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HomeMy WebLinkAboutReso 2026-4026RESOLUTION NO. 2026-4Q?f:`e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH DISASTER PROGRAM & OPERATIONS, INC. FOR DISASTER DEBRIS MONITORING SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 15, 2023, the City Commission of the City of Sunny Isles Beach, through Resolution No. 2023-3515, awarded Request for Proposals No. 23-04-02 to, and approved an Agreement with, Disaster Program & Operations, Inc. (the "Consultant") to provide disaster debris monitoring services in the event of an emergency (the "Services"); and WHEREAS, the City Commission approved the Agreement for an initial term of three (3) years, with an option to renew for an additional two (2) year term (the "Renewal Option"); and WHEREAS, the Consultant possesses the requisite qualifications, expertise, and licenses to perform all necessary work in connection with the Services specified in the RFP, and have expressed its desire to provide the Services to the City; and r,. WHEREAS, the City Manager recommends exercising the Renewal Option, to expire in June 2028; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with the Consultant to provide the Services on an as -needed basis, attached hereto as Exhibit „A„ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment. The City Commission hereby approves a First Amendment to the Agreement with the Consultant to provide the Services on an as -needed basis, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. @BCL@6414D5DE Page 1 of 2 249 "AT�'ES.T: 0 . Mauric6 Beta PASSED AND ADOPTED this 141h day of May, W-6) x Larisa Svechin, Mayor r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: - /L!v Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Seconded by: — V t Vote: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (Yes) (No) (Yes) (No) % (Yes) (No) Y(Yes) (No) es) (No) @BCL@6414D5DE Page 2 of 2 250 SNNr isF SFF FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE _ CITY OF SUNNY ISLES BEACH AND DISASTER PROGRAM & OPERATIONS, INC. CONTRACT NO.2023-6835 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH (hereinafter "City") and DISASTER PROGRAM & OPERATIONS, INC., whose Federal Employer WC ation (FEI) No. is 47-3936181 (hereinafter "Contractor"), executed this day o26, is made a part of the original Agreement between the City and the Contractor, dated June 23, 2023, attached hereto as Exhibit "1" and incorporated herein by reference. The City and Contractor hereby agree as follows: . 1. OPTION TO RENEW. Effective July 1, 2026, the City hereby elects to exercise its option to renew the Agreement for an additional two (2) year period, as set forth in Section 4 of the Agreement, up through and including June 30, 2028. There are no remaining renewal options. 2. COMPLIANCE WITH OTHER FEDERAL STANDARDS. City and Contractor wish to supplement and amend Section 21 of the Agreement, entitled "Compliance with Other Federal Standards," with Exhibit "2," which is incorporated herein and made a part hereof. 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement shall remain in full force and effect. 4. 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 Exhibits "1" and "2." 5. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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. Contractors must submit the certification that is attached to this agreement as Exhibit "3." 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 251 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 1 of 7 City of Sunrrp Isles Beach 18070 Collins Avenuc, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 6. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking, a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Exhibit " 4," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. DISASTER PROGRAM & OPERATIONS, INC. BY: Gabrielle Benigni, CE STATE OF FLORIDA COUNTY OF MyPr� The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of May 2026, by Gabrielle Benigni, as CEO of Disaster Program &Operations, Inc. (SEAL) Notary Public, State of Florida (Signature of Notary Public) FFI-? "'�ELIZABETH VALDES ®.N Notary Public,State of Florida . =Commission H HH 356226 a�`;� My Commission Expires May 09, 2027 Personally Known /or Produced Identification Type of Identification Produced: (Print, Type, or Stamp Commissioned Name of Notary Public) City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax CMC, City Clerk Department Head CITY OF SUNNY ISLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: AainE.leau, for Nabors, Giblin & Nickerson, P.A., City Attorney 253 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 3 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT 1 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 4 of 7 254 ay $�xKr's�Fse . AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH > n AND DISASTER PROGRAM & OPERATIONS, INC. CONTRACT NO.2023-6835 J"s'C➢a�:F OR�Otly�e STY tlF.sJ� re! THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of gJ (f , 2023, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and DISASTER PROGRAM & OPERATIONS, INC., a Florida for -profit corporation (hereinafter referred to as "Consultant"), whose Federal I.D. No. 47-3936181. RECITALS WHEREAS, the City is in need of a consultant to provide disaster debris monitoring services and financial recovery assistance for events, including but not limited to, hurricanes, tornadoes, windstorms, floods, and fires, or manmade disasters, such as civil unrest or terrorist attacks ("Services"); and WHEREAS, the City issued Request for Proposals ("RFP") No. 23-04-02, entitled "Disaster Debris Monitoring Services & Financial Recovery Assistance," as more particularly described in Attachment "A," a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon evaluation, Consultant was determined to have submitted the only responsible and responsive bid; and WHEREAS, Consultant is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, the Consultant has agreed to provide the Services, as more particularly described in Attachment `B," a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City wishes to enter into this Agreement with Consultant to provide the Services to the City, subject to the terms and conditions set forth herein and in the Contract Documents; and NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement: A. Request for Proposal No. 23-04-02, "Disaster Debris Monitoring Services & Financial Recovery Assistance," including any and all addenda ("RFP" or "Attachment A"). Disaster Program & Operations, Inc. Page 1 of 31 2551 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. The Consultant's response to the RFP ("Attachment B"). In the event of any conflict between or among the Contract Documents, or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement. B. Second, Request for Proposal No. 23-04-02, "Disaster Debris Monitoring Services & Financial Recovery Assistance," and all addenda. C. Third, Consultant's response to the RFP. 3. SERVICES. Consultant agrees to provide disaster debris monitoring services and financial recovery assistance, as more particularly set forth in the Contract Documents, including but not limited to, providing all expertise, personnel, materials, transportation, supervision, and all other services to rapidly respond to volumes of wide -scale debris. Activities shall include, but are not limited to, monitoring of the following: field operations regarding all storm generated debris; debris pickup; debris hauling; debris staging, and reduction; temporary debris storage site management; debris management; and final disposal of debris to an approved facility. Consultant must adhere to all requirements and regulations established by the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP), the Stafford Act, and any other governmental agency with jurisdiction over response and recovery actions, including the City's requirements. Consultant will be responsible for staying current with all FEMA and other agency guidelines and regulations and will be responsible for advising the City from beginning to end to ensure maximum financial recovery for the City. The City and Consultant agree that time is of the essence. The City shall issue an official Notice to Proceed to activate the Services referenced in this Agreement. The Notice to Proceed shall be sent by e-mail and followed by regular U.S. Mail. Under no circumstances shall the City be liable for any services rendered unless the written Notice to Proceed has been sent and received by the Consultant. The Consultant must acknowledge receipt of the written Notice to Proceed. The Consultant shall begin preparation for mobilization immediately after receiving the Notice to Proceed and be fully operational within twenty-four (24) hours. The City may issue a Notice to Proceed twenty-four (24) to forty-eight (48) hours prior to a storm event depending upon the magnitude of the event in order to allow sufficient time to prepare for commencement of operations. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to furnish all labor and material in a good and workmanlike and professional manner to perform the Services. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. Disaster Program & Operations, Inc. Page 2 of 31 2562 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax In the event the Consultant fails to complete the Services pursuant to the terms of this Agreement and City must undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section 9 hereunder, the term of this Agreement shall begin June 30, 2023, and shall remain in effect for an initial three (3) year term. The City, at its sole option and discretion, may renew the Agreement for one (1) additional two (2) year term, for a total of five (5) years. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 16 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. Consultant acknowledges that no payments will be made or due from the City unless Consultant is specifically engaged by the City for a specific disaster. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, with a not to exceed amount of Fifty Thousand Dollars and No Cents ($50,000.00) per disaster unless otherwise amended in writing. Should the Contractor exceed the not to exceed amount, it does so at its own risk and cost. Actual work issued under the Agreement will be in the form of Task Orders with a not -to -exceed amount. A. Disbursements. There are no reimbursable expenses associated with this Agreement except for expenses approved by the City Manager. The City will not pay and/or reimburse any additional costs, including but not limited to, travel, mileage, lodging, meals, and other travel and subsistence expenses. B. Payment Schedule. Consultant should submit regular invoices for no more than thirty (30) day periods. Invoice format and documentation should be acceptable for FEMA reimbursement. The invoices shall list the preceding months events for which the invoice covers, which shall include the event date(s). Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Consultant. Disaster Program & Operations, Inc. Page 3 of 31 2573 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all Services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement, or any action of the parties, shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties and Services as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office, and other supplies as it determines necessary in carrying out its duties and Services under this Agreement. 7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties requires approval in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, or employees, as indicated below: A. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, with the City of Sunny Isles named as an Additional Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles Beach. Coverage to be provided on a Primary and Non-contributory format. Coverage must be afforded on a form no more restrictive than the latest edition of Disaster Program & Operations, Inc. Page 4 of 31 2584 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Premises and Operation 2. Workers Compensation (Statutory) 3. Independent Contractors 4. Products and/or Completed Operations Hazard 5. Broad Form Property Damage 6. Broad Form Contractual Coverage applicable to this specific Agreement 7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. B. Excess Umbrella Liability with a minimum limit of Two Million Dollars ($2,000,000), over and above the Comprehensive General Liability, Business Automobile Liability and Employers' Liability limits and coverage forms indicated. C. Management Professional Liability with a One Million Dollar ($1,000,000) minimum limit of liability. D. Owned and Non -owned Business Automobile Liability with a minimum limit of One Million Dollars ($1,000,000). The City of Sunny Isles Beach to be named as an Additional Insured with the benefit of a Waiver of Subrogation. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles, if applicable; 2. Hired and Non -Owned Vehicles; 3. Employers' Non -Ownership. The City shall be named as an additional insured on the above -referenced policies. E. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Consultant agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. Insurance required 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 Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a Disaster Program & Operations, Inc. Page 5 of 31 2595 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. A. Termination for Cause. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and subcontractor(s)) shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Section 7. 2. Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause, immediately terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. Upon receipt of the notice of termination for convenience, Consultant shall promptly discontinue all work and to the extent indicated on the notice of termination, shall terminate all outstanding subcontracts and purchase orders as they relate to the terminated portions of the Agreement, shall refrain from placing further orders and/or contracting with subcontractors, and shall complete any continued portions of the Services. If the City terminates for convenience pursuant to this Section, the terms of Section 9(A)(i) and 9(A)(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in Disaster Program & Operations, Inc. Page 6 of 31 2606 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. D. Termination for failure to adhere to the Public Records Law. Failure of the Consultant to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18 below, may result in immediate termination of this Agreement. 10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement, the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of 10 (ten) years subsequent to that date upon which the Agreement is terminated or completed, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except 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 electronic mail (e-mail) with confirmation receipt (with a copy simultaneously 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 parry as follows: Disaster Program & Operations, Inc. Page 7 of 31 2617 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: Stan Morris With a copy to: City Manager City Attorney Office City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida Tel: (305) 792-1701 33160 smorris a,sibfl.gov Tel: (305) 792-1767 aboileau n law.com If to the Consultant: Gabrielle Benign, President Disaster Program & Operations, Inc. 404 West Palm Drive, #100 Florida City, FL 33034 Tel: (561) 436-3383 Gbemogni@dpando.com 13. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Seven (7) years. 14. NON-DISCRIMINATION. In addition to the requirements of Section 21, the Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation 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 Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of 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 for employment, notices setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 15. CONFLICT OF INTEREST. The Consultant agrees to adhere to, and be governed by, the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not Disaster Program & Operations, Inc. Page 8 of 31 2623 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax offered or given to any member of, delegate to the Congress of the United States, any or part of this Agreement or to any benefit arising therefrom. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials, and employees from and against claims, damages, losses, and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes, or omissions relating to Services performed under this Agreement. The Consultant's duty to defend, hold harmless, and indemnify the City, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury, impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes, or omissions related to Services in the performance of this Agreement, including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. 17. 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. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($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 Energy 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. Consultants must submit the certification that is attached to this agreement as Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant 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 Agreement and seek civil remedies pursuant to Florida Statute Section 287.135. 18. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public Records Law: A. Consultant shall keep and maintain public records required by the City to perform the service. Disaster Program & Operations, Inc. Page 9 of 31 2639 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Upon request from the City, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the City. D. Consultant shall, upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 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 AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4" Floor, Sunny Isles Beach, Florida 33160. 19. 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 provides that a public employer may not enter into a contract unless each parry to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant 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, Consultant is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant 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.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Attachment "D". Disaster Program & Operations, Inc. Page 10 of 31 2640 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 20. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. COMPLICANCE WITH OTHER FEDERAL STANDARDS A. General Federal Provisions. Work issued under this Agreement, may be fully or partially funded by Federal funds. Where applicable, in accordance with Federal law, Consultant shall comply with the provisions of this Section and comply with the authorities enumerated below, which are incorporated herein by reference. 1. 2 CFR Part 25.110. 2. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000. 3. Executive Orders 12549 and 12689 4. 41 CFR Part 60-1(a) and (d) 5. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations. B. Non-discrimination Acts and Authorities. In addition to Section 14 herein, for all federally funded work issued under this Agreement, Consultant agrees for itself, its successors, and its assigns, to comply, and to assure that any subcontractor also agrees to comply, with the following Title VI List of Pertinent Nondiscrimination Acts and Authorities. Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq. 78 stat. 252), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement; 2. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Disaster Program & Operations, Inc. Page 11 of 31 2651 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964); 4. The Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and proj ects); 5. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 6. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23 (prohibit discrimination on the basis of age); 7. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 9. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto (as amended 42 U.S.C. §§ 12101 et seq.) or in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; Disaster Program & Operations, Inc. Page 12 of 31 2662 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 11. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 12. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 13. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 14. Federal Fair Labor Standards Act (Federal Minimum Wage). All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance with the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. 15. Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Consultant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subcontractors' compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Consultant must address any claims or disputes that Disaster Program & Operations, Inc. Page 13 of 31 2673 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. C. Non-discrimination Clauses for Compliance with Regulations. 1. Nondiscrimination. The Consultant, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 3. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 4. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the Non-discrimination provisions of this Agreement, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: Disaster Program & Operations, Inc. Page 14 of 31 2684 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 5. Incorporation of Provisions. The Consultant will include the provisions of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. D. Mandatory Disclosures (31 U.S.C. §§ 3799 — 3733). For all federally funded work under this Agreement, Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this Agreement. The Consultant must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting any applicable Federal award. E. Conflict of Interest (2 CFR § 200.112). For all federally funded work under this Agreement, the Consultant must disclose in writing any potential conflict of interest to the City or pass -through entity in accordance with applicable Federal policy. Further, the City is required to maintain conflict of interest policies as it relates to procured contracts. A conflict of interest exists when any of the following occur: (i) because of other activities, relationships, or contracts, a Consultant is unable, or potentially unable, to render impartial assistance or advice; (ii) a Consultant's objectivity in performing the work is or might be otherwise impaired; or (iii) the Consultant has an unfair competitive advantage. F. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et sea), 2 CFR & 182. To the extent applicable, Consultant must comply with Federal Drug Free workplace requirements of the Drug Free Workplace Act of 1988. G. Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR 61-4.3; Executive Order 11246 as amended by Executive Order 11375). For all federally funded work under this Agreement, the Consultant agrees as follows: (1) the Consultant will not discriminate against any employee or applicant for employment because of race, color, Disaster Program & Operations, Inc. Page 15 of 31 2695 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting 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 considerations for employment without regard to race, color, religion, sex, or national origin; (3) the Consultant will send to each labor union or representative of workers with which it has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment; (4) the Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor; (5) the Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.; (6) in the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.; (7) Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Disaster Program & Operations, Inc. Page 16 of 31 2706 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax H. Minority/Women Business Enterprise. For all federally funded work under this Agreement, Consultant must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, in accordance with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance by all sub -contractors. Prior to contract award, the Consultant shall document efforts to utilize M/WBE firms including what firms were solicited as suppliers and/or subcontractors as applicable and submit this information with their bid submittal. Information regarding certified M/WBE firms can be obtained from: Florida Department of Management Services (Office of Supplier Diversity) Florida Department of Transportation Minority Business Development Center in most large cities and Local Government M/DBE programs in many large counties and cities I. Procurement of Recovered Materials. For all federally funded work under this Agreement, Consultant must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. J. Environmental and Energy Policies. For all work over the micro -purchase threshold, the Consultant and subconsultants and subcontractors will comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. K. Clean Air Act and Federal Water Pollution Control Act. In all work funded in excess of $150,000, the Consultant shall comply with the Clean Air Act as set forth below. 1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 2. The Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure Disaster Program & Operations, Inc. Page 17 of 31 2717 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax notification to the State of Florida, FEMA, and the appropriate EPA Regional Office. 3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance under this Agreement. L. Federal Suspension and Debarment. This Agreement may be covered in part as a transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Consultant is required to verify that none of its subcontractors, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 1. The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 2. By entering this Agreement, Consultant has made the Certification set forth in this section. This certification is a material representation of fact relied upon by the City. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 3. Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the term of this Agreement. Consultant further agrees to include a provision requiring such compliance in its lower tier covered transactions. 4. Certification Instructions a. By signing this Agreement, the Consultant, referred to in this section as the prospective lower tier participant, is providing the certification set out in accordance with these instructions. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Disaster Program & Operations, Inc. Page 18 of 31 272 B City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Orders 12549, at Subpart C of OMB 2 C.F.R. Part 180 and 3000.332. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database. Disaster Program & Operations, Inc. Page 19 of 31 2739 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 5. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Lower Tier Covered Transactions. Consultant has certified its eligibility within its Proposal and will secure the following certification from any subcontractors. The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the regulations implementing Executive Orders 12549, Debarment and Suspension, and OMB 2 C.F.R. Part 180, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. [READ CERTIFICATION INSTRUCTIONS ABOVE BEFORE COMPLETING CERTIFICATION] a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency; b. Have not within a three-year period preceding this been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Disaster Program & Operations, Inc. Page 20 of 31 2740 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. e. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. M. Davis -Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5). Consultant agrees to comply with all provisions of the Davis Bacon Act as amended. Consultants are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultants must be required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination issued by the Department of Labor in the Notice to Proceed. The decision to award a Notice to Proceed shall be conditioned upon the acceptance of the wage determination. N. Federal Lobbying. Consultant who applies for an award of $100,000 or more shall file the required Byrd Anti -Lobbying Amendment certification as set forth in the RFP. Each tier of subcontractor will certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier of subcontractor shall also disclose any lobbying with non-Pederal fiends that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Consultant. O. Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3). Consultant shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR Part 3 which are incorporated herein by this reference. Consultant is prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. P. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as supplemented by 29 CFR Part 5). All applicable work issued in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented Disaster Program & Operations, Inc. Page 21 of 31 2751 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Consultant and all subconsultants and subcontractors are required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market or contracts for transportation or transmission of intelligence. Q. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401). If the Federal funding for any work meets the definition of "funding agreement" under 37 CFR § 401.2, Consultant may be subject to additional standard patent rights clauses in accordance with 37 CFR § 401.14. R. Access to Records and Reports. Consultant will make available to the City, the Florida Division of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives any books, documents, papers or other records, including electronic records, of the Consultant that are pertinent to the Services and this Agreement, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. The right also includes timely and reasonable access to the Consultant's personnel during normal business hours for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are retained. The Consultant further agrees to provide the FEMA Administrator or his or her authorized representatives access to work sites pertaining to the Services performed under this Agreement. S. Federal Changes. Consultant will comply with all applicable Federal agency regulations, policies, procedures, and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of the Agreement. T. Safeguarding Personal Identifiable Information (2 CFR § 200.82). Consultant will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the City or is considered sensitive consistent with applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality. U. Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part 200). The City will not issue work containing Federal funding on a cost-plus percentage of cost basis. Disaster Program & Operations, Inc. Page 22 of 31 2762 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax V. Trafficking Victims Protection Act (2 CFR Part 175). Consultant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Consultant from (1) engaging in severe forms of trafficking in persons during the period of time that resulting contract]is in effect; (2) procuring a commercial sex act during the period of time that resulting Agreement is in effect; or (3) using forced labor in the performance of the Services under this Agreement. This Agreement may be unilaterally terminated immediately by City for Consultant's violating this provision, without penalty. W. Domestic Preference For Procurements (2 CFR § 200.322). As appropriate and to the extent consistent with law, to the greatest extent practicable when using federal funds for the Services provided in this Agreement, shall provide a preference for the purchase, acquisition, or use of goods and products or materials produced in the United States. X. Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive Order 14005). All iron, steel, manufactured products, and construction materials used under a federally grant funded project must be produced in the United States. Additional requirements may apply depending on the Federal Granting Agency provisions, please check with City for further details. Consultants shall be required to submit a completed Buy American Certificate with any applicable Notice to Proceed in substantially the following form: Buy American Certificate (FAR 52.225-2) Consultant certifies that each end product, except those listed in paragraph 19.26.2 of this provision, is a domestic end product. Consultant shall list as foreign end products in paragraph 19.26.2 those end products manufactured in the United States that do not qualify as domestic end products. "foreign end product" Supplies." 2. Foreign End Products The terms "domestic end product," "end product," and are defined in FAR 52.225-1 entitled "Buy American - Line Item No. Country of Origin 3. The Government will evaluate offer in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. Y. Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2 CFR § 200.216). Consultant and any subcontractors are prohibited to obligate or spend grant funds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or Disaster Program & Operations, Inc. Page 23 of 31 2773 l City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (3) enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country. Z. Enhanced Whistleblower Protections (41 U.S.C. § 4712). An employee of Consultant and/or its subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in 42 U.S.C. § 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. AA. Federal Funding Accountability and Transparency Act (FFATA) (2 CFR 200.300; 2 CFR Part 170). In accordance with FFATA, the Consultant shall, upon request, provide City the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. BB. Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII)). The Consultant shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of this Agreement, by posting the required information in the System for Award Management via https://www.sam.gov. Disaster Program & Operations, Inc. Page 24 of 31 2784 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax CC. Never Contract With The Enemy (2 CFR Part 183). For work funded by grant and cooperative agreements in excess of $50,000 and performed outside of the United States, including U.S. territories and in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities, Consultant must exercise due diligence to ensure that none of the funds, including supplies and services, received are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subcontract. DD. Federal Agency Seals, Logos and Flags. Consultant shall not use any Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without specific federal agency pre -approval. EE. No Obligationy Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from a resulting contract. FF. Conflict with Grant Terms. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any federal grant funding document provided specific to the funds being used to contract services or goods under this Agreement, the conflicting terms and conditions of that document shall prevail. 22. LIQUIDATED DAMAGES. Should Consultant fail to complete the Services, the City will suffer damage. The amount of damage suffered by the City is difficult, if not impossible, to determine at this time. Consultant shall pay the City, as liquidated damages, $1,000.00 per calendar day of delay to mobilize in the City with the resources required to begin debris monitoring/removal operations within twenty-four (24) hours of being issued Notice to Proceed. Consultant will make every attempt to perform the Services within the time frame(s) requested. Repeated failure to timely perform the Services may result in termination of the Agreement for cause and shall cause the City to procure in the open market services meeting or similar to those specified in the Agreement and obligate the Consultant to pay the City any increase in costs occasioned thereby. These amounts are not penalties but liquidated damages to the CITY. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Consultant to complete the Agreement on time. Disaster Program & Operations, Inc. Page 25 of 31 2795 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with fall legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended, or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension, and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A," and "B." IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: DISASTER PROGRAM & OPERATIONS, INC. BY: Y, Signature Gabrielle Benigni, President Liz Valdes Print Name [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Disaster Program & Operations, Inc. Page 26 of 31 280 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: fl / I CITY OF SUNNY ISLES BEACH CMC, City Clerk Larisa`Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: ' ,J Department Head AlainBoileau for Nabors, Giblin & Nickerson, P.A., City Attorney Disaster Program & Operations, Inc. Page 27 of 31 2817 TAB 1: TITLE PAGE DISASTER PROGRAM & OPERATIONS, INC. City of Sunny Isles Beach, FL REQUEST FOR PROPOSAL For Disaster Debris Monitoring Services & Financial Recovery Assistance RFP #: 23-04-02 DUE: May 161, 2023, at 11:00 AM Proposer: Disaster Program & Operations Inc. Address: 404 West Palm Drive, #100, Florida City, FL 33034 Authorized Contact: Gabrielle Benigni- President of DP&O Phone Numbers: 561436-3383 Email Address: Gbenigninu,dpando.com Dej:aim.m •.e MANAGEMENT SERVICES. + C�:"tra m 5c1.^.Nlnr Sl:nrlly FIRSTNET AT&T FirstNet Responder Member ID M5763234 Is certified under die provisions of 287 and 295.187, florida Slatules, for a period Iron: 12/1612020 12/16/2022 CERTIFIED MINORITY WOMEN OWNED BUSINESS 47QSWA21 D006N FEATURING WEB AND MOBILE APPS X�j f 4� i C 1 ItP`A ?B TRKR Verify #1353845 1 TAB 3: TRANSMITTAL LETTER May 1611, 2023 r� Disaster Program X Operations Inc City of Sunny Isles Beach, Florida City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue, V Floor Sunny Isles Beach, FL 33160 Subject: Proposal Submittal: RFP # 23-04-02 for Disaster Debris Monitoring Services & Financial Recovery Assistance" Disaster Program & Operations, Inc. (DP&O) is pleased to submit this proposal for "RFP #23-04-02 for Disaster Debris Monitoring Services & Financial Recovery Assistance" for the City of Sunny Isles Beach, Florida (City). DP&O is committed to provide a successful time -tested technical approach for disaster debris monitoring services and financial recovery assistance for events including but is not limited to, hurricanes, tornadoes, windstorms, floods, and fires or manmade disaster(s) such as civil unrest and terrorist attacks regarding all storm generated debris; debris pickup, debris hauling, debris staging and reduction, temporary debris storage/debris management site management, debris management and the final disposal of debris to an approved facility and FEMA public assistance program management. DP&O performs monitoring of all debris removal task operations in accordance with applicable regulations of Florida Highway Administration (FHWA), the Federal Emergency Management Agency (FEMA) and FEMA's accelerated debris removal program and we are prepared to supply the experienced staff to perform the following services (to include but not limited to): • Pre -Event. Services: Debris Management Planning, Training & exercises, FEMA Policy guides, Debris management site (DMS) review, Debris Removal Contractor bid preparation and review. • Post -Event Services: Debris Damage Assessments, Truck/Equipment Certification, Disaster Debris Monitoring Services, DMS Site Operations Compliance, FEMA PA Services and Disaster Claims Reimbursement Submittals, FEMA Portal Project Submittal and Tracking, and FEMA Appeals Assistance if necessary. DP&O is Federal GSA Minority, WOSB (Woman Owned Small Business) and minority certified with the State of Florida, Federal Department of Transportation (FDOT) for Disaster' Recovery, Environmental Services, IT and Demolition Services. DP&O, Inc. is a Florida Subchapter S Corporation registered with Federal FEIN # 47-3936181, Federal Cage Code: 82LX4, and DUNS Number 88882339. Primary Authorized Contact Information: Gabrielle Benigni, President, gbenigni(a)dpando.com; Phone: 24/7 (800)753-8563 or (561)436-3383. DP&O's local branch is located at 404 West Palm Drive, #100, Florida City, FL 33034 with our corporate headquarters located at 10033 Sawgrass Dr West Suite 121, Ponte Vedra, FL 32082. Our staff is located proximal to the City of Sunny Isles and utilizing our Recovery EOCTM TRKRTM ADMS our client has 24-hour access to all project data in real time view of all debris removal progress and operations. Recovery EOCTM maintains all disaster project costs and back up documentation in audit ready format, allows clients visibility to work in progress and enables DP&O to ramp up with the City's project expediently to assist with Disaster Related Recovery Services. 9R1% DP&O has successfully represented over 18 years of client representation for Municipalities located in Florida, Alabama, Mississippi\, Texas, Oklahoma, California and Port Rico and we represent state level public colleges and county schools. Our Corporate Principles each have 25 + years as nationally recognized for Disaster Debris Management, Disaster Recovery Programs, Emergency Management, and IT software. & Incident Response systems. Our key Management includes: Gabrielle Benigni, President (recognized industry leader for FEMA Policy and Disaster Debris Management, Expert Federal Disaster Claims Management and Hazard Mitigation Projects qualifying; John Copenhaver, CEO, former FEMA Region IV Director (applicant advocate, FEMA Region IV level); John O'Dell, CTO (Creator of WebEOC, used in 52 U.S. States including Florida and all Florida counties, and FEMA HQ). We are supported by Baker Donelson, Ernie Abott (Former National FEMA Council) and appeals expert. Rob Russakoff, Senior VP Recovery/ QAQC. Liz Valdes, VP Recovery Debris Management Expert/Project Manager. Urban Hammarstedt Operations Director and Product Manager. Our professional staff consist of Former EM Directors, and Nationally recognized experts with FEMA Policy, Emergency Management, Debris Management Specialists, and IT software specialist, FEMA Public Assistance Program Policy & Grant Management. DP&O is supported by seasoned Debris Management Specialists, Former EM Directors, Environmental Professionals, Utility Engineers and Nationally recognized experts with FEMA Policy, Emergency Management, and IT software specialist. DP&O utilizes an electronic documentation system (TRKRTM, ADMS) to control, track, and document all work in full compliance with federal and state cost reimbursement requirements to ensure the applicant is reimbursed for all eligible disaster recovery costs and shall use efficient methods and effective cost controls. TRKRTM exceeds the FEMA ADMS tracking requirements. DP&O is an approved AT&T FirstNet Responder, Member ID M-5763234, registered with NPPGov. This allows DP&O and our clients priority access to cell and internet post disaster as a first responder with AT&T FirstNet. DP&O maintains over 150+ AT&T FirstNet cellphones. We appreciate the opportunity to submit this proposal. In selecting our approach, processes, and staff, we have made selections that are progressive, flexible, innovative, and industry leading. We are excited to have this opportunity to support you and your business objectives and we look forward to the next steps in your decision - making process, if you have questions about any of the material contained in this response, please do not hesitate to contact us. Sincerely, Gabrielle E. Benign, President DP&O 99A DP&O'S PROJECT APPROACH: OUR APPROACH IS TRIED AND TRUE - DP&O proposes a three -phased approach to address the Scope of Services used on many projects. The Team overall programmatic approach typically falls into three major phases: PHASE I - Rapid Response/Client Meeting (where we ramp up the program), PHASE II - Long Term Recovery and PHASE III - Project Closeout. The Training Program will be provided under separate cover as requested. During each of these critical stages the Team provides unique approaches that benefit our clients. Although, dependent on the client needs, these stages may overlap for individual projects, but they remain a solid guide for efficient project execution. Our focus is on quick closeout of projects and to obtain timely reimbursement. We bring to the engagement Lessons -Learned from past engagements as additional value-added and continually balance our resources to ensure the most effective use of staff throughout the lifecycle of each project to produce the most cost-effective program for the City. Key aspects that the DP&O Team provides in each phase are provided below. Phase I -Rapid Response/Client Phase R Long -Term Recovery Phase III -Project Closeout Meeting 60-120 Days 120-180 Days. . 0-60 Days' • Pre-Event'Coordination Planning & :.•.Data Management: _ :. • Project Tracking: .: Training:. : Data Entry. : Reimbursement Coordination • Project Management, Key. Staff, meet •:QAQC, Daily Reports, Meetings, ' Project Completion with the Client's Department. Progress Maps Project Closeout • Damage's Inventory review; Debris • Contractor:compliance invoice Grant Closeout 1. Damage Assessment; Estimated reconciliation Audit support, defense if - Quantities .. Fuial Disposal, Final Haul Out : needed • Identify Special Debris . Completion. • Continued FEMA and FHWA • Emergency Road Clearance; ' DMS Site Closures Program Support coordination in monitoring. g FEMA PW & Debris Cost `• The Client Staff Training - as . • Truck Certification and Equipment. needed Documentation Submittals.. • Safety plan. and QAQC program. Continued FEMA and FHWA ,Update Disaster/ Debris Plans • Monitor Placement: Hire and Train Program Support . as Needed Local Monitors if needed... • PWlreparation.Contmued `PW • Monitor Placement, DMS Site scope' and costing. staffing • :Project Prioritization, • Environmental Compliance unplementat ion.• and timelines. • Emergency Issues • ElectroikRei cords database- • ADMS TRKRTM Debris Progress . .. Ongoing Mapping, Quantities, and other • Disaster Cost Reconciliation, as reports. needed • Other client.recovery request/needs: • Pre-Audit-FEMA submittals and :. . • -Damages Inventory ......records • Update Identification of FEMA • Recovery Projects Monitoring Projects Environmental compliance • Contracts & Internal Policy Review •. Timely reimbursementrequests Mutual Aid Agreements (MAA), & • Timely Progress Reporting Invoices Compliance . • HMGP Identify opportunities • Initial Project Formulation, Damages descriptions and dimensions • PW Preparation- Small PW & Priority work 39 12� PHASE I - Rapid Response This phase sets the foundation for the entire program. This "ramp up" period includes some key aspects of getting procedures established and beginning the critical steps to expedite recovery process. DP&O proposed to mobilize a rapid response team comprised of individuals who bring hands-on experience with each phase of the process and the variety of funding sources available and bring a thorough understanding of each of the key critical success factors. DP&O Professional staff will leverage their experience & lessons learned while they adapt their proven approach into a customized program that addresses The Client specific needs. Not only does this streamline the process by limiting the number of individuals necessary to coordinate, it also provides a more cost-effective delivery. Project Understanding and On -Site Meeting: Upon contract award DP&O will schedule an On -Site meeting with the City (meeting with department leads, key staff, engineering, facility managers, etc.). Our team brings experience with your financial, management and facilities staff so we are able to quickly integrate with no teaming curve to discuss and plan a collective project vision to include the scope of work, tracking of costs, organizational structure and schedule expectations that will serve as a common bond, keeping team players together. More importantly our experienced staff will be able to assess your overall needs and impacts. A multi -discipline team of FEMA specialists, debris specialists, document control, engineers and funding specialists will be provided to make sure no damage or opportunity is missed. As important, is DP&O gaining an understanding of how you would want to recover and rebuild regardless of FEMA funding constraints. This will allow the DP&O team to provide early advice on how to structure and pursue projects for 404 Hazard Mitigation, USACE, NRCS, FHWA and CDBG funds. Pre -event and Post -event Project Planning: DP&O will also focus on developing or updating the City Debris Management plan including the Temporary Debris management site. This includes but is not limited to tabletop exercises with the City and Debris Removal contractor prior to hurricane season. Communications & Meetings: DP&O's Project Manager and Project Principle will establish avenues of communication with the City's Representative and Debris Removal Contractor, at the contract award. Documentation of all communications will be in the form of published meeting minutes, monthly progress reports, and/or telephone conversation records. The success of this project will be contingent upon maintaining a continuous line of communication and understanding amongst the Project Team (including subcontractors) and City's representatives. Project Quality Control: The Disaster Debris Project Manager and President, hold the ultimate responsibility for quality control of the work performed by DP&O's Project Team and all debris removal contractors. Their final review and approval of all work products is the last step in a series of checks and balances that ensures refinement and review of the work as it progresses. As with any project, effective QA/QC starts with identification of project roles upon initiation, which is a key element to our standard QA/QC program. Project Cost Control: At DP&O, cost control is a key facet of our success. We pride ourselves in our ability to complete projects within or below project budgets. We have a history of satisfied clients that have come to rely on our abilities to complete projects within an established budget. We can accomplish this by our established, computer- 40 based, cost control system. All labor, other direct costs and subcontractor costs are input into the system via labor time sheets, expense reports and subcontractor invoices. Controlling costs begins with the initiation of each project at DP&O. At the beginning of a project, the Project Manager and Finance Director provides each member of the Project Team with an agreed upon number of hours within which each task is expected to be completed. Daily project meetings provide each Project Manager with the required feedback to anticipate whether the expected labor expenditures will meet the project requirements. Staff Augmentation: Based on the disaster event and severity, DP&O will mobilize the adequate number of project management and support staff. For this project we have a dedicated team which was presented in the organizational chart. We maintain 150 trained on call professional and monitoring staff ready to support the City. We also maintain temporary staffing companies on contract who train annually with our group for debris removal operations and monitoring requirements. Monitor Hiring & Training Plan: DP&O is dedicated to hiring locals to be trained for project debris monitoring positions prior to a disaster, DP&O will reach out to the local area through churches, unemployment offices, newspapers, to provide a monitoring opportunity before a disaster. Additionally, DP&O considers with working with recently laid off or retired individuals to be an added value of knowledge to the team. DP&O Participates with the E verify, and we carefully screen all our staff with background checks and ensure each monitor has a valid driver's license. DP&O maintains a drug free policy workplace and has had a 0 tolerance for drug use. DP&O has had zero workers comp claims as a result of our employee screening and safety plan training. Monitor Training: DP&O has a comprehensive monitor training program which is updated annually as FEMA requirements for disaster debris removal change. DP&O performs annual disaster monitor training for all staff and every newly hired monitor a 4-hour training program and orientation session is conducted by one or more of our monitor supervisor trainings. • FEMA Requirements for Pre -Disaster Asset Status & Inventory • Internal Policies Review • Procurement and Contracts • Damage Assessments • Emergency Repair Documentation • Emergency Debris Removal • Disaster Documentation and Submittals • Multiple other Critical Items Safety Plan: DP&O for all projects maintains a "Health and Safety Plan" and updates a daily/weekly Site Safety plan as needed by the project. DP&O project staff all participate each day in a Daily Site Safety Plan Briefing" which allows us to address critical and potential site safety hazards that could affect the onsite management and project staff work. DP&O's Site Safety Officer performs daily spot checks on all field staff to ensure they are maintaining and adhering to the safety protocol and wearing the mandated safety gears (Work boot, gloves, eye protection, safety fluorescent vests) and they are using the safety equipment (flags, stop /slow signs) if required by the project site conditions. Initiation and Review of Damage Assessments: Assessment and justification of damages is often where funding opportunities are missed and our recovery project scope does not match per FEMA requirement. During DP&O's rapid response phase our team will focus on debris damage assessments, estimated quantities and critical areas. We will be identifying resources necessary to properly document da-mages and maintain validation to match recovery projects. As client needs, we have the Professional staff that assist with infrastructure damage assessments. 41 7R7 Disaster Debris Removal Damage Assessments & Identification of Critical Hazards: the most efficient Post Disaster Debris Removal operation begins with knowledge of the most critical areas, and location/identification and type of the most critical debris hazards which facilitates scheduling prompt removal or securing the area until removal. DP&O's TRKRTM's Damage Assessment module allows Homestead, the Debris Removal contractor and DP&O real time view in both the web and mobile based the mapped location with GPS, description and photo of debris damages and hazards. q or.,och Administratk'n > Hurricane Jose Parks &Recreation >1 Augao;2oz1 > I" PiogrMs Police Deparimanl ) Hurricane Tayior Public Works ) Sepe,2021 > In Pr•vJ'et. . Public Works Department > _ f Utilities ) 00"O COD COD COD i rnxaanas n�n[ac Damage Assessment > 01069 - smacto Juo9,2M e cerarrcattons > Monitor Sign IN/OUT > Debris Removal > Hcurly/1meor Work > - - Q Alen LeancrlHanger/stump ) �i cnd Final Haul Out ) CANCEL OK Supervisor/PM Notes > Tf el -�.it (COD COD COD M 42 ERR Map 11 NI 1 I• HOW Vep. CallecUan Hslo Eh. CW. Y.we N. k 1. ht C.W. YYd. 165M UnI1 CorU0YaTon 17 l *7 -UCYarTt Is ■■■■ ® i WWO Properly Ve9. Calle lion Role 'i e.LCa6le Yud. I600 HLC1810Yud. O'AO LWCeU/CYwT 14 UNICoUCYarTm 19 . G"eg Leaner 'A-29QFlwvaf n.nd�aanacenomn Ti— aLCnAioYud. ON UW11— 250 FA.d— 0110 . Can Pu Tn 250 vene..varaTTan 6 GddsK S.ara:9 fi1n*g(Air C nshi lnaSner.Uan) U.M.r .5MMYad. 0 Wine 5100 AWO le JbMMd.tsn. UWC..UCY.Tee 0 Can Pa Tn. tO slumps HOW Ye%C.U.-Uan Hat. T.WT.sa 0 tv Ynd Debris Estimate and Methodology: DP&O leverages our TRKRTM for rapid accurate debris damage assessments both using windshield surveys, with mapping debris zones and visually quantifying debris (vegetative, c/d white goods, leaner. hangers,) using the TRKRTM mobile app form with photos. Debris Estimating Army USACE: Additionally, we also plan ahead using USACE debris estimating model based on Residential household (population), Tree Canopy and Industrial density. Potential debris that could be generated and onsite damages to each of the MDC campus in the event of catastrophic Hurricane 4 or 5 which high winds could bring area disaster generated debris. Debris forecasting is crucial to determining the size of the response needed. In general, the following formula is used to estimate debris quantities: Q = H x (C) x (V) x (B) x (S) H (Households) = Population / 3 (3 persons per household) C (Category of Storm) Factor = (See Below) V (Vegetative Multiplier) Factor = (See Below) B (Commercial Density Multiplier) _ (See Below) S (Precipitation Multiplier) _ (See Below) Hurricane Category Value of "C" Factor 1 2 CY 2 8 CY 3 26 CY 4 50 CY 5 80 CY Vegetative Cover Value of "V" Multiplier Light 1.1 Medium 1.3 Heavy 1.5 Commercial Density Value of "B" Multiplier Light 1.0 43 2895 Medium 1.2 Heavy 1.3 Precipitation Value of "S" Multiplier None to Light 1.0 Medium to Heavy 1.3 Residential Buildings City facilities the following formula and building blueprint dimensions will be used for estimating the quantity of debris from a demolished structures will be utilized in the event demolition of single-family residential buildings is required: Where: L x W x S x 0.20 x VCM = cubic yards of debris (cy) 27 L = Length of building in feet W = Width of building in feet S = Height of building expressed in stories 0.20 = Constant to account for the "air space" in the building 27 = Conversion factor from cubic feet to cubic yards VCM = Vegetative Cover Multiplier The VCM is a measure of the amount of debris within a subdivision or neighborhood. The descriptions and multipliers are described as: • Light (1.1 multiplier) includes new home developments where more ground is visible than trees. These areas will have sparse canopy cover. • Medium (1.3 multiplier) generally has a uniform pattern of open space and tree canopy cover. This is the most common description for vegetative cover. • Heavy (1.5 multiplier) is found in mature neighborhoods and woodlots where the ground or houses cannot be seen due to the tree canopy cover. The amount of personal property within an average flooded single-family home has been found to be 25-30 cy for homes without a basement and 45-50 cy for homes with a basement. Estimates of personal property volume assumes all residential properties without basements. Outbuildings In the event the City owned or outreach facilities that are a threat to the community require demolition, the following formula will be used to estimate the debris: �hlharP- L x W x H x 0.33 = cubic yards of debris 27 L = length of building in feet W = width of building in feet H = height of building expressed in feet 0.33 and 27 are constants as noted in 2 above 2.3.4 Vegetation 44 Vegetation is the most difficult to estimate due to the random sizes and shapes of trees and shrubbery. Based on historical events, U.S. Army Corps of Engineers (USACE) has established a few rules of thumb in forecasting and estimating vegetative debris. Treat debris piles as a cube, not a cone, when estimating • 15 trees, 8 inches in diameter = 40 cy (average) One acre of debris, 3.33 yards high = 16,117 cy Volume — Weight Conversion Factors These factors to convert woody debris from cubic yards to tons are considered reasonable and were developed by USACE. Softwoods.....................................................6 cubic yards = 1 ton Hardwoods.....................................................4 cubic yards = 1 ton Mixed debris..................................................4 cubic yards = 1 ton C&D...............................................................2 cubic yards = 1 ton Several truckloads will be tested to verify these conversion factors in the field. Certified Trucks should be well loaded, contain woody debris typical of that being removed, and truck capacities should be verified. Certified Trucks will only be utilized for Disaster debris hauling and will be certified by the Debris Project Manager, and / or Debris Removal Contractor(s), Debris Monitoring Contractor. Tracking Documentation and Reimbursement: From Day 1 Documentation is critical. DP&O will utilize our TRKRTM Automated Debris Management System (ADMS) to auto generate e-tickets, prepare detail load ticket input, track quantities, locations with mapping for all debris operations. (ROW to DMS, ROW to Disposal, Leaner/Hanger/Stumps, and other debris hazards) including certifying all equipment used. In the event manual tickets are requested by the client, DP&O will also provide a data entry/data manager to load tickets to track and document the removal and management of all Eligible Debris. DP&O ensures that all load tickets meet the requirements of FEMA and other Federal or State reimbursement agencies. In the event the client or debris removal contractor request ticket copies we have portable printers stationed at the DMS site to print tickets. Additionally, any other type of manual ticket (Debris Removal, Disposal Voucher number) is logged via TRKRTm as an alternate ticket number and photocopied with the corresponding load ticket. All Disposal tickets are also maintained in TRKRTM with the corresponding load ticket. DP&O will provide client access user log ins to TRKRTM to view Debris Operations or documents at any time. Ongoing QAQC of Filed Data being collected: DP&O prides ourselves with flawless debris removal data and documentation and our QAQC team assigned to each client reviews daily the monitor debris data being collected to check for typos, photos clarity and or other data that needs to be corrected on the spot. 45 291 �J TRKRADMS Urbantiarnvarstedt uhamm rstedl(sdpandoxw Atenq CRyof HolneueAd tMrdMlr Hurricane Taylof Orputmmt Parkr6Rweaeon All Pending Compteted Inactive =Show ListVleav Map Satellite q 3/15/202Z 12:0DAM 61912022, 11:59 PM 1 Ticket#000045 Aaencv Tlu;k=T..u: t r / Urbantiammarstedt TRKRADMS uhammarstedttadpandacon Agemy CRyof Homestead Ilallfrnb Hunkme Taylor Dsonrmtnt Parks&Reveatton Leaner/Hanger/Stump #000045 Cm—tor/Agency Truck Truck a Typo Dimension (In.) AGENCY - Truck gl. Dump lruck(Truck 1) - t Leaner - B Status tncatlon Add— Goss Street Date/Ti- COMPLETED 25A69160784897976:-80.4583 D 07776Magic;re 5/1212022.6:13AM E2 Ref Ticket Number 5233 Plduro/RLof Way Picture/Damaged Tree Before Cut Pleture/DamegedTree After Cut Pkture@leasurement Monitor signature yyl�s;x�-e+• St. 4t.q�1tAM Sty„ f.4-=1-``•!'�'Ir +'�, y }fit, ek �/1 46 9A7 S LJL DATA MANAGEMENT AND DOCUMENTATION DP&O shall ensure all necessary documentation is provided as follows: 1. Ensure all eligible debris removal operations activities are documented and tracked specific to the requirements of any applicable federal, state or local agencies. 2. Documentation of the number of crews and types of equipment utilized, actual hours of operation and locations of work performed during the time and materials phase of operations. 3. Completion of truck certifications, equipment certifications and establishment of a Quality Assurance and Quality Control (QA/QC) program throughout the life of the project. 4. Load tickets documenting the eligible debris removal and/or disposal activities by the applicable federal, state or local program. 5. Documentation of eligible hazardous stump removal, hangers, leaners or tree removal which includes photographic records, GPS coordinates, street or other information as available and applicable. 6. Environmental authorizations and/or permits as applicable. 7. Daily electronic spreadsheet summaries of cubic yards/tons collected, specified by governing federal public assistance program. The daily summary shall be communicated to the Public Works Director or client rep. 8. Production in electronic format (scanned) and paper copies of all documentation for submittal to federal and/or state agencies. 9. Using TRKR ADMS will prepare mapping with GPS and color codes of each and all Debris removal locations, pending, in progress and completed. 10. Organize, maintain and provide to the City electronic copies of cost justification documentation in a satisfactory manner. All documentation and information related to the project shall be surrendered to the City upon completion of the project. 11. Ensure all eligible debris removal operations activities are documented and tracked specific to the FHWA-ER program, the FEMA PA program or other applicable Federal, state, or local agencies. Document Management System: The DP&O Team's brings exceptional capabilities in document management that aligns with the reimbursement process for multiple funding agencies and is setup to make the closeout and auditing process seamless. DP&O understands integrating the required document control systems for closeout and audit early with the City to minimizing any funding de -obligations in the long-term. (More detail on this system is provided in the auditing section of this proposal). Development of proper document retention procedures and cross -training of the City's staff will allow the City to respond and be audit ready for any State or Federal audits long after closeout is done. Applications/Participation in FEMA accelerated Pilot debris program/ Application and Documentation of Time Extensions: We anticipate the Cities participation in the FEMA accelerated Pilot debris program for debris removal. We are committed to efficient coordination and mobilization with the debris removal contractor to accommodate and maintain compliance per FEMA's Accelerated Debris removal deadline dates. Emergency Work (Categories A& B) time limits are six months to COMPLETE work, with a possible six-month extension granted by the State upon written request and justification. Permanent work time limits are 18 months, with up to 30 months with possible extensions granted by the State. Our goal is to identify any extension requests as quickly as possible and submit those in writing to the State and FEMA to ensure they are processed BEFORE the time limit has expired. FEMA may deem certain projects ineligible if these time limit extensions are not approved per the PA Implementation Timeline. 47 Monitoring Approach/Procedures: DP&O has the capability to deploy debris monitors within 24 hours from notice -to -proceed. When additional debris monitoring personnel are needed to meet requirements of the contract, DP&O shall increase the number of debris monitors as needed. DEBRIS MONITORING OPERATIONS DP&O shall coordinate with the City to schedule debris removal monitoring and contractor operations. DP&O shall provide a Project Manager who shall be responsible for the overall project management and coordination of the debris monitoring services required to oversee the debris removal operations. The Project Manager shall be the point of contact to the City. The Project Manager shall assign Field Operations Manager(s) to oversee the debris removal contractor(s), monitors, and a Data Manager to provide supervision of the data entry operations and documentation process. The Project Manager's duties include but are not limited to the following: A. DP&O Project Manager shall ensure enough trained debris monitors are available to monitor the "first push" (cut & toss) operations. B. DP&O Project Manager shall ensure a sufficient number of trained debris monitors are available to monitor all "first pass" and subsequent passes of debris removal and hauling activities. C. DP&O Project Manager shall provide tower/disposal site monitors to observe and record all debris loads entering the temporary debris management sites. D. DP&O Project Manager shall provide tower/disposal site monitors to observe and record all debris loads exiting the temporary debris management sites for final disposal. E. DP&O Project Manager shall provide data entry and document processing personnel if applicable. F. DP&O Project Manager shall conduct safety meetings with field staff, as necessary. G. DP&O Project Manager shall respond to and document issues regarding complaints, damages, accidents, or incidents involving DP&O or Contractor personnel and ensure that they are fully documented and reported. H. DP&O Project Manager shall coordinate daily briefings with the City and the debris removal contractor(s), daily status reports of work process and staffing. I. DP&O Project Manager shall ensure the documentation of environmental authorizations and/or permits for temporary debris management sites and final disposal. J. DP&O Project Manager shall review and reconcile debris removal contractor invoices submitted to the City. K. DP&O Project Manager shall prepare interim operations and status reports, and final report, as directed by the City. FIELD MONITORING DP&O shall provide trained staff in sufficient numbers to adequately monitor all operations supervised by Field Operations Managers. Duties of monitors shall include, but are not limited to, the following: A. Truck certification and documentation of all vehicles used in the debris removal activities. B. Quality assurance/quality control (QA/QC) of truck certification measurements throughout life of project. C. Provide monitoring services and documentation of all eligible debris removal activities on non -Federal Aid eligible roadways, As Directed by the City — First Push (Cut & Toss) and First Pass. D. Provide monitoring services and documentation of all eligible debris removal activities from second and subsequent passes on all roadways, As Directed by the City. E. Ensure that ineligible debris is not collected by the debris removal contractor, unless directed in writing by the City. 48 99d F. Disposal Site/Tower Monitors will observe and record the truck quantity estimates of inbound and outbound debris. G. Exit Site Monitors will observe that all outbound trucks are fully discharged of their load prior to exit of the temporary debris management site. H. Monitors will ensure that accurate, legible, and complete documentation is provided through load tickets, truck certifications, and/or other logs and reports, as required. ' I. Maintain photo documentation of the debris removal trucks and activities, specifically of the hazardous stump removal process, hangers, leaners, or tree removal and/or other special or unusual occurrences in the field. J. Document and report activities to the City which may require remediation, such as: fuel spills, hazardous materials collection locations, and other similar environmental concerns. K. Document and report to the City damages which occur on public or private property as a result of the debris removal operations. L. Document and report to the City any violations of Department of Environmental Protection's (DEP) debris site conditions. M. If DEP debris site conditions are violated DP&O shall oversee tasks sufficient to satisfy the DEP performed by the debris removal contractor. DP&O's Truck/ Equipment Certification: DP&O will establish a team of individuals who will inspect and certify vehicles for hauling storm related debris in accordance with FEMA guidelines and maintain both a manual and digital copy and TRKRTM. Each certified truck will be issued a barcode that will facilitate easy truck identification for each monitor at collection site, DMS and or disposal site. The barcode ensures the complete tracking of each truck's time and date and GPS location of load collection, time, and date at DMS site or Disposal site drop off and ensures all trucks are working in compliance with the state, federal and local regulations. Utilizing TRKRTM ensure that no vehicle will perform any debris removal unless certified before beginning work. A certification sheet with measurements, photos, and calculations documenting the capacity of the truck is kept for load rating and ticket auditing. TRKRTM maintain a list of all certified vehicles, all force equipment, including phots of each certified vehicle and flags any vehicles that are down. TRKRTM provides a checklist and ensure that each certified vehicles have all working safety features. Summary books will be kept at each DMS/disposal site for quality control. Certifications should also include a methodology to discourage collection contractors from modifying their vehicle after certification, such as identifying unique attributes to the vehicle like sideboards. Photographs of the vehicle and its driver shall be documented. Periodic spot checks and recertification of trucks that were potentially altered after initial certification shall be performed. Placards with barcoding identifying load measurements will be provided by the contractor. All Debris Removal equipment shall be certified and accounted for prior to any debris removal task. All debris load/ hauling vehicles will be measured and certified for cubic yard (CY) capacity prior to assignment for debris removal. DP&O will complete a certification of each vehicle using DP&O certification forms and documents to accurately record the cubic yard volume. 49 OkW DP&O's vehicle certifications form has the following information on Electronic TRKRT" z form: Ne<YCerUfitallDn Con1AWler�iYAe GnlAralbn Statue Crmuattor /Ale+¢Y God Eatra Lilier Lvk AGENCY - �nteua!tonN, t(3Ml�AG aUFI DER: ! MIN) Grmimnl Tmtk Delalh Make: Intff"CII I buck N."rt fruek DarrWln: Truck Measurements Orlver 1lntarmallon leryal+ Y(allrl Ihfrpt Glut Nam. Lev Naar F'.lem flwe:,ar Nr —Dram .. II In !b IL In IG It In nrwr Cr DYmaner� Gil+Aal Eanr.IlY i:.tY ii.55 Driver IntumaDm ACCCRIa6Ie WMkin6CnoditImt fL+t Name 1+»rrrnr ItinneNil .'+e, Drner la:en+a IlualiY•ila Mab LNM1 4pul Lirina Tiltpl• R VYua flram InrJa Seat ire. Saeilur.e. Below is an example of DP&O's TRKRTMADMS truck certification. 50 29R 2 widwe #; G7.004 wivem S. PEREZ cettwedcape myt3Zcy Tag No.: SFM409 Type of Vehicle: Self -Loader . Certified Cubic Yards: 72 Designated Driver: Carlos Santana Date Certified: 11/03/2016 Unique Characteristics: Red Cab, Chassis, Truck Manufacturer, Driver Name Certification Team: Ferrari Gonzales 51 297 DP&O Truck Certification forms and procedures comply with applicable guidelines (FEMA, etc.) as follows: • Length, width and depth, or height of the bed area. Any height extension also will be noted. Also, a notation will be made if the vehicle has or does not have a tailgate. • The "as measured" gross volume in cubic yards. • Reduction from the gross volume for such things as wheel wells, doghouses, etc. that reduce volume areas in cubic yards to obtain the Net Volume in cubic yards. This net volume will be placed on the placard along with a unique assigned truck/crew number and the name of the Debris Contractor (not subcontractor or owner). • Vehicle tag or registration number of the vehicle and state of issue. • Vehicle manufacturers make and Vehicle Identification Number (VIN). • Owner name. • Driver of the vehicle name (printed) and signature, driver's license number and expiration date of the driver and state of issue. • A review of the vehicle insurance carried in the vehicle and that it matches the VIN. • DP&O employee performing the certification name (printed) and signature. • Date of certification. • Photos and BAR Code scanned. TRKRTM Truck Certification system has the capability to record truck and trailer certification data as verified above Truck certification information diagrams. TRKRTM per RFP Truck Certification requirements includes the following: • A means of electronically registering authorized debris Consultant vehicles and equipment • Link electronic registration to digital images • Identify mission and respective City • Generate unique ID's for contractor vehicles and equipment • Utilize uniform measurements e.g., feet and inches • Capture vehicle volume • Utilize industry standard equations for all volume calculations • Capture drivers and certification team member unique identification number • A means to create encryption protected electronic driver removable media with unique Truck ID, digital photograph, truck and /or trailer measurements, vehicle volume, and other identifying data • Must depict image and other identifying data + • Must contain counter area for total cubic yards hauled • Must employ anti -tampering mechanism • Capability to recertify vehicles • Recertified vehicles must be recorded in an audit table • Certification data must be associated to authorized system user • Reject media which are not associated with current event and applicant • Capture vehicle audit records • Create a printed certification record • Administrative reporting capabilities 52 9QA In addition to certifying the vehicle with forms, photographs shall be taken of each vehicle showing the vehicle number and type of vehicle. These photographs shall be attached with the certification. Original copies of these certifications, including photographs shall be retained by the Contractor on behalf of the City. Original certifications retained by the Contractor on behalf of the City shall be turned over to the City upon completion of the project. Additional copies shall be provided to the debris removal. DP&O's documentation and truck certification process is FEMA approved. Each Certified truck & equipment will be given a "BAR CODE" to facilitate easy truck identification at load or DMs/Disposal site and for tracking each load time, status, and completion. Adhesive placards are affixed to each certified vehicle that provide name of Debris Contractor, the unique vehicle number such as "DT101," etc. and the certified net volume in cubic yards. These placards are adhesive and cannot be removed and affixed to another vehicle. These placards are able to be photographed by the Debris Management Site Monitors/Tower Monitors as well as by the DP&O Automated Debris Management System (ADMS) when a barcode is added to the placard. Based on the storm generated debris amounts and the required crews/trucks, several truck certification teams should be assigned to eliminate lines of trucks causing traffic hazards and allow the Debris Removal Contractor to commence debris removal quickly and effectively. The majority of the vehicles presented to DP&O for certification will be certified and placard applied at the time of certification and the vehicle released for assignment at that time. DP&O has very little delay in its vehicle certification process as time is of the essence to begin debris removal. PREPAREDNESS, TRAINING, PLANNING, AND EXERCISES DP&O will provide the client staff department training to include the following but not limited to: A. Assist in disaster recovery plan development. B. Provide training, participate in exercises, review, and assist with debris plan updates, and visit with City staff to be assigned to debris management activities during the coming year. C. Provide training sessions for key City personnel participating in exercises, and liaison to City EOC during activations. D. Participate as liaison in City EOC during activation. E. Attend and participate in several planning and training meetings, including one annual exercise. The annual exercise shall not conclude until the City Contract Manager has deemed the debris management plan is actionable. F. Assist the City in preparing Federal and State reports and applications for reimbursement, including pre incident or event training agency/department employees. G. May be requested by the City to provide technical expertise and guidance to support the City during the emergency recovery effort including, but not limited to, preparedness, as well as assisting in emergency debris recovery planning efforts such as disaster recovery plan development, identification of adequate resources, training, exercises, and liaison to City Emergency Operations Center (EOC). H. Shall be responsible to build out a monitoring plan in conjunction with the management plan and overall City plan, with regards to debris. PROJECT DIRECTOR: Provides Direction and Strategy of all Project Tasks and additional client requests. Provides leadership direction, interface and communications with any Subject Matter Experts and Trouble shoots Site Operations / obstacles and FEMA PA Negotiations, Guides Project Management with all aspects of Project and Field Operations to ensure the best time and cost-effective strategies are implemented and support resources available. 53 944 PROJECT MANAGER: Provides Logistics to ensure the most time and cost-efficient procedures and processes are maintained. Monitor activities of the field staff to ensure ongoing compliance with applicable rules, regulations, policies, and guidelines of FEMA, FHWA, NCRS, and any other applicable federal, state, and local agencies. Ensure all costs are per FEMA Debris Management guidelines as well as the FEMA Public Assistance Program Guidelines; inform Client and Staff of any updates. Perform FEMA Contract Compliance and invoicing per contracts line items. Assess /Review changes in Debris Operations. Review daily progress reports; Prepare if needed any Reports for Manager and finance Director. PM performs Selection, hiring, training, and deploying data entry, administrative staff, and QA/QC reconciliation staff. DP&O is committed to hiring from the local talent pool on every contract. PM will prepare Operational Reports & Record Documentation. The DP&O Project Management team will prepare and submit operational reports to the Applicant representative(s) throughout the duration of the operation. Daily reports shall document activities and progress from the previous day. Project management and administrative responsibilities include but are not limited to: 1. Coordinate daily briefings with key operational staff, City staff and DRC(s) to review, formulate and update debris assessment and removal operations and strategies. Schedule, manage and conduct periodic meetings, including safety meetings with field staff and Contractors. Meetings shall be scheduled so that they shall not impede, hinder nor delay the DRC(s) or debris removal operations. 2. Provide a daily report of debris removal including Contractor total loads, cubic yards collected by debris type, a map of streets where debris has been collected, and other key operational statistics to the City. 3. Coordinate daily scheduling, dispatching and logistical operations of the field collection monitors. 4. Hire, train, deploy and supervise all Debris Collection Monitors and staff. 5. Conduct debris surveys and perform debris estimation by debris types as requested by the City. 6. Maintain accurate records of all debris collection vehicles, including the measurements of the inside of the useable bed space, photographs, license information, vehicle identification decal issuance and useable bed space photographs, license information, vehicle identification decal issuance and regular monitoring for vehicle modifications. 7. Track and coordinate responses to problems identified in the field, citizen complaints related to debris removal, including commercial and residential property damage claims. Contractor shall maintain, and make available to the City, a detailed accounting of customer complaints and resolutions. 8. Ensure timely acquisition and retention of documentation of environmental authorizations and or permits for debris management sites and final disposal. 9. Make all reasonable efforts to ensure that DMS have access control and security. Conduct end of the day duties and verify that all vehicles have left the DMS at the specified time established by the City. 10. Make all reasonable efforts to ensure the filed collection monitors are accurately recording the streets and locations where debris was collected. 11. Review and reconciliation of DRC invoices submitted to City. 12. Preparation and submission of interim operations and status reports and final report as directed by the City. 13. Compile records and assist the City with the preparation of required forms for reimbursement. 14. If requested by the City, provide call center operators to receive and process calls from customers with disaster debris collection concerns within the City. 54 UIT1l OPERATIONS MANAGER: Oversight and supervision of field activity. Coordination of daily briefings, reporting of work progress, staff assignments and other key items requested by the Applicant. • TRKRTM ADMS Operations: QAQC web and mobile app interface of TRKRTM Debris Removal tickets and photos load ticket and data collection. • Scheduling monitoring resources and deployment timing. • Keeping Communication with City & Project Management personnel. • Making suggestions to improve the efficiency of collection and removal of debris. • Coordinating daily activities and future planning. • Remain in contact with debris management/dispatch center or supervisor. Resolving any issues obstacles, safety concerns and conflicts if any arise between contractor, and monitor team. • DP&O will be identifying, addressing, and troubleshooting any questions or problems that could impact work area safety and eligibility. • Compiling operational reports; and -Ensuring daily Debris Progress reports and mapping are provided to client and Debris removal contractor team; • Perform Site Inspections of Debris Removal operations and DMS sites. • Trouble shoot delays at landfill if any occur. Accurately measuring load hauling compartments and accurately computing volume Capacity in cubic yards; documenting and record measurements and computations SCHEDULER/EXPEDITORS : 1. Schedule work for all team members and Subcontractors on a daily basis. 2. Conduct inspections on a regular, predetermined and random basis. Make all reasonable efforts to ensure the appropriate frequency of oversight is performed for all work crews, vehicles and locations. 3. Set schedules for monitors each day and coordinate cleanup crew assignments. Survey and maintain list of areas with special needs, including but not limited to, hazardous stumps, tees, hangers/leaners and debris types. PROJECT COORDINATOR: 1. Conduct inspections on a regular, predetermined and random basis. Make all reasonable efforts to ensure the appropriate frequency of oversight is performed for all work crews, vehicles and locations. 2. Monitor the DRC(s) for compliance with their contract with the City and all City, federal, state, and local regulations, guidelines and operating policies. 3. Provide training to City staff in essential debris management and collection functions to ensure appropriate and responsive interface with DRC(s) local, state and federal agencies. 4. Develop forms, databases, etc. for tracking field activities, and submitting invoices for reimbursement. Such forms and invoices shall be approved by the City. 5. Prepare daily tracking reports to document debris removal, DMS operations and final debris disposal for audit purposes. Maintain a database of debris managed, costs incurred and reconcile debris removal contractor invoices. FIELD SUPERVISOR (SUPERVISING MONITORS): Assist in setting -up and manning the TDSRS. Help train the Site, Tower and Field Monitors and track their performance. Assist in assigning Field Monitors to contract haulers. Assist in assigning Field Monitors and contract haulers to collection grids. Assist in tracking the daily collection on a Citywide grid map. Assist in coordinating the daily collection operation in concert with the contract haulers Site Superintendent. Track the daily count of Field Monitors necessary to meet the contract hauler's demands. Track the daily count of contract hauler's trucks, trailers and loading equipment. Provide daily collection status reports to the Project Coordinator on request. Fill in as Site Monitor if needed. Record and inspect any property damage, public or private, that may 55 U111 occur during the debris removal operation. Track and verify the satisfactory repair of any damage. DP&O will provide FEMA program -trained Lead supervising monitors to coordinate actions of fixed site and field debris monitors, and duties are as follows: • Verifying debris eligibility, including photographic documentation of hazardous trees (leaners and hangers) • Coordinate daily operations with Debris Management Contractors • Reviewing damage reports • Resolving complaints; and • Compiling all necessary reports DP&O FIELD DEBRIS MONITORS: Field Monitors will be trained to follow each contract hauler as debris is collected throughout the City. The Monitor must witness and certify by street address that the storm debris was collected from public roadways only. The Monitor must certify that the debris piles are not mixed (vegetation or construction & demolition debris) before loading. The Monitor is assigned to hauler(s) and given a certain grid in the City to collect either vegetation or C&D debris. The Monitor will ensure that all targeted debris is removed by the contract hauler during each pass before the contract hauler may move to a new area. The Monitor will record the time, location and sign the contract haulers load ticket before the load can be delivered to the collection site for processing. The Monitor is responsible for reporting any unsafe or unauthorized collection practices to the Site Monitors for corrective action. • Provide loading site (field) monitors to inspect and control debris collection utilizing manifest load tickets. • Provide field monitor personnel at designated areas to check and verify information on debris removal. • Utilize photographs and GPS coordinates of debris to verify the source and type of debris for reimbursement purposes. • Monitor truck collection activity. • Issue manifest load tickets at loading site for each load. • Check the area for safety considerations such as downed power lines, children playing in area, verifying that traffic control needs are met, and trucks and equipment are being operated safely. • Ensure Freon -containing appliances are sorted and ready for Freon removal on site or separate transport for Freon removal before final disposal. • Perform a pre -work inspection of areas to check debris piles to identify covered utility meters, transformers, fire hydrants, mailboxes, etc. to help prevent damage caused from loading equipment operations and to look for and document potential debris remedial issues. • In the process of debris removal, damages occur to utility components, driveways, road surfaces, private property, vehicles, etc., document the damage with photos, if possible, collecting information about owner, circumstances of the damage (who, what, when, where) and filing a report with authorities with jurisdiction. • Ensure the work area is clear of debris to the specified level before equipment moves to a new loading area. • Accurately measure load hauling compartments and accurately computing volume capacity in cubic yards document and record measurements and computations. • Properly monitor and record performance and productivity of debris removal crew. • Remain in constant contact with debris management/dispatch center or supervisor. • Ensure that loads are properly contained before leaving the loading area. • Ensure only eligible debris is collected for loading and hauling. • Ensure only debris from approved City -owned areas is loaded for removal. • Photographically documenting trees that are considered hazardous. • Verifying that all trucks leaving the site have been completely emptied; and • Performing other duties from time to time as directed by the Project Manager or designated City debris management personnel. 62 OIE DMS/DISPOSAL SITES MONITORS: DP&O will provide trained monitors at DMS and disposal sites to call loads based on the amount of debris in each truck. It is imperative that these monitors make accurate calls to safeguard public funds. Monitors will also make sure that the trucks are empty as they leave the site. Furthermore, monitors will review the truck certification worksheets to make sure the trucks have not been modified to affect their capacity (shortened or removed sideboards, for example). Similar systems will be used to verify, track, and document hauling of reduced debris from DMS sites through final disposal, if applicable. DEBRIS MANAGEMENT SITE (DMS/TOWER) MONITORING: DP&O shall provide the following services related to the debris management site; • Be capable of conducting pre- and post -use environmental monitoring of the DMS locations to detect environmental contamination of the DMS, either present before use or after closeout of DMS operations, if requested by the City. • Ensure that DMS and field collection monitors are deployed and operational commensurate with the beginning of debris collection and the establishment of debris site(s). • Provide DMS monitors to observe debris unloading operations at the City's designated DMS(s). A minimum of two DMS monitors are required per debris site. These staff members, in conjunction with the project management team and the debris contractor, shall coordinate the logistics of the DMS to assure efficient traffic flow and proper handling of load tickets. • Observe vehicles entering and exiting the DMS, and make reasonable efforts to ensure that vehicles are in compliance with their truck certifications (e.g., side boards in place, full tailgate, etc.) DMS monitors are expected to provide volume determination consistent with FEMA. • Conduct field quality inspections to check and verify information on debris removal and at DMS located throughout the City. Conduct other DMS monitoring tasks such as: ➢ Coordinating with local, state, and federal agencies as needed for DMS on issues such as notification, obtaining permits, determining reimbursement, etc. ➢ Providing preliminary assessment and documentation of DMS and assist in return of site to original conditions. ➢ Providing personnel to observe the operation of DMS including monitoring incoming loads of debris, processing of debris and outgoing loads of processed debris. ➢ Measure all City collection equipment and properly complete a truck certification form. ➢ Conducting end of day activities, such as verifying completion of debris crew assignments, completing all record keeping, assuring that all vehicles have left DMS and locking down facilities. Debris Site Management Monitoring tasks include but not limited to: • Monitoring type of waste prior to entering debris management site; • Disposal Site / Tower Monitors will estimate the volume of loads on percentage basis of debris collection vehicles and update the Load Ticket with the required information documenting the load; • Ensuring safety and security of debris management site; • Document and report activities to the City which may require remediation, such as fuel spills, hazardous materials, and other similar environmental concerns; • Document and report to the City any violations of the Department of Environmental Protection's (DEP) debris site conditions. If DEP debris site conditions are violated, the Contractor shall oversee tasks sufficiently to satisfy the remediation performed by the Debris Removal Contractor. • Monitors will ensure that accurate, legible, and complete documentation is provided through load tickets and other logs and reports, as required. • Certify completeness of all load tickets that enter into a disposal site; • Exit Site Monitors shall ensure all outbound trucks & trailers are fully discharged of load prior to exit. 57 'An-,% CITIZEN DROP OFF SITE MONITORING: In the event the City decides to implement such a program, DP&O will set up, manage, and monitor debris drop- off sites where local residents may bring storm debris themselves. We will work with the Parks or Public Works Departments to identify suitable sites, set up segregated disposal areas for different types of debris and provide staff to perform the following: • Develop public announcements about site locations, hours, and disposal criteria; • Verify residency for each visitor and maintain a log; • Verify that only storm debris is disposed of at the site; • Track and record volumes and types of debris; • Ensure that recyclables are segregated; Ensure that any Household Hazardous Waste is handled and stored properly; and Monitor the hauling of debris to final disposal and issue load tickets. Operational Reports and Record Documentation: DP&O will prepare and submit operational reports throughout the duration of the debris removal operations. DP&O's daily reports shall document the debris removal Each daily report submitted will contain the following minimum information: • Contractor Name • Contract Number • Reports and graphs to delineate production rates of crews and their equipment, progress by area and estimations of total quantities remaining, time to completion, and daily cumulative cubic yards of debris removed, processed, and hauled. This reporting is due no later than 10:00 a.m. the following business day or as requested. • GIS mapping data updates and digitized reports • All GIS layers required will be provided to the Contractor by the City Public Works Department, prior to an event or as soon as possible to ensure up to date files and consistency in field structure. All GIS Data must be in an ESRI ArcGIS Desktop ArcMap 10.3 format or higher version. • Data exports should be at least monthly and utilize Microsoft0 Excel® or other formats acceptable to City. • Scanned documents should be at a minimum 300 dpi and in jpg, tiff, or AdobeO PDF® file format. DP&O will review and validate debris removal contractor(s) invoices prior to submission to the City for processing. PROJECT MAPPING: TRKRTM provides real time Mapping to document the debris removal progress. The final pass along each roadway will be mapped for the Owner's information, and FEMA documentation. DP&O will assist the Owner in public communication and will document and relay any citizen complaints for action by the contractor or the Owner. Upon project award DP&O will download appropriate City zone maps which will define the correct boundaries to ensure all debris being removed falls within the preview of the City so reimbursement in its entirety can be obtained. 58 Ina DP&O shall carefully document debris removal activities as well as hazardous trees and hazardous limbs using TRKRTM ADMS DP&O will work closely with the Owner to identify and approve removal of those critical debris hazards and DP&O will perform all documentation per strict FEMA requirements for Hazard Trees (Leaners) and Hazard Limbs (Hangers), to ensure that debris removal is eligible for federal funding. Hangers/Leaners: TRKRT"1 DP&O will validate that hazard limbs greater than 2 inches, and hazard trees measured including photos will be obtained for Leaners and hangers. The monitoring process to be used by DP&O for the City that includes both the ADMS and manual Load Ticket preparation if necessary. DP&O fully trains the field staff on the requirements associated with their position, the requirements of debris removal and the need for proper documentation in accordance with the DP&O monitor forms and tickets that comply with FEMA and FHWA requirements. DP&O's TRKRTM ARMS System includes the following key features: TRKRTM allows the client and DP&O staff to review all debris operations real-time. auto populates ticket ledgers, has built in analytics for automated debris data reconciliation and continues to function maintaining data without internet downloading data when Monitor reaches internet signals. TRKRTM is user friendly, tracks Monitor location and prompts Monitors to perform functions including required photos and measurements. TRKRTM Has the following key features for easy Debris removal and monitor tracking, records assimilation, and database storage: ➢ Weatherproof and shock resistant Handheld Unit (HHU): DP&O TRKRTM exists on the AT&T Android First Net responder cell phones. ➢ Standalone power source ➢ Integrated GPS capabilities ➢ High Quality print paper and ink to sustain harsh environment and not deteriorate over time ➢ Back-up equipment available for on -site rapid distribution if necessary ➢ Capable of sharing database records with contractors, sub -contractors, the City, and others via the internet. ➢ System is password protected, role -based access controls and has viewing, printing, and editing capabilities. Each user must have permissions ➢ Each manager will have a unique ID code ➢ HHU will extract information recorded ➢ Retains a running total of quantity and type of debris hauled by each particular vehicle ➢ Maintains all data and records per FEMA requirements. ➢ Populates the FEMA Debris removal Project worksheet templates. ➢ Collects data without internet connection. ➢ Includes durable portable printers for printing of load tickets if necessary. 59 305 ° Tracks Emergency Road Clearing Costs (Category B) A Tracks ALL Category A Debris Removal Costs ° Tracks, automates and links all photos ° Automates ticket ledgers, quantities with all ticket information. ° Tracks and automates DMS operations and photos. ° Disposal — Tracks disposal tickets and reconciles with Loads hauled to disposal facility. DP&O TRKRTM database shall also include all information on debris removal including, but not limited to: • load ticket, DMS & Disposal information (with Photos) • vehicle certification with photos and bar code data; trucks not operating/ down. • leaner, hanger, stump removal information • Ticket Data information with Photos. • Ticket status (in progress, completed, pending) Project Ouality Control The Disaster Debris Project Manager and Director, hold the ultimate responsibility for quality control of the work performed by DP&O's Project Team and all debris removal contractors. Their final review and approval of all work products is the last step in a series of checks and balances that ensures refinement and review of the work as it progresses. As with any project, effective QA/QC starts with identification of project roles upon initiation, which is a key element to our standard QA/QC program. Project Cost Control/Project Management At DP&O, cost control is a key facet of our success. We pride ourselves in our ability to complete projects within or below project budgets. We have a history of satisfied clients that have come to rely on our abilities to complete projects within an established budget. We can accomplish this by our established, computer -based, cost control system. All labor, other direct costs and subcontractor costs are input into the system via labor time sheets, expense reports and subcontractor invoices. Controlling costs begins with the initiation of each project at DP&O. At the beginning of a project, the Project Manager and Finance Director provides each member of the Project Team with an agreed upon number of hours within which each task is expected to be completed. Daily project meetings provide each Project Manager with the required feedback to anticipate whether the expected labor expenditures will meet the project requirements. Tracking and Controlling project issues is maintained and monitored using Recovery EOC TRKRs daily project cost tracking system which provides daily project cost summaries and graphs. Additionally Issues are tracked via supervisor notes and input as Tasks Pending, Completed or In progress. Debris Removal Progress and Costs Tracking: Throughout the Entire Debris Removal Operations to completion Homestead, Contractor and DP&O can see the Project costs to date, and Debris Progress per Debris Zones, and City wide, completed and In progress, including Debris quantities, Hazard Limbs and Trees removed totals and other Critical Debris Removal data. This ensures Integrity of the data being collected and allows each of our clients to observe the entire debris removal progress and costs as the project progresses through completion. 60 fiffff^l Progress Dashboard tnald.ls nurricaneayx Agency CityorK—Stead Now—t Pwk; R.—w. 6/17/2022, 12:00AM ( 6/1712022. 11:59 PM GRIOSEIECTOR DEBRIS REMOVAL HAIARDTREES RESET/ALL Debris Removal HOW to IM, IMLY 1. 0:'P'-.1 N.-Al 1. lotjl Ili" I Vegetative lCrl 132.396.54 124.34 498.54 - 132,396.54 $060,577.51 622.88 $38,001.91 Hanger 2" - u 1,148 $200.900.00 C/D{rn 1,393:BS 38.47 - - - 17&85 1,393.85 $9,060.03 215.32 $13ii36.67 Total 7148 $200.900. Mixed tCO 26.08 68.34 734.61 26.08 5169.52 803.45 $49.018.48 Other - 0.00 0.00 - 0.00 0.00 S0.00 0.00 $0.00 Leaner 6" - 23.95" 527 $131,750.00 Total 133.8I6.47 231.65 1,430.00 5869.807.06 $100.157.0) 24" - 35,99" 142 $78,100.00 f 36' - 47.99" 81 $301,250.00 $869.807.06 48' - up 14 $11.700.00 Total5332.800.00 Debris Removal and Disposal Cost $969,964.I2 Stump 6" - 23.99" 24 $7,090.00 24' - 35.99" 8 $3,960.00 35' - 47.99' 2 $1,590.o0 48" - u 0 $0.00 Total $12,630. Trees Cost $546 330.00 Tracking Documentation and Reimbursement DP&O will utilize our TRKRTM Automated Debris Management System (ADMS) to auto generate e-tickets, prepare detail load ticket input, check quantities, locations with mapping for all debris operations. (ROW to DMS, ROW to Disposal, Leaner/Hanger/Stumps, and other debris hazards) including certifying all equipment used. In the event manual tickets are requested by the client, DP&O will also provide a data entry/data manager to load tickets to track and document the removal and management of all Eligible Debris. DP&O ensures that all load tickets meet the requirements of FEMA and other Federal or State reimbursement agencies. In the event the client or debris removal contractor request ticket copies we have portable printers stationed at the DMS site to print tickets and or we can provide access to TRKR and or send daily tickets in pdf via email. Additionally, any other type of manual ticket (Debris Removal, Disposal Voucher number) is logged via TRKRTM as an alternate ticket number and photocopied with the corresponding load ticket. All Disposal tickets are also maintained in TRKRTM with the corresponding load ticket. DP&O will provide client access user log ins to TRKRTM to view Debris Operations or documents at any time. Database Reporting: DP&O shall be responsible for collecting, auditing for completeness and accuracy, tabulating and organizing all debris removal, Final Haul out and and disposal data into required formats, which will follow all requirements of FEMA, FHWA, and all other applicable federal, state, and local agencies. DP&O utilizes our TRKRTM ADMS (Automated Debris Management System) to collect all debris removal data, tickets and document debris operations and is discussed below. 61 ,im 15U(eD tlpsDll 1 . -1v'' '. IOrtfo l0 - � f0lncrtead; Iln(nl ,d`'17 .Flo j (de;C, r.. . 3 REPORTING/PROJECT COMMUNICATION: DP&O will provide the following communication procedures to be employed throughout the contract term to maintain clear lines of communications with the city Project Manager and City Staff. daily status reports, unless otherwise specified, of the debris removal operations, preparation of interim reports (as directed by the City), as well as a final report of the debris removal operations. A. The daily status report shall include at a minimum: the daily cubic yards/tons collected by material and by program (FHWA-ER First Pass, First Pass on non -Federal Aid roadways, second and subsequent passes on all roadways), cumulative totals in cubic yards/tons by debris type, number of debris removal crews and equipment operating, number of debris monitors in field, cubic yards/ton by debris type hauled to final disposal and location of final disposal, and total cubic yard/tons hauled to recycling or salvage facilities. B. A Weekly interim status report and final report covering the history of the operations, temporary debris sites used, site closure, any environmental reports and final disposal, recycling if any. The report may include Lessons Learned in operations and recommendations for future debris activities. A copy of the weekly daily Debris Progress is as follows: Recovery EOC & TRKR ADMS functions, features and benefits are as follows: 62 qn.Q eXACT Recovery eXAC RESPOND. RECOVER, TrackingDebris .Mobile A P. C OA kdti. p"Wates E-SIgn "dell. a Ail WMlkt�5.T]ekejs 4elaa t Bet Code. Sc$rinln' pratirtdee for eTrtjiWEqulpMent geglticl Clans and Prompt§ Leaner Hanger Monithrs farkeeisuremf >l tsr and t?},ntus. A%Wmates'tlrkcet Leigeta anp Recc►ncill$Ilrtn: "th VI alippairrlg treOgp • �It4w.�r�; -nrite:vtrry tyt�q ��rJ�R�+++� Aw�aile . noce+n►e,�l�als�Oted-r�trt��:€gti�ma��mftrit�i�: Tracks Mar�1€ur sCgr� ln, 5lgn efx wlt� lrfaailprgf ilrae and �#e T> R IeeiiM And >d � > A,trtanllke6 Tip quariilt(e�lith all �k�t ltrritiallnn: a lFlrpi.1 +,piwTth -,� �tiisp+�eb=[lt�teis wntr'L�ts fi��e�t � il►I Tg�lty,.: , . snOtlt tiei*tas Aemaual t�acume tie n r�rbjer Tesks w&h TitW je$gers,'f�P „t�Fiotos. anq M.aO ![r9 lR a� i► q 4q ind aninpr gn, R0130"i n , ss t Invntito R As. sets arls u� meta YYlalt dwa O,ft fit' his �.: t �. #�� �9 . � #� ll Fteca"ty Cost Repa>'ts 6 OMA Prf► GO WarkSligei (PW). Cast SUM' = ; per Er --MA CarR§" I _ wfih detmied cost sheets tat. a Forte Eadar (FL) Cagfs: Fare �quipmant CFI C¢�r Lepger, 1 y Cantfaupt Cost Ledger, Malerlels Chat Ledge( - Llnks [)ama.gq Assesument W keeavery. E hAaiaielnsALL CAT.A Ft .requ 0q.n#repgrts.00Otfedgers. tleK;ete pttataw, mApF. aMs, parmltWpelure, tired PW sammia y anti ref®Il re�sarfs. PLAN. RESPOND. RECOVER. F) xs�F) 63 3095 PHASE H - Long Term Recovery The DP&O Team's approach to the long-term recovery process is further described under the "Approach to the RFP Scope of Work" provided below. However, key aspects to the DP&O Teams' approach to the Long -Term are as follows: DP&O'S LIFE CYCLE APPROACH TO FUNDING: Ensures Maximum Funding Opportunities for the City. Implementation of Lessons Learned Through the approach section the DP&O Team will demonstrate our lessons learned from past events that should benefit the City. Periodic Adiustment of Resources As the recovery proceeds, needs may shift from grant management to procurement to construction oversight and engineering estimates review. DP&O will adjust the staff mix as necessary during all phases of recovery. Database Reporting DP&O will utilize our Disaster Claims Management System platform to maintain all Disaster Recovery costs, PW submittals, and Track Funds. DCMS will prevent duplication of data entry and facilitate long term storage of volumes of disaster documents in audit proof format. Once the Scope of Work and Cost Estimate is complete, supporting back-up documentation will be attached. These may include procurement policies, contracts, bid tabulations, invoices, purchase orders, proof of payments, pay policies, payroll registers, Force Account daily activity logs, equipment logs, and emergency call logs, damage assessment validations, blueprints, etc. These PW support documents will be part of an applicant's grant application as required by federal regulation and are to be maintained in the document management system for possible future audit. The PW final project and cost estimate with supporting documents would then be submitted to FEMA PA Portal and DP&O will answer all Portal "EEI" Questions promptly for Prompt document submittal entry for JFO review and submittal to CRC and EMMIE for obligation. 64 ,zin FEMA Public Assistance Advisory Services The FEMA process is very detailed with many deadlines which we are experienced with and also submitting time extensions when needed for our clients. Below is a diagram of the FEMA process which is very detailed and can cause an applicant delays in reimbursement if time deadlines are not strictly adhered to for projects identification and documents review. We stay focused on the critical deadlines and ensure submittal of audit ready documents complying with the FEMA "Verify as you Go" (VAYGO) review process. You Identif;&RCPOA-t FEA1A Yqu C:ompletcPreliminary Damage State ConductsFEMA ClesDamage60 obligntes Rork& RequestAssessment - LDA Applicant Briefings Project DAYS ooff Funds to State Project Closeout State Submits You Submit Request State Certifies Develop Project FEMA Closes Request Win 31/ for Public Assistance Completion ►v/in DAYS of Incident w/m 30 DAYS afPDA Scope & Costs 180 DAYS State FEMAApproves FEMA & State Presidential R,A_ Kickoff Mtg Conduct Exit C)1C and State Declaration ►v/in 21 DAYS or Briefing Audits We are experienced with the FEMA process and the new FEMA PA Portal and internal complexity of reviews, Portal deficiencies and document entry issues of the FEMA PA Portal and we are ready to represent the City to expedite a smooth transition throughout disaster recovery PW submittals, costs tracking, PW review, and funds obligation. Debris Records Reconciliation: Category A — Proper documentation of Debris Removal cost and data is critical to maximizing FEMA reimbursement. All monitoring data collected in the field and documented will be reconciled with the debris removal contractor invoices to ensure FEMA Compliance for accuracy of debris quantities, locations, dates, GPS coordinates. The following debris removal records will be reconciled for accuracy and FEMA compliance. DP&O plans to use our TRKRTM ADMS System, however there are instances where the client request manual tickets as well. Where DP&O will be prepared to handle both cases. Debris removal contractors and monitors invoices will be reconciled for the following items and with associated daily logs and invoices for services per contract billing rates and terms. Discrepancies or issues will be documented and issued to the designated City representative for Debris Contractor invoice corrections. • Leaners, hangers, and stumps, - reconciled with Debris removal invoices, per contract cost items and per monitor logs data. We will validate leaners, hangers, and stumps compliance for FEMA documentation 65 All including photographs, GPS locations, quantities, and stump measurements. • Debris Removal Load/haul ticket ledgers— We will obtain and review daily Debris load/ haul ticket ledgers and ensure they have been reconciled for duplicate and or missing load/ haul tickets. Reconciliation identifies any discrepancies between load/haul cubic yards and actual debris quantities, and debris removal invoices will be reported to the City for debris removal invoices corrections. Additionally, ticket ledgers will be spot checked for truck certification haul Capacity (cubic yards). • Load haul tickets will also be validated and spot checks for accuracy per ticket ledgers. • TDSRS Final Haul out to permitted disposal facility -final haul out ticket ledgers will be reviewed and reconciliation with actual disposal facility ticket ledgers to identify any discrepancies between debris quantities hauled and disposed. Spot checks on final haul out tickets and disposal tickets will be performed for accuracy and per FEMA compliance. • Additional Debris Removal documents to be reviewed and validated include the following: D Truck Certifications and Truck Certification logs; D Maps and or streets of Emergency Roads clearing; D Debris Removal Progress maps and priorities per the City's Debris Management Plan; m Photos and GPS locations; D TDSR permit Baseline report and TDSR closure report. All reconciled and final Debris removal and monitor documents will be filed manually and electronically and submitted with FEMA Category A FEMA Project Worksheet per Debris Pilot Program requirements. PHASE — III Project Closeout The DP&O Team firmly understands that successful project closeout starts the first day of disaster recovery. A focus on proper documentation procedures, pre -auditing, and proper procurement procedures at the onset of the recovery assures a smooth project closeout phase. Attention to Closeout on Day One. Our approach will focus on closeout and auditing requirements from the first day on the job. Development of proper document retention procedures and cross -training of the City staff will allow the City to respond to any audits long after closeout is done To enhance the closeout process, we focus on the following key aspects to provide an effective closeout procedure: • Stress on Quick Closeout of Projects. Many PWs particularly involving Category A and B activities can often be moved to closeout quickly. We recommend all projects be moved to closeout as expeditiously as possible. Developing the closeout files is most effective when everyone's memory is fresh, and staff involved in the activities are still accessible. • Client Staff Involvement/Cross Training. We understand that you may want or need to end support activities prior to the extended closeout process that sometimes can occur at the FEMA level. Thus, integrating the City staff into the long-term recovery and closeout phase will be essential to DP&O. FEMA Submittal. Final project and cost estimate with supporting documents would then be submitted to FEMA PA Portal and DP&O will answer all Portal " BEI" Questions promptly for Prompt document submittal entry for JFO review and submittal to CRC and EMMIE for obligation. 66 1412 To ensure that processing of federal funding is acquired as quickly as possible by verifying the following information and its accuracy responsibilities: • Review/reconciliation of debris Contractor invoices and payment recommendation letter • Monitoring and Collection information (reports, logs, etc.) • Project Status Reports • Completed Load tickets • Photographs of Debris Collections • Tipping Fee Receipts • Contractor invoices • Review of debris Contractor equipment hours of operation • Vehicle certifications • Start and end dates and progress mapping of the first debris removal pass and all subsequent passes • Daily logs and TRKRTM Detail mapping to support Emergency Road Clearing services. Stress on Quick Closeout of Projects. Many PWs particularly involving CategoryA and B activities can often be moved to closeout quickly. We recommend all projects be moved to closeout as expeditiously as possible. Developing the closeout files is most effective when everyone's memory is clear, and staff involved in the activities are still accessible. Client Staff Involvement/Cross Training. We understand that the City may want or need to end support activities prior to the extended closeout process that sometimes can occur at the FEMA level. Thus, integrating the City staff into the long-term recovery and closeout phase will be essential to DP&O. All client disaster Data is Stored in DP&O's Disaster Claims Management System for long term document storage and to facilitate project close out and future audits. For all DP&O clients we maintain a PW template excel summary per each Final PW with support tabs for Contractor Summary, Force labor, Staff inventory, Force Equipment, Equipment Inventory and Materials if used. The PW Summary sheet for each project provides quantities, costs, for Contractors, Force labor, Equipment, and Materials and line items for FEMA and State Share. DP&O maintains a tracking system that documents the Date of PW FEMA PA Portal applicant submittal, and FEMA acceptance. The PW is then tracked through CRC approval to FEMA EMMIE obligation. Each PW per FEMA Category is maintained both electronically, and manually in audit proof format to facilitate a quick project close out and or audit. All projects' financial supporting documents are 100% accurate and audit ready. Funding Support DP&O shall be prepared to submit FHWA reimbursement claim as needed. DP&O' shall be prepared to assist tracking progress of project worksheets and provide quick response to any. issue that could slow funding. DP&O shall assist client in finding additional funding sources related to mitigation. The Team will ensure that all management, and administration of disaster recovery projects, and associated disaster reimbursement costs claims, and documents comply with FEMA's most recent Program Policy guide, 2CFR200 for procurement and contracting, and OMB Cost Circulars A-133 Audits and Office of Inspector audit tips. In addition, all state and federal environmental policies for permitting and reporting will be adhered to. 67 11114 PROPOSED DELIVERY SCHEDULE DP&O's Monitoring Delivery Schedule Chart in weeks is Presented in the below diagram. Task Deliverables/Milestone Pre -Event (Preparedness and Mobilization Strategy) 96 Hours before Pre -Event Meeting • Contact the City and initiate a communication schedule disaster Plan of Action — Post Even • Review the City debris plan and prepare assets for Debris removal contractor meeting activation. • Verify SWA TDRS Permit, Site status, Activation • Discuss deploying project manager of the City. • Maps Review and Priority Routes (Construction) • Run initial models to estimate impact and resource needs (Travel Logistics). • Communications Capability (Satellite) • Contact pre-screened the City debris monitoring workforce H-72 Mobilize Key Staff per Notice to Proceed a Verify and update staff and quantities mobilization. ADMS equipment, monitor forms, all Debris Supervisors and Monitoring staff notification and check in. H-48 Monitor storm track and continue a Continue communications with the City staff preparations • Confirm staging location to mobilize resources • Prepare project assets and begin base camp logistics coordination (Personal Protective Equipment) H-24 Client department coordination, a Certify emergency road clearance equipment (in management staff and monitors prep for coordination with the debris removal contractor) mobilization a Coordinate documentation of emergency push activities. Debris removal contractor coordination Week 1 Post Event Response & Mobilization H+12 His. Within 12 Hours of Notice to Proceed • Mobilize DP&O Project Manager and other key staff (12 Hours (NTP) post disaster) H+24 Hrs. Commence work per the City work orders Mobilize to Field Operations Center (FOC) Debris Monitor Supervisors, Monitors and ADMS equipment for Emergency Road Clearing H+48 Hrs. Emergency Road Clearing/Damage Assessment H+72 Hrs. Disaster Debris Vehicle/Equipment Certification DMS Site Monitor Mobilization Preparation • Begin 70-hour emergency push and restore critical roadway passage. • Begin post 70 hr. emergency road clearing per the City DMP. • Document time and materials • Coordinate with EMC staff to conduct preliminary damage assessments if requested • Begin mobilizing DP&O pretrained local monitors • Initiate debris management site (DMS) opening • Continue emergency push • Continue preliminary damage assessment • Develop debris cost estimate for the City. • Certify disaster debris vehicles/equipment • Verify DMS Site permits and operations. • Verify disposal site availability and possible delays • DMS towers and establish site flow if required due to deficiency • Conduct training/safety sessions for monitors 11A • Open public drop-off sites if requested Begin Debris Collection Monitoring Per • Assign monitors to load haul crews, leaner and hanger work orders removal crews. • Assign monitors to DMS locations • Assign supervisors to monitors per debris zones • Meetings with all stakeholders as requested. • Implement QAQC of leaner hanger photos and ticket processmg • Initiate daily ticket reconciliation with debris removal contractor Week 2 to PHASE II Recovery )Debris Hazard Removal, Debris Management) Week 16 Week 2+ ROW Debris Collection Monitoring per through project work orders obtained from FOC completion (120 days) Week 2+ Documentation Management through project Long Term Recovery completion FEMA project submittal, PW review and (120 days) tracking Project obligation, closeout, state audit • Continue ROW debris collection • Issue daily reports/GIS maps • Hold daily meetings with the City and debris removal contractors as required • Provide citizens/ community debris management hotline (if requested) • Determine which special projects are required (hazardous trees, waterway debris removal, private property debris removal, etc.) and prepare eligibility request • Implement QAQC of leaner hanger photos and ticket processing • Daily ticket reconciliation with debris removal contractor (ROW to DMS, DMS to Disposal; Leaner, Hangers and Stumps) • Daily ADMS Debris Removal Progress reports, monitors daily log, and debris progress mapping • Daily Reporting of debris removal and monitoring contract work • Compilation of disaster of FEMA Disaster project submittals by debris removal task with FEMA required back documentation • Disaster project FEMA PA Portal submittals • Respond to FEMA/FDEM RFI's, Track RFI replies • Coordinate FDEM state audit and project closeout • Request for reimbursement submittals 69 111_5 TAB #9: REQUIRED FORMS Attached; please find the required forms per RFP including the cost proposal form. 70 316 DELIVER 70. REQUESTFOR PROPOSAL City of Sunny Isles Beach SECTION 6 City Clerk BID SUBMITTAL FORMS OPENING: 18070 Collins Avenue Tuesday, May 16, 2023 11:00 AM Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES, LESS TAXES, FOR THE CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: CtyofSunnyIs/es Beach Date Issued: This Bid Submittal Consists of 04/24/2023 Pages 40+ Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. RFP 23-04-02 Disaster Debris Monitoring Services & Financial Recovery Assistance ProcurementAaent: Genesis Cuevas Firm Name: Disaster Program & Operations, Inc. RETURN ONE USB, ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGESAND AFFIDA VITS FAILURE TO SIGN PAGE 37 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID PART II: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated R] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Disaster Program & Operations, Inc. AUTHORIZED SIGNATURE: � � U�� DATE: 5/l /2023 TITLE OF OFFICER: President BID SUBMITTAL FORM Bid Title: Disaster Debris Monitoring Services & Financial Recovery Assistance 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. This Bid will remain subject to acceptance for 90 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 fully set forth in the Agreement, that: ■ The Consultant 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 cost, 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 of any undisclosed 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 submit 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 other 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 upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. Firm Name: Disaster Program & Operations, Inc. Street Address: 404 W Palm Dr #100 Florida City FL 33034 Mailing Address (if different): 830-13 A1A North #674 Ponte Vedra Beach, FL 32082 Telephone No. 561-436-3383 Fax No. Email Address: gbenigni@dpando.com FEIN No. 4 *By signing this document the Proposer agrees to all Terms & Condition Signature: Q of authoriL'ed agent) Print Name: Gabrielle Benigni Title: President THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONSULTANT TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED 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 CONSULTANT TO THE TERMS OF ITS OFFER. Section 7 QUALIFICATION STATEMENT Check one: Submitted By: Disaster Program & Operations, Inc. `z Corporation Name: Gabrielle Benigni ❑ Partnership Address: 830-13 A1A North #674 ❑ Individual City, State, Zip Ponte Vedra Beach, FL 32082 ❑ Other Telephone No. 561-436-3383 Fax No. 1. 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. D SF D R L GS R T , S oman ned Small usiness and minority certified ith the state of Flori ad ; Federar epa men of Iransportation FU I for Disaster Recovery, nvironmental Services, T and Demolition Services. D , nc. is a Florida Subchapter S Corporation re istered ith Federal F 4-3936181, Federal Ca a Code 82L 4, and D S umber 88882339. 2. Have you ever failed to complete any work awarded to you? If so, state when, where and why: N/A 3. State the name of the individual who will have personal supervision of the work: Gabrielle Benigni 5. References for which your firm has provided or has an active contract for Disaster Debris Monitoring Services within the past five (5) years: Agency Name: Contact Name Phone No.: City of Florida City u ene L on 86-304-8230 Email: pro -mn r@floridacityfl. ov Contract Term date: Sept 2013 - Current Agency Name: Seminole County ublic Schools Contact Name: elissa Si nleton Phone No.: 40-221-9130 Email: melissa si nelton@scps. 12.fl.us Contract Term date: Sept 2022 - Current Agency Name: City of Homestead Contact Name: Steve Taylor Phone No.: 305-283-9241 Email: staylor@cityofhomested.com Contract Term date: December 2018 - Current 6. State the name of independent debris removal contractors that your firm has successfully monitored debris hauling with in the past: LGS, SDR, DRC, TFR, CTC 7. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. If subcontracts are to be let, which affirmative steps, according to §200.321 will you take to meet the steps in paragraphs (b)(1) through (5) of this section. N/A "t 1' I' J1 11I ) I 1 1 Consultant shall complete all sections 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, cameras, GPS devices and all other materials, items and miscellaneous expenses. Proposers may offer other required positions as necessary with the written approval of the City's Project Manager. ITEM # . POSITIONS HOURLY RATE 1 Project Manager $ 130.00 2 Field Supervisor $ 50.00 Field Monitor $ 3 32.00 TDMS Monitor /Tower Monitor $ 4 32.00 Debris Site Security $ 5 60.00 GIS Specialist $ 6 65.00 Billing Invoice (Load Ticket Data Entry) $ 7. 35.00 $ Data Manager $ 65.00 9. FEMA Reimbursement Manager $ 90.00 10. OTHER POSITION: STATE HERE: $ 80.00 11. OTHER POSITION: STATE HERE: $ 65.0 0 Aerial Photo Package (5 Photos per Flight, $ 1.12 different locations) 500.00 Photograph Copies (Duplicate of Original $ 1.13 Approved Photo) 35.00 1.14 Additional Photographs (per photo, same flight, $ 55.00 same location, different view) 1.15 Additional location (one photo, same flight, $ 115.00 different location) Authorized Signatory: Executed by: Gabrielle Benigni/President Appendix II to Part 200, Title 2 (up to date as of 3/02/2023) Appendix II to Part 200, Title 2 Contract Provisions for Non -Federal Entity Contracts Under Fe... This content is from the eCFR and is authoritative but unofficial. Title 2 - Grants and Agreements Subtitle A - Office of Management and Budget Guidance for Grants and Agreements Chapter II - Office of Management and Budget Guidance Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Source: 85 FR 49543., Aug. 13, 2020, unless otherwise noted. ................................. Source: 85 FR 49539, Aug. 13, 2020, unless otherwise noted. ................................. Authority: 31 U.S.C. 503 ................................ _ .. Source: 78 FR 78608, Dec. 26, 2013, unless otherwise noted. .................................. Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non - Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in ............................................ instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that ....................._ ....._....... meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the .................................................. equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, ............................... (' . "Equal Employment Opportunity" (30 FR 12319,12935, 3 CFR Part,1964-1965 Comp., p. 339), as ..................................................................................................................... amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance ........................................... Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as ....................................................... .......__................. supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part .... ...... _............_ _ .... 2 CFR Appendix-II-to-Part-200(D) (enhanced display) page 1 of 3 324 Appendix II to Part 200, Title 2 (up to date as of 3/02/2023) 2 CFR Appendix II-to-Part-200(E) Contract Provisions for Non -Federal Entity Contracts Under Fe... 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts ............................................................... awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by ......................................... Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must ......................................... be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction ............................................. work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, `Rights .................................................. to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), .. .............. I ............... ............... as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act .. ...................... ....... .......... ....... I . ...... ..... as amended (33 U.S.C.1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CF.R 180........22.0) ..................................... must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive ................................ Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any 2 CFR Appendix-II-to-Part-200(I) (enhanced display) page 2 of 3 325 Appendix II to Part 200, Title 2 (up to date as of 3/02/2023) 2 CFR Appendix-II-to-Part-200(J) Contract Provisions for Non -Federal Entity Contracts Under Fe... other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See §.200.323. (K) See 200.216. (L) See 200.322. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014, 85 FR 49577, Aug. 13, 2020] 2 CFR Appendix-II-to-Part-200(L) (enhanced display) page 3 of 3 326 This Exhibit is hereby incorporated by reference into the main solicitation. FEDERAL PROVISION RELATED TO GRANT FUNDS THAT MAY BE USED TO FUND THE SERVICES AND GOODS UNDER THIS SOLICATION This solicitation is or may become fully or partially Federally Grant funded. To the extent applicable, in accordance with Federal law, proposers shall comply with the clauses as enumerated below. Proposer shall adhere to any and all other applicable Federal Laws. Including, but not limited to, those set forth below, as well as those listed below, which are incorporated herein by reference: a. 2 CFR. 25.110 b. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000 c. Executive Orders 12549 and 12689 d. 41 CFR s. 60-1(a) and (d) e. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations These cited regulations are hereby incorporated and made part of this Solicitation as if fully set forth herein. As stated above, this list is not all inclusive, any other requirement of law applicable in accordance with the Federal, State or grant requirements are also applicable and hereby incorporated into this Solicitation. If Proposer cannot adhere to or objects to any of the applicable federal requirements, Proposers proposal may be deemed bythe City as unresponsive. The provisions in this exhibit are supplemental and in addition to all other provisions within the Procurement. In the event of any conflict between the terms and conditions of this Attachment and the terms and conditions of the remainder of the Procurement, the conflicting terms and conditions of this Exhibit shall prevail. However, in the event of any conflict between the terms and conditions of this Exhibit and the terms and conditions of any federal grant funding document provided specific to the funds being used to contract services or goods under this Procurement the conflicting terms and conditions of that document shall prevail. Drug Free Workplace Requirements (Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seg.), 2 CFR § 182): To the extent applicable, proposer must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988. Conflict of Interest (2 CFR § 200.112): The proposer must disclose in writing any potential conflict of interest to the City or pass -through entity in accordance with applicable Federal, County and/or City policies. Mandatory Disclosures (31 U.S.C. §§ 3799 — 3733): Proposer acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Proposer's actions pertaining to this solicitation. The Proposer must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Utilization of Minority and Women Firms (M/WBE) (2 CFR § 200.321): The Proposer must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible, in accordance with 2CFR 200.321. If 327 subcontracts are to be let, prime proposer will require compliance by all sub -contractors. Prior to contract award, the proposer shall document efforts to utilize M/WBE firms including what firms were solicited as suppliers and/or subcontractors as applicable and submit this information with their bid submittal. Information regarding certified M/WBE firms can be obtained from: Florida Department of Management Services (Office of Supplier Diversity) Florida Department of Transportation Minority Business Development Center in most large cities and Local Government M/DBE programs in many large counties and cities Equal Employment Opportunity (As per 2 CFR Part 200, Appendix 140; 41 CFR § 61-1.4; 41 CFR § 61-4.3; Executive Order 11246 as amended by Executive Order 11375): During the performance of this Contract, the proposer agrees as follows: (1) The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause; (2) The Proposer will, in all solicitations or advertisements for employees placed by or on behalf of the Proposer, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin; (3) The Proposer will send to each labor union or representative of workers with which it has a collective bargaining Contract or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Proposer's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment; (4) The Proposer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor; (5) The Proposer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.; (6) In the event of the Proposer's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Proposer may be declared ineligible for further Government contracts or federally. assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.; (7) Proposer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Proposer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for 2 328 noncompliance: Provided, however, that in the event a Proposer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Proposer may request the United States to enter into such litigation to protect the interests of the United States. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246). SEE EXHIBIT H TO THE ITB FOR THE COMPLETE NOTICE Davis -Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5): If applicable to this solicitation, the proposer agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. 3141-3148). Proposers are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination. Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3): If applicable to this Solicitation, proposer shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR Part 3 which are incorporated by reference to this solicitation. Proposers are prohibited from inducing by any means any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as supplemented by 29 CFR Part 5): All contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended): Proposer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Debarment and Suspension (2 CFR part 180, Executive Orders 12549 and 12689): Proposer certifies that it and its principals, if applicable, are not presently debarred or suspended by any 329 Federal department or agency from participating in this transaction. Proposer now agrees to verify, to the extent applicable that for each lower tier subcontractor that exceeds $25,000 as a "covered transaction" under the Services to be provided is not presently disbarred or otherwise disqualified from participating in the federally assisted services. The proposer agrees to accomplish this verification by: (1) Checking the System for Award Management at website: http://www.sam.gov; (2) Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, herein; (3) Inserting a clause or condition in the covered transaction with the lower tier contract. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352): Proposer must file the required certification, attached to the procurement. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. The contractor shall certify compliance. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401): Please contact the City for further information related to the applicable standard patent rights clauses. Procurement of Recovered Materials (2 CRF 200.323 and 40 CFR Part 2471: Proposer must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Access to Records and Reports: Proposer will make available to the City's granting agency, the granting agency's Office of Inspector General, the Government Accountability Office, the Comptroller General of the United States, State of Florida, the City, or any of their duly authorized representatives any books, documents, papers or other records, including electronic records, of the contractor that are pertinent to the City's grant award, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. The right also includes timely and reasonable access to the contractor's personnel during normal business hours for the purpose of interview and discussion related to such documents. This right of access shall continue as long as records are retained. Record Retention (2 CFR § 200.33): Proposer will retain of all required records pertinent to this contract for a period of three years, beginning on a date as described in 2 C.F.R. §200.333 and retained in compliance with 2 C.F.R. §200.333. 4 330 Federal Changes: Proposer shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of any awarded contract. Termination for Default (Breach or Cause): If Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate the contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. Termination for Convenience: Any Awarded Contract may be terminated by the City in whole or in part at any time, upon ten (10) days written notice. If the Contract is terminated before performance is completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Safeguarding Personal Identifiable Information (2 CFR § 200.82): Proposers will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, state and/or local laws regarding privacy and obligations of confidentiality. Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part 200): The City will not award contracts containing Federal funding on a cost-plus percentage of cost basis. Energy Policy and Conservation Act (43 U.S.C. § 6201 and 2 CFR Part 200 Appendix II (H): Proposer shall comply with mandatory standards and policies relating to energy efficiency, stating in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. Proposer will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Proposer from (1) engaging in severe forms of trafficking in persons during the period of time that the resulting contract is in effect; (2) procuring a commercial sex act during the period of time that the resulting contract is in effect; or (3) using forced labor in the performance of the contracted services under a resulting contract. A resulting contract may be unilaterally terminated immediately by the City for Consultant's violating this provision, without penalty. Domestic Preference For Procurements (2 CFR § 200.322): As appropriate and to the extent consistent with law, to the greatest extent practicable when using federal funds for the services provided in a resulting contract, shall provide a preference for the purchase, acquisition, or use of goods and products or materials produced in the United States. Buv America (Build America, Buv America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive Order 14005): All iron, steel, manufactured products and construction materials used under a 5 331 federally grant funded project must be produced in the United States. Additional requirements may apply depending on the Federal Granting Agency provisions, please check with the City for further details. Proposers shall be required to submit a completed Buy America Certificate with this procurement, an incomplete certificate may deem the proposers submittal non -responsive. Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2 CFR § 200.216): Proposer and any subcontractors are prohibited to obligate or spend grantfunds to: (1) procure or obtain, (2) extend or renew a contract to procure or obtain; or (3) enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. Far the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country. Enhanced Whistleblower Protections (41 U.S.C. § 4712): An employee of Proposer and/or its subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a -person or body described in 42 U.S.C. § 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific dangerto public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170): In accordance with FFATA, the Proposer shall, upon request, provide the City the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII : The Proposer shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of this contract, by posting the required information in the System for Award Management via https://www.sam.go v. 1.1 332 Never Contract With The Enemy (2 CFR Part 183): Applicability: only to grant and cooperative agreements in excess of $50,000 performed outside of the United States, Including U.S. territories and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. Requirement: Proposer must exercise due diligence to ensure that none of the funds, including supplies and services, received are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subcontract. Federal Agency Seals, Logos and Flags: The Proposer shall not use any Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without specific federal agency pre -approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to -any obligations or liabilities to the non -Federal entity, contractor, or any other_party pertaining to any matter resulting from a resulting contract. The President, Gabrielle Benigni [insert name of the signator] on behalf of Disaster Program 9, Operatinns, Inc -the Proposer is authorized to sign below and confirm the proposer is fully able to comply with these requirements, federal terms and conditions and has on made any inquiries and further examination of the law and requirements as is necessary to comply. DATE: 5/1 /2023 SIGNATURE: COMPANY: Disaster Program & Operations, Inc. NAME: Gabrielle Benigni ADDRESS: 830-13 A1A North #674 TITLE: President Ponte Vedra Beach, FL 32082 E-MAIL: gbenigni@dpando.com PHONE N 0.: 561-436-3383 7 333 4 SUNNY 1 r, V NON -COLLUSION AFFIDAVIT u x •; ;'.' City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 C�7Y OF LAIN ►N� r Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA I COUNTY OF Miami Dade ) The undersigned being first duly swom as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, Disaster Program & Operations, Inc. (Name of Corporation, Partnership, Individual, etc.) a, consulting firm formed under the Taws of Florida (Type of Business) (State) of which he is President (Sole Owner, Partner, Pres dent, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. Gabrielle Benigni President AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this 1 St day of May 20" Personally Known V-- or Produced Identification , Type of identification (Affix seal here) ELIZABETH VALut_zn, Notary Public -State of Florid Commission It Hirt 356226 My Commission Expires May. 09. 2027 DECEMBER 20. 2010 Liz Valdes NOTARY PUBLIC (name printed or typed) 334 F S, p1Nr ls� �A. p d9 n PUBLIC ENTITY CRIMES u` �x City of Sunny Isles Beach r w 18070 Collins Avenue rLoR�� 5° Sunny Isles Beach, FL 33160 "'OF SW Ti Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, or Consultant under 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, 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by Gabrielle Benigni/President [print individual s name and Mel for Disaster Program & Operations, Inc. [pnnt name of entity su mi mg sworn s emen whose business address is: 830-13 A1A North #674 Pointe Vedra Beach, FL 32082 and (if applicable) its Federal Employer Identification number (FEIN) is 47-3936181 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 11.2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), 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 goods 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. 11.3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication 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 of a plea of guilty or nolo contendere. 11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida 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 management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 335 market value under an arm's length agreement, shall be a prime 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 36 months shall be considered an affiliate. 11.5. 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 to 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. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this swom 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, 1989. The entity submitting this sworn statement, or 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 crime subsequent to July 1, 1989. The entity submitting this sworn statement, or 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 crime 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 Order 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,) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND 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 STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: C 9,-2 (Signature) Gabrielle Benigni (Printed Name) President (Title) Sworn to and subscribed before me this 1st day of May , 20 23 , by (AFFIX NOTARY STAMP HERE) ELIZABETH. VALUES Signature: ie9 ,NOUN Public-5tgfe of FlOrld' s• •= Ca'mmission N HH 3b822i My Commission EXP40 May 09, 27 P roduced Identification T. 336 � SJNNY rS�Fi EQUAL OPPORTUNITY / AFFIRMATIVE ACTION h� 9➢F• �l+a R`OP y�r City of Sunny Isles Beach or su" "18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 94"113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: 0�4z�a& Title: President Firm: Disaster Program & Operations, Inc. Address: 830-13 Al North #674 Ponte Vedra Beach, FL 32082 DECEMBER 28, 2010 337 SVNNY tt(�Js U :. .� _, CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue ^�f �. 9��FLQa�vQr4v Sunny Isles Beach, FL 33160 ry Or sUP iµ Telephone: (305) 947-0606 Fax: (305) 949-3113 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 Beach or its agencies. STATE OF FLORIDA COUNTY OF Miami Dade BEFORE ME, the undersigned authority, personally appeared Gabrielle Benigni who was duly sworn, deposes, and states: 18.1. 1 am the President Iof Disaster Program & Operations, Inc. with a local office in 404wPalm Dr#100Florida City FL33034 and principal office in 830.13 A1A North #674 Ponte Vedra Beach, FL 32082 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. 23-04-02 Disaster Debris Mi lstrfbed as: Golden Shores Street Lighting. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 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 entities submitting Bids for the same project. 18.4 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 connection 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. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 1 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 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 notify the City of Sunny Isles Beach. Dated this 1s1 day of May 2023 2022 Gabrielle enigni resident AFFIANT Print or Type Name and Title Sworn to and subscribed before me this 1at day of May 2023 2022 O Personally Known V_OR O Produced Identification ; Type of Identification NOTARY PUBLIC STA ELIZABETH VALDES otary Public -State of Florid Commission 0 HN 356226 My Commission Expires May 09, 2027 338 � SJNNY /S��S DISPUTE DISCLOSURE ' City of Sunny Isles Beach �� ' - ,P • 18070 Collins Avenue 'ye 9D� • r L 0 sir Sunny Isles Beach, FL 33160 sir" or auµ �'Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO V 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO V- 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO _ V If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Disaster Program & Operations, Inc. 5/1/2023 Firm thorized Signature DECEMBER28,2010 Date Gabrielle Benigni/President Print or Type Name and Title 339 4�pntY SCE 'L 9 u x �•�P •. _._.;.. Yam' C�ly or suo STATE OF FLORIDA ) COUNTY OF Miami Dade ) ANTI -KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax:(305) 949-3113 ANTI -KICKBACK 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 Beach or its elected officials 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. r By: G Title: Preside"` The foregoing instrument was acknowledged before me this 1st day of May 202 3 by Gabrielle eeniani [name of person], as Presiden90wner [type of authority], for Disaster Program E Operations, Inc. [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: ELIZABETH VALDES C ;Notary Public -State of Florida Commission 8 HH 356226 f= My Commission Expires May 09, 2027 0-valL Notary Public — State of Florida Liz Valdes Print or Type Commissioned Name Personally Known ✓ OR Produced Identification Type of Identification Produced DECEMSER 28, 2010 340 s"ONY rrrF n u s -' CONTRACTOR ANTI -BOYCOTT CERTIFICATION 'D�J• rLOP� t C,l• H4 [PURSUANT TO FLORIDA STATUTE § 215.47251 I, Gabrielle Benigni , on behalf of Disaster Program & Operations, Inc. Print Name Company Name certifies that Disaster Program & Operations, Inc, does not. Company Name 1. Participate in a boycott of Israel; and 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. President Title 511/2023 Date 341 E-Verify 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://www.e-verify.gov/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. Disaster Program & Operations, Inc. Company Name Offeror Signature Gabrielle Benigni Print Name 47�3936181 Federal Employer Identification Number (FEIN) 5/112023 Date President Title Notary Public Information Sworn to and subscribed before me on this this 14 day of Mey 12023. By `A � Gabrielle 6enignt Is personally known to me ❑ Has produced identification (type of identification produced: 1 Signature of Notary Public 1rrrrrE0ZABETH VALDES °t 0Notary Public -State •I Floritia = Commission M HFI 356226 My Commission Expires .5� Ci L-1 'Rae n P Exoirdtidn Date 342 344 O ui W : w O Cw �o CO LL Ui Z ca 0 � 0 WWQ uj ct V O %WV az� W'O ZOO >- oaQ r% O O�-Ltj aQ� C) �OW cr v it Qo W� CA 0uj Z 0 00 =Z � Z WV WQ COW WJ_ Lf. J a a L a� M a o rn _ L _ v�E CD O L O a) 3 O oco E uS CL N U �. U cu cm is � � _ (� a L a) n 1.1 a•+ c > = 0 U a) Rf 6 > � "— cu O c a) CC � � 'co 5 a) CD CL �U^D co CL Z a) O1 o Q O a) U -r cn 0 �' U LL c co ca � cn W o Zj0 o �_ L .2C) Qp Ea U (D U- cU _ �Q0 = o w o-C' cc o ILN 0 w _'' ao� = cn- w R sp a � �C) m 0 = can � m ,m o wCY E _ =Z�a, o ° u.vE � = _ c ��� ai W o �a� d O cn = a ._ a) a > U aD 0 a coi'E o H H 0 L O o 0 :� = O a a) E o W a o o Co ;E '� v � > o Z �C!rj m 2 o.— =o� LO c m U 0 U oU L m rn (6 _ (Cf _ a) C . 0 a� �o E u) C c U3 'cn c m a> _ (D U) a) 06 cu 345 -7190436A.6:25782A/-)Al%' :"-..A+I,•A# '%A+.%#A.&1'I""("%$ SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 2. CONTRACT NO. 3. AWARD/EFFECTIVE ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE DATE Assigned After Award Refer to 31 14. 47QSMD20R0001 17 May 2021 - REFRESH #6 a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ 7. FOR SOLICITATION calls) LOCAL TIME INFORMATION CALL: GSA FAS 3QSAC 9. ISSUED BY CODE 10. THIS ACQUISITON IS 11. DELIVERY FOR 12. DISCOUNT TERMS ❑X FOB DESTINATION UNRESTRICTED ❑SET ASIDE: % FOR UNLESS BLOCK IS MARKED ❑ SMALL BUSINESS X❑ SEE SCHEDULE GSA FAS 3QSAC ❑ HUBZONE SMALL 13a. THIS CONTRACT IS A RATED ❑ 100 S INDEPENDENCE MALL WEST BUSINESS PHILADELPHIA, PA, 19106 ORDER UNDER DPAS (15 CFR 700) ❑ 8(A) 13b. RATING NAICS: SIZE STANDARD: 14. METHOD OF SOLICITATION ❑ RFQ ❑ IFB M RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE ORDERING AGENCY SEE BLOCK 9 17a. CONTRACTOR/ CODE FACILITY OFFEROR 18a. PAYMENT WILL BE MADE BY CODE CODE DISASTER PROGRAM & OPERATIONS, INC. ORDERING AGENCY 404 W PALM DR BLDG 2 STE 100 FLORIDA CITY,FL,330343346 , DUNS Number :088882339 TELEPHONE NO. 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW ❑ OFFER IS CHECKED ❑ SEE ADDENDUM 19, 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Multiple Award Schedule The contract summary associated with this award package is hereby incorporated and made a part of this contract (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212.3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE [J ARE NOT ATTACHED 27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212.4. FAR 52.212-5 IS ATTACHED. ADDENDA I LI ARF I 1 ARE NOT ATTACHED IJ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN N/A LJ 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR [Doau8lgned by: Asfiw S CdVio ff 30b. NAME AND TITLE OF SIGNER Il ype or punri Justin S Corbett AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) (�Docuft ed by: I Sl"w+. G HOU4 1b. NAME OF CONTRACTIP�7-�'P,'I:"�"�"iiyAa yr print) �/27/2021 1c. DATE SIG Sharon L Hair STANDARD FORM 1449 (REV. 4/2002) Prescribed by GSA - FAR (48 CFR) 53.212 346 State of Florida Department of State I certify from the records of this office that DISASTER PROGRAM & OPERATIONS, INC. is a corporation organized under the laws of the State of Florida, filed on May 4, 2015. The document number of this corporation is P15000039932. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on January 7, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of January, 2022 **WVYA-1 Secretary of State Tracking Number: 7850800589CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatusICertificateAuthentication State of Florida Department of State I certify from the records of this office that XACT RECOVERY INC is a corporation organized under the laws of the State of Florida, filed on January 29, 2020, effective January 29, 2020. The document number of this corporation is P20000010610. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on January 7, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of January, 2022 &W)xIVL- Secretary of State Tracking Number: 7985485389CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:Hservices.sunbiz.org/Filings/CertificateOfStatusICertificateAuthentication SOUTH FLORIDA WATER MANAGEMENT DISTRICT '0 1�Y June 27, 2021 Ms. Gabrielle Benigni, President Disaster Program & Operations, Inc. 10033 Sawgrass Dr. W., Suite 121 Ponte Vedra Beach, FL 32082 Dear Ms. Benigni: REGISTERED VENDOR NO.: 121959 CERTIFICATION EXPIRATION DATE June 27, 2024 Congratulations, the South Florida Water Management District (District) has certified your firm as a Small Business Enterprise (SBE). This certification is valid for three (3) years and may only be applied when business is conducted in the following area(s): Environmental and Disaster Consulting Services Your submittal of bids or proposals to supply other products or services outside of the specialty area(s) noted above will not count toward SBE participation. If you require certification in other specialty areas, please contact the Procurement Bureau, SHE Section, for additional information. Renewal is required every three (3) years and should be requested a minimum of 45 days prior to the above expiration date. If any changes occur within your company during the certification period such as ownership, affiliate company status, address, telephone number, licensing status, gross revenue, or any information that relates to your SBE Certification status, you must notify this office in writing immediately. It is imperative that we maintain current information on your company at all times. FAILURE TO REPORT CHANGES MAY RESULT IN DECERTIFICATION. Certification is not a guarantee that your firm will receive work, nor an assurance that your firm will remain in the District's vendor database. We look forward to a mutually beneficial working relationship. Sincerely, Alejandro Quinte Sr. Contract Com liance Specialist Procurement Bureau /aq.did 3301 Gun Club Road, west Palm Beach, Florida 33406 • (561) 686-8800 • 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • wwvzsfty nd.gov 349 ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE (MMMD/YYYY) 8/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 501 Riverside Ave Suite 1000 CONTACT NAME: Cynthia Casanova PHONE 813-367-5601 FAX E. No : so4-634-1302 ADoREss: Cynthia casanova@ajg.com Jacksonville FL 32202 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Admiral Insurance Company 24856 INSURED DISAOPE-01 Disaster Program & Operations, Inc Xact Recovery INSURER B : StarStone National Insurance Company 25496 INsuRERc: Maxum Indemnity Company 26743 INSURERD: Old Dominion Insurance Company 40231 10033 Sawgrass Drive W. Ste. 121 Ponte Vedra FL 32082-2832 INSURER E : Zenith Insurance Company 13269 INSURER F : COVERAGES CERTIFICATE NUMBER: 443194135 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M R TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-K OCCUR 1 TBD 8/19/2022 8/19/2023 EACH OCCURRENCE $1,000,000 D G O PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PROJECT ❑ LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $Included $ D AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B1T6575Z 8/19/2022 8/19/2023 COMBINED SINGLE LIMIT Ea accident $1.000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE TBD 10/312022 8/19/2023 EACHOCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 DED I I RETENTION$ $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Z137927902 8/19/2022 8/19/2023 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 A Consultant Professional Liability Retroactive Date: 8119/2016 TBD 8/19/2022 8/19/2023 OCCIAGG Deductible per claim $1,000,000 $2.500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) L:tK I IFIL:A I t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Coverage AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 350 14:uooal3'1 (Requestoi's Name) (Address) (Address) (City/State2ip/Phone #) 11 PICK-UP WAIT MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer. Office Use Only 11111111111111111111111 i 800271347018 351 CORPORATION SERVICE COMPANY 1201 Hays Street Tallhassee, FL 32301 Phone: 850-558-1500 ACCOUNT NO. I20000000195 REFERENCE U75808 121501A AUTHORIZAT COST LIMIT $ 70.00 ----------------------------------------------------------------- ORDER DATE : May 4, 2015 ORDER TIME : 3:05 PM ORDER NO. 61580E-005 CUSTOMER NO: 121501A ----------------------------------------------------------------- DOMESTIC FILING NAME: DISASTER PROGRAM & OPERATIONS, INC. EFFECTIVE DATE: XX ARTICLES OF INCORPORATION CERTIFICATE OF LIMITED PARTNERSHIP ARTICLES OF ORGANIZATION PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: CERTIFIED COPY XX PLAIN STAMPED COPY -'-�;•. -'' CERTIFICATE OF GOOD STANDING �_� CONTACT PERSON: Lydia Cohen - EXT. 62974 EXAMINER'S INITIALS: 352 ARTICLES OF INCORPORATION of DISASTER PROGRAM & OPERATIONS, INC. (a corporation) Executed by the undersigned for the purposes of forming a Florida Corporation under Chapter 607, Florida Statues (2014): ARTICLE 1. NAME AND ADDRESS The name and address of the corporation is: DISASTER PROGRAM & OPERATIONS, INC. 529 Sunset Drive Ponte Vedra Beach, Florida 32082 U: C' ARTICLE II. DURATION AND COMMENCEMENT This corporation shall exist perpetually and shall commence on the date of execution and acknowledgment of these Articles of Incorporation. ARTICLE III. PURPOSES ' This corporation is organized for the following purposes: 1. To provide disaster consulting and disaster training services. 2. To hire and/or train personnel to carry out these purposes. 3. To rent, lease, purchase and/or own facilities and equipment which are sufficient for the conduct and/or operation of the purposes of the corporation. 4. To transact any and all lawful business for which corporations may be incorporated or organized under the laws of the State of Florida. ARTICLE IV. CAPITAL STOCK This corporation is authorized to issue 1000 shares of Five Dollar ($5.00) per share par value common stock which shall be designated common shares, all of which shall be the same class. 1 353 ARTICLE V. VOTING RIGHTS Except as otherwise provided by law, the entire voting power for the election of Directors and for all other purposes shall be vested exclusively in the holders of the outstanding common shares of this corporation. The holder of each outstanding common share shall be entitled to one (1) vote per share unless otherwise provided in the By -Laws. ARTICLE VI. MANAGEMENT The business of this corporation shall be managed by a Board of Directors chosen by the Shareholders or the Shareholders may elect to have the corporation managed by the Shareholders acting as Directors, in which case the terms shall be used interchangeably herein, pursuant to Chapter 607, Florida Statues (2014). ARTICLE VII. INITIAL REGISTERED AGENT AND OFFICE The street address of the initial Registered Agent of this corporation is 233 E. Bay Street, Ste. 930, .Jacksonville, Florida 32202, and the name of the initial Registered Agent of this corporation at that address is C. HOLT SMITH, III, ESQUIRE,. ARTICLE VIR. INITIAL BOARD OF DIRECTORS This corporation shall have one (1) Director initially, the number of which may be increased or decreased from time to time according to the By -Laws of this corporation, but shall never be less than one (1) Director. The name and address of the initial Director of this corporation is: GABRIELLE BENIGNI 529 Sunset Drive Ponte Vedra Beach, Florida.32082 ARTICLE IX. INCORPORATOR The name and address of the person signing these Articles of Incorporation is: GABRIELLE BENIGNI 529 Sunset Drive Ponte Vedra Beach, Florida 32082 ARTICLE X. AMENDMENT This corporation reserves the right to amend or repeat any provision contained in these Articles of Incorporation, or any amendment to them, and any right conferred upon the Shareholders is subject to this reservation. 2 354 IN WITNESS WHEREOF, the undersigned subscribing Incorporator has hereunto set his hand and seal this � day May 2015 for the purpose of forming this corporation under the laws of the State of Florida. G"RIttUBENIGNI STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared GABRIELLE BENIGNI, who executed the foregoing instrument as Incorporator of DISASTER PROGRAM & OPERATIONS, INC., a corporation named herein, and acknowledged before me that she executed the same as such Incorporator, in the name of and on behalf of the said corporation. She is `iY personally known to me or has Q produced as identification and did (did not) take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, this. day of May 2015. (SEAL) Ap-� vbU-::1MAM Typed/printed name of Notary My Commission Expires: 355 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THE STATE, NAMING AGENT UPON WHOM SERVICE OF PROCESS MAY BE SERVED IN COMPLIANCE WITH SECTION 48.091, FLORIDA STATUTES, TIIE FOLLOWING IS SUBMITTED: First, that DISASTER PROGRAM & OPERATIONS, INC., desiring to organize or qualify under the laws of the State of Florida, with its principal place Df business at the City of Ponte Vedra Beach, State of Florida, has named C. HOLT SMITH, III, ESQUIRE, located at 233 E. Bay Street, Ste. 930, Jacksonville, Florida 32202, as its Agent to accept service of process within Florida. DISASTER PROGRAM & OPERATIONS, INC. By: / GABRIELL {' IIENIGNI, 11Wsident DATED: May L , 20I s HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION, AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I HEREBY AGREE TO ACT IN THIS CAPACITY, AND I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES. DATED: May f 2015 356 Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov1FbrmW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Disaster Program and Operations, Inc. 2 Business name/disregarded entity name, if different from above „ m 3 Check appropriate box for federal tax classification of the person whose name is entered online 1. Check only one of the 4 Exemptions (codes apply only to Mfollowing seven boxes. certain entities, not individuals; see , a o ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trustlestate instructions on page 3): single -member LLC Exempt payee code (if any) z. ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting m = LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from for U.S. code if an ( y) r IL another not the owner federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. V N ❑ Other (see instructions) 0-(Applies to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) Jn 830-13 Al A North #674 6 City, state, and ZIP code Ponte Vedra Beach, FL 32082 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other backup withholding. For individuals, this is generally your social security number (SSN). However, fora _ m — entities, it is your employer identification number (EIN). if you do not have a number, see How to qet a TIN, later. Note: If the account is in more than one name, see the instructions for line 1 Number To Give the Requester for guidelines on whose number to enter. or Also see What Name and I Employer identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Her I Signature q � a� 5/10/2023 Here U.S. personn ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (rIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 357 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "C" Scrutinized Companies Affidavit Disaster Program & Operations, Inc. Page 30 of 31 358 SUNNY /S�� s u s •' _ CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 I, , 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 359 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "D" E-Verify Affidavit Disaster Program & Operations, Inc. Page 31 of 31 360 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://www.e-verify.gov/emplovers/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) WIFTIMM01MIM, 5. u- •� Sworn to and subscribed before me on this this day of 2023. By El Is personally known to me El Has produced identification (type of identification produced: Signature of Notary Public Print or Stamp of Notary Public Expiration Date 361 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT 2 362 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 5 of 7 EXHIBIT 2 This Exhibit 2 is hereby incorporated by reference into the original Agreement, dated June 23, 2023. FEDERAL PROVISION RELATED TO GRANT FUNDS THAT MAY BE USED TO FUND THE SERVICES AND GOODS UNDER THIS CONTRACT AND/OR SOLICITATION' This Agreement is or may become fully or partially Federally Grant funded. To the extent applicable, in accordance with Federal law, City and Contractor shall comply with the clauses as enumerated below. Contractor shall adhere to all grant conditions along with any and all other applicable Federal Laws, including, but not limited to, those set forth below, which are incorporated herein by reference: a. 2 CFR. 25.110 b. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000 c. Executive Orders 12549 and 12689 d. 41 CFR s. 60-1(a) and (d) e. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations These cited regulations are hereby incorporated and made part of this Agreement as if fully set forth herein. As stated above, this list is not all inclusive, any other requirement of law applicable in accordance with the Federal, State or grant requirements are also applicable and hereby incorporated into this Agreement. The provisions in this exhibit are supplemental and in addition to all other provisions within the Agreement. In the event of any conflict between the terms and conditions of this Exhibit and the terms and conditions of the remainder of the Agreement, the conflicting terms and conditions of this Exhibit shall prevail. However, in the event of any conflict between the terms and conditions of this Exhibit and the terms and conditions of any federal grant funding document provided specific to the funds being used to contract services or goods under this Agreement, the conflicting terms and conditions of that document shall prevail. Davis -Bacon Act (40 U.S.C. 44 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5 2 C.F.R. Part 200, Appendix Il, 4 D.). If applicable to this Agreement, the Contractor agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. 3141-3148). 1 Note as of October 2025, the "Simplified Acquisition threshold" is currently set at $350,000.00; the "Micro -purchase threshold" is currently set at $15,000.00 —these amounts are subject to change. It is the responsibility of the Contractor to ensure it is aware of the correct thresholds are the time of a procurement submittal and contract. 363 Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination. (1) Minimum wages — (i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis - Bacon Act (40 U.S.C. 3 141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and the Davis -Bacon poster (VM-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Frequently recurring classifications (A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3 , wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that: (1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (2) The classification is used in the area by the construction industry; and 2 364 (3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. (iii) Conformance. (A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is used in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformancegdol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAcon ormance cgdol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1) iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 365 (iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (vi) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding (i) Withholding requirements. The Federal agency or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the [Agency] may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) orb 3 i of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; 11 366 (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (3) Records and certified payrolls — (i) Basic record requirements — (A) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (B) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. (ii) Certified payroll requirements — (A) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts -covered work is performed, certified payrolls to the appropriate Federal agency if the agency is a parry to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid 367 electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (B) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph (a)(3)(i)(13) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHDIlegaacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records). (C) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (1) That the certified payroll for the payroll period contains the information required to be provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under paragraph (a)(3)(i) of this section, and such information and records are correct and complete; (2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (D) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(C) of this section. (E) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. 0 368 (G) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (iii) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (iv) Required disclosures and access — (A) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs (a)(3)(i) through iii of this section, and any other documents that the Agency or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 5.1, available for inspection, copying, or transcription by authorized representatives of the Agency or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (B) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WED requests that the records be -produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the Federal Agency if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a parry to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the Federal Agency, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. (4) Apprentices and equal employment opportunity VA 369 (i) Apprentices (A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs (a)(1) through LUI of this section, along with the applicable wage determination(s) and such other clauses or contract modifications as the Federal agency may by 370 appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR ap rts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 5& 12(a). (iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. (11) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or (iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. 371 Compliance with the Copeland Anti -Kickback Act (40 U.S.C. & 3145 as supplemented by 29 CFR Part 3): If applicable to this Agreement, Contractor shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR Part 3 which are incorporated by reference to this Agreement. Contractors are prohibited from inducing by any means any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. Contractor The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEDERAL may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as supplemented by 29 CFR Part 5). If applicable per the standard described above, the recipient or subrecipient must include the provisions at 29 C.F.R. § 5.5(b)(1)-(5), verbatim, into all applicable contracts. All applicable contractors must include these provisions, in full, into any subcontracts. In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(5), the recipient or subrecipient must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c) in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1). (3) Withholding for unpaid wages and liquidated damages— (i) Withholding Process. The recipient or subrecipient may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold 10 372 or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the Contract Provisions Guide 14 contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain,,coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; 11 373 (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part. Clean Air Act (42 U.S.C. 7401-7671(j.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Clear Air Act. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the recipient or subrecipient and understands and agrees that the recipient or subrecipient will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Government. Federal Water Pollution Control Act. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the (name of the recipient or subrecipient entering the contract) and understands and agrees that the (name of the recipient or subrecipient entering into the contract) will, in turn, report each violation as required to assure notification to the (name of the pass -through entity, if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Government. Debarment and Suspension: This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by the recipient or subrecipient. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the recipient or subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract 12 374 that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352): Contractor must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal agency. Procurement of Recovered Materials. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at. https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-pro ramc. The Contractor also agrees to comply with all other applicable requirements of Section 6002.of the Solid Waste Disposal Act. Prohibition on Contracting for Covered Telecommunications Equipment or Services (2 CFR 200.216). (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEDERAL Policy, Prohibitions on Expending FEDERAL Award Funds for Covered Telecommunications Equipment or Services, as used in this clause— (b) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: 13 375 i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1) This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or - otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: i. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. 1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: 14 376 i. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. Domestic Preferences for Procurements (2 CFR � 200.322): The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Build America, Buy America Act (Public Law 117-58, 29 U.S.C. & 50101. Executive Order 14005): Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to recipient or subrecipient with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEDERAL. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEDERAL, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEDERAL. Access to Records: The Contractor agrees to make available to the recipient or subrecipient, the FEDERAL Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 15 377 The Contractor agrees to provide the FEDERAL Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the recipient or subrecipient and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEDERAL Administrator or the Comptroller General of the United States. Federal Agency Seals, Logo and Flags: The Contractor shall not use any Federal Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without specific federal agency pre -approval. Compliance with Federal Law, Regulations and Executive Orders: This is an acknowledgement that Federal financial assistance will or may be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, Federal policies, procedures, and directives. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the recipient or subrecipient, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Copyright: License and Delivery of Works Subject to Copyright. The Contractor grants to the recipient or subrecipient, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the (insert name of the recipient or subrecipient) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the recipient or subrecipient data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the recipient or subrecipient. Build America, Buv America Act Certification The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and 16 378 construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the Services under the Agreement that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with Federal financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The (insert name of contractor or subcontractor), certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the (insert name of contractor or subcontractor) understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any." Byrd Anti -Lobbying Certification APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING. Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17 379 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. 18 380 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT 3 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 6 of 7 381 O� SUN NY `-- CONTRACTOR ANTI -BOYCOTT CERTIFICATION S'f iD9> • P [PURSUANT TO FLORIDA STATUTE § 287.135] I, Gabrielle Benigni , on behalf of Disaster Program & Operations, ,Inc. Print Name Company Name certifies that Disaster Program & Operations, Inc. does not: Company Name 1. Participate in a boycott of Israel; and 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 Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Si ature President Title 5/26/26 Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT 4 383 DISASTER PROGRAM & OPERATIONS, INC. — FIRST AMENDMENT Page 7 of 7 x;- pC rPLOLt Vb rTk 4F SVN t.� pity of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Genesis Cuevas, Procurement Director DATE: May 14, 2026 RE: Approval of a First Amendment to the Agreement with Disaster Program and Operations, Inc. for Disaster Debris Monitoring Services & Financial Recovery Assistance RECOMMENDATION: Staff presents this item for Commission consideration REASONS: The City of Sunny Isles Beach released a Request for Proposals seeking qualified, experienced and licensed firm(s) to provide Disaster Debris Monitoring Services and Financial Recovery Assistance for FEMA, or other Federal Agency financial recovery programs. Such declared emergencies, include but is not limited to, hurricanes, tornadoes, windstorms, floods, and fires or manmade disaster(s) such as civil unrest and terrorist attacks. There is no guarantee that a Notice to Proceed (NTP) will be issued under the awarded agreement- NTP's will only be executed in the event of a declared emergency. The Consultant shall have a profound understanding of the documentation involved for the reimbursement from FEMA, or other Federal Agencies, and the State relief programs to make the process of cost recovery efficient and accurate. On May 16, 2023, the City Clerk's office received one (1) proposal in response to the RFP, Disaster Program & Operations. The Evaluation Committee, composed of three city staff members was appointed by the City Manager. The evaluation committee met in a publicly advertised sunshine meeting on May 25, 2023 to review and determine whether to award or reject the proposal based on the criteria set forth in the RFP. Item Number: 9.D 247 Based on the criteria on page 29 of the RFP, the committee evaluated and deemed that Disaster Program & Operations was qualified for recommendation of award. Following the 2023 Resolution #2023-3515, the awarded contract is set to expire on June 22, 2026. The contract includes one (1) available two-year renewal option. Through this agenda item, staff is presenting the two-year renewal for your consideration. All pricing, terms, and conditions of the original contracts will remain in effect for the renewal period through June 23, 2028. ADDITIONAL INFORMATION: Pursuant to the Code of Ordinance § 62-6(d), all purchases of and contracts for equipment, supplies and contractual services, when the estimated cost shall exceed $50,000.00 shall be based on competitive bids. A complete copy of the contract file, including all exhibits and attachments, is on file with the Office of the City Clerk and is available upon request. FUNDING SOURCE: Upon declaration of a state of emergency by either the County, State, or Federal government, all costs associated with this contract will be reimbursed to the City, if approved by the Federal agency. Per FEMA, eligible costs are expenses tied directly to eligible work, and must be adequately documented, authorized, necessary and reasonable. Eligible costs include labor, equipment, materials, contract work, and management costs. ATTACHMENTS: Resolution First Amendment - Disaster Program & Operations, Inc. Item Number: 9.11) 248