of the COUNTY.
Examples of project management/process oversight tasks to be provided under this Agreement include but
are not limited to:
• Assist the COUNTY with permit applications and coordination with environmental agencies,
including the environmental permitting of the Debris Management Sites and/or the Temporary
Debris Management Sites.
• Assist the COUNTY with any required pre-or post-groundwater sampling.
• Monitor contractors' compliance to permit requirements and address any noncompliance
issues.
• Review and validate debris removal contractor invoices prior to submission to the COUNTY.
• Coordinating'daily briefings,work progress,staff,and other key items with the COUNTY.
• Assisting with scheduling, dispatching, and logistical operations of the field inspectors
assigned to work areas of disaster debris clean-up.
• Hiring,training,deploying and supervising inspectors.
• Establishing daily schedules for ttie inspectors.
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• Monitoring and recording the measurement(cubic yards)of each vehicle in service.
• Determining vehicle monitoring assignments'and providing the necessary vehicle decals for
debris collection vehicles for identification and tracking purposes: Decals shall be large enough
to accommodate a minimum of four inch (4") high letters and shall be placed in a visible
location for tower monitoring.
• Tracking and coordinating with COUNTY personnel to respond to problems in the field,
including citizen complaints,related to commercial and/or residential property damage claims
as a result of debris removal. '
• Conducting end of day duties and verifying all vehicles have left the disposal site at the
specified time established by the COUNTY.
• Record the streets and locations where debris was collected. Maps shall be posted daily in a
central location at the COUNTY and updated by 10:00 a.m.each business day of the progress
from the previous day(s)worked
• Schedule work for all team members and contractors on a daily basis.
• Scheduling and managing field staff.
• Conduct all safety inspections on a regular, predetermined and random basis. Ensure the
appropriate frequency of oversight is performed for all work crews,vehicles,and locations.
• Scheduling and conducting periodic meetings with field staff and contractors.
• • Monitor contract(s)for compliance by the debris removal contractor(s).
• Respond to and document issues concerning complaints, damages, accidents or incidents
involving debris contractors as a result of debris removal operations on both public and private
ProPerty
• Address any environmental concerns, including any violations of the FDEP's debris site
conditions guidelines;oversee operations to correct to the satisfaction of FDEP.
Debris Monitoring Field Supervisor
The CONSULTANT will provide one (1)Debris Monitoring Field Supervisor for no more than ten(10)
debris loading site debris monitors.
Services to be performed by the Debris Monitoring Field Supervisor(s)include,but are not limited to:
• Overseeing and supervising loading site and disposal site debris monitoring activities
• Scheduling debris monitoring resources and deployment timing
• Communicating and coordinating with COUNTY personnel
• Providing suggestions to improve the efficiency of collection and removal of debris
• Coordinating daily activities and future planning
•_ Remaining in contact with debris management/dispatch center or supervisor
• Identifying,addressing,and troubleshooting any questions or problems that could affect work
area safety and eligibility
• Supervising the accurate measurement of load hauling compartments and accurately computing
volume capacity in cubic yards(CY)
• Documenting and recording measurements and computations
• Documenting truck hauling compartment condition using digital photographs
• Preparing a master log book of all hauling equipment used by the COUNTY's debris removal
contractor(s)
• Compiling,reconciling,and documenting daily,in an electronic spreadsheet format,all eligible
debris hauled by the debris removal contractor(s)
Debris Monitors
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The CONSULTANT will provide trained debris monitoring personnel to oversee the loading of eligible
debris at collection sites and verification of load capacity and documentation at designated temporary debris
management or final disposal sites.
Specific services for each type of Debris Monitors include,but are not limited to the following:
Debris Loedine Site Monitors
Debris Loading Site Monitors will perform on-site,street-level debris monitoring at all contractor
loading sites to verify debris eligibility based on the monitoring contract's requirements and initiate
debris removal documentation using load tickets.
Debris Tower/Site Monitors
Debris Tower/Site Monitors will verify estimated quantities of eligible debris hauled by contractor
trucks and documented on load tickets.
Services include,but are not limited to:
• Providing trained debris monitoring personnel to accurately, measure load hauling
compartments and accurately computevolunie capacity in CY for all contractor trucks and
trailers prior to commencement of debris hauling operations
• Documenting measurements and computations
• Completing record of contract haulers' cubic yardage and other rccordkeeping as needed
on the load ticket
• Initialing each load ticket before permitting trucks to proceed from the check-in area to the
tipping area
• Remaining in regularcontact with debris management/dispatch center or field supervisor
• Performing other duties as directed by the dispatch/staging operation,debris management
• project manager,or other designated personnel
Clerical/Data Entry Supervisor -
CONSULTANT will provide a clerical/data entry supervisor to coordinate data entry and information
management system.
Services include,but are not limited to:
• Supervising the preparation of detailed estimates and submitting them to the COUNTY debris
manager
• 'Implementing and maintaining a disaster debris management system linking the load ticket and
debris management site information, including reconciliation and photographic documentation
Proteases
• Providing daily,weeldy,or other periodic reports for the COUNTY Project Manager noting work
progress and 'efficiency, 'current/revised estimates, project completion, and other schedule
forecasts/updates
Clerical Sta /Hata Entry Clerk
CONSULTANT will provide clerical gtafUdate entry clerk(e)as required to enter load ticket information
into'the contractor's information management systems end to respond to specific directions from the data
entry supervisor.
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Collection Monitoring
In order to obtain FEMA or FHWA reimbursement,all loads must be monitored in the field by collection
monitors. The CONSULTANT shall establish an accurate and complete load ticket process and provide I,
collection monitors-staff to record required FEMA or FHWA data. The CONSULTANT shall train
collection monitors to assure proper FEMA or FHWA documentation protocol requirements are instituted
and followed,
'The CONSULTANT shall provide a field quality control team consisting of one monitor per recovery crew
and at least one field supervisor for every seven monitors unless otherwise approved by the County. Should
the CONSULTANT wish to utilize less than the specified field staffing,a detailed plan should be submitted
to the COUNTY for review. This plan should outline areas for such a reduction of staff as well as a
description of how recovery crews shall be monitored to meet FEMA or FHWA guidelines and provide
adequate fraud protection for the COUNTY. Upon submission of this plan,the COUNTY will review the
plan with FEMA or FHWA and provide an approval or denial of this request. This team will monitor the
recovery contracts for contract compliance,efficiency and regulatory compliance.The team shall provide
daily feedback to the COUNTY through their management team. All field team members shall be equipped
with the state-of-the-art technology,which shall include cameras,computers,communication devices,and
other equipment as deemed necessary and/or appropriate.
Examples of collection monitoring tasks include but are not limited to:
1) Verification that all debris picked up is a direct result of the disaster.
2) :Verification that the contractor is working in their assigned contract areas.
3) Stopping work in progress that is not being performed or documented in the appropriate manner.
Such work should be noted for nonpayment. -
4) Inspecting work in progress to ensure that removal efforts include debris of the proper type in the
proper areas.
5) Ensuring compliance with contracts by all subcontractors.
6) Maintain all photo documentation of recovery work on a daily basis.All photos presented shall
show the description in detail of hanger,stumps and leaner removal.:The team shall photograph
every stump and leaner removed as well as a random sample of hanger removal activities.
7) Ensure that contractor is working in compliance with all federal, state, local safety regulations
appropriate for the task being performed.
Load Tickets Process Development
The CONSULTANT shall establish a load ticket process and forms to be provided to collection monitor •
staff for recording of FEMA or FHWA data. Load tickets should consist of multiple copied pages.The
CONSULTANT shall retain original completed tickets on behalf of the COUNTY. Additionally, the
CONSULTANT, vehicle driver,subcontractor, and the contractorshall also receive copies of completed
load tickets. Original tickets retained by the CONSULTANT on behalf of the COUNTY shall be turned
ova to the COUNTY upon completion of the Project
If the CONSULTANT wishes to use an automated load ticket or automated reporting system, the
CONSULTANT shall be responsible for verifying the system is acceptable by all Federal agencies involved
in the reimbursements,and for supplying all hardware and software needed for the system.
Load tickets shall include the following information,at a minimum
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a. Date
b. Time •
c. Designation of"Push",first pass,second pass and subsequent passes
d. Map Page(Debris Zone)Section Number
e. Complete Street Address of Closest Property
f. Nearest Cross Streets Type of Debris Vehicle number Percent of volume full
g. Driver name(printed)and signature
h. Field monitor's name(printed)and signature
i. Name of sub-contractor
j. Tower monitor's name(printed)and signature
Disposal Site Monitoring
All debris collected and disposed of and certification of collection vehicles must be monitored and
documented by the disposal site monitors.
The CONSULTANT shall provide disposal site monitors and spotters to observe unloading operation at the
COUNTY's designated disposal sites. A minimum of two disposal site monitors are required per debris
site. These staff members in conjunction with the project inanagement team shall coordinate the logistics
of the disposal Site to ensure efficient traffic flow and proper handling of load tickets that record FEMA or
FHW A data(such as vehicle fullness,type of waste,etc.). The CONSULTANT shall observe all vehicles
entering and exiting the disposal site, ensuring all vehicles are in good repair and safe with secure side
boards and have a tailgate. No vehicles will be allowed to enter the disposal site without a tailgate. Disposal
site monitors shall also provide verification that all debris reduction and disposal sites have access control
and security. Any household hazardous waste and e-waste items shall be collected at the curbside by the
COUNTY's Household Hazardous Waste Contractor through the FEMA/FHWA certification process and
tracking system.
The CONSULTANT shall,through the disposal site monitoring effort,measure each vehicle that will be
picking up debris for volume and certify its capacity. This vehicle shall be monitored to determine fullness,
type of waste,and point of origin. This certification process includes developing certification farms and
documents to accurately measure the cubic yard volume to the nearest cubic yard of each vehicle. These
forts shall show et a minimum the following
a. Length
b. Width
c. Depth
d. Gross volume in cubic yards
e. Reduction areas such as wheel wells to reduce vohune areas in cubic yards
f. Net volume in cubic yards
g. Tag number of vehicle
h. Company vehicle number
i. Driver of vehicle name(printed)and signature
j. Disposal site monitor name(printed)and signature certifying vehicle
k. Date
All debris hauling vehicles shall be certified prior to performing debris removal. The disposal monitor shall
complete a certification on each vehicle. In addition to certifying the vehicle with the forms,photographs
shall be taken of each vehicle showing the vehicle number and type of vehicle. These photographs shall be
attached with the certification. Original copies of these certifications including photographs shall be
retained by the consultant on behalf of the COUNTY (to be returned to the COUNTY upon project
completion). Additional copies shall be provided to the debris removal contractor,the vehicle driver,and
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the CONSULTANT.Once these vehicles are certified,all volumes shall be electronically verified by the
CONSULTANT within one(1)business day of the physical certification. Subsequent random verifications
shall be performed once every two weeks on all vehicles, both electronically and manually by the
CONSULTANT.
When a debris site monitor signs a vehicle certification or load ticket, he or she is certifying that ALI,
information on the-document is completed and the volumes/measurements are correct. The debris site
monitor should not sign or accept any partially completed information. Only completed tickets
signed by a debris monitor will be paid by the COUNTY. Debris site monitor(s)shall verify,or calibrate,
his or her debris removal vehicle load determinations with the FEMA or FHWA tower monitors on a daily
basis. Disposal site monitors are expected to provide volume determination'consistent with FEMA or
FHWA
repo
Exam les of di sal site monitoring orirtg tasks include but are not limited to:
1) Monitoring type of waste prior to entering disposal site.
2) Ensure type of waste is disposed in proper location.
3) Estimate the volume of loads on percentage basis of debris collection vehicles.
4) Performing vehicle certifications.
5) Ensuring the safety and security of the disposal site.
6) Certifying the completeness of all load tickets that enter into the disposal site.
7) Ensure only empty vehicles leave the disposal site.
Public Information Assistance
The CONSULTANT shall provide regular status updates to the COUNTY for public information use.
The CONSULTANT-shall provide a minimum of two staff members to assist with public telephone
inquiries and complaints: These staff members shall log all customer calls and maintain a status log toward
the Solution of each call. This public information team shall log all damage complaints concerning the
debris removal contractor(s) separately. These,damage complaints shall be forwarded to project
management team to be resolved with the contractor. A weekly log of such complaints and their resolution
shall be provided to the COUNTY.
The CONSULTANT shall provide the COUNTY and the debris contractor with daily updates on the
quantities of debris collected. Each daily report shall contain the following:
a. Contractor name
b. Contract number
c. FEMA/FHWA qualification
d. Reports and graphs to delineate production rates of crews and their equipment, progress by area
and estimations of total quantities remaining,estimated time to completion,and daily cumulative
cubic yards of debris removed,processed,and hauled.
This report is-due no liter than 10:00 a.m.the following business day or as requested by the COUNTY.
The CONSULTANT shall provide,weekly,a colored collection status map,electronically prepared.This
map shall show areas curtly collected as well as areas to be collected for the upcoming week. The map
is due to the County by 12:00 p.m. noon every Monday. Maps shall be provided in various sizes and
quantities as determined by the COUNTY.
Database Reporting
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The CONSULTANT shall be responsible for collecting,auditing for completeness and accuracy,tabulating
and organizing disposal data into required electronic FEMA/FHWA formats.
A single Microsoft Access database shall be created by the CONSULTANT. This database shall include i.
all information on debris removal including but not limited to:load ticket information,vehicle certification
information, stump removal information, hanger removal data, and leaner reinoval information.and
determination of pass status(i.e.push,first pass,second pass and subsequent passes. This database shall
record all information to a COUNTY facility or road listed within the Lake County Master Street
Addressing Guide. Any electronic reporting from this database must be provided in either Adobe or
Microsoft Excel: The database created by the CONSULTANT shall be given to the COUNTY at the
conclusion of the event.
Payment Monitoring
The CONSULTANT shall review and validate debris removal contractor(s) invoices prior to
submission to the COUNTY for processing and separating of FEMA and FHWA requirements.
All invoices from the debris removal contractors)shall be submitted to the monitoring consultant.Within
seven (7) calendar days of receipt,the invoices shall be reviewed by the monitoring consultant to be
accepted or rejected: The CONSULTANT shall issue in writing to the COUNTY and the debris contractor,
the acceptance or rejection of the invoices. if the invoice is rejected,the letter shall state a detailed reason
for the rejection. Only 100 percent accurate and completed invoices will be forwarded to the COUNTY
for payment: The COUNTY shall provide a report weekly to the CONSULTANT. This report shall show
all paid invoices with the invoice number and payment date.
Other Related Services:
Event Closure
The CONSULTANT shall assist the COUNTY in preparing final reports necessary for reimbursement by
• FEMA, FHWA, and other applicable agencies for disaster recovery efforts by COUNTY staff and
designated debris removal contractors. The CONSULTANT shall assist in reviewing and processing
requests for payment by the disaster debris removal contractors.
Federal Funding
To ensure that processing of Federal funding is done as quickly as possible,the following information and
its accuracy is the responsibility of the CONSULTANT: invoices, monitoring information,reports, load
tickets,payroll,equipment hours,certification and date of completion of first pass.
Comnliance
The CONSULTANT shall provide professional oversight to ensure compliance with FDEP regulations,
FDOT,FHWA, LCWA,NRCS,FDOH,and FEMA reporting requirements,and any other Federal,State,
or Local regulation(s). The CONSULTANT shall stay current with FEMA,FDOT,FDEP,LCWA,NRCS,
FDOH,and FHWA policies and procedures and notify the COUNTY immediately es changes occur.
The vendor shall ensure specific compliance when required by regulation or statute with all Federal or State
regulatory requirements, specifically including but not limited to, the Buy America Act, the National
Environmental Act(NEPA)of 1969,49 CFR Part 26 regarding utilization of Disadvantaged Business
Enterprises (DBEs), American with Disabilities Act(ADA)of 1990,the Equal Opportunity Act,23 USC
114 regarding prohibited use of convict labor,and all applicable regulation regarding prohibition of use of
contractors which have been suspended or debarred.
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The CONSULTANT shall check work in process to make sure that the proper work authorizations,permits
and other pmequisites have been received.
Meetings with County Personnel
COUNTY..personnel.will conduct a kick-off meeting, with the CONSULTANT when this Agreement
comes into effect.
The CONSULTANT shall meet with the COUNTY representatives and the contractor daily during a
disaster. Durinjperiods without a disaster,the CONSULTANT shall meet with the COUNTY at least once
a year at no cost.,This meeting shall occur prior to the hurricane season.
Reporting to the County's Proiect Manager
The CONSULTANT shall contact Lake County's Project Manager, at a minimum, 24 hours prior to a
hurricane event.or immediately upon the occurrence of a major disaster event within Lake COUNTY in
which there is no advance notification/warning..The CONSULTANT shall'report to the designated
COUNTY Project Manager within 8 hours of being given Notice to Proceed.
Note: The COUNTY shall appoint a Project Manager for each/any event and the Project Manager shall be
the lead COUNTY representative during each/any event. The COUNTY Project Manager will be
responsible•for the management/process oversight tasks including but are not limited to the similar
requirements of the Contractors Project Manager.
Debris Sites
The CONSULTANT shall ensure that site field monitors are deployed and operational commensurate with
the beginning of debris'collection and the establishment of debris sites.
Staffing
The CONSULTANT shall include in the response to this RFP a management plan that will outline how the
CONSULTANT proposes to handle the services,staffing,and equipment necessary to meet the COUNTY's
requirements as identified in this REP. The CONSULTANT shall'submit a list of personnel to be used in
this,contract, which will include mines,'addresses, phone numbers, cell numbers, and driver's license
numbers. Changes'to the list will be pre-approved by the COUNTY. The supervising staff must speak
F.nglisli and be able to effectively communicate with the drivers.
The management staff plan shell consist of the minimum following positions:
a. Project Manager
b. Operations Manager
c. GIS Analyst
d. Field Supervisors
e.' Debris Site/Power Monitors
f. Data finny Clerks(Load Ticket)
g. Billing and Invoice Analysts •
h. Administrative Assistant
i. Field Coordinators(Crew Monitors)
The CONSULTANT may use other positions as necessary. All such positions and applicable hourly rates
shall be listed in the cost proposal form.
The CONSULTANT's hourly rate must include all travel related expe ses,meal allowances,hotel rooms,
and any other relevant out of pocket expenses. The COUNTY shall only reimburse at the COUNTY rate
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the consultant the actual cost for office related expenses. Office related expenses shall be limited to copying
and printing.'A log detailing both copying and printing activities shall be submitted with each invoice.
The CONSULTANT represents that each person.listed or referenced in the proposal shall be available to
perform the services described for the like County Board of County Commissioners, barring illness,
accident,or other unforeseeable events of a similar nature in which case the CONSULTANT must be able
to promptly provide a qualified replacement. In'the event the CONSULTANT wishes to substitute
personnel, the CONSULTANT shall'propose a person with equal,or higher qualifications and each
replacement person is subject to prior written COUNTY approval. In the event the requested substitute
person is not satisfactory to the COUNTY and the matter cannot be resolved to the satisfaction of the
COUNTY,the COUNTY.reserves the right to cancel the contract for cause.
New E-Verify Language Mandated by US Department of Homeland Security and Florida's
Executive Order Number 11-02
1. The CONSULTANT shall utilize the U.S.Department of Homeland Security's&Verity system,in
accordance with the terms governing use of the system, to confirm the employment eligibility of
all persons employed by the CONSULTANT during the term of this Agreementto perform
employment duties within Florida and all persons,including subcontractors, assigned by the
CONSULTANT to perform work pursuant to this Agreement with the Department.
2. The COUNTY shall utilize the U.S. Department of.Homeland Security's E- Verify system, in
accordance with the terms governing use of the system,to confirm the employment eligibility of:
a. All.persons employed by the COUNTY during the term of this Agreement to perform
employment duties within Florida;and
b. All persons,including subcontractors,assigned by the COUNTY to perform work pursuant
to this Agreement with the Department.
Consultant Fee Schedule/Reimbursement
The CONSULTANT shall submit its schedule of hourly billing rates in the Fee Schedule in Attachment B
and any other costs that would be invoiced to the COUNTY. A detailed statement of expenses must
accompany any invoice request for reimbursement. Expenses other than meals and automobile travel must
be documented by copies of paid receipts or other evidence of payment.
Travel and Related Reimbursements: Any request for travel that is not included within the task assignment
requiring,reimbursement by the COUNTY shall be pie-approved in writing by the COUNTY's Project
Manager. The task assignment agreement shall be modified to reflect any approved change. Any
transportation and/or travel expenses incurred during the tam of the"contract shall be reimbursed by the
COUNTY in accordance with Section 112.061, Florida Statutes. Air travel shall be tourist or economy
class only. Rental cars shall be standard or smaller sized vehicles.Lodging shall be obtained from the most
economically priced establishments. Commercial rates or Lake County governmentalrates shall be
obtained where and when available. Meals shall be reimbursed as per Section 112.061 (6) (b), Florida
Statutes or any Lake County Travel Policy which nmay supersede statutory allowances. Mileage shall be
reimbursed in accordance with Section 112.061(7)(d)(1),Florida Statutes. Whenever possible,the FDOT
mileage map charts shall be used to compute mileage.
•
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EXHIBIT B
AITACHMENTB
PRICING SECTION/FEE SCHEDULE
Schedule of Hourly Billing Rates for Debris Management/ilfonitoring Services
� s' =
RtlFI sx... 1.:MRp1fit6edeithi.
I Project Meoager Hon, 175.00 r t
2 Operations Manager Hoor $64,00
3 DBS Analyst Ham S 4e.0o
4 Field Supervisor How S 45.0
5 Detail Site/Tower Monitor Hour $ 54.00
6 Data Pay Gert Goad ticket) How $0.00
7 Billinv/fnvaieeAnalysis Hoar S 45.00
a Administrative Asainant Haw $ 3200
9 Fuld Coordinator Haar $ 34.00
Data Manager Hour $55.00
Health&Safety Manager Hour S 65.0D
Public Acorlance Grant MmnpmentCpmdunt Hour $95.00
EnviroutmtelCampine Spedalm IDMS) Hour S 105.00
H6toelal Review(DM5)Speaialiet How $105.00
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ATTACHMENT C
Required Federal Provisions for Emergency Relief Program Debris Monitoring Agreements
l.0 Limits on Federal Participation:
Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal
and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and
procedures prescribed by the Division Administrator of FHWA.If FHWA or the Department of Transportation
determines that anyamount claimed is not eligible, federal participation maybe approved in the amount
determined to be adequately supported and the Agency shall notify the Contractor in writing citing the reasons
why items and amounts are not eligible for federal participation. Where correctable non-compliance with
provisions of law or FHWA requirements exists, funds may be withheld until compliance is obtained.Where
non-compliance is not correctable,the Agency may deny participation in parcel or project costs in part or in
total.
2.0 Records:
2.1 Establishment of Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Agency at all time during the period of
• this Agreement and for five(5)years after the Department of Transportation has closed out an Emergency Event
with the.Florida Division of Emergency Management.• Records of costs incurred include the Contractor's
general accounting records and the project records, together with supporting documents and records, of all
subcontractors performing work on the project, and all other records of the contractor and subcontractors
considered necessary by the Department of Transportation for a proper audit of costs.
2.2 Documentation of Project Costs: All costs charged to the project shall be supported by properly executed
payrolls,time records,invoices,contracts or vouchers,and any other documentation evidencing in proper detail
the nature and propriety of the charges.
2.3 Inspection:The Contractor,the Agency and Department authorized representatives shall permit authorized
agents of FHWA to inspect all work,workmanship,materials,payrolls,and records and to audit the books,
records, and-accounts pertaining to the financing and development of the project.The Agency reserves the
right to unilaterally cancel this Agreement for refusal by the contractor,Sub-contractorormaterials vendor to
allow public access to all documents,papers, lettere or othermaterial subject to'the provisions of Chapter 119,
Florida Statutes,and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida
Statutes).
3.0 Disadvantaged Badness Enterprise(DBE)Policy and Obligation:
It is the policy of the Agency that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity
to participate in the performance of contracts Smarmed in whole or in part with Emergency,Relief Program funds
under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this
Agreement
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•
1
The Contractor agrees to ensure that DBE's have the opportunity to participate in the performance
of this Agreement.In this regard,all Contractors shall take all necessary and reasonable steps in accordance
with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to
compete for and perform contracts.The Contractor shall not discriminate on the basis of race,color,national
origin or sex in the award and performance of contracts,entered pursuant to this Agreement.Furthermore, 1
the Contractor agrees that each contract signed with a recipient subcontractor'must include the following
assurance: "Subcontractor shall not discriminate on the basis of race,color,national origin, or sex in the
performance of this contract. The Subcontractor shall carry out applicable requirements of 49C.F.R.Part
26 in the award and administration of DOT-assisted contracts.Failure by the Subcontractor to cavy 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 Agency deems appropriate"
4.0 Restrictions,Prohibitions,Controls,and Labor Provisions:
4.1 Equal Employment Opportunity:
During the performance of this contract,the contractor agrees as follows:
I) The contractor will not discriminate against any employee or applicant for employment because of
race,color,religion,sex,sexual orientation,gender identity,or national origin.The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to,their race, color, religion, sex, sexual orientation, gender
identity,or national origin.Such action shall include,but-not be limited to the following:
Employment, upgrading demotion, or transfer, recruitment or recruitment advertising layoff or
termination; rates of payor 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 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,color,religion,sex,sexual orientation,gender identity,or national origin.
3) The contractorwill not discharge.or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other'employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in.response to a formal
complaint or charge, in furtherance of an investigation,pmr ening,heating,or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
4) 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 advising
the said labor union or workers'representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
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5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules,regulations,and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations, and orders of the Secretary of Labor, or pursuant
thereto,and will permit access to his books,records,and accounts by the administering agency and l;
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the slid rules,regulations,OT orders,this contract may be canceled, terminated,or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by title,
regulation,or order of the Secretary of Labor,or as otherwise provided by law.
8) The contractor will include the portion of the sentence immediately preceding paragraph(1)and
the provisions of paragraphs(1)through(8)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. 11246 of September 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 administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interests of
the United States.
4.2 Title.VI-Civil Rights Act of 1964:The Contractor will comply with all the requirements imposed by
Title VI of the Civil Rights Act of 1964,the regulations of the U.S.Department of Transportation issued
thereunder,and the assurance by the Contractor pursuant thereto. The Contractor shall include provisions
in all contracts with third parties that ensure compliance with Tide VI of the Civil Rights Act of 1964,49
C.F.R.Part 21,and related statutes and regulations.
43 Americans with DisabWties Act of 1990(ADA):The Contractor will comply with all the requirements
as imposed by the ADA,the regulations of the Federal government issued thereunder.
4.4 Restrictions on Lobbying: In accordance with the Byrd Anti-Lobbying Amendment(31 USC 1352),
the Contractor agrees that no federally-appropriated fiords have been paid,or will be paid by or on behalf
of the Contractor,to any person for influencing or attempting to influence any officer or employee of any
federal agency,a Member of Congress,an officer or employee of Congress or any employee of a Member
of Congress in connection with the awarding of any federal contract,the making of any federal grant,the
making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment or modification of any federal contract;grant,loan,or cooperative agreement.
If any funds other than federally-appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any federal agency,a
Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in
connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbing,"in accordance with its instructions.
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The Contractor shall require that the language of this paragraph be included in the award documents for all
sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
For contracts exceeding $100,000,the contractor shall submit an Anti-Lobbying Certification to Lake
County.
4.5 Davis-Bacon and Copeland Anti-Kickback Acts: When applicable, the Contractor shall comply
with 1)the Davis-Bacon Act(40 USC 3141-3144 and 3146-3148)as supplemented by Department of Labor
regulations(29 CFR.Part 5),and 2)the Copeland Anti-Kickback Act(40 USC 3145)as supplemented by •
Department of Labor regulations(29 CFR Part 3):
4.6 Contract Work Hours and Safety Standards: When applicable,the Contractor shall comply with
40 USC 3702 and 3704 as supplemented by-Department of Labor regulations(29 CFR Part 5).
4.7 Energy Efficiency: The Contractor agrees to comply with state energy conservation plan and Energy
Policy and Conservation Act 42 USC 6201.
4.8 Clean Air Act: The Contractor shall comply with all applicable standards,orders or regulations issued
pursuant to the Clean Air Act(42 USC.7401-7671 (q)) and the Federal Water Pollution Control Act as
amended(33 USC 1251-1387).
4.9 Suspension and Debarment:
1) This contract is a covered transaction for purposes of 2 CFR part 180 and 2 CFR part 3000. As
such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R.§ 180.995),or its affiliates(defined at 2 C.F.R:§.180.905)are excluded(defined at 2 C.F.R.
§ 180.940)or disqualified(defined at 2 C.F.R.§ 180.935).
2) The contractor must comply with 2 C.F.R.pt 180,subpart C and 2 C.F.R.pt.3000,subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3) This certification is a material representation of fact relied upon by Lake County. If it is later
determined that the contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the State of Florida and Lake County, the
Federal Government may pursue available roma es,including but not limited to suspension and/or
debarment. •
4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart C and
2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions."
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