HomeMy WebLinkAbout2026-144BDisaster Recovery Management Services Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
COUNTY) and Thompson Consulting Services, LLC (hereinafter called CONSULTANT).
COUNTY and CONSULTANT, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
BACKGROUND RECITALS:
The COUNTY issued and the CONSULTANT was selected as Secondary Disaster Recovery
Management Consultant ("DRMC") through Request for Proposals 2026017. All documents
related to the RFP, including the CONSULTANT's response are incorporated into this
agreement by reference.
A. The CONSULTANT is willing and able to perform the Services for the COUNTY on the
terms and conditions set forth below; and
B. The COUNTY and the CONSULTANT wish to enter into this Agreement for the
CONSULTANT's Services.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. GENERAL
1.1 Work specified under this document includes:
DRMC shall appoint a Project Manager, who will be the County's primary point -of -contact and
will be responsible for all services and personnel that are provided by DRMC. The Project
Manager shall be appointed for a minimum of one (i) year to fully understand the scope and
responsibilities of the recovery plan. It is recommended that personnel substitution commence
at the annual meeting, which generally occurs in May.
The Project Manager and other key personnel shall report to the County's Emergency
Operations Center (EOC) within eight (8) hours of notification by the County. Commencement
of work shall begin within twenty-four (24) hours of issuance of Notice to Proceed. The County
may issue Notice to proceed 24- to 48 -hours prior to a storm event, depending upon the
magnitude of the event in order to allow sufficient time to prepare for commencement of
operations.
The Project Manager shall assist the County in developing a Debris Management Action Plan for
the specific occurrence. DRMC may also be requested to assist in other debris recovery planning
efforts, such as identifying adequate TDMSs, estimating debris quantities, and developing
disaster plans for debris clearance following a disaster event.
The Project Manager shall attend all meetings and briefings designated by the County. Daily
meetings will be conducted by the County with DRMC, DMC and other essential personnel in
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order to confirm daily debris recovery activities and schedules, address and resolve problems,
and discuss progress of the debris recovery effort.
DRMC shall provide trained personnel to observe, direct and document the activities of the
DMC. DRMC shall be responsible for scheduling work for all its personnel on a daily basis.
DRMC shall assist the County in coordinating work assignments for the DMC.
DRMC shall monitor the DMC's progress and record the progress daily, including mapping all
streets and locations where debris was collected. Electronic monitoring is required.
The DRMC shall be operational at the completion of the first push (first 7o hours). DMC and
County employees will report to the TMDS to obtain work orders and field monitors from the
DRMC before work is commenced. DRMC shall also prepare project worksheets, right -of -entry
forms, and any other required forms for the work group.
DRMC shall track and coordinate with County personnel to respond to problems in the field and
to citizen's complaints, including commercial or residential property damage claims as a result
of debris removal.
DRMC shall prepare FEMA worksheets and review such worksheets with County staff.
DRMC shall provide the following annual services at no additional cost to the County:
✓ Attend and participate in an annual meeting with the County, anticipated to be held in
May.
✓ Prepare and present a written plan of operations, including a clear description of the
percentage of work DRMC may subcontract out and a list of subcontractors, at an annual
meeting with the County.
✓ Upon request, DRMC shall annually review and visit, with County staff, the TDMS(s) to
be used during the coming year.
✓ Participate in phone consultations and provide reference information to County staff
upon request.
DOCUMENTATION AND REIMBURSEMENT:
DRMC shall provide load tickets to track and document the removal and management of all
Eligible Debris. DRMC shall ensure that load tickets meet the requirements of FEMA and other
Federal or State reimbursement agencies. DRMC shall retain original completed tickets on
behalf of the County, which shall be turned over to the County, daily. Copies of completed load
tickets shall also be retained by DRMC, vehicle driver, subcontractor, and DMC. Additionally,
each day the load tickets shall be scanned or transferred into a master electronic file with a
summary spreadsheet identifying each truck and ticket.
Each load ticket shall contain the following information:
a. Prime Contractor name
b. County contract/Disaster number
c. Load ticket number
d. Subcontractor name
e. Truck Driver name
f. Date and time of pick up
g. Date and time of delivery
h. Pick up location (street address or primary street between specific areas).
i. Loading Zone Number
j. Debris Clearing Cycle (Push, First Pass, Second Pass, Third Pass, etc.)
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k. Truck ID number and capacity
1. Total cubic yards picked up
m. Debris classification (Vegetative, White Goods, C&D, Mulch, Stump, etc.)
n. Delivery site
o. Load Monitor Printed Name and Signature
p. Dump Monitor Printed Name and Signature
q. GPS coordinates
DRMC shall document all recovery work to ensure that proper records are maintained for load
tickets and recovery costs for reimbursement purposes. During the first 7o hours following a
Presidential declared disaster, this may require documenting times that DMC manpower and
equipment are actively used in order to document time -and -material reimbursements. This
shall also include any photographs or other means of confirming debris load information for
reimbursement purposes.
DRMC shall assist the County and FEMA Consultant in preparing reports necessary for
reimbursement by FEMA, FHWA and any other applicable Federal, State or local agencies.
DRMC shall provide daily reports throughout the disaster event, including updates for the daily
briefing meetings; reports on the review and validation of the DMC; cubic yard/tonnage reports
that provide the number of trucks and volume/tonnage of debris received at each TDMS as well
as a total for all TDMSs; and a final report following completion of debris recovery operations.
DRMC shall retain all documentation for at least ten (io) years following a disaster or
emergency event.
FIELD COLLECTION MONITORING
In order to obtain FEMA reimbursement for Eligible Debris, all loads must be monitored in the
field by collection monitors. Specific activities shall include, but not be limited to, the following:
DRMC shall provide personnel to serve as Field Monitors and Field Supervisors. The primary
function of the Field Monitors is to verify that debris picked up by the DMC recovery crews are
Eligible Debris and to issue debris load tickets for such Eligible Debris. Field Supervisors shall
oversee and coordinate the work of the Field Monitors.
DRMC shall coordinate with the County FEMA Consultant to ensure the proper documentation
for reimbursement is completed as part of the monitoring process.
DRMC shall train all Field Monitors and Supervisors to ensure that proper FEMA
documentation protocol requirements are instituted and followed. DRMC shall equip all Field
Monitors with vehicle transportation and with state-of-the-art technology, which shall include
cameras, computers, communication devices, GPS devices, and other equipment as deemed
necessary and/or appropriate.
DRMC will have Field Monitors to monitor all DMC operations. DRMC will have monitors that
will observe DMC operations to ensure that only Eligible Debris is removed from the areas
designated by the County and to verify the proper loading and compaction of debris into debris
recovery equipment. Each truck driver will be given a load ticket that validates where the
material originated. Photographs of debris shall be taken as directed by the County and/or
required by FEMA to verify the source and type of debris for reimbursement purposes. Trucks
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that are observed picking up material outside of the designated rights -of -way or that is ineligible
will have all loads hauled that day deducted and the load tickets invalidated.
If a Field Monitor finds that the DMC's work is not performed as specified by the County, the
Field Monitor must immediately initiate a stop work order and notify the Field Supervisor or
Project Manager. All stop work orders must be documented and reported to the SWDD MD.
Field Monitors shall survey their assigned areas for special needs and record detailed
information, including GPS and photo documentation, specific location, specific threat, and any
special circumstances regarding the following: Hazardous Stumps, and leaning trees (leaners),
as well as a random sample of hanging limbs (hangers). For Hazardous Stumps, Field Monitors
shall also record the stump's diameter measured two feet up the trunk from the ground and the
quantity of material to fill the hole. Field Monitors shall also document, in detail, removal of the
Hazardous Stumps, leaners or hangers.
Field Monitors shall enforce the DMC's Clean as You Go Policy.
TDMS AND DROP-OFF SITE MONITORS
DRMC shall provide Monitors for each TDMS. DRMC shall be prepared for the County to begin
hauling debris to the TDMSs within 12 hours after commencement of clean-up operations.
TDMS Monitor responsibilities shall include, but not be limited to, the following:
Ensure all loads of debris brought to the site by the DMC and all loads of debris exiting the site
are documented with properly completed load tickets. By signing the load ticket, the Site
Monitor is certifying that all information on the document is complete and accurate, including
load volumes.
Photograph loads of debris, as directed by the County and/or required by FEMA, and record
load information on the photograph.
Collect all load tickets and provide copies of them to the DMC's designated personnel.
Obtain and verify the DMC's fleet documentation. DRMC will obtain from the DMC such
documentation, including the make; model; license plate number; DMC equipment number;
measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be
utilized to transport debris; and any other information necessary to comply with FEMA
requirements. The measured volume shall be calculated from actual physical measurement
performed by DMC and the reported volume shall be the same as shown on the signs affixed to
each piece of equipment.
Certify all debris vehicles at the TDMSs beginning 24- to 48- hours after the storm passes.
DRMC shall update the fleet documents as the DMC adds or deletes vehicles from the collection
fleet or when measurement calculations are modified through the random verification process.
DRMC shall also periodically and randomly perform volume capacity verifications of recovery
vehicles.
Verify that all DMC equipment has been completely emptied prior to leaving the TDMS.
Observe all vehicles entering and exiting the TDMS to ensure that all vehicles are in good repair
and safe with secure sideboards and tailgate.
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DRMC shall provide or arrange for field operation trailers, scissor lifts, and generators at all
TDMSs for use by its staff.
DRMC shall provide TDMS Monitor, if directed by the County, for each Residential Drop -Off
Site. Drop -Off TDMS Monitor responsibilities shall include, but not be limited to, the following:
Ensure that only County residents are using the site. If an individual is not a resident, it shall be
the TDMS Monitor's responsibility to inform the individual of such and provide them options as
to how they can manage their debris as directed by the County.
Record the address of the eligible site users and the type and quantity of debris they brought to
the site.
Record and provide a copy of the completed load tickets to the DMC to remove the debris from
the public Drop -Off Site.
Photograph debris, as directed by the County, to verify the source and type of debris.
Assist with communicating to residents proper handling and disposal practices and with
distributing information flyers, at the County's request.
DRMC shall be responsible for the following items at all TDMSs and Drop -Off Sites:
Verify that all sites have access control and security.
Monitor the type of debris entering the sites, classify debris by FEMA protocols and ensure each
type of waste is placed in the proper location.
Assist with coordinating the logistics of the site to ensure efficient traffic flow.
Conduct periodic safety inspections to ensure the DMC is complying with safety regulations
such as utilizing spotters, properly controlling traffic and wearing proper safety equipment.
Be responsible for end -of -day activities such as ensuring all operations have ceased for the day
and all sites are closed and secured.
Report safety or other hazards to the County.
OTHER RELATED SERVICES:
Upon request by SWDD MD, DRMC shall provide aerial photographs of debris sites.
Photographs shall be extremely sharp and clear containing reference boundaries for location
identification. DRMC may have to take several photographs to produce one acceptable quality
photograph. If the photographs delivered are not of sufficient quality, as determined by the
SWDD MD, the County will not be obligated to pay for the flight and photographs. If DRMC and
County agree, photos may be retaken at DRMC's expense. Photographs shall be delivered to the
County within five (5) business days of order, weather permitting.
DRMC shall provide other related services as requested by the County. Such services may
include, but would not be limited to, the following:
Perform damage assessments to determine areas impacted, quantities of debris and types of
debris.
Assist in obtaining any necessary permits, licenses and certificates as may be required to
perform debris management work and in clarifying and resolving any compliance issues.
Provide training to County staff as directed by the SWDD MD.
Be prepared with appropriate supervisors, staff, and watercraft to oversee clearing of debris
from canals and waterways, where required.
DRMC PERSONNEL
DRMC shall secure, at its expense, all necessary personnel required to perform the services
under this RFP. Such personnel shall not be employees of or have any contractual relationship
with the County or the County's DMC.
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DRMC shall have a professional staff with the knowledge, skills and training to monitor the
disaster recovery process efficiently and effectively. Extensive knowledge of FEMA, FHWA,
NRCS, FDOT, FDEP, FFWC and other applicable Federal, State or local agency laws, regulations
and policies is required.
DRMC and Project Manager shall have experience in the FHWA, FEMA, and other applicable
Federal, State, and/or local programs to assist the County in its disaster response and recovery
efforts. Proper documentation by DRMC as required by FHWA and FEMA is required for all
debris removal monitoring operations to ensure reimbursement to the County from the
appropriate agency. If necessary, DRMC's personnel shall possess any certifications or licenses
that are required by Federal, State or local law in order to perform such services.
At the annual meeting with the County, DRMC shall submit an operations report that identifies
key personnel and positions/classifications dedicated to this contract. DRMC shall update the
operations report for any changes such as additions or deletions of staff. Any changes in key
personnel, such as, but not limited to, the Project Manager and Field Supervisors, must be
approved by the County. The County retains the right to request personnel replacements.
DRMC's staffing plan shall include the positions listed below. DRMC may use other positions as
necessary and as approved by the County. All such positions and applicable hourly rates,
inclusive of any associated costs to provide services, shall be listed in the "Proposal Pricing
Form".
a) Project Manager — Primary point -of -contact to the County and overall responsible for all
DRMC services and personnel.
b) Field Supervisor — Responsible for a crew of Field Monitors.
c) Field Monitor — Responsible for overseeing the DMC's debris recovery activities and
issuing load tickets.
d) TDMS Monitor — Responsible for recording the volume of debris brought to a TDMS by
the DMC.
e) Drop -Off Site Monitor — Responsible for determining the eligibility of users at the public
debris Drop -Off Sites and issuing load tickets to the DMC.
f) Debris Site Security — Unarmed and non -sworn security at TDMSs and Drop -Off Sites
when sites are not open.
g) GIS Specialist — Responsible for coordinating GIS application with County GIS staff
members.
h) Data Entry — Responsible for tracking, verifying, and entering load tickets into a data -base
application, digitizing source documentation.
DRMC's TDMS personnel must wear OSHA -required safety equipment whenever on a TDMS
and must adhere to all DMC site safety requirements. Field personnel shall be identifiable with
safety vests and vehicle placards.
The Project Manager shall be on call 24 hours per day, seven days per week, and shall be
available by cell phone. In the event normal communication (telephone, cell phone, radio, etc.)
is unavailable, DRMC shall provide its Project Manager with a reliable means of communication
(satellite radio, satellite telephone, etc.) with the County.
DRMC's Project Manager shall coordinate daily with the SWDD MD and DMC, and shall comply
with all directions and guidance provided by Federal or State representatives.
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DRMC must attend any and all meetings required by the SWDD MD to evaluate the debris
removal and disposal operations.
COMMENCEMENT OF WORK
Preparation for mobilization and response shall commence within twenty-four (24) hours of
County being placed in the National Oceanic Atmospheric Administration five (5) -day
hurricane forecast, Contractor(s) shall contact County regarding potential contract activation.
Within twelve (12) hours of being issued Notice to Proceed orders from County / SWDD MD or
when the winds subside to less than 39 miles per hour, whichever is later, Contractor(s) shall
mobilize equipment and resources in County. Within twenty-four (24) hours of being issued
NTP orders from County / SWDD MD or when the winds subside to less than 39 miles per hour,
whichever is later, Contractor(s) shall be prepared to begin 25% debris removal operations as
directed by the SWDD MD.
CONTRACT PERIOD
The initial term of the contract(s) shall be for three years with the option to renew for one
additional two year term. The initial term of the contract will have an effective date per
execution of the contract The renewal terms are upon mutual consent and determination that
renewal is in the best interest of the County.
ADJUSTMENTS TO RATES
Any requested price amendments must be submitted in writing, with evidence of circumstances
and need, reflecting current market rates. County will perform a Cost or Price Analysis to
determine if a change can be supported. If authorized, formal ratification of the change by both
parties will be necessary. No automatic increases are incorporated in this agreement.
ADMINISTRATION
The County Administrator or his/her designee shall have authority to issue Notices to Proceed
for Federal Public Assistance categories of work. All Notices to Proceed shall include a complete
and comprehensive Scope of Work. The DRMC shall not initiate work if there is not a Scope of
Work provided with the Notice to Proceed.
AVAILABILITY OF FUNDS
This Contract is for goods and services related to disaster response and recovery operations.
Activation of this Contract will occur in anticipation of Federal and State Public Assistance
funding.
Working Hours— All activity associated with gathering and loading of eligible debris shall be
performed during visible daylight hours only unless otherwise authorized by the County.
Hauling of eligible debris to the DDMS will be allowed during visible daylight hours only
between dawn and dusk unless otherwise authorized by the County. The Contractor may work
during these hours seven (7) days per week including holidays. It is understood between the
parties that at the DDMS, debris reduction may take place twenty-four (24) hours, seven (7)
days per week if the DRMC and DMC deem it necessary to meet the work demand, subject to
County approval. The County approval shall consider safety and impacts to surrounding land
uses such as occupied residential areas. The DRMC and DMC shall be responsible for obtaining
sites to stage equipment, such as trucks, while not in use. The DRMC and DMC shall comply
with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5).
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1.2 A schedule of current hourly billing rates is set forth in Exhibit i attached to this
Agreement and made a part hereof by this reference. These hourly billing rates will remain
effective for the initial three-year term of this Agreement.
1.3 No representation or guarantee is made by Indian River County as to the minimum or
maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive
during the term of this Agreement.
1.4 The Background Recitals are true and correct and form a material part of this
Agreement.
2. COUNTY OBLIGATIONS
2.1 The COUNTY shall provide all requested information requested by CONSULTANT in a
reasonable amount of time.
3. RESPONSIBILITIES OF THE CONSULTANT
3.1 The CONSULTANT agrees to perform all necessary Services as set forth in this
Agreement.
3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any
Project.
3.3 The CONSULTANT will maintain an adequate staff of qualified personnel.
3.4 The CONSULTANT will comply with all present and future federal, state, and local laws,
rules, regulations, policies, codes, and guidelines applicable to the Services performed under this
Agreement.
3.5 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and
agree that: (i) in connection with the furnishing of Services to the COUNTY hereunder, no
person shall be excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in regard to the services to be performed by CONSULTANT under this
Agreement on the grounds of such person's race, color, religion, sex, sexual orientation, gender
identity, or national origin.; and (2) the CONSULTANT shall comply with all existing
requirements concerning discrimination imposed by any and all applicable local, state, and
federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from
time to time amended.
3.6 The CONSULTANT shall during the entire term of this Agreement, procure and keep in
full force, effect, and good standing any and all necessary licenses, registrations, certificates,
permits, and any and all other authorizations as are required by local, state, or federal law, in
order for the CONSULTANT to render its Services as described in this Agreement. The
CONSULTANT shall also require all sub -consultants to comply by contract with the provisions
of this section.
3.7 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the
work may be properly scheduled and coordinated.
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3.8 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS,
as directed by the COUNTY.
3.9 The CONSULTANT shall report the status of the Services under this Agreement to the
County Project Manager on a daily basis in a format acceptable to the County upon issuance of
Notice to Proceed (NTP) for any work performed by the CONSULTANT, upon request outside
the issuance of a NTP, and hold all drawings, calculations and related work open to the
inspection of the County Project Manager or his authorized agent at any time, upon reasonable
request.
3.10 All documents, reports, tracings, plans, specifications, field books, survey notes and
information, maps, contract documents, and other data developed by the CONSULTANT for the
purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing
items will be created, maintained, updated, and provided in the format specified by the
COUNTY. When all work contemplated under this Agreement is complete, all of the above data
shall be delivered to the County Project Manager.
3.11 The CONSULTANT shall not assign or transfer any work under this Agreement without
the prior written consent of the COUNTY.
3.12 The CONSULTANT is registered with and will use the Department of Homeland
Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly
hired employees for the duration of this agreement, as required by Section 448.095, F.S.
CONSULTANT is also responsible for obtaining an affidavit from all subcontractors or
subconsultants participating in work under this agreement, as required in Section
448•095(5)(b), F.S., stating the subcontractor/subconsultant does not employ, contract with, or
subcontract with an unauthorized alien.
3.13 CONSULTANT does not meet any of the criteria in Section 287.138, Florida Statutes,
relating to Foreign Entity ownership, that would exclude it from eligibility to enter an agreement
which may give access to an individual's personal identifying information.
4. TERM; DURATION OF AGREEMENT
4.1 This Agreement shall remain in full force and effect for an initial term of three years,
with one two-year renewal available, subject to mutual agreement, unless otherwise terminated
by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination".
5. COMPENSATION
5.1 The COUNTY shall pay to the CONSULTANT based on actual hours worked at the rates
provided in Exhibit 1 and submitted by monthly invoice. All payments for services shall be made
to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as
may be amended from time to time (Section 218.70, Florida Statutes, et seq.).
5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the
Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT
shall execute a mutually agreeable amended Work Order or a new Work Order.
5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any
portion of the Services under any Work Order at any time and for any reason, upon written
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notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the
CONSULTANT shall be paid for the Services already performed and also for the Services
remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in
this Agreement.
5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend
Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall
specify the period during which Services shall be stopped. The CONSULTANT shall resume its
Services upon the date specified, or upon such other date as the COUNTY may thereafter specify
in writing. Where the COUNTY has suspended the Services under this Agreement for a period in
excess of six (6) months, the compensation of CONSULTANT for such suspended Services may
be subject to modification. The period during which the Services are stopped by the COUNTY
shall be added to the time of performance of this Agreement.
6. ADDITIONAL WORK
6.1 If services in addition to the Services provided hereunder are required or desired by the
County in connection with the Project, the COUNTY may, at the sole option of the COUNTY:
separately obtain same outside of this Agreement; or request the CONSULTANT to provide,
either directly by the CONSULTANT or by a sub consultant, such additional services by a new
Work Order or by a written amendment to a specific Work Order.
7. INSURANCE AND INDEMNIFICATION
7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all
insurance required under this Agreement and such insurance has been approved by the County's
Risk Manager.
7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the
minimum insurance coverage as set forth herein. The cost of such insurance shall be included in
the CONSULTANT's fee:
7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida
Employers' Liability of $ioo,000 each accident, $500,000 disease policy limit, and $ioo,000
disease each employee.
7.2.2 General Liability: commercial general liability coverage, including contractual liability
and independent contractor, with a minimum combined single limit of $300,000 per
occurrence.
7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum
combined single limit of $300,000 per occurrence.
7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or
omissions committed by CONSULTANT with a limit of $i,000,000 per claim/annual aggregate.
This insurance shall extend coverage to loss of interest, earning, profit, use, and business
interruption, cost of replacement power, and other special, indirect, and consequential damages.
7.3 CONSULTANT's insurance coverage shall be primary.
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7.4 All required insurance policies shall be placed with insurers licensed to do business in
Florida and with a Best's rating of A -VII or better.
7.5 The insurance policies procured shall be occurrence forms, not claims made policies with
the exception of professional liability.
7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and
approval, ten (io) days prior to commencement of any work under this Agreement. The
COUNTY shall be named as an additional insured on all policies except workers' compensation
and professional liability.
7.7 The insurance companies selected shall send written verification to the County Risk
Manager that they will provide 3o days prior written notice to the County Risk Manager of its
intent to cancel or modify any required policies of insurance.
7.8 CONSULTANT shall include all subconsultants as insured under its policies or shall
furnish separate certificates and endorsements for each subconsultant. All coverages for
subconsultants shall also be subject to all of the requirements stated herein.
7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review
any and all policies of insurance and reasonably to adjust the limits of coverage required
hereunder, from time to time throughout the term of this Agreement. In such event, the
COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits
and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by
CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT
and shall be grounds for termination of this Agreement by the COUNTY.
7.10 The CONSULTANT shall 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 CONSULTANT in
the performance of this Agreement.
8. TERMINATION
8.1 The occurrence of any of the following shall constitute a default by CONSULTANT and
shall provide the COUNTY with a right to terminate this Contract in accordance with this
Article, in addition to pursuing any other remedies which the COUNTY may have under this
Contract or under law:
(A) if in the COUNTY's opinion CONSULTANT is improperly performing
work or violating any provision(s) of the Contract Documents;
(B) if CONSULTANT neglects or refuses to correct defective work;
(C) if in the COUNTY's opinion CONSULTANT's work is being unnecessarily
delayed and will not be finished within the prescribed time;
(D) if CONSULTANT assigns this Contract or any money accruing thereon or
approved thereon; or
(E) if CONSULTANT abandons the work, is adjudged bankrupt, or if he
makes a general assignment for the benefit of his creditors, or if a trustee or receiver is
appointed for CONSULTANT or for any of his property.
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8.2. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify
CONSULTANT in writing of the grounds for termination and provide CONSULTANT with ten
(1o) calendar days to cure the default to the reasonable satisfaction of the COUNTY.
8.3 The obligation to provide services under this Agreement maybe terminated by either
party upon seven (7) days prior written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement through no fault of the
terminating party.
8.4 COUNTY may at any time and for any reason terminate CONSULTANT's services and
work for COUNTY's convenience. Upon receipt of notice of such termination CONSULTANT
shall, unless the notice directs otherwise, immediately discontinue the work and immediately
cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the
performance of this Contract. Upon such termination Consultant shall be entitled to payment
only as follows:
(A) the actual cost of the work completed in conformity with this Contract and the
specifications; plus,
(B) such other costs actually incurred by CONSULTANT as are permitted by the
prime contract and approved by the COUNTY.
CONSULTANT shall not be entitled to any other claim for compensation or damages
against the County in the event of such termination.
8.5 In the event that the CONSULTANT merges with another company, becomes a
subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the
right to terminate this Agreement in accordance with its terms.
8.6 In the event of termination of this Agreement, the CONSULTANT agrees to surrender
any and all documents prepared by the CONSULTANT for the COUNTY in connection with this
Agreement.
8.7 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow
public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with
this Agreement.
8.8 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT
submits a false invoice to the COUNTY.
8.9 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and
those related entities of consultant as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 2154725 of the Florida Statutes, and
are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of
one million dollars or more, CONSULTANT certifies that it and those related entities of
CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business
operations in Cuba or Syria.
8.10 COUNTY may terminate this Contract if CONSULTANT is found to have submitted a
false certification as provided under section 287.135(5), Florida Statutes, been placed on the
Page 12 of 22
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria, as defined by section 287.135, Florida Statutes.
8.11 COUNTY may terminate this Contract if CONSULTANT, including all wholly owned
subsidiaries, majority -owned subsidiaries, and parent companies that exist for the purpose of
making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List
or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
8.12 If CONSULTANT breaches this agreement during an emergency recovery period (1 -year
period that begins on the date that the governor initially declared a state of emergency for a
natural emergency), CONSULTANT is required to pay a $5,000 penalty, and damages which may
be either actual and consequential damages or liquidated damages. Additionally, the
CONSULTANT shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a
new contract; and
(2) the difference between the cost of completing the new contract and the cost of
completing this Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER
to enforce its rights herein.
9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES
9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -
in -negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete and current as of the date
of the Agreement and no higher than those charged the CONSULTANT's most favored customer
for the same or substantially similar service. The wage rates and costs shall be adjusted to
exclude any significant sums should the COUNTY determine that the wage rates and costs were
increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate
representations of fees paid to outside CONSULTANTS. The COUNTY shall exercise its rights
under this "Certificate" within one (i) year following final payment. COUNTY has the authority
and right to audit CONSULTANT's records under this provision.
10. MISCELLANEOUS PROVISIONS
10.1 Independent Consultant. It is specifically understood and acknowledged by the parties
hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no
way to be considered employees of the COUNTY, but are independent consultants performing
solely under the terms of the Agreement and not otherwise.
10.2 Merger; Modification. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters contained herein and the parties agree that there are no commitments,
agreements, or understandings of any nature whatsoever concerning the subject matter of the
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior or contemporaneous representations
or agreements, whether oral or written. No alteration, change, or modification of the terms of
this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the
COUNTY.
Page 13 of 22
10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be
construed according to the laws of the State of Florida. Venue for any lawsuit brought by either
party against the other party or otherwise arising out of this Agreement shall be in Indian River
County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the
Southern District of Florida.
10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive of each other or of any other remedy
available to either party, at law or in equity. Each right, power and remedy of the parties
provided for in this Agreement shall be cumulative and concurrent and shall be in addition to
every other right, power or remedy provided for in this Agreement or now or hereafter existing
at law or in equity or by statute or otherwise. The failure of either party to insist upon
compliance by the other party with any obligation, or exercise any remedy, does not waive the
right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of
one or more defaults does not constitute a waiver of any other delinquency or default. If any
legal action or other proceeding is brought for the enforcement of this Agreement or because of
an alleged dispute, breach, default, or misrepresentation in connection with any provisions of
this Agreement, each party shall bear its own costs.
10.5 Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder
of this Agreement, then the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the extent
permitted by law.
10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject
to the availability of funds lawfully appropriated for its purpose by the Board of County
Commissioners of Indian River County.
10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it
a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form
of indebtedness.
1o.8 Survival. Except as otherwise expressly provided herein, each obligation In this
Agreement to be performed by CONSULTANT shall survive the termination or expiration of this
Agreement.
10.9 Construction. The headings of the sections of this Agreement are for the purpose of
convenience only, and shall not be deemed to expand, limit, or modify the provisions contained
in such sections. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may
require. The parties hereby acknowledge and agree that each was properly represented by
counsel and this Agreement was negotiated and drafted at arm's -length so that the judicial rule
of construction to the effect that a legal document shall be construed against the draftsperson
shall be inapplicable to this Agreement.
10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and the
same instrument.
Page 14 of 22
10.11 Public Records Compliance
Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT
shall:
(1) Keep and maintain public records required by the County to perform the service.
(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 in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the CONSULTANT does not transfer
the records to the 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 Custodian of Public
Records, in a format that is compatible with the information technology systems of the County.
B. 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:
(772) 226-1424
publicrecords@mdianriver.gov
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the CONSULTANT to comply with these requirements shall be a material breach of
this Agreement.
11. FEDERAL CLAUSES
11.1 During the performance of this contract, the CONSULTANT agrees to ensure equal
employment opportunity as follows:
A. Compliance with the Contract Work Hours and Safety Standards Act (CWHSSA)
(29 C.F.R 5.5(b) in its entirety):
Page 15 of 22
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section,
in the sum of $33 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages.
(i) Withholding Process. The COUNTY shall upon its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as maybe considered necessary to satisfy
the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in this paragraph
(ii.i.A) on this contract, any other federal contract with the same prime contractor, or any other
federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is
held by the same prime contractor (as defined in 29 CFR § 5.2). The necessary funds may be
withheld from the contractor under this contract, any other federal contract with the same prime
contractor, or any other federally assisted contract that is subject to the Contract Work Hours and
Safety Standards Act and is held by the same prime contractor, regardless of whether the other
contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld
in accordance with paragraph (a)(2)(i) or (b)(3)(i) of 29 CFR § 5.5, or both, over claims to those
funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses
set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor,
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief,
including interest from the date of the underpayment or loss, due to any workers of lower -tier
subcontractors, and associated liquidated damages and may be subject to debarment, as
appropriate.
Page 16 of 22
(5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any
other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing
regulations in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection under
CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
B. Further Compliance with the Contract Work Hours and Safety Standards Act:
(1) The CONSULTANT shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the CONSULTANT
for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor,
and the CONSULTANT will permit such representatives to interview employees during working
hours on the job.
C. Clean Air Act and Federal Water Pollution Control Act:
(1) Clean Air Act.
(a) The CONSULTANT agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(b) The Consultant agrees to report each violation to the COUNTY and understands and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(c) The Consultant agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
(2) Federal Water Pollution Control Act
(a) The Consultant agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(b) The Consultant agrees to report each violation to the COUNTY and understands and agrees
that the COUNTY will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(c) The Consultant agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
D. Suspension and Debarment
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000.
As such the Consultant is required to verify that none of the Consultant, its principals (defined at
Page 17 of 22
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 Consultant 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 COUNTY. If it is later
determined that the Consultant did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. Pt.
3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 18o, 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.
E. Byrd Anti -Lobbying Amendment, as amended, 31 U.S.C. § 1352
Contractors and Consultants who apply or bid for an award of $100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
F. Procurement of Recycled/Recovered Materials:
(i) In the performance of this contract, the Consultant shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines.
(3) The Consultant also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
G. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause —
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or
after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan
guarantee funds on certain telecommunications products or from certain entities for national
security reasons.
Page 18 of 22
(2) Unless an exception in paragraph (c) of this clause applies, the Consultant and its
contractors and subcontractors may not use grant, cooperative agreement, loan, or loan
guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as
part of any system.
(c) Exceptions.
(i) This clause does not prohibit Consultants from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the Consultant identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as part of
any system, during contract performance, or the Consultant is notified of such by a
subcontractor at any tier or by any other source, the Consultant shall report the information in
paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract
are established procedures for reporting the information.
(2) The Consultant shall report the following information pursuant to paragraph (d)(i) of this
clause:
(i) Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model
number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions
undertaken or recommended.
(ii) Within io business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. In
addition, the Consultant shall describe the efforts it undertook to prevent use or submission of
covered telecommunications equipment or services, and any additional efforts that will be
incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Consultant shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
Page 19 of 22
H. Domestic Preference for Procurements
The Consultant should, to the greatest extent practicable and consistent with law, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in the
United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other
manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
I. Access to Records
The following access to records requirements apply to this contract:
(1) The CONSULTANT agrees to provide COUNTY, the State of Florida, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the CONSULTANT
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts, and transcriptions.
(2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
(4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the COUNTY and the
CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the FEMA Administrator or the Comptroller General of the United
States.
J. DHS Seal, Logo, and Flags: The CONSULTANT must obtain written permission from DHS
prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
K. Compliance with Federal Law, Regulations, and Executive Orders: This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive
orders, and FEMA policies, procedures, and directives.
L. No Obligation by Federal Government: The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the County, CONSULTANT, or any other
party pertaining to any matter resulting from the contract.
M. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to this contract.
N. Affirmative Steps: If subcontracts are to be let, the prime Consultant is required to take all
necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(6) to ensure that small and minority
businesses, women's business enterprises, veteran -owned businesses, and labor surplus area
firms are used when possible.
Page 20 of 22
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
This Agreement will be effective on August 18, 2026.
OWNER:
G��,NMfSS/
INDIAN RIVER COUN 9'.
By: _ 4"
Deryl Loar, Chairman'; .
By: I •,`q�R . R .. ..
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Chris Hic jsistant County Attorney
Ryan L. Butler, Clerk of Court and
Comptroller
Attest: A.
Deputy Clerk
(SEAL)
Designated Representative:
Himanshu Mehta, SWDD MD
1325 74th Ave, Vero Beach, FL 32968
T72-226-3211
hmehta@indianriver.gov
CONSULTANT:
Thompson C sul in Services, LLC "
By:
Name. n Hoyle `o SEL: L
Title: President ' n Y011 :gym
Delawar
(Corporate Seal) = y� • cOMpF -'fj
(If CONSULTANT is a corp dhq ioii *or.
partnership, attach evidence of auth8"";4"
sign)
Attest:
Name: Lydia ena
Title: Accounting Coordinator
Designated Representative:
Name: Nicole Lehman
Title: Director of Client Services
Address: 2601 Maitland Center Pkwy, Maitland, FL
Phone: (407) 756-7589
Page 21 of 22
Exhibit 1— Pricing
Proposer submits the following best and filial prices for the work described in this
solicitation (must not be higher than original proposal). Rates provided include all costs
associated with the performance of the work, such as overhead and profits, lodging, meals,
transportation, rentals, safety gear, telephone costs, cameras. GPS devices and all other
materials, items and miscellaneous expenses.
Dailv and weekly rates shall be based on 12 -hour days, seven days per week.
Position or Equivalent
Hourly Rate
Dail- Rate
(12 -hour day)
Weekly Rates
(; 12 -Hour days)
1. Project Manager
$ 64.50
$ 774.00
$ 5,418.00
2. Field Supervisor
$ 46.50
$ 558.00
$ 3,906.00
3. Field Monitor
$ 35.50
$ 426.00
$ 2,982.00
4. DDDIS Monitor
$ 35.00
$ 420.00
$ 2,940.00
5. Citizen Drop-off Site Monitor
$ 34.50
$ 414.00
$ 2,898.00
6. Debris Site Security
$ 32.50
$ 390.00
$ 2,730.00
^. GIS Specialist
$ 49.50
$ 594.00
$ 4,158.00
8. Data Entry
$ o.00•
$ o_oo
$ o.00
9. Operations Manager
$ 52.50
$ 630.00
$ 4,410.00
List and explain the "blue sky" services your firm will provide at no cost to the County
(including those listed in original proposal): - Attend and participate in an annual meeting with the
County. Thompson recommends an annual meeting with pre -event contract clients. During this meeting, Thompson
will review organizational charts/personnel rosters, GIS layers/tiles, and provide up to a 3 -hour training session
highlighting thanges with fEMA/funding processes for County personnel.
Thompson may subcontract out and a list of subcontractors, if avnlicable.
- Upon request, visit and review the DDMSs to be used during the coming year with County staff.
- Participate in phone consultations and provide reference information to County staff upon request.
Identify any additional added value benefits (pro bono) related to debris monitoring that
your firm will provide.
- Assist the County with FDEP DDMS pre -authorization requests for each identified County site.
- Assist in navigating the FROC Disaster Readiness Assessment (DRA) process with FDEM if requested
by the County.
- Conduct yearly reviews of County GIS files and provide recommendations for improvements in order to
ultimately increase reimbursement approval chances.
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