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HomeMy WebLinkAboutReso 2021-3181RESOLUTION NO. 2021 - 75M A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING FIRST AMENDMENTS TO THE AGREEMENTS WITH DISASTER PROGRAM & OPERATIONS, INC. AND TIDAL BASIN GOVERNMENT CONSULTING, LLC. TO PROVIDE DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City needed a consultant to provide disaster debris monitoring services in the event of an emergency; and WHEREAS, in April 2018, the City issued and advertised Request for Proposal No. 18- 04-03 for Disaster Debris Monitoring Services ("RFP") and received two (2) responses, Disaster Program & Operations, Inc. ("DPO") and Tidal Basin Government Consulting, LLC. ("Tidal Basin"); and WHEREAS, DPO and Tidal Basin both represented to the City that it possessed the requisite qualifications, expertise and licenses to perform all necessary work in connection with the services specified in the RFP; and WHEREAS, on May 17th, 2018, via Resolution No. 2018-2824, the City Commission awarded the RFP to, and authorized the City Manager to negotiate and enter into a three (3) year Agreement with, DPO as the primary bidder and Tidal Basin as the secondary bidder; and WHEREAS, the original Agreements provided a one (1) additional two (2) year renewal option; and WHEREAS, the City Manager, being satisfied with the services provided by both DPO and Tidal Basin, exercised his authority and renewed the Agreements; and WHEREAS, the City Commission now wishes to ratify the First Amendments to the Agreements with DPO and Tidal Basin, thereby renewing the terms for an additional two (2) year period, commencing June 29, 2021 and expiring no later than June 29, 2023, attached hereto as Exhibit "A" and `B", respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of First Amendments. The City Commission hereby ratifies the First Amendments to the Agreements with Disaster Program & Operations, Inc. and Tidal Basin Government Consulting, LLC., thereby renewing the terms for an additional two (2) year period, commencing June 29, 2021 and expiring no later than June 29, 2023, attached hereto as Exhibit "A" and `B", respectively. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2021 First Amend to Debris Monitoring Agmt Pagel of 2 Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day o arch 2021. George H. Scholl, Mayor ATT T: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Maut io eta cur, CMC, City Clerk ,_Fdward A. Dion, City Attorney Moved Seconded by-. Vote: Mayor Scholl _!!�Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama es) (No) Commissioner Viscarra (Yes) (No) R2021 First Amend to Debris Monitoring Agmt Page 2 of 2 NNY,S`�� e City of Sunny Isles Beach t 18070 Collins Avenue " Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall °c,rr F{,° ' (305) 949-3113 Fax PF 54 MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Evelyn Rodriguez-Plesa, Assistant to the City Manager DATE: 3/18/2021 RE: Ratifying Contract Renewals for Disaster Debris Monitoring Services and Financial Recovery Assistance RECOMMENDATION: This item is presented for your approval REASONS: In April 2018, the City issued Request for Proposal No. 18-04-03, Disaster Debris Monitoring Services and Financial Recovery Assistance (RFP), to secure the services of a qualified contractor to monitor debris removal and assist the City in financial recovery from other governmental agencies with jurisdiction over reimbursements in the event of a disaster. Subsequently, on May 17, 2018, the City awarded the RFP to a primary and secondary contractor (Resolution No. 2018-2824). The contractors awarded were as follows: Primary: Disaster Program & Operations, Inc. Secondary: Tidal Basin Government Consulting, LLC In an effort to have contracts in place before hurricane season, these contracts were renewed for one (1) two-year term in accordance with the original agreement. Approval for ratification of these contracts is requested. ADDITIONAL INFORMATION: These agreements will be activated only in the event of a disaster which requires these services. 11h111C10610111:19NP The City maintains an emergency fund that will be used to fulfill this agreement if needed. Expenses related to this agreement may be eligible for reimbursement by FEMA in the event of a declared state of emergency. ATTACHMENTS: Description Resolution First Amendment- DPO First Amendment - Tidal Basin Item Number: 10.D. 1,J j 1 1 i1 FIRST AN1ENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SI,INNV ISLES BEACH AND . DISASTER PROGRAM & OPERATIONS. INC. , " CONTRACT NO. 6835-095 This First. Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and DISASTER PROGRAM & OPERATIONS, INC. ("Contractor"), executed this; � . day of 12021, is made a part of the original Agreement ("Agreenient5) dated June 29, 2018, between the City and Contractor, a copy of which is attached hereto as Attachment "A", whose Federal Identification ## is 47-3936181. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective June 29, 2021, the Parties hereby wish to renew the Agreement for one (1) two-year term in accordance with Section 1.4 of the original Agreement, as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference. 2. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited, Contractors must certify that the company is riot participating in a boycott of Israel. Any contract for goods or -services of One Million dollars (S 1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Fnergy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel, Contractor must submit the certification that is attached to this agreement as Attachment "13", Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt. of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135, 3, E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provider that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify systerll, Florida Statute 448.095 further provides that ii'a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system f"or all existing and new employees hired by Contractor during the contract term, Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). `1'o enroll in E-Verify, employers should visit the E-Verify website (ttttps:,;'wwti ,C-verify,�ovlctnploycrsrcnrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached. E-Verify Affidavit, attached hereto as Attachment "C" 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement bemeen the parties dated June 29, 2018 shall remain in fall force and effect. 5. ' CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendinent shall prevail and be given superior effect and priority over any conflicting or inconsistent tenns, statements, requirements or provisions contained in any other document or attachment, including bat not limited to Attachment "A", "B", and "C" IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: DISASTER PROGRAM & OPERATIONS, INC. Signature BY: Signature Ester Bello Print Name ATI CMC City Clerk Page 2 Print Name, As its _ Gabrielle Benign! CITY FS f NY ISLES BEACH BY: George E. Scholl, Mayor APPROVE"WO FORM AND LEGAJU FICI NCY BY. Edward A, lion, City Attorney ZP� Attachment "A" Original Agreement AGREEi1f EN BETVIfH 1+:M1 '1'H Hr C.'1'1' ` OFS1;11V1 `fit! ISLE,4 BE EACH S Al' D D1SAST.> R PROGRAM & OPERA ONS..INC. CONTRACT NO.6835-095 TITS CONTRA JAI, JAI, ACftlf.l+',11�IJ-'N (hereinafter referred to as the :&areement") is made in duplicate. this 28 day of; 2018, by and between the CITY OF STILT y ISLFS BEACH, Florida', (hereinafter referred 'to as "Citjr'), and DISASTER PROGR-4M OPERATIONS, INC.. a corporation authorized to del business in the State of Florida (hereinafter referred to as �6C:onsultant") ti%-hose Federal 1.1). A is 47-3916191. RECITALS WHEREAS, in response to the City`s Request for Proposal (RFP) Flo- 18-04-03), and Resolution No, 2018-` 8 4, a primary Consultant was selected for ernergenoy € ebris inormoring and financial recovery assistance for the City ('-Services"); and %VREREAS, Consultant has expre,5ed the ability and desire to provide these Services, as more particu larly described in Attachment "A". a COPY 01* antic h. is attached hereto_ and WHEREAS, the total amount to be paid lbr the Sorvilces is on a unit price basis- in accordance with the Vee Schedule: as more particularly_ describedin Attachrncnt;;A11 NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as Fullows, LL RVIC:iTALS. The Rec-itals set forth above are hereby incorporated into this Agreement and made a part hereof for reference_ In addition, the following documents are hereby incorporated by reference and made hart of this Agreemeni: G) Specification and Proposal Doeumeats prepared by the City for Disaster Debris lrlonitoring Services & Financial Recovery Assistance, UP NO, 18-04--01. ii Resportse to RFP No. 18-04-03, prgarcd by Cunsuli.€nt, a copy of which is attached hereto as Attachment "A" and incorporated herein bkr refercttcc.. All I,xhibits are collectively referred to as the °'Contract Docuntcrits". 1.2. SERVICES. Consultant shall provide Disaster Debris Monitoring, Services Financial Recovery .Assistance as the primary Consultant for services pursuant to the terms Land conditions sct forth in the Request for Proposal 18-04-03 and AttachmentConsultant shall perform the Services under the general direction of the City and shall furnish all labor, nnaterials, supplies. cquiprncn(, supervision and SA:rviccs necessary for and Incident co the performance of the Services, e ecpt as otherwise noted in t]-te spa:cilkations. B_V signing this Agreenrient_ the Consultant represents that it thoi-OLIghly reviewed the Contract I}ocurnents incorporated into this Agret ntcnt and that it accepts the Services and the conditions under which the Services are to be perfunned . 1_3. QUALIFICATIONS, Consultant and the individual catecuting this Agreement on behalf of Elie Consultant warrant to the City that the COnsttl(ram is a Fluridat corporation duly constituted and authorizO to do business in the !state of Florida, is in good standing and that the 6535-0')'i D15As,rrR 1' OGRAMS Fa OPFRATIONS. INC. Q.v <f.Sunnv hvies Reach 18070 Collins Avcturc. Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-31' i 3 Fax Consultant poswsse5 all of the required I leenses and certificates of competency required by the State of Florida avid Kam -]-Dade County to per['orm the services herein described_ 1.4. TERM. Subjecd Lo t11e provisions relating to the termination of this Aareenientas set forth hercundcr. this Agreement shall commenCE upon execution of this; Agreement by boLh parties and shall he for an initial term of three (:3) year with the option to renew the Contract for one (1) additional two (2) year period, far at LOtal of five (5) years_ Services tinder this: Agreetnum shall continence upon the issuance of Notice to Proceed from the City i\4anaecr or designee. L-5. C:O PENSAT10N. Consultant acknow led gccs that this is a3 contingent scrvi+ces contract and that no payments will he made or due from the City unless Consultant is specifically engagged by the City for a specific cmergency. All payments to be made hereunde-r shall be paid in accordance with the 1`ee Schedule contained in Consultant's Response to RC(ILICSL for Proposal, 18-04-03. alLached hereto as AttachnlenL '-A" and incorporated herein by reference_ All invoices and payrntents shall be for Scrviccs completed pursuant to this Agrecmint aller submission of invoices to the City. All invoWes shall be: Submitted in accordance with (tequest fnr Proposal. l8- 04-03. The City will pay PI'Operiy submitted invoices within thirty (30) days of recOpt, for completed and accepted Services, unless the City notifies the ConSLLltanL in writing o['the dispute, before the payment is due. Invoice format and documentation should be acceptable for (i INIA reimbursement, The City will not pay andlor reimburse any additional cast:; including, but not limited to, travel, mileage, lodging, meals, and other travel and subsistcnec expenses. The Consultant should Submit reRularr invoices for no mare than 30-day periods_ Invoices will he subject to verification and approval by the department rcgLrestingr the scarlet. The City s performance and obligation to pays under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. The Consultant shall make no outer charges to the City for supplies, labor, taxes, licenses, permits, overhead or any otherexpenses or costs unless any Such cxpertsc or cost is incurred by Consultant wiLh the: prior written approval of the City. If the City disputes any charges on the invoices, it tnay make payment of the uncontested amounts and withhold paymenL on the contested amounts tuitil they are res€ lved by agrer�ment with Consultant. There arc no rchnbursable expenses associatctl with this Agrecincnt, 1.6. TIME IS OF THE ESSENCE. All parties agree that time is o[' the csse<nce. The Consultant must provide sufficient equipment and labor, based on the magnitude of the disaster and information from damage asscssmcnts. necessary to nie:ct ffic City`s time:line:s as follows; 1) monkoring the primary rights -of' way Within 24 hours. of receiving the task order, 2} monitoring that the removal of debris is started within 48 lurttrs € Freceiving the task order_ and 3) monitorinv that removal of dehris must be underway in all z€ones !within 70 hours. 1.7. IiNDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this. Agre urnent or aay action Of iltc parties shall be construed to constitkatc or to render the Consultant an employee, partner; agent, shareholder, officer- or in any other capacity other than as an it tclependenr Consultant other t1,an those obligations which have been or shall [lave heen Undertaken by the City. ConsLtllant shall be responsible for any and all of its own expenses [[rf G8'35-095 D[S.ASTER PROrjRANiS & ()RF.RATns ;"S, I,4C. City ofSuntly Isles .Leach 18070 Collins Avenue, Sunny isle,, Beacli_ Florida } s160 (305) 947-0606 phone (305) 949-3 113 Fax performing its duties as contemplatcd under this A! !roumcnt. The City sliall not be responsible lbr any expense incurri'd by fhe Consultant- The City shall have no duty to wtthbold any federal incumc -taxes Or -pay Social Security services and that such obligations -shall be that ref` the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it deten-nin€s necessary in carry ingout its duties under this Apreement. 1.8. 030t NERSHIP OF DOCUMENTS AND EQLITPME.NT. All docLtrnent5 prepared by the Consultant pursuant to this Agreetnent and related Services to this Agreement are. intended and represented fbr the ownership of the City only. Any oLht:r usc: by COnSLIltitnL oruthc-rparties shall be approved in writing by the City. if requested, Consultant shall deliver the documents to the City within fi I'Leen (15) calendar days. 1.9. INSURA`JC K. Consultant Sliall, at its sale crest and expense, during the Ferlod o[any work being perl'ormed under this Agreement_ prOcurc and maintain the IblloWirtE* rtiitutntLml insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused hV CollsulLant, its a'ents or employees, as indicated below. J C€ rnprehen dve General liability insurance, including broad lbrrn contractual liability coverage for all operations, including bo not limited to.. contractual, products, and completed operations, personal injury and prupe-rLy damage liability With minitrlurn limits of One Million Dollars ($1,000,000) per occurrence- F7 Workc-r's Compertsation and employer's liability coverage", as rcq,u and pursuant to Florida lacy. ❑ Bu51nCSs Atatomobile Liability which shall include coverage for all owned, non- owiled and hired vehicles for m inimuni limits Of nctL less than One M-Lilion Dollars (V,000.000) per occurrence. ❑ Fin}ft5Si0nal Liability Insurance inClLtdirtgErrors and Omissions with mints urn limits of One Million Dollars ($1,000,000.00) per occ.ttrrence- insurance rcquircd of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consuliant`s indemnification and obligations herei]nder. The insurance palic.y shall be issued by companies authorized tD do business under the laws cif the State of Florida and acceptable to the City with a minimum A.tM. 13est rating of A -Excel lent. Before any work tender Lhis .Agreement is perronned, and aL any time upon requt St, Consultant sliall furnish to the City certificates of insurance evidencing the minimum ruquired coverage and shall be appropriatcly endorsed for contractual HabiliLy. with the City named as additional insured- All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in fortes and issued by insurance compaties acceptable to the City Manager or his designee_ All insurance policies and uertificams Of insurance shall provide that the policies may not be canceled or altered without thirty (:30) days. prior written notice to the City. C.onSL%ltanL shall also require and ensure that each of its sub- 6935-095 DISASTER PRL1t RAMS & OPERATIONS. INC. City qf Sunny Ivlev Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 3160f (305) 947-0606 phone (:305) 949-311 } Fax Consultants providing services hereunder (if ally) procures and maintains, until thecompletion of the services, insurance of the types and to the limits specified herein, ANY EXCEPTIONS TO THE iNSUPUNCE REQUIREMENTS fN THIS SEC7-ION MtfS-I' Ill. Al'1'R(WED Ills WRITING BY THE CITY, 1.10. TERMINATION AND REMEDIES FOR BREACH.. A. The Consultant agrees that the up€m receipt €7f the Notice to Proceed (Ni TP) from the City Manager or € esignce, the primary Consultant will have twelve (12) hours to contact the City in resp€rose to the. NTP and twenty-four (24) hours to subs(wially mobilize or begin perlormance under Lhe. terms Or this Agr€:ernent. The City reserves the right to pursue secondary Consultant for Services ifprunary Consultant Either fails to mobilize or begin performance ender the: terms € r this Agreement. If, through any cause withinTrcasortable control', the Consultant shall fail to [IL11111 in a limely manner or € Lherwise v olate any of the cOvenants, agrcxrmcnts or stipulations material to this Agreement, the City shall have tite right to terminate the Services then remaining to be performed, prior to the exercise of its option to terminate lbr cause, the City shall nOLi FY the. G`ansultant Of its vilotation of the particular terms of the Agreement and grant Consultant= (10) dates to cure such default. If the default remains uncured after ten (10) days the City tray terminate this Agreemcnt. If Consultant fails, refuses or is unable to perform any term of this Agreement; City shall pay for services rendered as of the daLe. € ll' termination, i In the event € f tcnnination, all finished and unfinished ctOe.urncnt.s, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisFacLorily perliorrncd prier to the date ofterntinatioll, B. Term-ination for Convenience of C ltv. The City may, far its convanience and without cause terminate the Services then remaining to be perfQrnled at any time by giving Consultant ten (10) days wrium notice. In the event Of sttch a tcrinination without cause; the Consultant shall he compensated for all services perfcrnied to the CiLV'S �,a.tisfactlorl and prior to (cmililat'lon. Upon receipt of the notice of termination for convenicncc, Consultant Shall promptly discontinue all work and, to the extent indicated on (lie rimice. of termination; shall tenminate all ouLutaading. subcontracts and purchase orders as they miatc to the terminated portion of the ComracL, shall refrain from placing further orders and/or contracting with uhConsultants, and shall complete any continued portions of the evade. The terms of Paragraph 1,11 A(;) and A(ii) above shall be applicable hereunder. C;, Termination for Insolvency. The City also rewn-e5 the right to terminate the remaining, Services to be performed in the went the Consultant Is placed either in voluntary or involuntary batnkrupicy or makes any assignment FOr Lht: benelit sal,' creditors. 0a54)9i DISASTRR. NRI)QR.kM$ &Gpr,RaTnQN;,$, rein, 4 Cht j of Sunny Isles Beach 18070 Collins Avenue, Sunriv Isles Beach, Florida ".160 (305) 947-0606 phone (305) �49-311'3 Fax 1.11. GOVERNING LAW AND ATTORN-ENPs }+. rES. It is agreed that this L'�gmemcnt shall be governed by, construed and Cnl'orced in accordance with the laws of the State of Florida.. VenLit for any legal proceeding shall be in Miami Lade County,, Florida. in thC e.vtnt L beeo.rnes necessary for the City to file a IRWSuit to enforce any term or provision under this Agreernentand the City is the. prevailing paroy then the City shall be entitled to its costs and attum y`s flues at the pretrial, trial and appellate lcyvls. 1.12. CONFIDENTIAL iNFORt'ui.ATION,' The Consultant shall that. either daring the term of this Agreement or any time far a period often (10) }'ears. subsequent to that date upon which the C 0nsuI[an t 0 a I I leave the ern Rloyrnmt of the City for any reason whatsoever-, discliose. to any person or Cntjt , other than in the discharge ol'the duties of the Consultant Linder this Agreement, any information which the C_:ity designates in writing as "confidential." As a violation by the Consultant 01,010 provisions of this Section could cause irr}eparabit irjury to the City and there is no adequate remedy at law for such violation, the City shall have €lie right, in addition ten any other remedies. available to it at later or in tgrrity; to enjoin the Consultant from violating such provisions. 1.13. JURISDICTION,'t-TNUE AND WAIVER 0Y.MMY TRIAL. This Agreementshall be interpreted -and construed in accordance with and Governed by the laws of thy. State; o(`Florida.. All parties agree and acctpt that jurisdiction of any dispute at' controversy arising, out of this A2reernent, and any action involving the enforcement or interpri;tation of any rights hereunder s}rail.be hrouuht,ex01usiwely in the Fleventh Judicial Circuit in and for 41iami Dade County, l'lorida, and venue for lit! -avian arising out Of this Agreement shall be eXcltrsiMy in such state coon; ftrrsaking any otlier jurisdiction which either party may claim by virtue of its residency or other jurisdictional dcvicc, In the event it beconnc:s necessary for the City to file a la«�4uit to enforce any term err provision under this Agreement and the City is the prevailing party then the City shall be cntt'ik d ter its costs and attonney's fees at the pretrial, trial and appellate levels_ BY ENTERING INTO TI I I5 AGU-'L41LNT, CONSULTANT AND CITY HEREBY EXPRESSLY WAiVE ANY RIGHTS EITHER PARTY MAY 1-IAVE TO A "TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENIT. Nothing in tlni% Agreement is intended to serve as, a waiver of sovereign immunity, or of any other immunky, defense, or privilege onjoyed by the City pursuant to Section 768.28; Florida 4tatutes, 1.14, NOTICE& Alt notioes and other comrnunicatiom recl,uired or permitted to be given under this; .Agreement by either partytn the other shall be [it writing and shall be sent (except as oflierwisc provided herein) (i) by uerti(ied or registered mail, first class postage prepaid, return receiptreyues;ted,.(ii)byguarimteedovernightdel ivery byanationallyrecogniz. dcour%erservice, or (iii) by facsimile with confirmation receipt (Mth a Copy simultaneously sent by certi(itcl or registered mail, lwm Class poslagi� prcpstid; return receipt requested or by overnight deliver, by traditionally recognized courier service), addressed to such party as follows: 6835-095 D)5A5TFR PROGfcAM$ & OPEKATIONS,1,1C. City of Sunny Isles Beach 18070 Collins AVMIe, Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Jlf to the City: Christopher J_ Russo With a copy to: City Manager .Hans Ottinoc City ofSun ny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Ranch Fourth Floor 18070 Coltins Avenue Sunny J9les Reach, Florida 3 3100 pourth Floor Tcl: (305) 792- t 776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Gabrielle 130niL7rti v Consultant: President Disarstcr Program & Operation's, Inc. 10033 Sawerass Dr. W Ste 121 Pointc Verde Beach, Florida 32082. Tel: (561) 436-3383 gheniu an andc�-com 1.15. PUBLIC RE -CORDS. The Consultant shall be required to comply with the following requirements under Florida's Public -Records Law: (i) Consultant shall keep and maintain public records required by the City to perfon-n the service:. (ii) Upon request from the City, Consultant shall provide the C.it}' with a copy of the requested records or allow (lie rccords try be inspected or oopied within a reasoriable tirltC zit a Cost that flocs not ckccccl the cost provided by Chapter 119, Florida Statutes, or as other wrise provided by lain. (ii i) COMLItant shall ensure that public rccords that aa,, exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the cnntracd term and fall(MinS WnipletiOn c)l'the contract if the. Consultant does riot transfer the records to the Cl(y' (iV) CcrnscllUM shall, upon corrtp]ctiurr of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public re�c.urds recluiFod by the City to perform the service.. If the Consultant transfers all public reeDrds to the City upon compl,mon of the contract, the Consultant shall destioy any duplicate public records Lhat are exempt or confidential and e.xei-npt from public records disclosure re quirc;mc[tts, If the Consultant keeps and maintains public records upon completion of the contract, the Consultant sliall meet all applicable requirements for retaining public records. All re.c.ords stared electronically must be pmvidud by Consultant to the City, upon request from (lie City, in a format that is compatible with the infOntnatiOn tec;17111010gY systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE AMILICATION OF CHAPTER 11,91 FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTFCACT, CONTACT THE CITY' 8 CUSTODIAN OF PUR LIC 6$aw-095 DISAS-FrR PRQQRAM9 & OP FA ATIONS, INC, M City of Sunny- Isles Beach 18070 Cullins Avenue, Sunny Wes. Reach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax RECORDS AT (305) 792-1703, CityClerk a sibfl.net, 18070 Collins Avenue, 41n Floor, Sunny Isles Beach, Florida 33160. 1.16. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STALIDA S ACTT SET 1{C1HU-11 IN 29 C.F.R. 5,5.5(b), The Consultant is required to comply with the following if this Agreement exceeds .51007000: (l) Overtime requirementG- No Consultant or subf;:on5ultantcontracting forany-partof this Agreement which Mary recI LLire or invol ve the cmpioyment al' laborers ormcchanics 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 cif forty hours in such wuorkwweek unless SLLch IaLborcr or mechanic receives compensation at a rate not less than one and one -haft times the basic rate of pay for all hours worked in excess of ftxrty hours in such workweek. (2) Violation: IiabiIitvfor unpaid waves: Iiguidated+darnp es- in the event of any violation of the clatLlse set fonh in paragraph (1) of this SULion tltc Crunsultarit and any subC:onsultant responsible therefor shall be liable for the unpaid wages, in additVil,:nuc:h Consultant and suhConsultant shall be liable Lo the. United RaL+es (in the ease ofwork done under contract for the District of Columbia or territory, to such District orto such territory), for liquidated damages- Such liquidated damages shall be conlpLLteid wiLh rewpec-t to each Individual laborer or mechanic, including watchmen and guards, cmplo (� d in violation of the clause set falth in paragraph (1) of this section; in the RIM Of $10 for eaLCII calendar day on which such Individual was required or perrtritt4d to wotk In. excess of the standard workweek of fort), hours without payment of the clverLimu wages required by the cla LISE; scL forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated dainagg-%. The City shall upon its OWn action or upon wriRcri reciLlcst of an authorized representative of the Department of Labor withhold or Cause to be withheld, from ail nioneyq payable on account o[ work- performed by the Consultant or wubConsultanL under any such Agreement or any other Federal Agreement with the same prime Consultant, or any rather federally -assisted Agreement subjec-t to Lhe Contract Work Hours and Saibt + Standards Act, which is held by the satne prime Consultant, such sums as may be determined to he necessary to satisfy any liabilities of such Con,,LLIWIL or AubCorisultaint for unpaid wages and Ii(ILtidated damages as provided in the clause wt forth in pai-agrallili (2) of this nectiron. (4) Subcontracts. The Consultant or subConsultant shall insert in any suhcontracts the clauses set forth in pairagnLph (1) thrOLlgh (4) ol'this scctlon and also a clause requiring the svbt.:onstLltants to inclt.Lde these clauseS in any lower tier subcontrticLs. The prune CcrnsulLant shall be responsible for compliance by any sub(lonsultant or Icnver Lier stLbC:oiisultant Mrith the clauses set forth in paragraphs (1) thcoueh (4) of this section." 6U15-095 ErlsASTPR PROGRAM15, & OPRRATCON. INC. 7 City of Sunray Isles Beach 18070 Collins Avenue, Sunny Nle.q Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.17. COMPLIANCE WITH THE COPELAND ANTI -KICKBACK ACT (1) Consultant. The C.ansLrllanL shall comply with l8 U.S.C. § 874, 40 17-S-C- § 3145_ and the requirements of 29 C.l:.R, pt. 3 as maybe applicable, which are incorporated by reference into this Agreement- (2) -Subcontract,,- The Consultant or subConsultant shall insert in .any subcontract-, the clause above and such other clauses aS Lhe FEMA may by apprupriato nstruct-OOHS require, and also a clause requiring - the subConsultants to include theseciautses in any lower tier subconLMCLS, The prime CC)n%Llltant shall be responsihle far the cornplianec by arty Sub Consultant or tower tier subConsultant with all of these ccrtttract clauses, (3) Breach- A breach of the above clauses in Lhis Agreement may be grounds for termination of the Agreement, and for debarment as a Consultant and subC:onsultant as provided in 29 C.F,R. § 5.12. 1.118. CLEAN AIR ACT ANDTHE FEDERAL WATER POLLT]T ON C.'C}iti TROLACT. AgrccmcnIS in C-kCCSS of $150,000 shall agree to comply with all applicable standards: orders pursuant to the Cl can Air Act (42 11-S-C. §5 7401-7671 q) and the Federal Water Pollution Control Act as amcnded (33 U.S.C. §§ 1251-1387). A. Clean Air Act (1) The Consultant agrees to comply with all applicable standards; orders or regulatiorlS issued pursuant to the C.lcan !fir Act, as armcnded. 42 U.Q.C. § 7401 et Seel_ (2) The Consultant agrees to report each violation to the City and Lmderstand's and agrees that CiLy will. in turn, repast each violation aS required to assure notificat flti to (fie State of Florida, federal Emergency Management Agency, and tilt~ appropriate Environmental Protection Agency Reg-innal €}flice. Q) The Consultant agrees to include these requirenient5 in each -subcontract exceedin S 150,000 financed in whole or in part with Fcdcral assistance provided by F11MA- R. Federal rater Pollution Conlrol Act (1) The Consultant agrees to comply with all applicable standard's, orders or regulatianS issued pursuant tO the Federal Water Pollution Contrul Act, as amended, 33 U-S-f- 1251 et seq- (2) The C:on5ultant agrees to report each violation to the City and understands and agrees that the City will, in nlrri, report each violation as required to assure notification to the Statc of Florida, Federal Emergency Management Agency, and The appropriate Environm€ntal Pivection Agency Regional ' Office_ 6835.49'.5 Dl';ASTF.R 1'ROGRANAS & LJI't1L•'t'l'1Ut15- INC. 8 City gfSunnry lslev Beach 18070 Collins Avenue, Skinny Isles Beach, Florida 33160 (305) 947-0606 phone (105) 949-3113 I`ax (3) The Consultant agrees to ineludc these requirements in each subcontract exceeding $150,000 financed'in whole or in part with federal assistance provided b�, FENI-A. 1.19, EQUAL EMPLOYMENT OPPORTUNITY, During the porlbrmance al' this Agreement, the Consultant agrees as follows- (1) The {consultant will not discriminate against any employee or applicant for employment because ol'r-ACe_ color, religion, sex, sexual orientation; g-ender identity, or national origin. Tlie Consultant will take affirtrlative action to ensure that applicants are einploycd, and that employees are treated during employment Without retard to theirrace, color. religion, sex, sexual orientation. tender identity..or national origin. Such action shall include, but not be limited to the Following: employment, upgrading, detno�tinn, or transfer: rCC ru 1 Ime rtt ar reCruitmont advcrtIsing; layoff or terminaclon; rates o]'pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants [or employment, notices to be provided settint forth the provisions of this nondiscrimination clause. (2) The Consultant will; in all solicitations or advertisements for employees placed by or on behalf' of the Consultant, state that all. qualified applicants will receive consideration for etnptoyment without regard to race, color, religion, sex, sexual orientation; gender identity, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a c.ollectivc bargaining agreement or other contract or understanding, a notice to be provided advising the: said labor union or workers' representatives of the Consultant's curniniLille nts under this section, and shall past capics ol'thc notice in conspicuous places available to employees and applicants for employment. (4) The Consultant wit] comply with all provisions of k.xecutive Order 11240 of September 24, 1965, and of the rules, regulations, and relevant orders of the secretary oi' Labor. (5) `lice Consultant will funlisli all information and reports required by ExecuLive Order I I246 of September 24, 1965. and by rules, rcgulaiions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books; records, and accounLs by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders- (6) In the eventorthe Consultant's noncomphancc with the nondiscrimination clauses ofthis Aereetnent or with any of the said rules; regulations, or orders, this contract may be canceled: term1mated, or suspended in whole or in part attic; the Consu Itant may b declared ineligible foi' 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 invokcd as provided in Executive 683sdt95 D1SA;Tr.R PROGRAMS &- 01')_:RATION S. IN'C. P] C'iryof',Scrnn,w Isles Beach 18470 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 94M606 phone (303) 949-3113 Pax Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise pruw+idcd by law. (7) The Consutlt,tnt will include the portion of the sentence immediately preceding paragraph {1) and the provisions of paragraphs ( 1) through (7) in e� Cfy subcontract or purchase order unless exempted by rules; ruuulaticros; or orders ol'the Secretary ol'1labur issued pursuant to section 204 of Ex.ccutivc Order t t246 of September 24, 1963, so that such provisions -vi 11 be binding upon each subConsultant or vendor, The Consultant will take."itch action with respcc-t to any subcontract Or purchase carder as the administeriq agency may direct as a means of enforcing such provisions, including sanctions for noncompliance, pmvided, however, that in the event a Consultant becomes involved in, or is threatened with, liii-ation with a subC:onsultant or vendor as a result of such direction by the administerinu auevcy, the Consultant may request the United States it) enter into such litigation to protect the interests of the United ."Mates. 1.20. SUSPENSION AND DEBAR)b1ENT. Durum the per[lormance of this 1+ gmetnclit, the Consultant aarccs as follows, T (1) This Agreement is a covered transaction 11or purposes of'2 C.F.R. pt. ISO and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant; its principals (defned at 2 C.F.R. § 180,995}, or its ai'liha[es (dclincd at 2 C.F.R. § 180 05) are excluded (defined at 2 C:,F_it_ 180.940) or disqualified (defined at 2 C.F.R. 180.935). (2) The C0115ttl[ant must comply with 2 C -F.R_ pt. 190, subpart C: and 2 C.F.R. pt. 3000, Subpart C and must include a rcquirt;nient to comply with these regulations in any lower tier covered transaction it enters into- (3) This certification is a material representation of fact relied upon by the City crf Sunny Isles Beach. 11' it is later determined that the Consultant did not comply with 2 CA'.R_ pt. 190, subpart C and 2 C~.11',R. pt. 3000, subpart C, in addition to remedies available. to the City of'Sunny Isles Beach, the Federal Goycrnmu"nt may pursue available remedies, Including. but trot limited to suspension and/or debarment. (4) Tho bidder or proposer agrees to comply with tlae requirements of 2 C.V.R. pt. 180, subpart and 2 C.F.R. pt. 3000, subpart C while this offer is vali€1 and throughout the period of any cOnUlact that rna;. arise frarll this offer. The bidder or proposer fuillier agrees to include t1 prtivson requiring such compliance in its lower tier covered transactions," .1.2L BY.RD ANTIC-Jl.O 13YING At'w)fFIND147ENT. Consultants who apply or bid for an award of S 100,000 or more shalt (Ile tht rtquirctl cortit cation. Each tier certifies to the tier above that it will not and ha; riot used Federal appropriated funds to pay any person t}r organization for infittencinv or attt-Mpting to iniluonce an oflicer or cmployce of any agency, a member of Congress, officer or employee of Congress, or an employee of a rncmbc;r of Congress in oonnection. with obtaining any Fcderal contract, grant, or any other award covered by 31 U.S.C. 6�3 09.,9 1)18AST",R PROC,RAinIS & OPf,RATION-S: N, (-. 10 City of Sunny IvIe► Bench 18070 Collins AvCnuc. Sunny Isles Beach, Florida 3 2) 160 (305) 947-0606 phone (305) 949-31 13 Fax 1352. Each tier shall also disclose iTty lobbying with non -Federal I'unds (hilt takes place in connection with obtaining any Federal award_ Such disclosures are Forwarded from tier to tier up to the recipient. 1,22. PROCUREMENT OF RECOVERED MATERIALS. In the perfornianc-e of this Agreement, the Consultant shall make maxi[mrn) use OfprodLrcts containing rccovcrcd materials tliat arc EPA- designated items unless the product cannot be acquired: (1) competitively within a titneframe providing for compliance Nvith the Agrecnlcrit performance schedule; (2) meeting Agreement performance reyuirenients; or (3) at a reasonable price. 1.23. AU DYI'_ The Consultant shall make available to the tarty or -its representative a]I rquired financial rceords associated with the Agreement For a period of three (3) years. 1.24. NON-DISC'RIMINATION. The Consultant afire -es to comply wHi all local and state civil rights ordinances and with Title VI of the Civil lights Act of 1984 as amended, Titic Vill of'the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amencled. Section 504 of the Rchabilitmion Act of 1973. the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orden, 11375 and 12086. The Consultant will not discriminate against any empIo}gee or applicant for etnploytnent because of race, color, creed, religion, ancestry; national origin; sex; disability or other handicap, age, maritalffamilfal status, or status with rcgard to public assistance. The Consultant will take affirmative action to insure that all cmploymmt practices are free front such discrimination. Such employment practices include but are not limited to the following, hiring, upgrading, dcrnotion, trariStCr, rccruitmo nt or recruitment adverLising, layof'1. terinination. rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agyree5 to post in c.OnspIULOLLa places; available to einployeew and applicants f'or employment, notices to be, provided by the City selling ibrih the, provisions of (his non- discrimination clause. The Consultant agrees to damply with any federal regulations issued pur;;uant to compliance with Section 504 of the Rehabilita(ion Act of 1973 (29 U.S.C. 70$), which prohibits diseriininatiDn against the handicapped in any federally assisted program. 1,25. C;ONFl,l(','[' OF JNTFI'k EST. The Consultant agrees to adhere to and lie k verged by the Miami -Dade CuLInty Conflict 01' InWrest Ordinance Section 2-11.1.. as amcttded; and by C'liapter 33 cf the t;ity of Sunny Isles 13each Code of Ordinances, which are incorporated by reference herein as if fully ,et forth herein, in connection with the Agreement conditions hereunder, The Cons uItant covenants that it presently has do interest said shall not acgLi, ire any. in(crest, directly or indirectly which shouId conflict in any manner or dcare e with the perforrnTanc•e of $ervic•es tinder this Ag"ment. The 0)nsultan( further covenants that in the performance cal, this Agreement, no person having any such interest shall knowingly be employed by the Consultant, The Consultarll guarantoos that he/she has not offered or givon to any member of, delegate to the Conuress of the i.ltiited Skates; any or part or this contract or to any btmefit arising therefrom, 6835.095 DIMSTER PRDORAM5, OPER,ATiO S, I Nk C. Giv of Sunny A/6'y' Beach 18070 Collins Avoilue; Senn; tsleti F3each, Florida :7 i 160 05) 947-0606 phone (305) 949-3 113 Fax 1.26. INDEMNIFICATiON AND WAIVER 01,' I lABIL1TY, To the fullest extent permitted 4yr law, (lie Consultant agrees to indemnify rind hold-harmle45 the City, its agents, representatives, officers, direc-tors, offioials and employees from any claims. lkabllItics, datrnages. losses and costs, including. but not limited to, rea wilable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or Omission of the Consultant or persons employed or utilized by the Consultant in perfonrrance of Sendces under this Agreennent. ConstLItant shall at all times hereafter indennrnify, hold harmless and, at the C:ity's option_ defend or pay for an attorney selected by the City to dcic.nd City, its agents, representatives, officers. directors; officials and employees from and against any and all causes of action, demands. clairns, losses, liabilities and expenditures oi'any kind. including fees, cc ttrtuists_ and expenses_ caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant, including these cal' their employees, agent;; servants; or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without lirnitation.:tn:v Ind taII claims; losses, liabilities expenditures; demands or causes of action of any nature- whatsciever resulting from injuries or dan3ages sustained by any person or property. In the c cnt any lawsuit or other pro cceding is brought against City by reason of. any such claim, cause of aetio.n or deniand. Consultant shall, upon written notice froin City, resist and del'trid such laWSttit Or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expirat on or earlier terrttination Of this; Agreement. To the extern cunsidered neon -scary by City; any Stan due Consultant under this Agreement may be retained by City until all ci'Citv's c.la,ims tsar indcmn1Fk at or; pursuant to . this Agreennent have been settled OT Other,vise re.5olved; .and any amount withheld shall'' not he sui}ject to pavinent of intcrest by City. The parties agree that One Hundrod Dollars ($100,00) represents specific consideration to the Consultant for the indemnification Set forth in this A,greemont, 1,27. ACCESS TO RECORDS. The following a uc-es5 to records requirements app]Y LU this contract: (1) The Consultant agrees to provide Florida Division of Emergency Managcrncnt. The City of Sunny Isles (leach, the FF_MA Administrator, the Comptroller Ocnet'al of the United States, or any of their authorized ropresentatives access to any books, documents, paper;; and records Of the Consultant which are directly peitinent to this; contrac-t for (lie purposes of tnalcing audits, examinations; excerpts, and transcriptions. �2) The C'.alislrltant agrees to permit any (if the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. () The C:oiisultant agrees to provide the FRIVI A Admiini5trator or Isis authorised t0prCS00tatiV0S access to cottstrtrctiun or othLcr work sites pertaining to the work being completed under (lic cuntract.°' W-13-093 DI S AS I ElL k}loot_ 1A-eV4 S &. OP t<.RM 1 O NSA. INC. 12 C71y of Sunny isles Beach 18070 Coll ins Avenue, Sunny isles beach. I" lorida 3-3160 (305) 947-0606 phone (305) 949-3 [ t 3 Fax 1.28. DR$ SFAL,1,OGO, AN1) FLAGS' The Consultant Shall Flat use the DHS seal(s), logos, crests. or rcpredactions of lags or likenemes of DHS a'ency officials without specific FPMA pre- approval_ 1.29. COMPLIANCE WITH LAW. COnsL[hanL shall comply with all laws, ri glations and ordinances ef'anv federal, state, or local governmental authority having jurisdiction with respect to this 1lgreenicnt ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful eenduct of the activities contemplated under this Agreement, 1.30. COMPLIANCE VVITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowMaernent that FEMA financial assistance Neill be: used to fund the contract only_ The Consultant wiII comply will all applicable Federal law, regulations, executive orders, FEMA policies. pr0C.CdurcS, and directives, 1.31. PROGRAM FRAM) AND FAI.SF° OR .[FRAUDULENT STATEMENTS OR RELATED ACTS, Tho COnSUltant acknowledges that it 1J.5.C:_ Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultantsactions pernaining, to di[s contract_ 1.32. O OBLiGATION BY FEDERAL (_.0VFrtlti M1 N*L The Federal Covernment is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Consultant, or any other party pertaining to any m-alter resulting from the contract. 1.33. C[. NVII.1CTING PROVIS1(}NS, in the event of a conflict between the Contract Documcdts or any ambiguity OF miSSing specifications or instruc•tion5 contained in this Agreement, Request for Proposal 18-04-03. and Cor1541ltant's Response Io Request ['err Proposal 18-04-03. the [irllowing, priority is established: i. This A tr erne]It 11 The tarns and conditions of Rer[L1eSt ['or Proposal 18-04-03. iii_ C:onsuitant's Response. to I�equest for Proposal 18-04-03, attached hereto as Aaachincnt "A". 1.34. MISCELLANEOUS, .A_ In the event any prevision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction; the remaining provisions of tads Agreement shall ncvcrthcless be bindIng upon the parties with the sabre 616C(as though the void OF unenforceable provisions had boon severed and duletGd, B. This Agreement may be CXULItc(l in multiple identical counterparts; each 01,which shall be deemed an orijinaI for all purposes. 6835-095 VIS-ASTER ?XOGNAMS & OP1;KATI()NS. INC. 13 City of Srrnny Isles #each 19070 Collins A venue, Sunny isles Reach, F l )Hda 33160 (305) 947-0606 phone (305) 949-31 l3 Fax C. This Agreement Shall constitute the critire agrcemenL between the parties with respect to c11e subject matter hereol', and it shall supersede all previous and (ontemporaneous oral and written neg,otaations, commitmems, agrcomems and underslandinp relating herelo- D. Arty modification of this Agreement shall be effective only if in wi-itingand sided by the parties to this Agreement. P_ No waiver of any prov. ision of this Agrcerncnt shall be valid or enforcotiblc unless such waiver is in writing and signed by the patty granting such waiver, lRemain der of page intenflonaffp lef? blank] 6R.35.095 DN ASTFIR 11 ROU RA W & OJ'1 RATI( NMI , INt . 14 City of Skll1, IslesBefleh 18070 C6 H q Avc„ r Sunny RQ& Beach, Florida 33160 (30 7-0606 phone ) 9-811) Fax I WITNESS WHEREO\Lhe partivs heretohave £x7ukdthis Agreement Etr/tract onthe -day >pdyear§r#9wdtetno . WITNESS: H»huh Mom[es Print xan e ATTLS.� � / ! \, ,. \ > � � - : ` H 4i \a Hei! Cur, EGE.Ei& C] k BY: Depamnem SQd #gam ;mB* m 70GRAwa4 OSRAI % INC 15 f)JS'ASTKR PROCRA H k OPERATION INC. �&&� amf�w* \ //le /p[R/) nt CITY 0[HONNVISLES REACH 2 z BY: ChH.Smr J J. kLBSO,Ci Manager APPROVED LSTOFORM AND RrGALSUFFICIENCY BY'r 0 SECTION 9. BID SUBMITTAL FORMS • • Acknowledgement of Addcnda ]aid Subrmitsal .Form Qualification 5(a[Gmool CertIfiCs)TeSfi1Cell SP.S1:: LfiSlraliOns References Addendum 1 Financial Statemer.'s assasler Program & Operat ens, Inc. Rq4est for proposals Disastu Debris Monitoring No, 18-04-03 83 o' tw- hr: DELIVER TO: REQUEST FOR ✓ PROPOSAL City of Sunny Isles Beach SECTION f City Clerk BID SUBMITTAL FORMIC OPENING: 18070 Collins Avenue Thursday, May 10� 2 � 8 2;341 PM Sunny Isles Beach, FL 33160 PLFASE QUOTE PRICES, LESS TAXES, FOR THE CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Each is exernpt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of Gene515- Cuevas 04/25/2018 Pages 40+ Sealed bids are subject to the Terms and CondRions of this, Request for Proposal and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporaW by reference: in the Bid Subm ttal, will be reoeived at the office of the City Clerk at the address shown above until the above stated time and dater and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement, RFP 18-04-03 Oisamr Oe>brls Monitoring Services & Financial Recovery Assistance ProcirroemeatAMrtts FirmName., �esis �ue�as i €� ir C,. Commodity G'[r r �� � q%q +Sa S. , 9% -E, Al OCd i (.A' NCA 0,Lq - q q o CC() I Mors; �� . S' i Ce4,S t Ste' lei r S + grfUAN 01yr ELW RONW COP Y f&d SBOAnT OA CO) ONE ORIGINAL AND FQU8 ri�P1rES OF AW"Afy'7"ALPAGESANDAMDAV£I� FAILURE TO SIGN PAGE= 43 OF SECTION 6 BID SLJBNITTAL WILL. RENDER YOUR 810 NOW RESPONSIVE City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 SILT' SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLM PART I OR PART II, WHICHEVERARPUES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEWED Ili CONNECTION wrTH THIS BID PART II: Addendum *1, Dated _ Tr Gnu a . fi w 111cwt Addendum #Z Dated Addendum #3, Dated Addendum #4, 'Dated _ Addendum #5, Dated Addendum 06, Dated _ Addendum #7, Dated Addendum #8, tubed _. NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID Sub P FIRM INAME ibis as `3 rc -i AUTHORIZED SIGNATURE. DAT TITLE OF OFFICER: City of Sunny Isles 6eaeh I Request f6r PrdposalA Disaster Debris Monitoring No.18-04-03 116. SUN 131r BID SIJEMnTAL FORM Bid TiLle: Disaster Debris Monitoring Services & Financial Recovery Ai,ss stance The undersigned Consultant proposes and agree, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the: Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, The Consultants accept all of the terms and conditions of the Advertisement and Instructions to Consultants, including without limitation those dealing with the disposition of Bid Security. hits Bid will remain subject W acceptance for 96 days after the day of Bid opening. The Consultants agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City`s Notice of Award, - In submitting this Bid, the Consultant represents, as more fuller set forth in the Agreement, that: The Consttiltant has familiarized himself/herself with the nature: and extent of the Contract Documents, Work, locality, and all local conditions and Law and Regulations that in any manner may affect cast, progress, performance, or Furnishing of the Work. • The Consultant has studied carefully all specifications and requirements. The Consultant has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Consultant. • This Bid is genuine and not made in the interest of or on behalf ofany undisdosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Consultant has not directly or indirectly induced or solicited any other Consultants to subrtdt a false or sham Bid; the Consultant has not solicited or induced any person, firm or corporation to refrain From Bidding; and. Consultant has not sought by collusion to obtain for itself any advantage over any tither Consultants or over the City. The City and the successful Consultant will establish completion times for each individual Work Item and the successful Consultant agrees that the work will be completed within the time frames agreed upan and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach Request for Proposals Disaster Debris Monitoring No-18-04-03 k. 1 ` i opera-++ CYO , X . Firm Name; 'DS(x �r y J Street Addre5.5: Mailirig Address (if different): Telephone No 6 '12(.o — Fax No. Email Address: �'�PM1�si"C1 [.CL`5 FEIN No. *By signing this document the Proposer agrees to all Terms & Condition Signature; C (Signature of authorited age+n(t)�� Print Name: gbY-1 f-1 k L�m0n, Title' ?a L �,rr 07 SU:t pr• THE EXECUTION OF THIS FORM CONSTi7UFES THE UNEQUIVOCAL OFFER OF CONSULTANT TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WKRE INDICAT€D ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE CONSl1LTANTTO THE TERMS OF ITS OFFER. - City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No.18-04-03%h5`a- Section 7 QUALIFICATION STATEMENT Check one: Submitted By: SAX r -0Gr-crn Qt ex - Corporation Name: ,rlbr Rai cxr% t Partnership Address: loam, ' SCALXA&EL Dr w, SUS-l-e i2t ❑ Individual City, State, Zip ra !fry � __?.�... __ ❑ Other Telephone No. (15(ol Fax No. i. Indicate registration, license numbers or certificate numbers for the businesses or professions,. which are the subject of this Proposal. Please attach certificate of competency and/or state registration. 2. Have you ever failed to complete any work awarded to you? If sot state when, where and why: O. 3. State the names, telephone numbers and last known addresses of three (3) references with the most knowledge of work which you have performed and to which you refer (indicate government references if applicable), -J City of Sunny isles Beach I Reg%Aest for Prepotals Disaster Debris Monitodrig Nu. 18.04-03 �r- k4%,e eg.* co tee; 4. State the name of the individual who will have personal supervision of the work; 5. State the dames and addresses of all businesses and/or individuals who own an interest of more than five percent (511k) of the Offeror's business and indicate the percentage awned of each such business and/or individual: �` _ 6, State the name of Surety Company which will be providing the bond, and name and address of agent: 7. Attach a financial statement including Consultant's latest balance sheet and income statement showing the following items: aj Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): !a} Net Fixed Assets c) Other Assets City of Sunny lsles each I Request for Proposals Disa5Yor Debris Monitoring No, 18-04.03 VF 3110 F"' d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes. e) * Other Liabilities (e,g., t:zpital, capital stock, authoriZed and ouistEll ding shares par values, earned surplus, and retained earnings). 8. State the name of the firm preparing the financial statement and date. thereof:. IL Litigation/Judgements/Settlements/Debarments/Suspensions — Submit informakton on any pending litigation and any judgements andsettlements of court cases relative to providing the services requested herein that have occurred' within. the last three �3) years. Also indicate if your firm has been debarred or suspended from bidding -or *proposing on a procurement project by any government entity during the last five (5) years. City of Sunny Isles Sea& I Request far Proposals Disaster Debris Monitorfrtg No. 18-04-03 Consultant shall complete all sections of the following price sheet. The hourly rate must include all costs assvciated'with the performance df the contract as a result of this RFR The pricing below must include overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone oasts, cameras, GPS devices and all ether materials, items and miscellaneous expenses. Proposers may offer other required positions as necessary with the written approval of the City's Project Manager, ITEM # POSL` ON HOURLY RATE 1.1. Project Manager 142.00 12, Field Supervisor 95.00 Field Monitor 43.00 1.3. 1.4. TV14S Monitor 43.00 Debris Site Se.curityr 65.00 1.51 GIs Specialist $65.00 1.5. Data Entry $35.00 1.7, 1.81 Data Manager 85.#l0 FEMA Reimbursement Manager $110,100 1.9. { Aerial Photo Package (S Photos per Flights $5,0.00 li,1Q different locations) Photograph Cosies (Duplicate of Original 35.00 1,11 Approves! Photo) Additional Phot agraphs (per photo, same fligihk 7&00 1.12 same location, different view) Additional location (one photo, same (light, 125.60 1.13 different locatran) Authorized Sit Executed by: City of 5wrwy lsles Beach I RequfiA for Pro psasals Disaster DL*bris rylonitorins N0, 18-04-03 &A ,. • • 453yeJY rrrf; '4, xtpJ . Ft9r •} D4 yJN STATE OF FLORIDA } COUNTY OF NON -COLLUSION AFFIDAVIT City of Sunny Isles Beech $8070 Cadlins Avenue Sunny Isles Beach. FL 33160 Telephone: (3135i 547•(lgpr Fax: t305) 949-3113 The undersigned being fast duly sworn as pinvi8od by Jaw, deposes, Rnd says: Tnls Affidavit is made with the knowledge and intent thal it is to he filed with ttte City of Sunny Isles Beach City Commission and that it will be falied upon by said County, in any consideraEem which may give to and any action it may take with respect to this RFP. Tha undersigned is authorized to make this Affidavit on behalf of, 1 (Name of Corporation, Partnership, Irtftidual, etc.) a, 3 ceoIr l> , Formed under the laws of ti ` CA, hype al 88sinass.) {State} of which he is. (Sala Ownef, Partner, President, etc_) Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge o° the undersigned, have lhemsetY05 Solicited or employed anyone else to solicit favaratsle action for this RFP by the C y, atso that no head of any ae5partmont m employee therein, of any offizer of the City of Sunny Isles Beach, Florida is directly interested therein. This RFP is genuine arvJ not collusive or a share; the person. Firm or oorporation named above has not colluded, oonspired, connived or agreed difeciky ar indirectly with any prrfposer6 of person, firm or corporation. to put in a share RFP, or that such person, firm ar corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or commun ication nr conference with any person- firm or torporotion, to fix the prices of said Bid or bids of any other prvpg5ers; and all statements contained in She RFP or RFP's described above true; and funkier, neithsr the undersigned, nor the person, firm or aorporaton named above has directly or tndirerdly submitted said RFP or the contents thereof, or divuiged infomration or data relative thereto, to any associ$tion or to any member or agent thereof. oLk 06L41- AFFIANT'S NAME AFFIANT'$ TITLE TAKEN, SWORN AND RIBED TO BEFORE ME this day Df 1 a Personally Known Type of iklerttification (Affix seal trere) " HASSIiATH �l^ftALES My ODMMSSION 0 FPMD5L v arnuxEs: i %o. �a�a N TA Y PUDL name pHnied or typed) 1of10 4�ptHr rsOA PUBLIC ENi,i,ry CRIMES City of Sunny tsles Beach 10070 Collins Avenue 'r'i CpF, • G lOR5o4 �� $Unnr Isles B4a�L Fk. 33tG4 Tulcphbn'S_ (305) 947-0606 Fax: (305) 959-31.13 SWORN STATEMENT PURSUANT TO SECTION 207.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTrrY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) fat of Section 287.133, Florida State Statutes -"A persorl or atftiate who has been placed on the convicted vendor list following a conviction for .a public entitycri'rrie may not submit Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Con:tractwith a public -entity for the construction or repair of a public building or public Work, may net submit Bids on, fusses of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, or Consultant udder a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec, 287.017, F5 for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SiGWED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFtCIAL AUTHORIZE] TO ADMINISTER OATHS. 1. This swam statement is submitted to Gity of Sunny Isles Beach. Dfirl WelM'7Ual's name and li[lej for I sct."fir F Cam` rA4 - crs � Tod._ [,1rinl fianx tff .idly sek-niltin j %wU OalamanQ whose business address is: and (if applicable) its Federal Employer identification number (FEIN) is (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2.. 1-understand that a "Public entity crime" as defined in Paragraph 287,133(1){9j, Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goads or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3, 1 understand That "convicted" or"c0nvictibn" as defined in Para,. 287.133(1)(b), Florida Statutes,, means a (hiding of guilt or. a conviction of a public entity crime, with or without an adjud:i ties of guilt, in any federal or state trail court, of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry 4f a plea of guilty or polo contenders, 4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Ronda Statutes, means a } predecessor or successor of a person convicted of a public entity crime, or b. Any entity under the control of any natural person who is active in the rnanagement of the entity and wtla has been convicted of a public entity crime, The term "affiliate" includes those officem, director's, exdcutors, partners, shareholders, employees; members, and agents who are active in the management of an affiliate, The ownership by one person of stares constituting a controlling Interest in another person, or a pooling of equipment or income among persons when not for fair )-of 10 market value under an arm's length agreement, shall be a prince facie case that one person -controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 38 months shall be considered an affiliate. 5, 1 understand that a "person" as defined in Para. 287.133(1)(e}, Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies tD Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 5. -Sased cn information and belief, the statement which I have marked I�etow is true is relation to the entity f submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and, convicted: of a public entity crime subsequent to July 1, 1969. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agerits who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1999. The entity submitting this sworn statement, ar one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public, entity .rime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Carder entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS rORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNOERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTF-S, FOR CATEGORY TWO OF ANY, CHANGE IN THFkWORMATION CONTAINED IN THIS FORM. By: Name) LJ (Title) Sworn to and subscribed before me this _1_ day of24. by (AFFIX NOTARY STAMP HERE) AS TH MORALES a n tore: No Public date of lorid al a > ,f �o,man P ` o ission d Name Personally Known OR Produced lclentification Type of Identification Produced 3 of 10 43iy IdT +SR Fi EQUAL OPPORTUNITY 1 x - '.' AI~FIRMATI*VE ACTION �r f,g?• cL04-t44`; City of Sunny Isles Beach ,0 'sw ' 180TO Collin, Avenije Sunny Isles Beach, FL. 331.aO Telephnne: (345) W-Ofipg p.i,l: (M) 949-3913 EQUAL OPPORTUNITY/AFFIRMATIVE A ON STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of .equaa opportunity in employment and to comply with the letter and spirit of Federal, stater and local laws and regulations prohibiting discrimination based on racer color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. _ Signed: Title' W'5 i vNA-- Firm: Scxs t-op Address: 4A.IC46 S '2r. V�i , 0 lie 121 0 yfzu---O— ��L 312NO0. �} rl • 4of10 CONFLICT OF INTEREST City of Sunny Isles Reach - �' 18070 Collins. Avenue Suany isles each, FL 33160 Telephone: (305) 947-oEo6 rzx! (3oi) 9aq-3313 o r .A Qy4 - - CONFLICT OF INTEREST STATEMENT The award of any Contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Reath or its agencies_ STATE OF FLORIDA C6UNTY OF -OfNr BEFORE .ME, the undersigned authority, personally appeared �Q. i dtf fj'or f1I who was duly5worn, depa5es, and states: 1. 1 am the r _ of t` ith a local office in 0 and principal office in iW-2a W. r _-sz'0g--T-- Z. The above named entity is submitting a Sid for the City of Sunny Isles Reach, Bid No. 19 — --O—:k described as ±'"ra,�er �; S i`a4crt,e ram(_ The Affiant has made diligent inquiry and provides the information contained in this Affidavit Wed upon his own knowledge. 3_ The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entitiessvbmitting gidsforthe same project. 4, Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in cannection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agertcy, 6, Neither the entity, nor its affiliates, not anyone associated with them have any potential conflict of interest duo to any other clients, contracts; or property interestsfor this project- ?. 1 certify that no member of the entity's ownership or management is presently applying far any employee position or actively seeking an elected position with the City of Sunny Isles Beach, 8, 1 certify that no member of the entityls ownership or management, or staff has a vested interest in any aspect of the City of 'Sunny Isles Beach, 5. In the event that a conflict of interest is identified in the provision of services, I, on behalf of tttip above named entity, will immediatelyP tify the City of Sunny Isles Beach. r [dated this .0.0 Ilk FFIANT Print or Type Name and Title worn to and subscribed before me this day of 004r ,'61a personally Ynown, Old 0 Prariuced Identification Th�pldentifc�atic�n �, ��..' tr'"�..1'""t�"��`t� NOTARY PUBLIiC STATE Of FLORIDA '` ' l naw�a, zam 5 of 10 �}� ,tir►wn S ,o41y v* t ANTI -KICKBACK City of Sunny Isles Beach •,, �� 4t• `'r '° ��� 18070 CollinsAvenue • � � o�, Sunny l:les Beach. FL. 33160 c rr er i. w,10 rekephon4. 1309j 947-Q600 Fav4305} 949-Sl13 - ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF MilG6 ()gCLU ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny isles Beach or its etectec officialis as a commission, kickback, reward or gift, directly or indirectly by me or any ,member of my firm or by an officer of the corporation. Title: i The foregoing instrument was acknowledged before me this day of 0 by [name of person], as [type of authorityl, for [ ame of party can behalf of whom_ instrument was executed]. AFFIX NOTARY SWAMP HERE: dp""t�, 14ASHATH MOMES MY CQmMMIC N 4 Ff17MI �� �iNFS�M�35,20Z0 N04N k2b+iic ---Shte Of FBorlda M D P-Pr e'5. Print or Type Commissioned Fume Personally Known_ OR Produced Identification Type of Identification Produced 7 a110 ACCPRD CERTIFICATE OF LIABILITY INSURANCE DATE �;� ;�Y"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 0N1,Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMID, E%T1:ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS -CERTIFICATE OF INSURANCE -DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED ESENTATIVE OR PRODUCER, ANO THE CERTIFICA7E ACLDER. RTANT: ff the certiftate holder is an ADDITIONAL IN URED, the policy(ies) must be endorsed- If SURROGATtON 19 WAIVED, yuhjticl to the terns and conditions of the policy, pertain policies may require an endorsement_ A statement on this certificate does not canler rights to the certificate holder in lieu of such endorsement(s). ;ROD rCEH GQllYAGC NAVE: Patti Gar'elE Harden and Associates PH17N'E 5131 Riverside AtienOe, Suite 1 GOO : IKA-421-5223 Fart Na : 904 4fi5-4380 — Jacksonvilh FL 32202 A ti'eAs: bsrrett h0rdefiin5 ht.OPrri INSURERASI AFFORDING COVERAGE I NAIL 4 NSURED DISAGPE-01 ' 0isasler Program & 0perations, Inc 1 O031_Saworass Drive W, Ste_ 121 _. Ponta Vedra FL 320132-2832 C©VERA13FS CERTIFICATE NUMBER. 444473953 INSUAM A: GOVIn bUrI SpeClal!y NG CO INSURER e: Admiral lnsurwiw Company I L5IJRER c : Ott! DOmirlion In5Urance Cc IHsuREitE1: StarStone NakianaI InsuraTlte Comparly LNAURFR F' INSUR ER F _ — - - REVISION NUMBER. 24855 THIS 15 TO CERWY THAI 111E POLICIES OF INSURANCE L1511W BELOW HAVE BEEN HUED TO THE IN$WRED NAMED ABOVE FOR THE POLICY PERIO-D INDICATE0_ NOTWITHSTANDING ANY REQUI,RGMCNr, IEFtM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY P€RT. PJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEt7 HLEREIN IS $V9JECT To ALL. ME XER,LIS. EXCLI1SIpNSANI)CQNDITIQN$Of SUCH POLICI-S_ LIMIT$ $HOVMMAYHAV3= BF,EN REDUCED BYPAID CLAIMS. TE OF IHSURAN[E LNgR SNLep YP1 Poucy NUMBER -- E rM W♦aDYfYYYY} k IM�8Uu0Q1YVY�YPYI UMFTS A. ivEN!<RALUAMIEITY _ DOMMERCLALGENERALLIABIiITI' CL Wrt,ytN.9E nOGGIJR }VBA563180 Sn9M17 f f 1v1s7!na FACLLOCCURRENCk _PREMISES[Eeo(w?etyFa]SIIX%,[xto r•:Ep EXPR'y IFab7N'rwni 15-PM.9LT_9_ . SSlrOp - _ PCRSOHa1L S Ai]V INJUtIY S t 0m wo N'L ACCHFGATF LIMIT aPPLIES PER: 5jEIA PRbDUGT5 - COMPMP AGG ! �C J I h P8LIC3' ---j PRO. i..,- lQC S C 1 I)TOMOIILILt LIASEUYY BlTB5752 E11M017 UI&Q I) CONGINEDSINGLZ1.1%aT .� @BCCideh5l 51,L7000CU , BODILY INJURY (Pc• pemxil A,MY AUTO 3 AUTALL O D SCAUH46ULFDIRQDLLYINJURY(PernvJrcrl) 'Y` H1R�DAUTLt$ NUN-OVWED AL TO5 N 3 PROPERTYWAAGE -IPgr arx perrl Is 5 D I }(I UMBRELIAWAIN ,, GCCUR 3890:V1,70ALS 811SM0 SAW010 €,fd;HOCCURRFNtF. SII;Oti:OLHY -• I I "CESS UAE ,w CWr.1S4AnUF AGGFIc'GATE DED I I RE1EN110.0 I 3 WOMER5 COMPENSAnON AND EMPLOYERS' LIABILrrY Y! N Aw P•iOFrli6r0PlP,1FrP4ERIU=_0UTIVE Or-Fjr-SAP EMaFR=X(3LWIE17 I.Mandocory in RKJ NIA i I I t M STSTATU- !Or,- 1 0�'nY L.IiA1T$ L LIK. _ „�. •, S E.L FACH AGI]II32 NT E.- INSEASE- E., E111PLOYEd 5 E.L. DISEASE POiICYiIM1T I r Irny�!et Pa uhda( DE'CRLPT10N CF OPERATIONS beWn II d AVoS'IrralLWO) 1F.00dJ03e721CX2 211&"17 Fuld 90tR L]CCJAw 1C0O.MA DF5CRI?TII]N OF OPERATIONS LOCATIONS rVENICLES [ArIAr,A ACORP 1Q1. AcKilanal Rarn4 rkfi Wedule, ITmo v space 19 raquir 41 City of Sunny Islas Deaeh DfFce of the City Clerk 1$07Q Cdlins Averwe $vnny Isles Reach FL 33160 3HOULO ANY OF THE ABOVE DEECRID ED POLICIES BE CANOE LLEQ RE'FQRE THI: EXPIRATION DATE THEREOF, NOTICE WILL 9E DELIVHRED IN ACCOIRDANCEY+f" THE; POLICY PROVISIONS, AU5}11 NLUD REPRM141TATryE 'A't� , 11� !w'W*'�"- 0108.2010 ACGRD CORPORATION, All 41jhts nerved, ACQRD 25 (20101061 'the ACORQ narnla and logo Am registered marks of ACORO 0 m ® D4-n pLWPGr`I7rYYj ACC . _ CERTIFICATE OF LIABILITY INSURANCE 5)512018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ hlp RIGHTS UPON THE CE.R7F1CAYE HOWER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIV12LY AMEND, E3[TEND OR ALTER THE COVERAGE AFFORDED BY THE POLIMES ELOW. THIS CERTIFICATE OF INSURANCE DOES NQT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTOFtq-FD EP RE$ ENTATIVE 0 R PROD UCER,ANO THE CERTIFICATE Hpl.4#:R IMPORTANT; If the eertlfrcate holder Is sin ADDITIONAL INSURED, the pal1cy(1e5) must have ADDTIONAL INSURED provI.Slons or be andorsed. H SUBROGATION 18 WAJVED, Gubject to the terms and candiGpns OF the puliCy, certain policics May require an endorsement A statement an this Cerllfrc LIe does. riot corrrer Aghvt IQ the certlAcate haider in lieu or such endomement{s). PROoucER NlJr E: ° barius"MQ 1rn Son T 2FmifixkS Insurance Agency, LLC pMONE -- -- - --I Fj- � _—.._,.- - . 23371 Nluiholand Qr_ ti306 805 531 50 �f,• _ .._ Iate, Not (8Q5} a81-SOBS Woodland 1-1015 CA, 913E4 AMFss: eerlholder@teamworkinsurance,com IMSURER S AFiORDINGCOVERAGE x7dlGtl Preferred Insurance Company INSURED OPSO.InO, Dba Trigu,:ra Inc Robert Hirsch CI'A CIO VF10 10033 Sa•.ugras5 Or, W. S(e, 121 Ponte Vedra, FL 32OB2-2832 1,VYEI AUr-ZT KtYISIUR!'IUIY11:3= THIS IS TO CERTIFY THAT THE POLICLE5 OF I.,lSURANCE USTEI) DELOW 1MVEa BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATEO. N'CTWF'HSTANDING ANY FLEOUIREMENT, TERM OR CONDITION OF AtO COrri-RACT OR OTHER O0r I:b1F.NT wn-H RESPErTTO WFICH THIS CERTIPtCA11= MAY BE rSSUED OR K4AY PERTAv4. THE INSURANCE AFFORDED BY THE: P044CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC1i151CN5 AND CCINOITICN5 OF SUCH POLICIES. I MITS SHOWN MAY HAVE SEEN REDUCED Ole PAID CLAII,�t. � i TA 4 TYPE OF INSuR AmCE m ADOk5 R POLICY Nu5t9ER T.PF r1YY I uu. Qnrrnj LJHIi'3 {OMMERCLSL GENERAL LIA63LF" F BA[H QCC.�I'nRENC= $ Cl-mul-MAD& n OCCUn IFAT .� i5„NA i9R�Cmg ..-•--'•—_ _- --'-- I PERSOxAL B I -DV INJURY S GENT, AGCR=GAT- LLMIT A4YPLCsPER: �POLICY �R¢ LI3C GfNFFnr..0 ;EC;�i i S PR681.w1'''a_EA165+1DPArC 5 �� -------.__.. AUTOMOBILE LNeY.JrY [11 kr01N?p SlldrArc t IMIT F BODILY INJURY 10' pers O S MY AUTO OMED 5rHOPULF1`5 AU IUN UNLY XJJTOS QOOILY INJURY(Pa- acodrAI) S HIRED NDN-LT.YNFD .... AU IUS UNMY 1tiU 109 ONLY `y - --.•T• I PRDP=RTY O?N E �raceidenlj--_--,-_. S UM@RELLA 004 UE;GUH L FAa-1 OCCURRENCEj E7CC E55 L'A3 — i I AUGR6GATE- s U;RI[F.RS COMPENSATION rers i AVG E'!1PLDi=RS- UABLUY YJH EIG2539335-00 111112$!17 11112WI8 s xtul= _?_ A .4W pAQr'RIETQW-RTFJEWEX=a r1T4F h1A E L [ACf ACCG�NT OFFIGFF MFMBEH EXGLUDED7 WandaLLap 1rlNHj I E L 1715EA.:,F- FA FI�P oF-Rf-R�=b-TrV rd OPERAS btlrru ------.._..-- E S. DMElSK - POLICY GESCR3-DN OF OPERATIONS r LUCAI TUNS rYEHICLE5 IpCa RQ 191, Ftltlllwnai Remarks Schtltlulc, miss bo aCochn6lr mvJe�prca L9 ragclrneJ CERTIFICATE HOLDER CANCELLATION City of Sunny Isles Beach Office of the City Clerk i8Q7Q Collins Avenue. Sunny Isles. Beach, FL �3160 h46 eta�I cu r(�s i hfl. rtst _-- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAT9 THEREOF. NoTIcE WILL OE bELf4E5Et► IN AGCOROANCE WMi THE POLICY PROVISIONS. hUTHE6REPRYS�rNTA� '7ltiFGl�. 9 1989-205 ACORD CORPORATION. All rights reserved. ACORD 25 (201W03) The ACORD name and logo are mgistamd marks of ACORD t I 1 I I Attachment "B" S4wutinized Company Affidavit CONTRACTOR ANTI -BOYCOTT CERTIFICATION FT [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in. Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date Attachment " ": E-Verify Affidavit E-VerifV Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further„ the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website(https:f/www.e-verify.goylemplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title Sworn to and subscribed before me on this this day of 2021, By ❑ Is personally known to me ❑ Has produced identlflcation (type of Identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date FIRST AMF.NDINIE1 T TO THE AGREEMENT BETWEEN, I`HI' CITE' OF SUNNY ISLES REACH AND `" •' TIDAL BASIN GO` ERNINMENT CONSULTING, LLC. ^ -V CONTRACT NO. 6617-i1')t5 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH (-City" and TIDAL BASIN GOVERNMENT CONSULTING, I_,LC. ("Contractor"), executed day of gkq 2021. is made a part or the original Agreement ("Agreement") dated June: 29, 2018, Yetween the City and Contractor, a copy ol` which is attached hereto 14ti Attachment "A", whose Federal Identification # is 20-592093, File City and Contruc:tor hereby agree as follows: 1. OPTION TO RF,NEW. Effective June 29, 2021, the Parties hereby wish to renew the Agreement for one (1) two-year terns in accordance with Section 1.4 of the original Agreement, as more particularly describes! in Attachment "A", which is attached hereto and incorporated herein by reference. 2. PRCIHIBITION...AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, c:on0acting with any entity that is listed on the Scrutinized Companiesthat Boycott Israel List or that is engaged in the boycott of'Israel is prohibited, Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services oi' One Million Dollars (S 1,000,000) or more shall be terminated at the City`s option if it is discovered that the entity submitted fitise documents or certification, is listed on the Scrutinised Companies with Activities in Sudan List, the Scrutini7 d Curnpaiiies with Activities in the Iran Petroleum Energy Sector List, or has been cnggged in business operations in Cuba or Syria aver July 1, 2018. Ana' contract entered into or renewed after July 1, 2019 shall be terminated at the City's option il' the company is listed on the Scrutinizes! Companies that Boycott Israel List or engaged in the boycott of Ismael. Contractor must submit the semi fication that is attached to this agreement as Attachment "13.. Submitting a fiilse certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's detennination concerning the tense certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demoristrate that the detenmination was in error. If the Contractor does not demonstrate that the City", determination of false certif icution was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 3, i VERIFY.. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor sloes not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 449.0,95, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract terns. further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Vcrify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (Iittps:,',+'wwhwwhw.e-verily,govfemliloyet,s/eiirollins�-in-e-verify) acid follow the: instructions. The Contractor must retain the 1-9 Norms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "C". 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated June 29,2018 shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", "B". and "C". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS. Aw�t 40011�- Signature Mollie Matthews Print Name A I *I CIVIC City Clerk TIDAL BASIN GOVERNMENT C-ENI!ek CONSULTING, LLC. BY: Cdd*'�'.d ��- Signature William J. Slater Print Name, As its Vice Pri-sident of Ri-Govery CITY M I M I *1 1.1 DETO 19, 1 APPROVE 5 T, ORM AND LEGA S FI .1, Y BY: \r ard A. Dion, City Attorney Page 2 Attachment "All Original Agreement 4Sxwr+r;fie ° •�At6a ' ; = AGREEMENT BETV4'EEiY THE CITYOF SUNNY ISLE' Y-- AND TIDAL, t3 Slti-CCl';1ERNi+TETtiT CONSULTING -- or . ',•`°- CONTRACT NO. 6b17-096 THIS CO1tiT1tACTU,kL AU.ItJIsLlKE'NT (17ereiriafEer referred to as the "Agreement") is made in duplicate; this day of June; 2018, by and between the CITY OF SUNNY 18LES K '.ACH; Florida, (hercinsftcr rcf-errod to as "City"), and TIDAL 13ASiN GOV]L+ RN14 I"N'C CENTER CONSlJ L I NG, L1,C, a corporation authorized to do business in [lie State o('Florida (hereinafter- referred to as "Consultant") tv1105e Federal LD, # is 20-5926493. Rf"C IT ALS WBEREAS, in response to the City's Request for Proposal (RFP) Tiro. 18-04-03, and Resolution No, 20l$-2824, a secondary Consultant was selected to emergency debris monitorink and financial recovery assistance. F«r the City (`Services"),, and W111: -_'AS, Consultant has expressed the ability and desire to provide these Services, as more particularly described in Atutclnmeni "A", a copy of whioli is a[taclted hereto; and WHEREAS, the tots) amount to be paild for the Services is can a unit pried basis in accardance with the I-'ee Schedule, as mare patqicuIarIy described in Attachment "A". NOW TI CC RE-FC RY., in consideration at the promises and the mutual covenants lierein name; the parties agree as fbl.lows: lt1-'CfJTA1_S. The Recitals set faith above arc hereby incorporated into this ,Agmerntnt and made a part hereof for rcfcrcncc. In addition, the following documents arc hereby incorporated by reference and made part of this Agreement- 0) Specification and Proposal 1locunient5 prepared by the City far Disaster f]ebr•is Monitoring Services & Financial. Rccovery Assistance, RFP No. 1 S-a4-0 . ii Response to RFP i'vo. 1.8-04-0.3, prepared by Consultant, a copy of which is attached hereto as A(Lac;hment "A" and incorporated herein by re•f'ermcc, All Exhibits are collcutively resfen-ed to as the "Contract Documents- i_2, Sh'1'i,Vli- KS. C:oiisultant shall Disaster Debris Monitoring Services & Financial RuwvcrY Assistance as the secondary Consultant, to be utilized in cast oI'dcfauIt by the primary Consultant or to provide assistance and additional resources to priniary Consultant, for serviecs pursaiant to the terms and conditions set fortl;t in tho Request for Proposal 18-04-03 and Attachment •'A". C oiisultant shall perfonn the Services under the general direction cif the City and shall furnish all labor, rnaterals, su�iplies, tq�uipn7ent, sapet°visiatt arid services reecessar'}' for and incident to the performance of flit Scrviccs, cxccp( as othc;rwise noted io the specifications. 13y sigliingy this; Agreement, the Consultant represems that it thoroughly reviewed the Co tr�ic 60011MCnig incorporated into this Agreerncrlt and that it accepts the Services and the canditiong cruder which the Services arc to be perlbrmcd. 1.3. OUALIFICATIC)NS. Consultant arid the individual execotft>g this Agree ient an bt;Nll' cal" the Consultant warrant ter the City that the Consultant is ar Florida oorporation dolly Constituted and authorized to der hatsinesis in the State of l'Icrida, is in -stud standing and that the 6611-MO PDAt, RASNI 0AVMN- MVNT C;C}NS01.TING; U.C, City ofsunny Isles Beach 18070 Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947-0606 plione (305) 949 a 1 t-3 Fax Consultant possesses all ol'the required licenses and certificates of competency required by the State of -Florida and Miarni-(.lade County to perform the Services herein described. 1.4. TERM. Subject to the provisions relztine to the termination of this A IeemtnL ac set forth hereunder, this Agreement shall c-mnmence upon execution of this Agreement by both parties and slixil be Jor Lin initial torn of three (3) years with the option to rimew the contract for one (1) additional'6vo (2) }fear period, fora total of five (5) years. Services under this A,grecrncnt shall commence upon the issuance: of:Notice to Proceed from the City Manager or designee. II.. f:OMPENSATION. C{msLIkallt-Heknowled,ges that this; is a contingent scr+rices contract and lhaL no payments will be made or due froin the City unless Consultant is specifically engaged by the City for a spvcific emergealcy+. All payments to he. made hereunder shall be paid in accordance with the Fee Soh(;dulo contained in ConsultarIL's response to Request for Proposal t 5-04-03: attached hereto as Attachment "A" and incorporated herein by reference_ All invoices and payments; shall he 1i)r Services completed pursuant to Lhk Agreement abler Submission of invoices to the City, All invoices shall be Submitted in accordance with Request for Proposal 1 R- 04-03, The; CiLy will pay properly submirted invoices within thirty (30) days of receipt, for completed and accepted Sei ices, unle55 the City notifies the Con, in writing of the. dispute:. before tho payment is due. Invoice forrttat and doettinentaltion should be acceptable for F'1+:1'r'lIA reimbursement_ The City wiII not pay andlor reirnbUrw any additional costs including, but oat limited (o, travel, mileage, lodging, meals, and other travel and subsistence expenses. The Consultant should submit renular invoices for no more than 30-day periods. Invoices wit] be subject to verification and approval by die department rettuest1r1V the service, The C: ty's perliarmancc and obligation to pay under this Agreement is continEettt upon an annual appropriation for its purpose by the City Commission, The Consultant shall make no other c.liarges to L11e City for supplies, labor. taxes, licr,nscs, permits: overhead or anyf otlaer expenses rrr costs unless any such expense or cost is inC.UlTed by Con suILJnt NN,ith Lhe prior writLon approval of the City- [('tile. City dispLI(cs any chargcs on Lhc invoices. it may make payment of the uncontested antounts and withhold payment en the contested smotuits until they are resolved by agreement with Consultant_ T11ere are no raiinbursable expenses associated with this Agreement. 1_6. _ 'I'l MIf, IS OF THE ESSENCE.. .all parties agree that time is Of Lhe• cSSCnce. The C:allsulta m must provide sufficiwnt cquiprment and labor, based on thr; magnitude of the disaster and information frorn damage agwSsment5, nece•5sary to meet the C:ity`s timelines as l,nllows: 1) clearing of primary rights-ot-way within 24 hours ofrccelving dic task order; 2) removal of debris st317Lc(l within 48 hours of receiving the task order; 3) removal of debris must be wider way in tilt zones within 70 hours; and 4) all debris removal operations must be completed within 10 days. Failure to provide Lhe spec.ified edlLiipine;nt, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capaCILy within Lhc first 24 (lours, and 100% capacity within the first 48 hours following, isskmicc of each task order by the City Manager or his designee. shall result in the. City marking it claim against Lhe C`.anSLllt&Ws Perfurmartco Bond in the amount of the cost per hour of each crew as defined in the Devised Fees Scliedule FOrn1 ('OF each hour excooding the 24 hi -)Ur cutolf where the Consultant is failinic to 6617-096 TIDA1. nASIN {;VT. C:OINSULTINCi. LLC:. 2 filly q/'Sunny Isles Beach 18070 C:oIlies Avenue; S'unn;r isles Beach, Florida 33160 (305) 947-0606 plione (305) 949-31 13 Fax operate, or is operating at less than the response levels specified herein_ Consultant shall not be liable for unatvoidablc delays bcyond their reasonable control. 1.7. iNDEPENDENT CONTRACTOR RELATIONSHIP, The Consultant is an independent Contractor and shall be treated as such for all l)urpases_ NTnthinu contained in this Agreemene or anv ac-hun of the parties Shall be construed to constitute or to render the Consultant an employce. partner. agent, shareholder, officer or in any other capacity other than as an independent Consultant oilier than those obligations which have boon or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expen4es in performing its duties as contemplated wider this Agreement. The City shall not be responsible for arty expense incurred by the Consultant. The City shall have no dmy ro withhold any- Federal income taxes or pay Social Security services and that such obligations shall be that of tite Consultant, other than those set forth in this Agrci=cnt. Consultant shall furnish its own Lrans port it Ion, office and other supplies as it determines necessary in can -}ring out its duties under this Agi)�-ement. I.S. OWNERS III IE OF 1)(1CUIN'II:NTS ANiI E [JTPNrENT. All documents prepared by the Consultant pursuant to this AE!rccrtient and muted Services to this Agreement are intended and represented for the ownership of the City only_ Any other use by Consultant or other parties shall be approved in writing by the City. if requested. Consultant shall deliver the documents to t11e C:iLY WiQlin fifletU (15) calendar days. 1.9. iNSURAi\CE. Consuliant shall, at its sole cost and expense; during the period of -any work being perfornned under this Agreement. pre}CLkre and maintain t}tc following rninimum insurance coverage to protect the City and Consultant against all loss, claims; damage and liabilities caused by Consultant, its agents or eiiipIoyees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liabilit* coverage For all operations, including, but not limited to, contractual, products. and completed operations, personal injw-Y allot property damage liability With ttliriimum limits oaf One MiIHon Dollars ($1.000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Husine.ss Aut0i-1]obile Liability which shall include coveraee for all Owned, non- a4vncd and hived vehicles for minimum limits of not less than One Million Dollar's (S1,000,000) ptr uLcuurroncc, ❑ Professional Liability Insurance including Errors and OrnissiurI6 wills lninit'nurn limits of Ont Million Dollars ($1,000,000,00) per occurrence. insurance reclUlred ol'thc Cortsoiltant shall be primary to, and not contribute with, anv insurance or self-insurance maintained by (lie City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder_ The insurance policy sliall be issued by companies 6617 -1)% '1 IDA L HASIN GVT. CONSU1.TIVG, Ll C. QI' of Saran , Isles Beark 18070 Collins AvelltrC, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax authorized to do business under the laws of the Static of Florida and acceptable to the City with a ininitnum A.M. Best rating of A -Excellent. Ref€ire any work under this Agreement is performed. and at any tinge upon request, Consultant sliall furnish Lo the.. City certificates of insurance evidencing the minirrurrn required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waivor of subrogtation endorsement. All policies and certificates shall be in forms and issire€i by insurance companies acceptable to the City Manager or his designee. All insurance pcilic.ies anti Tort ficates Of insurance shall provide tha i ilic policies may not be canceled or altered without thirty ( 0) days prior written notice to the City. Consultant shall also require and e31SLn-e that each of its sub - Consultants providing services here -under (ifzany) procures and maintains, until the completion of the services. insurance of the types and to the limits specified herein. A -NY I XUPTI€ONS TO THE INSURANCE REQUIRE, MEN'll"S IN THIS ',SKCTION MUST BE APPROVED IN WRITING BY THE CITY. 1.1U, TF'.RMINXI'ION ANTI IIE1vIF.IIIES FOR BREACH. A. The CLmsultanL at i-c:s that the upon reocipt ol'thc Notice to Proceed (1ITP) from the City Manager or designee, the primary Consultant will have twelve.(l2) hours to contact the City in response to Lhe NTP and Lwenty-four (24) hours to substantially mobilize of begin performance under the terms of this Agreement_ ['he City reserves the right to pursue secondary C.onsultailt for Services il'purnary Consultant cithur Iails to mobilize or begin performance under the terms of this Agroomcnt. If, through any cause wvithin reasonable control, the CunsLrltant shall fail to fulfill in La timely manner or otherwise violate any of the covettants, acreemems or sripulations material to this Agreement, the City Shall have the right to terminate t11e Services then remaining to be. pc.rIbrined. Prior to the exercise of its option to terminate for cause, the C:ih, shall notifythe C. nsuItant ofits violation of the particular terms of the As and grant CtrnsultanL ten (10) clays to cure such defLauh, If' the dol'ault rcrnains t,ncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund fi-om the Consultant in an amount equal Ltr the ULual cost of a Lhird party to cure such failure. If Consultant fails, reftises or is unable to perform any term of this .AgreemenL, City Shall pay for service, rendered as cif tlic date of terminatiasn. In the event cif terinination, all linished and unimished doiLImonts; data anal other work product prepared by C otisultant shall be delivered to the City and the City shall compeostate the C onsuhant for all SurviGcs smisfictorily periorincd prior to the date.. of'terrnkiMian, (jjj Notwithstanding the foregoing, the COnsultrtnt yharll not be relioved of'liabil.4y to tlic City for doErlages sustairitd by it by virtue o f a h,reach of the Agreement by Ctirlsultant and the City may rcasonably withhold payment to Consultant for the purposes of set-off until such time as the: exact aMOLUlt of damages duo the C'it), front tltc CottsuItant is determined. 6617-096 Trl7A1. BA' IN, GVT. t OMSt1il'ING LI.C:. Oq oj,Sunn.p Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (05) 947-0606 plione (305) 949-3113 fax B. Terr7rination for Convenience of City. The City may; For its convenience and without cause terminate the -Services then retnaining to bo performed at any tlnie I)y giving Consultant ten (lO) days written notice, In the event ofsuch a termination without cause, the ConsLLhanL sltarll be compensated flor all services performed to the City's satisfaction and prior to termination. Upon receipt of the notice of termination 16r convenience, Consultant shall proinpit Iy discontinue all work and. to the extent indicated on the notice ol'tormination, shall terniinaLe all Outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract: shall refrain from placing further orders and/or contracting with subConsuItail ts, and shall complete any continued portions of the work. The terms of Paragraph I . I I A(i) and A(ii) above shall he appIicahIe hereunder_ C;. Termination for insolvency. The City also reserves the right to terminate the rcrrtairting Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of trod i.Lors. 1.11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed (haL this Agrccrrrent shall be governed b1'_ construed and enforced in accordance with the laws of the State of Florida_ Venue for any legal proceeding shall be in Miami Cade County, Florida. In Elie event it becotrlcs necessary for the City to file a lawsuit to cnforcc any terns or prov ision under this Agreement and die City is the prevailing party then the City shall be entitled to its coats and attorneys fees at the pretrial: trial and appellate levels. 1.12. C ON-FTI)ENTIAL iNFORMATION. The C<)nsttltanL shall not. either during Elie term of this Agreement or any tune for a period of ten (l 0) years subsequent to that date upon which the CO shall leave the employment cif the City for any reason whatsoever, disclose to any person or entity, other than in the dischar-e of the duties of tile Cons kiImnt under th is Agreement; ally information which the City designates in writing as "confidential," As a violation by the. Consultant of the; provisions of this Section COUld cause irreparabic injury to the City and there is no adequate remedy at law for such violation, the City shall havc the right, in addition to ally other rernedies availahle to it at law or in equity; to enjoin the Consultant fr€}r'n violating such larovitiions_ 1.13. .T[IT SDICTICIN, VENUE AND WAIVER OF JURY TRIAL. This Agrocnicnt Shalt br,, interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accepl Lhat jurisdicLion of any dispute or controversy Hrising crut of this !1amie nie,nt, and any action involving the enforcement or interpretati€an of and+ rights hereundcr sliall be brought cxciusively in the Eleventh Judicial Circuit in and for Miami Dade County; I'lorida, and venue floc l tigaEtion arising OLLL ()]'this Agreement. shall Lac OXOtL19ive.ly in such state court, forsaking any other jurisdiction whicli either party may claim by virtue of its residency err €;'ther_jurisd Icitional deviop. In then Cvvnt iL becomes ncoossaryr Ior the City to file a lawsuit to ertforce any term or provision under this Agreement and the City is the prevailing party then the City, shall be entitled to its casts and attorney's fees at the pretrial, trial and appellate levels. 14Y ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY 6617-096'l'IVAL BASJly GV'I', CONSULTING. LLC. C'iiv aj'Srrnnv Ides Beach 18070 Collins Avenue, Sunny IsEcs BCach. Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax WAIVE ANY RIGIITS EITHL'R PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL. LITIGATJOIN RELATED TO TH11S AGREEMENT- Nothing in this Agreement is inccnded to serve as a waiver of sovereign immunity, or of any other immunity, dcfcnsc, or privilege enjoyed by the City pursuant to Section 768,28, Florida Statutes- 1.14, NOTICES. All notice, and other communications required or permitted to be given Under this Agreement by either patrLy to the. other s11a11 be in writing and shall be sent (excopt as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested; (ii) by guaranteed overnight delivery by a nationally recognized courier service. or (iii) by facsimile with confirmation receipt (with a COPY Slmultancously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as tollows: if to the City! C'.hristopher J. Idusso With a copy to: City MRnager Hans Ottinot city of Sunny lsk1 s Btk aCh City Attorney 18070 Collins Avenue City of Sunny Isles Leach F1741rih Floor 18670 Collins AVcnIIC Sunny Isles Ikach, Florida 33160 fourth floor Tel: (305) 792-1776 5unnv Ides Beach, Florida 33160 TO: (303) 792-1706 lff to the 110111: W. Marini Consultant: Pre.sident & CF0 Tidal Sarin Government Consulting, lA,C, 126 Business Park Drive Utica, NY 13502 Tel: (3 15) 415-2963 j�narini,ci,ad: ustcrsintcrnational.com 1.15. PUBLIC_REC01ltDS. The ConSUIUM( shall be required to comply �vith tl�e following* requirements under Florida's Public Record:; Law: (i) CovsuItant shall keep and maintain public records required by the City to perfonri the service, (ii) Upon request from the City, Consultant shall provide the (,Ity Witll a Copy oI'the requested records orallow the records to he inspected car copied within al rtasc�nablc ti�11C at.t cost that sloes nut c mA t11e cost provide(] by Chapter 1 ] 9, Florida Statutes, or as otherwise provided by law. (iii) Consultatnt skull ensure that puhk records that au-e exempt or confidentia] atncl exempt born public records disclosure requirements ;are not disclosed e-,,,eept as authorized by law for (hy: duration of the e•uriIratct term and Fc)llOwin64 4UPIP leti011 of (he GUn(UlG( 1('thc CU[asultOnt does not transfer the records to the City, {iv) Consultant shall . upon (mmpleticrn oFtbe contraet; transfer, aL no coast, Lu tho City all public records in possession of the Consultant or keep and maintain public 1vctardq required by 6617-0 6 TIPA1, RA$IN QVT, CONNSU17T1�'€;r; TJ,C:, 6 City of Sunup Islet Bench t 8070 Collins Avenue, SunrlY IS1C5 Boach, Florida 33160 (30,S) 947-0606 pliGne (305) 9 49-31 13 FaK the City to perfOrm the SCI`Vice, If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy- any duplicate public records that are exempt or confidential and exempt from public records disclasurc MILI rcments. If the Consultant keeps and maintains public records upon cOnipletion of the contract; the Consultant shall meet all applicable requirements ftor reialnirn� public records. All records stared cicctronicatly must be provided by C:onsultarit to the City, upon request from the City, in a format that is compatible with the information technology systems of the 0itw. 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 C'ITY'S CUSTODIAN DIAN OF PUBLIC RECORDS .AT (305) 792-1703, CityClerk@sibfl.net, 180701 Collhis Avenue, 4`h Floor, Sunny Isles Beach, Florida 33160. 1.16. COMPLIANCE WITH +l'IM CON11RAC T WORK 13Ci11RS AND SAFETY STANDARDSACT. During the perfurrnancc of this contract, the Consultant agrees as follows- (1) Over -Lime. req_uirc:ments. No ConSultirnt OF subConsultrant contracting for any part of the c:onlr•act vvork u.hich may require or involve the employment of laborers or rnechanics Shall require or permit any such laborer or mechanic in any wurkwcek cry which lie or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or meclianic. receives compensation at a rate not less than one and one-half titnc:s the basic rate of pay for all 11OLIrS ~worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated darnages_ In the event of any violaLiOn of the olause set forth in paragraph (1) of this section the. Consultaw and any subCansultant responsible therefor shall be -liable forthe unpaid;�-,ages. in addition_ such Consultant and subConsultant shall he liable to the United States (in the: case of work done under contract For the District of ColLltnbia or a icrritory, to such District or to such territory), for liquidated dan,aa�-s. Such liquidated datria€yes, shall be eurnputed with respect to each individual laborcr or mechanic, including watchmen and guards, employed in Violation of the clause set forth in paragraph (1) of this section, in the SLUT of $1 t) for each calendar day on WhiCh Rich individual wits required or pormittcd to work in excess of the standard workweek of forty, hours Witltout payment of the overtime wages required by the clause set forth in paragraph (1) oFthis section. (3) 1'�'LLhlioldirte Ior unpaid Waecs and liquidated damages. 111C C11`}- shall upon its own action or upon written request of an authorized representative of the Doparcntent of Labor withhold or cause to he NvitliheId, from any moneys pa;able on account oI'Work performed by Lhc ConsLJllant or subcortsultant Linder any such contracts or anti rather federal contract with the same prince Con WItallL; orany L}iher federally-assisteel Contrrtct subject to ahc Contract Work HOUrs and Safcty Staiidards Act, which is held by the same 0617-096 TLL)AL 5ASIy GVT. CONISLILTING, UC:. C.' q of Sunny Isles Beach 19070 Collins 'Avenue, Sunny isles Reach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities ol'such C,onSL IUMLOr%LtbConsLLltanL for unpaldwages and liquidated damages as provided in the clause sct forth in paragraph (2) of [his section. (4) Subcontracts. The ConsLLhant or. SubConsu[nmL shall insert in any subcontracts the clauses set forth in paragraph (1) through (4)*ofthis section and also a clause requiring the 5ul)Consuhants to include these clauSeS in any lower tier 51LbC011trRGt". The prime Consultant shall be responsible for compliance bar any subC:onsultant or lover tier subConsultant with the clauses set forth in paragraph; {7 } through (4) of this section," t.t7. COMPLIANCE '~rVITHTHECOPELANDANTI-KICKBACK ACT (1) ConsLdlant. The CansUltant shall comply with 18 U.S.C. § 8745 40 U,S,C:. § 3145, and the requirements of 29 C,F.R. pt. 3 as may he applicable, whic-11 are incorporated by reference into this contract. (2) Subc:on[racts. The Consultant or subConsul[ant shall insert in any subcortracts the clause above and such other clauses as the FFMA may by appropriate instructions roquim., and also a clause. requiring attic SUbConsLdtants to-meludc these clauses in any lower tier subcontracts- The print Co11SUltallt shall be responsible for the ccnnpliance by any suhConsultant or lower tier subConsultant With all of these contract clsuscs, (3) Breach, A breach of the contract clauses above may be grounds for termination ol'Lhe. cantraot.. and for debar1nCrll as a Consultant and aubColtsUllant as provided in 29 C.I'.R, S 5.1 ` — 1.18. CLEAN AIR ACT AND THE FEDEI L WATER POLLUTION CONTROL ACT. Contracts amounts in excess Nell 50,000 shall agroe to comply Wv Lh all applicable standards, Orders pursuant to the Clean Aar Act (42 M,C , §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 ILS-C . §§ I251-1387). A. Clean Air Act (1) The Consultant agrees to comply with all applicable standards, orders or re'ulati(m istiued pur tuant Lo (lie CIO'EM Air Act. as amended. 42 U.S.C. § 7401 ct seq. (2) The Consultant agrees to report each violation to the City and understands, and agrees that City will, in turn, report eacli violation as required to assure notification to the State of Florida. Federal Emergency Management, Agency. and Lho appropriate Lrivirorirnental Protection Agency Rcegional Office. (3) The Consultant agrees to include these regUirernents in each subcontract exceeding $150,000 i'inanc4d in wholt or in part r-40 17edera.l ;assistance Kati-ovided by F!"MA. 66 0 -096 T I DA t,13 AIS IN (WT. L'UNI S L L'r N O. L LC, Crl,F of Suniq Rle,% Beach 18070 Catlin, Avenue, Sunny isles Beach, Plorida 331,60 (305) 947-0606 phone ( 05) 949 111 Fax B. Federal Water -Pollution Control Act (1) The Consultant agrees to comply with all applicable standards, orders or re.guhmons issued pursuant to the Federal WUtCr Pollution Control Act. as. amended, 33 U.S.C, 1251 et seq. (2) The Consultant agrees to repots each vie Cation to the City and understands and agrees dint t11e C sty will, in tom; report each violation as required to aSsu:rc nou f ication to Elio State of Florida. Federal Emergency Manageryicat Agency, and the appropriate E'tivironmental'Protection A&ncy Regional' Office. (3) The Consultant agrees to include these requirements in each subcontract exc�ee€ling $150,000 financed in whole or in part with Federal assistance provided by FEIVIA.. 1,19, EQUAL KM P1.{:11' 14 F..N7' OPPORTUNITY. During the perfonnance of di:is, comract.. the CMR, ultanL ag€ees as foI[ows. (1) The Consultant wil l nob discriminate a�-rainsL any cmployc e. or applicant fear crnployitient be-c-cruse 01'racc, color. religion, sex, sexual orietftarion, gender identity, or national origin_ The Consultant will tale affirmative action to ensure that applicant; are employed, arL that emptoyees are treaLed duri ngy c mploymcrtt without regard to their race. color. religion, sex. sexual orientation, bender identity; or national origin. Such action shall include, but not he limiter! Lcr t11e fbllowtng; cmployanunt. Upgrading, demolion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or ether Forms of compensation; and selection for training, including apprenLiceship. The C°onscrltam agrees to post in conspicuous , places, available to employees and applicants for employment, notices to be provided setting fortli the provisions of this nondisc:rinvinali€rn claLL,W. (2) The C;crnsultant will, in all snlicitations or advertisumenls fbr employccs placed by or on bchali'ofthe Consultant, state that all qualified applicants will i`eceive consideration for employment without regard to race, color.. religgioil, sex. scxLtttl orientation, getider idenLiLy, or national orig,ftt. (s) The. COUI;Ld(allt will send to each labor union or mprescmative of workers-wit17 which he has a collective bargaining agreement or other cantrad ol-undei_standing, a nutlet; to be provided advising the S-Ztid labor L01icrn or workers' rep- wnlat vcs of the Consultant's comm itments iinjer this Section, and shall past copies of the notice in collsptc;uous places uvailable to emptoyccs and applicams for employment, (`I) The C;orrstiltaait will c.ornply with all provisions Of FAecutive Order 11246 cal' Septerr bc.r 24, 196a, rind of the rules, rqulations, articl relevant orders of the Secretary *of Labor. (5) The Consultant will furnish all irtforniation and reports requimd by F.`xec;utive Order 1 1246 01' SepU!rnber 24. 1965, and by rulos, regolatic ms: grad orders of the Secretary ref 017,096 TJDAL L9A$JN QVT, t,'LYNSUIL'UN0, LLC, 9 City ofSunnv I_ es Beach 18070 Collins Avcnuc, Sunny Isles Beach, Florida 33160 (30) 947-0606 phone (34'5) 949-3113 1-aK I.,abor, or pursuant thereto; and will permit access to his books, records, and accotints by the administering agency and the Secretary cad' Labor fiir purposes of investigation tt ascertain complitmce with such rules, regulations, and mlers, (6) In (hC evont ol'tltc ConSultant'S none€ rripliarice with the nondiscriniinat-ton clauses of this contract or with any of the said rules, regulations, or orders, this contract rnaybecanceled; terminated, or suspended in whole or in part and the Consultant may be dec:-lart:d ineligible for further Government c.antraats or federally assistedconstruction contracts is accordance with procedures authorized in Executive Order t [246 ofSeptember2'4, 1965, and such other sanctions may be imposed and retnedK s invoked as provided in Ex,cuii e { lyder 11246 of Septemher 24, 1965; or by rule, regulation, or order aF the Secretary or Labor. or as otherwise provided by law. (7) The CODSultanL Will include (lie portion of the .wiltence immediately preceding paragraph (1) and thy; provisions of paragraphs (I ) through (7) in every subcontract of -purchase order unless exempted by rules; regulalicros; or orders of Lhe Secretary of Lahor issued pursLU1111 to secuon 204 of Executive 0rcler 11246 of September 24, 1965. so that suclt provisions wi 11 he binding upon each suhConsultan.L or vendor. The C Onsultant wvill take Rwh aeLion with respcot to any subcontract or purohasc oixler as the administering agency may direct as a nnezn.s of enforcing such provisions, including sanctions, for noncompliance; provided, however, thaL in the. VVent a Consulian( becomes involved in, or is threatencd with, litigation with z siibC.onsultant or vendar as a result of such direction by the adminNterility agellCy, Lhe C'onSultctnL may request the United States to enter LnL0 such litigation 10 protect the interests of the United States, 1.20. SUSPEN:S10N AND DEBARMENT. During the perforrttance of this contract, the Consultant aerees as follows, (1) This contract is a covered transaction for purposes of 2 C.I'-*_It. pt. 180 and 2 C.F.R. lit_ 3000, AS Such Lhe.• ConSillLttnt is required to verify that none U1 LhC Consu'ltattt, its principals (defined at 2 C',I-A. § 180.995), or its affiliates (defined' at 2 C.F.K.. § 180,905) are excluded {defined at 2 (-F.il_§ 190.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Consultant nyust comply with 2 C.F.R. pL. ISO.. subpart C and 2 CY R. pt. 3000, subpart C and must include at requimment to comply with these regulations in any lower tier covered tranSatcLion it enters into. (3) This ccrtifieatioa i3 a material represcntation of fact relied upon by the City of Sunny We Beach. If it ii later determined thaLL the Consultant did not comply with 2 C.F.R, pt. 130, subpart C: and .2 C"..FA- pt. 3000, subpart C, in addition to remedies available to the City ol'Sunny Isle Beach, the Federal Governivioni may pursue availablc remedies, including but not limited to ;uSpenSion and/or debar-nent. 6617-096 TIL)AL BASIN 6VI. CONSUL' INQ LL , 10 City ofSionity Isles Beach 18070 Collins Avenue, Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-31 13 fax (4) The bidder oi- p'roposer agrees to comply wit11 the requ i renlents of 2 C. F .It*. pt. 180. subpart C and 2 C.F.R. pt, 3000, subpart C while this offer is valid and throughout the period of any contractthat may arise from this offer_ The bidder or proposer fullheragrees to include a provision regLtirinv. such corn pIIance in its lower tier covered Lransact 1ons." 1.21. RVRJ) ANTI-L(`t1313YINC AMENDNW.NT. Consultants who apply or hid fir an award of $100,000 €7r more shall file the required certilication. Eaoh tier eertlfirs to the ti.crabcivc that it will not and has not used Federal appropriated funds to pays any person or organization for influencing or attempting to influence an officer or employee of any agency, a rnembcr of Congress. officer or employee of Congress, or an employee of a member of Congress in connection Nvith 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-Fedcraal funds that takes place in connection with obtaining any 1=ederal award_ Such discicssures are forwarded from tier to tier up to Lhe recipient. 1.22. PROCUREMENT OF .HF:COV>I?Fr10) MATERIALS., In the perfonnance of this contract, the COFISI tanL shalt matte maximum use ol'pro€ UCts containing re:t;ovcrcd Tnxorlals that arc EPA- designated items unless the product cannot be acquired; (1) competitively within a tilneframe providing for compliance with the contraeL perfannance schedule; (2) meeting contracE perlbrirlancc regUiretrlents; or (3) at a reasonable price. 1.23. AUDIT, The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of tllree (3) years_ 1.24. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordina,ne-es and witll Title VI of the Civil Rights Act of 1994 as amended, Title YIII cif the Civil Rights Act of 1968 as ainUdcd, Title I ofthc Housing and Community Dvelopnient Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the .Americans with Disahilities .AcL cif' 1990, the Arc DiserilrlinaLion Act of 1975. EXULltive Order 11063, and with EXCCLR'LVC Order 11249 as amended by Executive Orders 11,175 and 12086, The Consultant will not discriminate against any employee or applioanL fbr ern pIoyment because o1'race. color. creed. religion, ancestry, national origin, sex. disability or other handicap, ago, marital/familial status; or status Nvitll regard to public assistance_ Thu Consultant will take aftirmative action to insure that all einpIoylnetit practices are free front sticll dlscriinlnation_ SU.C•11 enlploynnent prawcus include bL11 are: not limilcd to the following: hiring, upgrading, demo>;ion, transfer, recruitment or recruitment advertising_ layoff, termination, ]cites of pay or other forms of compensation, and selection for Lraaining. including apprenticeship_ The Consultant agrees to post ii1 conspicuous places, availarble to employees and applicants for cmploymenL. notices to be provided by the City setting. forth the provisions of this non- discrimination clause. The; C:onSLLIt£int agrees to comply with any Fcdcral rt gulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibiLs discrimination against the handicapped in.any Federally assisted program. 6617-096 T1DA1. RAS1N 0 VT. C ONISiII.T1NQ 1,I.C. Ci' ' ofSeipiny IVies Beach 18070 Collins .Avenue, Surnny Islew Reach; Florida 33 [60 (305) 947.0606 phone (305) 949-3 l 13 Fax 1.25. CONFLICT OF INTEREST. The ConSUILant agrees to adhere to trod be; govermd by the County Conflict of Interest Ordinance Section 2-11.1, as amended, and by Chapter 33 of thu Cite of SUriny ISIcS Bcach Code of Ordinances, which are incorpor-atad by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder_ The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement_ The Consultant further covenants, than in the performance of this ALroomcm, no person having any such Interest shall knowingly be employed by the Consultant. The Consultant guarantees that he,/,;he, has not offered or given to any nnember of, delegate to the Congress o['lhc IJnitcd Stales, any or part ul'this contrrcL or try any benefit arising therclrom. 1.26. INDEMNIFICATION AND WAIVER OF LIABILITY, To the fullest extent permitted by law, the Consultant agrees to indemnify and hold-lnalrmless Line Csitw; its agen& representaLives. of'iiuc:rs. directors, ollicials and employees Jrom any claims, liabilities, darnagcs, losses and costs, including, but not limited to. reasonable attorney fees to the extent cause; in who Ie or in part; by Lhe. professional ne;livence, eiTor or omission r31' Lhu Cori, ulta►nl or persons employed or utilized by the Consultant in performance 0fSCrvicc5 under this Agreement, Consultant shall at A times hereafter indcmmify. hold harmless and, at the C.ity's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors; oJ'[wials and employees lrorn and a minst an,r and all causes of action, (ICInands. claims, losses, liabilities and expenditure; of any kind, including, attorney fees, court casts, and expenses; caused or alleged to be causod by the intentional or negliLvent act ol'. or orntssien of C:onstrltant. including those of their employees, agents, m- ants, or officers, or accrtlitig, resulting frDm, car diiectly related to the subjea matter of this .Ag-re.ement including. WilhouL limitation. any and all claims. lossus, • IIatbilitic:s. expenditures. demands or causes of action of any nature whatsoever resulting from injuries; or damages su tained by any person or property. In the event any Iarwrstt I L nr other pror•ceding. is bruu&t againsL GiLy by reason ol" any suclr c•laiM.' cause of action at' demand, Consultant shall, upon written notice from City; resist atnd defend such lawsuit or proceeding by counsel saLisi'aetory to City. The provisions and ohligations bl'thiis aec:Liun shall survive the; expiration or earlier termination of'this Agreement. TO the extant considered necessary byCity, any skim due Consultant under tz this Agreement may he retained by City until all of C>ity's olaima; for indemnification pursuant to this Agreement have bocn settled or otherwise resolved; and any amount w ltllheld shall not be serbjoct to payment of interest by City. The patties agree that One I hundred DoIIars; (!'100,00) reproscnls spveiiic corrsidceatioh to the Consultant for tho itide triniflcat ion set forth in this Agreement, 1.27.. ACCESS TO RECORDS. The fallou+ing acecss to records requirements apply to this C�7 nt3'alG t (1) The ConsLtllIOC agrees 10 prOVi& Florida ]division of Cmrgcncy Management. The City of Sunny Islet lieaoh, the I'I-A4A Adminktrator, the C;n7rrptmller General of the 011iLed 6617-H6 1`11)A1, AASIN (I 'T, Cf7MIJLTIN 1,1.IC, ' 12 ON of'Sr'rrfrnt' Aliev Reach t 8070 Collins Avtnue, Sunny Isles Reach, Florida 33160 (305) 947-0606 pllcane (305) 949- )1 1 7 Fax States, or any of their auLhorired represenLatives access to any hooks, documcnts, papers, and records of the Consultant which are dircetly pertinem to this contract for the purposes of making audits, examinatians, excerpts, and transcriptions. (2) The C.ow,;ultant agrees to permit any of the fortgoing, paLtieS to reproduce by any means .,hatsocver or to copy excerpts and transcriptions as reasa .ably needed. (3) The Consultant agrccs to providc Lhc FEMA Adrni^Estrato., or his autl:oriz.i.P:d representatives access to construction car other work sites pertaining La the work beinL, completed under LhE. contract." 1,28. 01-I8 SI-:AL, LOGO, AND FLAGS. The Consultant sliall not use Elie FIHS seal(s)t lops. crusts. or rcproduetions of flags or likenesses of DHS agency officials without specific FEMA' pre- approval. 1.29. COMPLIANCE WVFI,1 I..AW. Consultant shall comply with all laws, regulations and olAinances ol'any lederall, StaLLG, or local govcrnmcntal &Ithority havIng..jurisdiction with respect to this Al!MCMCnt ("Applicable Laws") and shall obtain and maintain anyand all material permits - licenses, Approvals. and consents necessary for the lawful uonducL of the al.ctivlties contemplated under this Amunicnt. 1.30. C'OINUMANC'k: WITH FFID1+RA1, LAW, RF-IGULATIONS, AND EXECUTIVE ORDERS. This is an ackrtowledg,ement that FEMA financial assistance will Ise used to fund the contract oniv. The C onSILltault Will comply will all appllcalbte federal law. rerlulatlons. cxmitive orders, FCNIA policies, procedures, and directives. 1,31, I'R(1C. RAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Consultant acknowledges. that 31 U.S.C. Chap. 38 (Administrative Rt medies for False Claims and :Statements) applies to t11e Consultant's actions pertaining, to this con Lralcl. 1.:32. NO OBLIGATION BY FEDERAL GCIVERNNIEN'T, The Federal Government is not a parry to this contract and is not subject to any obligations. err liabilities to the non-Fcderal cnlity, (:: rnsulttlnt, or another party priningy uto any matter resulting from Elie contract, 1.33. (..'Q VT.JC:T1NC PI{OVISIt?NS. In Lhe. event of al conllict between the Contract DoULLMO AS or .any a tribiguity or missing specifications or instructions contained in Ellis /1g.reernent; Request for 1'ropo5atl 18-04-03, and Consuttant's Response to RoquQst for Proposal 18-04-03, (lie l'ollowIng priority is established i. This Agreement ii. The t4rtlts and conditions of Rcctuest for Proposal 18-04-03. iii. C'onsultam's Response Lu ReCILLesL for Proposal 18-04-03, amachcd hereto as Attachment "A". 1,34, tMIS(,,1.'I.IJ.ANNJ+ 1A1 fife l?-n% TIDA,I, r' AS IN fl1fT (.'ON! 11L:l'Iwl.;. I.I.C., 13 City of Sminy Ales Betrch 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phow (305) 949-3 113 Fax A. 1n the event any provision of this .Agreelnent is found to be void and unenli�rceable by a COUrt of competent jurisdiction, the rcm�lning provisions al' this grcemcnt shall nevertheless be binding upon the parties with the same efFect as tllougli the void or unenforceable provisions had been severed and deleted. 13_ Thk Agreement may be eXZCLLted iii multiple identical C.otanterpal'ts, each okv'htch shall be decmed in oriental for all purposes. C. This .-Agreement shall Constitute ibc entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and corm-mporanerws tarn] and wriLten ncFOLia1i0n1,, co nmitmentS, a0rcemcnLS and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties LO this Agreement. E. `Ja waiver of any pro -vision of this Agreement shall he valid or enl'orcc;ablc; unless such waker is in writing and signed by the party granting such waiver. [Renruinf&r ofp a;;e inlemfio€ allp left hftritkj 660-09E TIOAI, RASIN CIS"T, CON- 5,1J1,TtT 6j f.I.C. 14 City of Sunny Asks Beach 18070 Collins Avcnucc, St any Isles Beach, Florida 33160 (a05) 947-0606 phone {305) 949-3113 Fax IN WITNESS WHF.R OF, the parties heretic have executed this Agreemerit in triplicate can the day and year first written above. W I'I'NV-SS: f� S ignanire 4 e'� at n n VW;- Print N�ImC TiV-, IMC, City C lcrk Department Head . G617-096 T1DAL BASIN GVT. CONSULTING. LLC:. TIDA1, RA, lNj C.iov'FRINf�4k+INIT )NTING, U.C. John W- Marini, President & C20 CITY 0 le SUNNY ISLES BEACH BY: Christo er J. Russo, City Manager APPROVED AS TO FORM AND LFGAT. SU1 le[CI NCY BY: w� 15 `�rfl-dr Upk W Consultant shall complete all secdons of the following price sheet. The hourly rate must include all costs associated with the performance of the contract as a result of this RFP. The pricing below ,must include overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses. Proposers may offer other required positions as necessary with We written approval "Of the City's Project Manafler. ITEM # POSMON HOURLY RATE Project Manager 205.00 1.1. + ... field Supervisor $ 145.00 1.2. Field Munitur $ 10O-00 "_...-_._. 1.3, �TDMSMonitor 1,4,� --- 145.00 Debris Site Security GIS Specialist — _ $ 105.00 .3.Ff, 120_00-------- -- — 3.7. Data 1"" 300-00 1.8. Data Manager li}.00 - - -- Reimbursement Manager 17,QO 1.10 Aerial Photo Package (5 Phutos per Flight, agQp.da different locations) Photiograph Copies (Duplicate or Original 1.11 Approved Photo) 1.12 Additional Photographs (per photo, sameflight, $ 2,5flG.00 same location, different -view) 1.13 Additional loca#ion (one photo, same flight, $ �C,5d0.0 1 different Inca ' n)_.,-- Authorized Slgnata - ?-- Executed by; stun R Glenn pity of Sunny Isles Beach lRequest for Proposals disaster De}aris Monitoring No, 18•04.-03 i I� 1 BID SUBMITTAL FOR! ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLCTE FART Z OR PART II, WH';ICHEVER APPLIES - PART I: L11T BELOW ARE THE OAT18 OF ISSUE FOR EACH ADDENDUM RECEIVED IN 0"'NEMO" Writ? T P 810 Addendum #i, Dated Friday, April Ili 201E Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated. 1 Addendum 46, Dated Addendum #7, Dated Addendum #SF Dated PART II: MO ADDENDUM WADS RECEIVED IN CONNECTION Wild THIS BID FIRM NAME: 1°idal Basin Govarnment Consulting, LLC AUTHORIZED SIGNATURE: _ DATE: i15{fl$J��18 � .... TtrLE OF OFFICER Vice Pr4�51id2nt City of Sunny Isles Beach IReque5t €car Pmpwak Disaster Dvbri5 P4onitoeing No.18-04.03 I I F I DELIVER W. City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beath, FL 33160 REQUEST FOR PROPOSAL SECTION is BID SUBMITTAL FORMS fax 1, ;Lj- r�- OPENING - Thursday, May 10, 2018 ,-30 PM PLEASE QUOTE PRICES, LESS TABLES, FOR THE CITY OF SUNNY ISLES BEACH, FLORIUA MOTE: City or sunny isles Beach is exempt from all taxes (Federal, Stater and Local). Bid price should, ae less all taxes. Tax Exemptlun Certificate furnished upon request. issued by: Purchasing Agent Date issued: This Bid Subrni'twl Consists of Genesis Cuevas 0412512018 Pages 40+ Sealed. olds are subject to the Terms and Oondi0ans of this Request for Proposal and the accornpanying Bid Submittal. Such other contract pnovisions,.'specifications, drawings or other data as are.attad*d or incorporated by reftwen,,e in the Bid Sutrrnittal, will be received at the offloe of the City Clerk at the address shown above uhV1 the above stated time and date, and -at that time, publicly opened For furnishing the supplies or services described in the accompanyl�q Bid Submittal kequi; mcnt, RFP 18.04-0 Disaster Debris Monitoririg Services & Financial RecoVaq Assistance 1r�vrWrementAcrerrf; Firm c Genesis Cuevas Tidal Basin Government,Consulting LLC Cummodifv. Code(&) R FTffRJV ONE fLEt'3r'RGfA►IG"Cl]FY/FIASt!llRlV€OR rwD,k ONE [!A'IGI Af ANLI! FOUR COPIES OF SIB 5fffiM1rTAL PA rrESA ND AFFID,d G?i5 FAILURE TO SIGN PAGE 43 OF SECTtl)N 6, BIR SUBMITTAL WILL RENDER YOU FL 4ID NO N- RESPONSIVE City of Sunny Isles Beach Request for Proposals Disaster Debris Monitoring No, 18•04 03 "fl, ()I i,,, rr- BID SUBMITTAL FORM Bid Title: Disaster Debris Monitoring Services & Financial ReCovery Assistance Tne undersigned Consultant proposes and agree, if this Bid is accepted, to enter into an agreernent with .T-ne City of Sunnylsles Beach to perform and furnish all Work as spedfred'or Inditated In the Contract Documents for the Contact Price and within the Contract Tine indicated in lltiis Bid and in aczordance with the other terms and cunditions of the Contract Documents, The Consultants accept a II of the terms and candItlans of the Advertisement and Instructions to Consulkants, including vilthout Ilmltatfon those dP.alingi with khe disposition of Bid Securibl, This Bid' will remain subject to acceptance for 90 days after the day aF Sid opening, The Consultants agrees to sign and sutirpit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award, In submitUng the Bid, the Consultant represents, as more fully set forth in the Agreement, that: ■ The Consultant.has familiarized himselfJherselF lAh lihe nature and extent of the Contract Documents, Work, locality, and a.l Iml conditioM' and Law and Regulations that in any manner may affett cost, progress, performance, or furnishing of the Work, • The Consoltarlt has stud -led carefully all spVcifications and requirements_ ■ The Consultant has given the Cibj written notice of all tanflicts, errors, disuepandes that it has discovered in the Contract Documents and the written resolution thereof by City i� acceptable to the Consultant, ■ This Bid 15 genuine and not made In the inter; st of or on behalf of any undisdosed person, firm or corporation and Is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Consultant has not directly or indirectly induced or solicited any other com ilOnts to submit a false or sham Bid, the Consultant has not solicited or induced any person, frrh or corporation to refrain from Ridding; and Consultant has not s64ht by callusian to obtain for itself any advantage over aoy other Consultants or over the City. The OWand the successful C+3nsultant will establish comptetibn times for each individual Work Itemand the suo:essful f; ont tultant agrees that the work will becompleted wILhIn the,tirne frames agreed upon and sUpulaUtci in the individual Purchase Orders andlor' Notice to.Proceed. City of Sunny Islet Beath I Request for Proposals Disaster Debris Monitoring No. 11$•04.03 I I I ,"+ CI SUN',. Firm Name: Tidal Basin Govemment Consu[Ung, LLC Street Address; 1A BUS[ness Parr Drive Mail[ng Address (if different); Utica, IVY 13502 _ Telephone No- 315-797.3035 ___Fax No. 3 5-797-1090 Email Address: sglenn bdalbasingroup.carn�FEIN No.-5 �`9������ I I I * By signing this document t#e ProMoragrees to a Terms Cai7di&n Signature, (Signature of authorized agent) Print Name: Steven Glenn Ya� President Tide: THE EXECUTION OF THIS FORM CONMT111TES 'THE UNEQUIVIDCAL UFFER. OF CONSULTANT TO BE BOUND BY THE TERMS OF ITS PROPOSAL, FAILURE TO SIGN THIS 5OL•ICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE CITY MAY, HOWEVER, Ifni ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UN9QUIVOCALLY BINDS THE CONSULTANT TO THE TERMS OF ITS' OFFER. Ci#Y Of SuAny ISEes beach Propnsals disaster Debris Monitoring No. IM4-01 I Section 7 QUAtIFZUATION STATiEMENT _ Check one: _ Submitted B : Tidal Basin government Consulting, LLC Y _ _ ., ®: Corporation Name: Steven Glenn ❑ Partnership Addri ss: 126 Business Park Dr .. _ ❑ Indivclual. City, State, Zip Utica, NY 1350- 315-797-3035 ❑ Other Telephone No. Fax No, 315-797-1090 1, Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Proposal. Please arch certit icate of competency and/or state registration. Document # M1000Q000434 2. Have you ever failed to complete any work aivvarded to you? If so, state when,. where and why; No. 3. State the names, telephone numbers and last known addresses of three (3) references with the most knowledge of work which you have performed and to,: which you refer (indicate government references T applicable). City of Sunny Isles Beach !Request for Proposals pilaster Debris Monitoring No_ IM4-03 I kil I 1 -'rF ai psi f�- jay,Wh Kroll. City of Aventura, FL-19200 ua Caun" ❑ub Orive, Avorhrra, FL —phone- 305-i66-sqm Pik-r Sdwrtema, Or-iversity of Me%mi • i320 S. t4xi2 Highway, Suite Q00, COfdr Gables, FL '331Ms— Phone; 305-Z84-3153 5tevin+.o Kuride, CPht, City ut S9Urh Miami eeadl- 613(1 Sunset t)r, 5ovh Miami, FL 33143—Phony: 305-663-6339 4- State the name of the individual who will have personal supervision of the work; Greg Szymanski OPN7: Pon Anderson 5. State the names and addresses of all businesses and/or individuals. who own are interest 'of more. than five percent (5014) of the Offerorns business and indicate the percentage owned of each such business and/or fndividual: I. , . --I I — $- State the name of Surety Company which will be providing the band, and Frame and address of agent, N/A 7. Attach a financial statement including Consultant's latest balance sheet and income 'statement showing the follovving items: a) Cutrent Assets (e,g„ cash, joint venture accoun", accounts receivable, Flutes recelvab]le, accrued income, deposits, materials, real estate, stock$ and bonds, equipment, furniture and fixtures, inventory and prepaid expenses); b) Met Fixed Assets c) Other Assets Qty ofSunny Isles Beach 113erfui sA for Proppsah Disaster Oebrls Monitaring Na, 1 1 1 'Ij' 01 Aux E 1 N I e d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, Capital stock, authari7ed and outstanding shares par values, earned surpkis, ands retained earnings)-. B. State the name of the firm preparing the financial statement and date thereof., Flrley, Moran, Freer & Eassa, CPA, PC 11. Litigatiori/Judgements/Settlements/Debarments/Suspensions Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services regt,ested herein that have occurred within the last three (3) Years. Also indicate if your firm has been debarred or suspended from bidding. or proposing on a procurement project ay any government entity during the last five (5) years. NIA city of Sunny Isles Beach (,Request for Fryosaf$ Olsaster Debris Monitoring No, 18 „ON -COLLUSION AlFIDAVIT City of Sunny Isles Seaeh 1:0X Collin s ANenm S� '+�• fR4F1P ` SrinIsles Beach, FL 33261 - 1 Tolcphono:4006) 947.06114 Faye (MS) e49-31L.3 STATE OF #LORWA } COUNTY OF � } The undersigned being first duly swohl as pro;-;ded by iaw, deposal, Qn,d says_ This Afildavil is made with the ftrawiedga and fntent ghat It Is to be Filed wF ih lr(e Clty of sunny Isles Seach >,Jty COrn:TISSien and (hsl k wilt be relied upon by said County. Irk any cpnsideraWn WhIch may giti%- co and any action it may lake 1viL''I respect. Fn•lh?s RFP'. iha undersigne, Is aulllorized w make this AMdavit on behalf of, Tidal Dawn Government Consultlna, !_LC (Name of Corporation, Partnership, Individual, etc.} a Corporation form1f4ashingl:an, 4C . ed under file lati+rs of �rype of Business} (Stiatea VKe President of witch he is (sole Ovmer, Parinar, President, etc.) Maher the unlanigr wd nor any persoh, Frm, Dr oorporadan named above nor anyone else tU th6 kn0W eC90 of Lill' uncrersigt ed,. have iherwelyes solicited or ehWloyad anyone elsz to sollrzt favorable adt0M1 for iris RFF by the CFIy, also (hat no head of any department or employee "reln, ar any officer of the Cily e' Sunny Isles Deach,'Fiorida is directly interested (rtereln_ ThN RFP is genuine and not• Collusive Or a sham; ;he person, firm {ir Corpoiaeon named dhove has not miludect, conapiraci, canrdvetl'or agreed dlre0y or indirectly YAlh any proposers 9r person, Firm of Corporation, la, put in a sham RFP, or chat 9Uch-- person, firm or torppra(ion, 5hall refrain from Bidding, and has not En any marnner dfriiCly or Fndireclly, supghi by ag;Eement or cotldsion. or cpmm;lnicalfon or gorkferenee wile arty person, firm or caspripdon, (o fix the p:koes of maid Bid ar Ms of arty other prioposers, and al[ slafe[lenfs tontaiired to the RFP of RFP's dEcribed above true; znC further; neither (he undersigned, nor the pins% Inn or tmrparatfgn named above nos directry or Qldue* subMitled said RFP or the cohterits thereal, of diruulgad hfwmaiion or data r=_lalkta Inercio, (n any associxiwl ur to any mernber or agent thereof. - Vice President AFFIAN'rSIN,gtAE AFFIANTS TIE E TAKEN; SWORN AND SUBSCRIBED TO BEFORE ME tht day of Pdrsonall,/ Kno++rvt _ of Produced IdanlifiCation Typ o arlde,10Mtlon friHur so31 here) . /f /Q �! ARY PUBLIC (nacre printed of ty+P —00 SRIANNA L. MOYER r�o-in polfa iri the State arrow Ytlrk, ru311fieQlri tSrrefv"a Caur�tyGiM#f�449ii ® IAyCcvnnl�slae'�llaifesOrc,�3;2� t +=14 9 (7 0 4UN� x 7;1 F10 11tJ13LIC ENTITY CRIMES City of Sunny isles Beach ' L + I B070 Collins Aveaue 4 y��ry'FLOFi o`r S�nWcs Beach, FL 33160 Tek?non! (3Q 647-060B Fax: 1906) 049-3113 SWORN STATEMENT PURSUANT TO SlECTIOtN 287.%33(3)'(a) FLoRi A STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2} (a) of Section 287..133. Florida State Statulea - "A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a Bid on a Contract to prbuide,any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the conslruction or repair of•a public building or. public U4rork, may not submif Bids an leases of real'properry In a public entity, may not be awarded to peifonn Work as a Contractor, supplier, Sub -Contractor, or Consultant under a Contract with any public entity, and may 4nt transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for -thirty six months from the date of being placed on the convicted vendor list", THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER 0Fri cIAI_ AUT"ORIZEC) TO ADMINISTER OATH5. 1. This sworn statement is submitted to C ity of 6 u n rry Isles Beach t}y 3levrn Glenn. VIA-preflJenl jp I inrwouea rams and mlcj for T--dal Besu, Gmrn ncil Cwduhin. LLC [pSm n 2 at c6l.ily eubrnlirV sK1un sffi:emeall whose business address is. 121 %,i,e ; ,ark prWe, UGo, NY 135n2 and (if applicable) its Federal Employer Identification number (FEIN) iS.14-es26493 (If the entity had no FEIN, include the Social Security Number of the individual signing lets sworn 2- 1 understand that a "public entity crime" as defined in Paragraph 237.133(1)(g), Florida Statutes, means a violation of any stale or federal late by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other slate of the United States arid, involving antitrust, fraud, theft; bribery, collusion, racketeering, conspiracy, or material misrepresentation, 3. I understand that "convicted" or "conviction" as defined in Para. 2.87-133{1)(4), Florida Statutes, means a finding of guilt or a conviction of a public -entity crime, with or without an a.ajudicalion of guilt, in- any federal or state trait court of record nl lating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contenders. 4- 1 understand that an "affiliate" as defined in Para, 287.133(1){a), Florida Statutes, means,. a.) predecessor or successor of a person convicte(I of a public en lily crime; or b.) Any entity under the contioi of any natural person who is active in .the management of the entity and who has been convicted. of a public entity crime- The term "affiliate" includes these officers, directars, executors, partners, shareholders, employees, members, and agents Who are'aclive in the management of an affiliate. The ownership by one person of shares constituting a•cantrol)ing interest in an6ther person, or a pooling of equipment or income among persons when not for fair 2 of 10 market value under up arm's length agreement, shall be a prime facie case that one person controls analher person. A person who knounngly enters into a joint ventufe with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate, 5. 1 understand that a "person" as defined in Pars. 287,133(1)(e), Florida Statutes, means any aalural person or entity grganized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entily, or which othenvise transacts or'applies to transact business with a pvblie entity. The terra "persons" includes those offrgers, directors, executives, partners, shareholders, emnfnyaes, rnernburs, and agents who are active in rnaw 3gement of any wily. Rased on information and belief, the statement which I have marked belvar is true in relaSun to the eritity zubrnitting thir, sworn statement_ (Indicate which statement applies-) x Neither the entity submitting this sworn statement, not any of it's officers, dirc+rtors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nos arty affiliate of the entity has been charged with and.coavicted. of a pubiie entity crime subsequent to July, 1,. The entity submitting This sworn statement, or one or more of its officers, d1reatore, exbculives, partners. shareholders, employees, members, or agents who are active in the management o.` the enfibi, or an affiliate of the entity Figs bean chargedd'with and convicted of a public entity crime subsequent t+� July 1, 1989. The entity svbmitting this sworn statement; or one or more of Its officers, directors, executes, partners,; shareholders. employees, members, or agents who are active in the managerrlenl of the entity, or an affiliate of the entity has been .charged with and convicted of a public entity crime subsequent to July 1, 19",, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Iearing& and the Filial Order entered by the Hearing Offioer of the Stale of Florida, Division of 'Administrative Hearings and the Fiaal Order enteredby the Hearing Officer determiriad that it was not in•the public interest to place the'entity submitting this sworn statement ❑n the oonvicted vendor Itst. (Attach A copy of the final order,) I UNDERSTAND THAT THE SUBMISSION OF TH15 FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH i (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONO( AND, THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR Ifd'iM1!'HICH IT IS FILED. I. ALSO UNDERSTAND THAT•I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR.TO ENTERING INTO A CONTRACT IN EXCESS or- THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY 1 WO OF ,ANY, CHANGE IN THE INFOERMATION' CONTAINED IN THIS FORM.. By. n, • (Si qveven Glenn (Printed Name kAM PresitlAn (Title) Sworn to and subscribed before me this �' day of� 20 , by (/AFFIX NOTARY STAMP HERE) BAIANNA L. MO1 E pt ftataryPuh�r�l�elsleit�'ewYorh St luxe: Flutary PublF -State ofFrFesr�Ca.� (% A?yi:armiasldn LtFlres Ose, 23, 20 °" •• , Ptint a Comitr stoned ame Peesanal:y Itnovrrt -- r%,j OR Ptodiij qd Identification _ Type of Identifica,ion Produced in 3orio I, I i i 1 1 1 1 1 1 1 1 1 1 1 1 1 e i 4 SONNY ¢F RCJ_AL OPPORTUNITY f AFFIRMATIVE ACTION i,`',. o�°�•�City of Sunny Isles Beach 'o!oa `' S807U���sAvenue Svnrlykl�y Beach, F! 53180 1'elephane: (305) 9a7-9&06 FEY.. (D5) 940-1113 EQUAL- OPPORTUNMI AFFIRMAT3VE ALTIJN STAT €ME IT The contractors and all subcontractors hereby agree 11-0'�.commitment to the principles and practices of equal opportunity in employment and to cOmply with the letter and spirit of federal, stater and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, ague, handicap, marital status, and political affiliation or belief. Signed:.JL�" Title: Vice president Firm: Tidal Basin Government Consulting LLC Address: 126 Business Park Drive Utica, NY 13502. 4 of 10 �M I CONFLICT OF INTEREST Gty-of SUnnylslesBeach tPt', z 1$070Collins Avenue 50ny Isles each; FL 3316tj i�s� ar T reiephan4:t3()51997-08(LS FaM;(30Sl9d9-3.W y� jr. F�p4t e,rr 4`'uN Fro CONFLICT OF INTEREST STATEiWENT The award of any contract hereunder is subject to the prov;siom of Chapter 112, Florida Slate Statutes. Proposers m;:st d;sdose with their Us, the r,a , e of any ofiit-err dirp.etar, partnerr associate of boQA11Nh0 is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA CQUN1Y OF BEFORE ME, the undersigned authority, personally appeared Steven Glenn who was duly sworn, deppses, and states; 1, I am the Vice President of Tidal Basin Government Consulting, LLC office in with a local in Utica, NY and principalpffiCe 2. The above na;ried entity is submitting a Bid far the City of Sunny Isles Beach, Did.No_ described as OlsaSe�r�errrisManlsoring5rrv,[es& Flnan[Ia1Rp{Ov2r}rAsslstznee, _ Tt,e Affiant has made ditigent inquiry and provides the information: Contained in this Affidavit based upon his own knowledge, 3_ The Affiant states that only one submittal for the above Bid is being subrnitled and that the Aave named entity has no Financial interest in other entities submitting8ids Forthe same pro-ject. 4. Neither the A6fian: nor this above named entity has directly or indire ctf enterpd into an are Y Y agreement, partlelpated in any collusion, or {otherwise taken any action in restraints of tree competitive pricing In canne[tfon with the entity's submittal For the above Bid. Thls statement restricts the discussion of pricing data until the completion of negotiations iF necessary and execvl.ion of the Contract for thla project. 5: Neither; the enfty nor its affiliate;, nor anyone associated with therm,, is prGspntjy suspended or otheewise ineligible from participation in contract lettirlg by any local, State, or Federal Agency. G. h#eitlier th'e entity, nor its aiTiliateSr near anyone assotii3ted with illem have any pratential Conflict of intgrest dueto any,ather Clients, contracts, or property interests for this project 7. I certify that no member oFthe entity'sown ership or managarne+lt Is presently applying for any employee position or aOfvely seeking an elected position with the City of Sunny Isles Beach. R_ 1 certify that no member of the entitys ownership or management, or staFf has a vested interest in any aspect of the City of Sunny Isles Beach, 4 7; In the event that a conflict of interest is identified In the provision of services, I, on behalf OF the above named entity, will immediately notik the City of Sunny tsles Beach, Dated this day of 213 J � • Steven d!ann, lice President AMANT Print or Type Narine and Title Swam to and subscribed befere methis E day of _ 20) M�Personally Known, OR Ct Produted Idaii -,ifitation -Type of Idon t1ficatiori NGTARY AU8LIC STATE OF 4 CRIANNA L, MO1CLRt Natary MR in ih: 91a1y 4f Mow yolk S of 10 ' ChaaliliedIhOneida caggly0jM' �4g� Mp �am,�lssion y�pueSC12G. �'3; i�t� F 1 y 5 �. -ry ertF =I, DI-SPUTE DISCLOSURE V � S City of Sunny Isles Beach 1074 Collins Awnue %�,'' • rte�', v4. Svnny Islas Ben -IF, Fi 52160 �' =a .o� "� Telephorq (SO�j sb7-06flfi Fax {305j 9:$ 3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No If you ans►iper `iYes•. f please explain in the space provided, or on a separate -sheet attached to this form. 1. -Has your firm or any of its officers, received a reprimand of ary nature or been suspended by the Department of Professional Regulations or any other regulatory agency at professional associations within the last five (5) years? t YES NO _ X 2. Has your firm, or any member of your frrrr>, been declared in default, terminated or removed frorn ? contract cr job related to the.services your firm provides in the regular course of business within the last Five (5) years? YES _ NO 3. ' Has your firm had against it or filed any requasts for equitable adjustment, contract claims, Bid protests, Dr litigation in the past five (5) years that is related io the services your firm provides in the regular course of business? x YES NO If yes, state the nature of the request for equitable adjustment, contract claim-, litigation, or protest, and skate a brief description of the rase, the outcome or status of the strlt and the monetary amount$ of extended contract time involved. i hereby certify that all statements made are true and agree and understand that any rnlsstatement or misrepreseritation of falsification of Fad shall be.cau5e For Forfeiture of rights for further considermon of this Bid for the City of Sunny Isles Beath. [ic!al Basin Gmmmmem Consulting, LLC 5E8� 49A Firm Datt; 5tewen Glenn, %r-w Pm uide,nt Authorized Signature Print or Type Name arEd Title I I I 6 fif 16 �I 0 Jf��1 F}UNwr .s = V _l '1• �• ar. i5r 4 r' f t � s4 Ctr µ1p / GI LVy h New York - TATE-C-FLORIDA } COUN7 OF Llne;da ANTI -KICKBACK City of 3unrly Isles Beach I BD70 Canine Avenue Sunny Isles 9eaGA, F L 331ZG T6aphme^_ (SH) 9Z -009 Fax: (SGS)949-3113 ANTI- ICKAAGK AFFIDAVIT I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid. will be paid to any employees of the City of Sunny Isles Reach or its elected officials as a commission, kickback, reward or gifts directly or indirectly by me or any member of sty firm or by an officer of the corporation. FiitIL.: 'Fite President The foregoing instrument wo - acknowledged before me this day of 201 L by [name of ers njr as . U)MA, ' [type of authority], for [name of party on behalf of whom instrument was executed], AFFD( NOTARY STAMP MERE: BRIANNA L. MOYER kataryPub�t Injh� 5;g:e of NexYulik a�alh�d uta��Iac�uue.N a� 1�fl�239453 l�yCamra�a., EaliresOse23, 2Q &taryPub1r1c—S6teaf-FW1dNfN YD Print or Type Commissioned Kame Personally Known ,_.. OR Produced Identification Type of Identification Produced 7ot1a Attachment "B" Scrutinized Company affidavit -BOYCOTT CERTIFICATION CONTRACTOR ANTI FT"",0 [PURSUANT TO TLC' RMA STATUTE § 287.1351 on behalf of Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan. List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date Attachment "C" Q4'eri y Affidavit Florida Statute 448,096 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the Laity of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.goy/employers/enrolling-in-e-verify) and follow the Instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name Offeror Signature Date Print Name Title Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this day of 2021, By ❑ Is personally known to me ❑ Has produced Identification (type of Identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date