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Reso 2018-2824
RESOLUTION NO. 2018 - 256 " A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL ("RFP") NO. 18-04-03 TO, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH A PRIMARY BIDDER AND SECONDARY BIDDER AND ENTER INTO AN AGREEMENT WITH DISASTER PROGRAM & OPERATIONS, INC. AND TIDAL BASIN TO PROVIDE DISASTER DEBRIS MONITORING SERVICES, PROVIDED SAID AGREEMENTS ARE FIRST APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a consultant to provide disaster debris monitoring services in the event of an emergency; and WHEREAS, the City issued and advertised RFP No. 18-04-03 for Disaster Debris Monitoring Services and received two (2) responses, and both Disaster Program & Operations, Inc. and Tidal Basin represented to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with the services specified in the RFP; and WHEREAS, the City Commission wishes to award RFP No. 18-04-03 to, and authorize the City Manager to negotiate with a Primary Bidder and Secondary Bidder and enter into an Agreement with Disaster Program & Operations, Inc. and Tidal Basin to provide disaster debris monitoring services, provided said Agreements are first approved as to form and legal sufficiency by the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of RFP No. 18-04-03 and Authorization of City Manager. The City Commission hereby awards RFP No. 18-04-03 to, and authorize the City Manager to negotiate with a Primary Bidder and Secondary Bidder and enter into an Agreement with Disaster Program & Operations, Inc. and Tidal Basin to provide disaster debris monitoring services, provided said Agreements are first approved as to form and legal sufficiency by the City Attorney. The City Commission authorizes the City Manager to reject all bids if negotiation fails. Section 2. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become ecti e upon adoption. PASSED AND ADOPTED this 17' day of ,ay 2018. Geor• H. Scholl, Mayor R2018-Awd Debris Monitoring RFP 18-04-03 Page 1 of 2 f 1 I ��` \ATTEST: a • / ,I ff' v P ' 'Maui icio Betsn&.r'�C C. City Clerk 6,; , r Va 3 APPROVED...AS TO FORM AND LE . : J Fil CIENCY: 104 —0. or "an; Ottinot, City Attorney Moved by: COIIIYUI,ISCLoNtvp.-- 44111-c) Seconded by: vl� ( Pig— aOl-bM ' Vote: Mayor Scholl I (Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion I (Yes) (No) Commissioner Gatto I(Yes) (No) Commissioner Svechin ✓ (Yes) (No) R2018-Awd Debris Monitoring RFP 18-04-03 Page 2 of 2 • 5/22/2018 Coversheet SUNNY i?- jkr� City of Sunny Isles Beach 18070 Collins Avenue _ 1 Sunny Isles Beach, Florida 33160 i •,�a oP�E (305)947-0606 City Hall ' •s Lo ,o (305)9493113 Fax O. 5Vµ MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson,Assistant City Manager DATE: 5/17/2018 Authorizing the City Manager to Negotiate and Enter RE: Into An Agreement for Disaster Debris Monitoring Services RECOMMENDATION: This item is presented for your consideration. REASONS: The City of Sunny Isles Beach issued Request For Proposal No. 18- 04-03, Disaster Debris Monitoring Services for the purpose,of securing a qualified company to assist the City to coordinate and document debris recovery operations in the event of a disaster. Based upon our experience with Hurricane Irma, it is the City's intent to contract with a primary and a secondary provider to ensure coverage. The City received two proposals and intend to enter into an agreement with both, one as primary and one as secondary. The two contractors to negotiate and enter into an agreement with are: Disaster Program & Operations, Inc. and Tidal Basin Government Consulting, LLC. ADDITIONAL INFORMATION: Both agreements will be based on services rendered only and expenses related to these agreements will be eligible for reimbursement from FEMA in the event of a declared state of emergency. FUNDING SOURCE: The City maintains a reserve account for emergencies that would be available in the event of activation of these services. ATTACHMENTS: Description Resolution (Added 5/19/18). Item Number:10.J. https://sunnyisles.novusagenda.com/agendapublic//CoverSheet.aspx?ItemID=23648MeetinglD=137 1/1 k r- SUNNY,s4, J AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH •'' w AND DISASTER PROGRAM & OPERATIONS, INC. • 1F,"�'Flpo' ""'.°,. CONTRACT NO. 6835-095 THIS CONTRA '1 JAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, thisPJ _ une 28 day of, 2018, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "Cit);"), and DISASTER PROGRAM & OPERATIONS, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is 47-3936181. RECITALS WHEREAS, in response to the City's Request for Proposal (RFP) No. 18-04-03, and Resolution No. 2018-2824, a primary Consultant was selected for emergency debris monitoring and financial recovery assistance for the City ("Services"); and WHEREAS, Consultant has expressed the ability and desire to provide these Services, as more particularly described in Attachment "A", a copy of whichis attached hereto; and WHEREAS, the total amount to be paid for the Services is on a unit price basis in accordance with the Fee Schedule, as more particularly described in Attachment"A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. In addition, the following documents are hereby incorporated by reference and made part of this Agreement: iin Specification and Proposal Documents prepared by the City for Disaster Debris Monitoring Services & Financial Recovery Assistance, RFP No. 18-04-03. ii Response to RFP No. 18-04-03, prepared by Consultant, a copy of which is attached hereto as Attachment "A" and incorporated herein by reference. All Exhibits are collectively referred to as the "Contract Documents". 1.2. SERVICES. Consultant shall provide Disaster Debris Monitoring Services & Financial Recovery Assistance as the primary Consultant for services pursuant to the terms and conditions set forth in the Request for Proposal 18-04-03 and Attachment "A". Consultant shall perform the Services under the general direction of the City and shall furnish all labor, materials, supplies, equipment, supervision and services necessary for and incident to the performance of the Services, except as otherwise noted in the specifications. By signing this Agreement, the Consultant represents that it thoroughly reviewed the Contract Documents incorporated into this Agreement and that it accepts the Services and the conditions under which the Services are to be performed. 1.3. QUALIFICATIONS. Consultant and the individual executing this Agreement on behalf of the Consultant warrant to the City that the Consultant is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that the 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant possesses all of the required licenses and certificates of competency required by the State of Florida and Miami-Dade County to perform the Services herein described. 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agree'ment shall commence upon execution of this Agreement by both parties and shall be for an initial term of three (3) years with the option to renew the contract for one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement shall commence upon the issuance of Notice to Proceed from the City Manager or designee. 1.5. COMPENSATION. Consultant acknowledges that this is a contingent services contract and that no payments will be made or due from the City unless Consultant is specifically engaged by the City for a specific emergency. All payments to be made hereunder shall be paid in accordance with the Fee Schedule contained in Consultant's Response to Request for Proposal 18-04-03, attached hereto as Attachment"A" and incorporated herein by reference. All invoices and payments shall be for Services completed pursuant to this Agreement after submission of invoices to the City. All invoices shall be submitted in accordance with Request for Proposal 18- 04-03. The City will pay properly submitted invoices within thirty (30) days of receipt, for completed and accepted Services, unless the City notifies the Consultant in writing of the dispute, before the payment is due. Invoice format and documentation should be acceptable for FEMA reimbursement. 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. The Consultant should submit regular invoices for no more than 30-day periods. Invoices will be subject to verification and approval by the department requesting the service. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. The 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. There are no reimbursable expenses associated with this Agreement. 1.6. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Consultant must provide sufficient equipment and labor, based on the magnitude of the disaster and information from damage assessments, necessary to meet the City's timelines as follows: 1) monitoring the primary rights-of-way within 24 hours of receiving the task order; 2) monitoring that the removal of debris is started within 48 hours of receiving the task order; and 3)monitoring that removal of debris must be underway in all zones within 70 hours. 1.7. 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 Consultant 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 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 2 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performing its duties 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 under this Agreement. 1_8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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 shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 1.9. 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 coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. O Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 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 shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a 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. Consultant shall also require and ensure that each of its sub- 6835-095 DISASTER PROGRAMS&OPERATIONS,INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultants 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. 1.10. TERMINATION AND REMEDIES FOR BREACH. A. The Consultant agrees that the upon receipt of the Notice to Proceed (NTP) from the City Manager or designee, the primary Consultant will have twelve (12) hours to contact the City in response to the NTP and twenty-four (24) hours to substantially mobilize or begin performance under the terms of this Agreement. The City reserves the right to pursue secondary Consultant for Services if primary Consultant either fails to mobilize or begin performance under the terms of this Agreement. 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. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10)days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. LU In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten(10)days written notice. In the event of such a termination without cause, the Consultant shall be compensated for all services performed to the City's satisfaction and prior to termination. 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 portion of the Contract, shall refrain from placing further orders and/or contracting with subConsultants, and shall complete any continued portions of the work. The terms of Paragraph 1.1 1A(i) and 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 voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 1.12. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, 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. 1.13. 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 shallbe 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 court, 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 and the City is the prevailing party then 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. 1.14. 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 facsimile 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 party as follows: 6835-095 DISASTER PROGRAMS&OPERATIONS,INC. 5 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: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney - 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Gabrielle Benigni Consultant: President Disaster Program & Operations, Inc. 10033 Sawgrass Dr. W Ste 121 Pointe Verde Beach, Florida 32082 Tel: (561) 436-3383 gbenigni@dpando.com 1.15. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public-Records Law: (i) Consultant shall keep and maintain public records required by the City to perform the service. (ii) 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. (iii)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. (iv) Consultant shall, upon completion of the contract, 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 contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract,the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided 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 CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 411' Floor, Sunny Isles Beach, Florida 33160. L16. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT SET FORTH IN 29 C.F.R. 5.5(b). The Consultant is required to comply with the following if this Agreement exceeds $100,000: (1) Overtime requirements.No Consultant or subConsultant contracting for any part of this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subConsultant responsible therefor shall be liable for the unpaid wages.In addition,such Consultant and subConsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subConsultant under any such Agreement or any other Federal Agreement with the same prime Consultant, or any other federally-assisted Agreement subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subConsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Consultant or subConsultant shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subConsultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subConsultant or lower tier subConsultant with the clauses set forth in paragraphs (1) through (4) of this section." 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax L17. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT (1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement. (2) Subcontracts. The Consultant or subConsultant shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subConsultants to include these clauses in any lower tier subcontracts.The prime Consultant shall be responsible for the compliance by any subConsultant or lower tier subConsultant with all of these contract clauses. (3) Breach. A breach of the above clauses in this Agreement may be grounds for termination of the Agreement, and for debarment as a Consultant and subConsultant as provided in 29 C.F.R. § 5.12. 1.18. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT. Agreements in excess of$150,000 shall agree to comply with all applicable standards, orders 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). A. Clean Air Act (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Consultant agrees to report each violation to the City and understands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency 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 provided by FEMA. B. Federal Water Pollution Control Act (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (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 notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (3) The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. • 1.19. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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 identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of 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 to be provided 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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement 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 Agreement 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 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Consultant will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through(7) in every subcontractor 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 subConsultant 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 subConsultant 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. 1.20. SUSPENSION AND DEBARMENT. During the performance of this Agreement, the Consultant agrees as follows: (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of Sunny Isles Beach. 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 City of Sunny Isles Beach, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 1.21. BYRD ANTI-LOBBYING AMENDMENT. Consultants who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax § 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. 1.22. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: (1) competitively within a timeframe providing for compliance with the Agreement performance schedule; (2) meeting Agreement performance requirements; or(3) at a reasonable price. 1.23. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 1.24. NON-DISCRIMINATION. 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 insure 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 to be provided by the City 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. L25. 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, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest,directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Consultant further covenants 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 offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.26. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Consultant agrees to indemnify and hold-harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Consultant or persons employed or utilized by the Consultant in performance of Services under this Agreement. Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action,demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs,and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason ofany such claim, cause of action or demand, Consultant shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 1.27. ACCESS TO RECORDS. The following access to records requirements apply to this contract: (1) The Consultant agrees to provide Florida Division of Emergency Management, The City of Sunny Isles Beach, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.28. DHS SEAL, LOGO, AND FLAGS. The Consultant shall not use the DHS seal(s), - logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 1.29. 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. 1.30. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 1.31. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. 132. 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, Consultant, or any other party pertaining to any matter resulting from the contract. 1.33. CONFLICTING PROVISIONS. In the event of a conflict between the Contract Documents or any ambiguity or missing specifications or instructions contained in this Agreement, Request for Proposal 18-04-03, and Consultant's Response to Request for Proposal 18-04-03, the following priority is established: i. This Agreement ii. The terms and conditions of Request for Proposal 18-04-03. iii. Consultant's Response to Request for Proposal 18-04-03, attached hereto as Attachment"A". 1.34. 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. 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. [Remainder of page intentionally left blank] 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: DISASTER PROGRAM & OPERATIONS, INC. Signature Gabrielle Benigni, President Hashath Morales Print Name • ATTES I• CITY OF SUNNY ISLES BEACH a B Y: Li I-JIr B Y:• y� Mauhici• Betatcur, CMC, City Clerk Christop er J. usso, City Manager ,f1,ry it ✓ i1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1. A BY: BY: //11'1 Department Head r •ttinot, City Attorney 6835-095 DISASTER PROGRAMS&OPERATIONS. INC. 15 SECTION 9. BID SUBMITTAL FORMS Acknowledgement of Addenda Bid Submittal Form Qualification Statement Certificates/licenses!:eeistrations References Addendum I Financial Statements • Disaster Program & Operations, Inc. Request for Proposals Disaster Debris Monitoring No. 18-04-03 83 � 2• .r. "'^g " t• -° -� n '' • '. CITY SUNNY BEACH f �. • _rj1,.. ''s"l•w sr.-y ti' ` 80701C011ins Averiuei + •S'.;, --..':5"S•1f-•.r i rr41 c - ,,, r' 5° `EJ y : y � 3��� �Sunn -Isles Beoch Florida 3 160 Y- ; a 1'mV '' aY b l _ _- MM/W. •51611$f V' Oar �1 ', ,top' 'S4. C,,' OiS4P�O u: DELIVER TO: REQUEST FOR PROPOSAL City of Sunny Isles Beach SECTION 6 OPENING: City Clerk BID SUBMITTAL FORMS 18070 Collins Avenue Thursday, May 10, 2018 2:30 PM 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: Purchasing Agent Date Issued: This Bid Submittal Consists of Genesis Cuevas 04/25/2018 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 18-04-03 Disaster Debris Monitoring Services& Financial Recovery Assistance Procurement Agent: Firm Name: Genesis Cuevas ?rr0 rayl £ Opri ctl-ionS , INC. L�1.'Sa S�f_Y Commodity Code[s): b`g _c t Cq— S 1 : ci ur ctrl ��SaA-Cyt C-C C-I OOd, Wk`nick( (4 OV-t— 9q0 -'(00s MAS {o-i' -ge.rAi►cgs, b sCtSte' debris T i RETURN ONE ELECTRONIC COPY(FLASHDRIVE OR CD)ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 43 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE • City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 ZJO =: •t `.. .'..-.:-w.a t-..-...-.--V At >-"----v=;.-,,,- - -_- ',...._r,- *-'.-.• xl. 4,.. :::,:: •s ,; lb - r 0. F., r fs `' ice ¢ a r f1 L ` i:: `�I .- -...' Zt`{'� •b.•Z•' k"'a yp�� ' �tS F j 61TYOFSUNNY Itt&-S BEACH `".•, ` � 4- r r-Y i Y- "x..z. r .,!;',3C -,., aE wlgy .I. _.y. Yr-7 r�Z[ .am . f vtv :K ' ' .. *;�:, �,, 1'8070 Collins Aveiue �� �; : :' :: 5 ft f` .r' -11 K �` fir- F rC+-t `"funny Isle_s Bects Floriclo 3,3,1::1504,.?'-3,,.s.: :,:::.^..,2-y ° SV""Y este +� - ,- I��r� '� t . r 305:947.:06.06 .1; . ,° ', "F\ .,, R..,%-4.-_.:Crit.-,. {, 0.. �,± rt i`�+'� a T� `,f�,- . :C`\ _ .+5a, r:�•;t§ "?Sr. w W_slbll e.'$' ^v- ,- r ,.0 r .yF ', F...00 ,,4. O C14.OPSIP'Pa_ BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: UST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID �,, Addendum #1, Dated trT° Pr 1 609 y i 1 21, ZOL Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID 1 FIRM NAME: l)i SaS4-U' Wo ri.- c Cra.4-icnS , m •/ DAT7 /40. 1'AUTHORIZED SIGNATURE: 'i ��%r TITLE OF OFFICER: r t'CS I fU.A4- City of Sunny Isles Beach !Request for Proposals Disaster Debris Monitoring No. 18-04-03 aa: °"`'4'Y'--'->;•4' '`''= 1 I , I '7 - X 5 Y t. r. r w--: +�F c�-4Zjr'i. „ . ' , w � # 48070 Collins Avenue r / .le" h' >. ° " Yh y� 4 F� ;Sunnlsles Beoeh Flor'da 33460 su"" 'sq. �� $ 4 g x ti K f 305.:947 060 ?" .�' ° \°m r y sem'' i t •_ f E .: wwW.sibfl:net 'c • • ,y �• ri°PO 4- - of SUNP� 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. City of Sunny Isles Beach Request for Proposals Disaster Debris Monitoring No. 18-04-03 C3'. • _ f �-� ,��, �,:_ �3 _ �� .,, lT �,� .�f- ' `�;; rCITY-:OF SUNNY ISIES BE�ACH,�•� , sr , § � �, '�i, .„ .`40*• - _ ( c '.,v. .v s-3`ie s ` '7.-j" 1807 Collinis Averse y. - •}moi. -- ,7 -. - Aft,. , µNY� �_,•. a 44 ,• i.4 Sunny Isles Beoc hr Florida 33-60 5� tie; a ,,s: t �.I fcc ir? `AFV2',�P1 e ,`< . sem � 305.,947 0606 4, Y; •As'. 0` -\F g.>�»k„ ! „..,,::: :..;.-.;"....e r+ w s: T-r c, � WV/W.sipronet rr44 •- i i•S, '•r i O ap' 4' O ()fir Of SuO Pa Firm Name: 1I Sash' r rar ¶ 0Perc_4'cns , £mc,. 100 SGtv;c�ras s -Dr . W i i+e_ k21 Street Address: n Ve_dra. 6 ea.ch t L 3 2 o S-2 Mailing Address (if different): Telephone No(55(61) 13(0 — 33 8 3 Fax No. Email Address: 910e,N1Y1 @ dpcldo.cc r FEIN No.4/1.-__/3/9_/ _/_(2/1_/8 1 • *By signing this document the Proposer agrees to all Terms& Condition Signature: / ,7--e--%__(Signature of authorized agent) Print Name: Qgbr t f tie xii gVII Title: PreicLLn+ 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. City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 /33-7,-'''...,::::.,-.:i-- 5-.;=7,...,-.---.: {,. }' te,. t r •� + 'Sr 'S.Z + `�- 'A� • Y ( _.-..'*` d. , . ;f•,' ,+f� 3i' [ 3. ¢"` i � -. �:art 'r,lgF4 i-i�'S 3 ..�# .r•4 t .. .t -+r. � 8 � CITY OF-SUNNY ISLES * ''C. mks- x ti 18070•CaIIFns Avenue r ti fy '� `r + '. F-F't 'ik' ♦ -3 a rrt.'b- �a speer "Y >a ',z " h ' ' �s 4tiSun ty.!1SIes Beealych Florida:3316,0,L . , � , , sem" ''<F� .44):�<' ,t�� tib, `305 947 0606 �, F 7t r �. 4,2!‘"0.4;?'". 4 .. '' '`.ti,p F' c.c 4' , 'T ' '� -'✓try '> '• • ,, 2 WW.W SIoptimal 'y 7 •K.; u - �. Cr,),OF SUS P� , Section 7 QUALIFICATION STATEMENT Check one: Submitted By: t$Q X �roGrc 4�(�e,YGi-}�c�Tt.C,XC Corporation Name: Cic,60r Le_ Bexr ic3n i ❑ Partnership Address: Ioob3 Sayucfa,6S Or. W, Su 4e 121 ❑ Individual City, State, Zip 2, vera. Beca,int 4(, 32Ogz ❑ Other Telephone No. (5tot ) 436 — 3 3.3•-• 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. ePf-r6 e S-ee a4 thCir+; fes' ca-ksS 4/\ 5 s hch ; . 4`s Form . (Abele_e . as t L ` or 9 tv -Ones 'AFP 2. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No., 3. State the names, telephone numbers and last known addresses of three (3) references with the most knowledge of work which you have performed and to which you refer (indicate government references if applicable). City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 i -" •� , s =.15,411411_ d UN'NrYlxIS y� .+ CIY 80Cins .�+ c '�'qt -.•..wy 1'1' -- I �'.t .-Y�R s f1� ! ry • +�' t1 +At `Cl .5r hFld SUNr .la -1101,417V' 6o '-u4 3OS :7 0606 - ^ OrJ'=. EJ4 W21' tbi net ' s f c_ '•t`eo 5� C'n'OF SUS Pa - - pv-cts. mac. Srer or) eerces Mac � 1n`mac s 1 f L-Cx ct a. c4.1-QS '! V I 1 \et_ fac4cc \. 4. State the name of the individual who will have personal supervision of the work: �-� cdovi ell ;, n; , lea 4 It<_tn �1c cr1 c u etc _e� � �`Z v d.t 5. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: N /Pt . CiOttOY 'itttf eh; h; Uwrws 1001. C4- - • (1 Corn pa' 1 . 6. State the name of Surety Company which will be providing the bond, and name and address of agent: N ' ► • .� 7. Attach a financial statement including Consultant's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 4g r•4 r " ' -�' • -ic ` }3 <CITSID S-UNNY6ISI•ES BEACH • `;` '°+�•ry¢p; �; y - .. ,. rt.--,. ., A ,,'`s� �l 8070 CollnsAvenue - ,. r: i . _*,. L .'•'"1� a i`' S ��r, � ����y'�S�'' . Y�t f f �w-a. ••� '`' -. 'f 71.�'�al` iy� '� �:-ST`Y.� "J N N Y�t .4.,,- f. L 5ni� illi-4-•Z -.-, , Sunnylsles Beoc!.):4101!:400:41:59:'. •,t ,5 ` ., .+K ;. _�))�� .,. a rcr,y�{,,. r- s: .vF. �J , LU -> o a '" ': '+ Q ft i W 1 4-4,k t .fg E`•-'214 `S tf•i�1_• i...S;-. _�FaJO ObOr Op� . f*i l ; _ z�•'`j1 -��` x t z. ? w r"- :Lt ftf,' : j •-: •-.r•WWVI.SIb`linet, ' ~ - --c> , ... f',D 4. � i• rl0°� 54 C,,y OF SUN P'aO d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). 8. State the name of the firm preparing the financial statement and date thereof: I '4\ocit \-- ) - OcrsVi l C-? 01/4- 9-44-CfrifAn-k-Ictie: ti\koraci V, 2A9 11. Litigation/Judgements/Settlements/Debarments/Suspensions - Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from bidding -or proposing on a procurement project by any government entity during the last five (5) years. N ti . NO 1_,k -x-15 a Gn ‘ree3 ci ivy �{'(,t L 5 Se/nit CAS +tite- e 11n. City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 :' K, �,,;,<:. I I I 1 QTTaCK[ C NT Q e PRECI PROPOSAL 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 costs, 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 # • POSmON I HOURLY RATE 1.1. Project Manager $142.00 1 2. 1 Field Supervisor $ 95.00 1.3. Field Monitor q 43.00 1.4. TDMS Monitor $43.00 1.5. Debris Site Security $65.00 1.6. GIS Specialist $65.00 1 7. Data Entry $35.00 i 8. Data Manager $85.00 1.9. FEMA Reimbursement Manager $110.00 Aerial Photo Package(5 Photos per Flight, $500.00 1.10 different locations) Photograph Copies(Duplicate of Original $35.00 1.11 Approved Photo) Additional Photographs(per photo,same flight, $75.00 1.12 same location,different view) Additional location(one photo,same flight, $ 125.00 1.13 different location) Authorized Signatory: 24. 4.6P/72---`-e •Executed by: City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 48 `' SUNNY is,, moo' ,.> ,,t-",". .. .4, =• NON - COLLUSION AFFIDAVIT 1`- City of Sunny Isles Beach .. . 018070•, `�1`v" Collins Avenue '' 9''• F...{.oa'o +`� Sunny Isles Beach,FL 33160 c",c. svo'''- Telephone:(305)947-0606 Fax:(305)949-3113 STATE OF FLORIDA ) COUNTY OF The undersigned being first duly sworn 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 RFP. The undersigned is authorized to make this Affidavit on behalf of, icoLS-1-eAr Proof r is wr �vi--e'o .eS, G (Name of Corporation,Partnership, I rvidual,etc.) a, S BC) . ,formed under the laws of ,�W\�C( (Type vo�- smnesgs),, (State) of which he is i Cy ,��.-M\4 (Sole Owner,Partner,President,etc.) Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have ® themselves solicited or employed anyone else to solicit favorable action for this RFP 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 RFP is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham RFP, 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 RFP or RFPs described above true; and further, neither the undersigned, nor the person, firm or corporation named above has directly or indirectly submitted said RFP or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. C- ct',rI'e.lLe 4v -. -P 't -f,- .. . AFFIANT'S NAME AFFIANT'S TITLE TAKEN,SWORN AND SU CRIBED TO BEFORE ME this day of ,2018. Personally Known or Produced Identification - , Type of identification . (Affix seal here) \\ 4 0o fy n kej N•TA..Y PUBL•C name printed or typed)Y 49�,�q HASHATH MORALES Jp MY COMMISSION#FF977061 %��711 EXPIRES:Mmrh 30,2020 or • 1 of 10 SUNNYo 'SSP PUBLIC ENTITY CRIMES 4111 • . City of Sunny Isles Beach 1`- 18070 Collins Avenue SF D''•F L O PSG +`' Sunny Isles Beach,FL 33160 cs'1.,o; t�N 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 foiiowing 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. 1. This sworn statement is submittednto City of Sunny Isles Beach • by for 1€,1 1-c 0X11 U n l t ?reS I [print individual's name and title) U /� ® for DtSCLS�-e v Prodrery 4 0xcl4-1 cr'S . c.[print name of entity submitting statement) t whose business address is: (0033 ,c ugrctSs . vv , &�it4--e 121 Po* V'-e.th c . Bead., 32012 and (if applicable) its Federal Employer Identification number(FEIN) is 411 - 31 36 1 g1 . (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: .) • 2. I•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. 3. I 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. 4. I 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 2 of 10 - 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. ® 5. I 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. 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 sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any - - affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 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 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 TH ORMATION CONTAINED IN THIS FORM. By: , (... (Signature) • 7--t- 6,5.66 tt Genioyn (Pr ted Name) 1resicit-4Ai k (Title) Sworn to and subscribed before me this /0 day of A ril/ , 20/c2, by (AFFIX NOTARY STAMP HERE) e"% HASHATH MORALES . to ture:= No �A Public State of !odd. _,,k..-:5:::, MY COMMISSION H FF977061 #.4.k P��j ; , R e� �„, EXPIRES: P;:Nil=� o ission-d Name 0 Personally Known OR Produced Identification Type of Identification Produced 3 of 10 SJ.INY/SEt EQUAL OPPORTUNITY • • • AFFIRMATIVE ACTION sf 9 ., City of Sunny Isles Beach c,„,o, ,os 18070 Collins Avenue Sunny Isles Beach,FL 33160 Telephone:(305)947-0606 Fax:(305)949-3113 • EQUAL OPPORTUNITY/AFFIRMATWE ACTIION 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: . j Title: (Q%••rs c,sta-v\ Firm: DiSa Skit WO YQM k QPC -+40a' , Ir�c Address: 1003 3 S cal.A3 carca_ss 'fir. J , 5u -k 121 all 'Pci4C. v cfra- , 4 32°er. 40 4 of 10 I I SJNNy,s, _ CONFLICT OF INTEREST A F !-0 3 City of Sunny Isles Beach 'T1'--:.14:1---&'--..- I. 18070 Collins Avenue Sunny Isles each,FL 33160 •/'9+ Q`or SST Telephone:(305)947-0606 Fax:(305)949-3113 s FLO . c'','ci' sus ''s 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 a //��__ � COUNTY OF hA'CM' tctc a., t lirtil . BEFORE,ME,the undersigned authority,personaliy appeared GiQbri d� Q;ze,r,.9fl , who was duly sworn,deposes,� and states: .�� 1. I am the ?rtSithy\f of DISQ$-hex ProgrCM O�r44i4'1S nth vTiith a local office in 1o4 W '2.1511 or, ctt,�n'Gf4 C I VL. Y.303°4and principal office in 10023 SS2.► ffr-ca S' Tr. IM, '4..>.1.1.e._12..% `?cnOre-1►1Qctro_ Bea_cln. Ft. 3Z o 2. The above named entity itsssu�b�miitting a Bid for the City of Sunny Isles Beach, Bid No. 1g - ex.. --0% described as tSI 34- Cern iS ( kCart+-lcY►r -- . The Affiant has made diligent inquiry and provides the information contained in this Affidavit Based upon his own knowledge. 3. The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 0111 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. 5. Neither the entity nor its affiliates,nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local,State,or Federal Agency. • -6. Neither the entity, nor its affiliates,nor anyone associated with them have any potential conflict of interest due to any other clients,contracts;or property interests for this project. 7. I 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. • 8. I 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. 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 tify the City of Sunny IslesIsesBeach. Dated thisj day of I , 20 ' � • / abn e.0 e n 1 re.s0-W - FFIANT Print or Type Name and Title worn to and subscribed before me this74"21 day of A Aly ,20 41! ® Personally Known,OR / / O Produced Identification-Typ::.of Identification 4"; `SZ- ,Lr-Z4-2.67--.4e1/1Y0 NOTARY PUBLIC STATE OF FLORIDA ! '4,t. HASHAIH MORALES MY COMM H °�a EXPIRES: March h 30,2020 5of10 -_-.- I SV 4NY is,F _ . °,`i� "cafe - - ANTI - KICKBACK - - - • ` F 7 • '-;-4:-;4.:--- • City of Sunny Isles Beach ® `�=1�—` T' 18070 Collins Avenue �f'99'. oPsooSunny Isles Beach,FL 33160 r,o, sus '`' Telephone:(305)947-0606 Fax:(305)949-3113 _ . - - AMU-KICKBACK AFFYDAVXT • - - • . -STATE OF FLORIDA" ) " - _ COUNTY Om Qq F Mlc d� ) 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. By: Cigbriefi€ "fil'ic i Title: ?rtS i lir- ® The foregoing instrument was acknowledged before me this "day of /4d ' y , 20 /' by .A..-4_ [name . of person],/ as /..:_ ..11.112111W7- W= ' [type of authority], for •Z7 [ ame of party on behalf of whom_ instrument was executed]. AFFIX NOTARY STAMP HERE: . IIVI ; - Nol Public— SlAce of Florida ere-% HASHATH MORALES .w'; MY COMMISSION N FF977061 `- y� �a EXPIRES:March 30.2020 WGt V, OA D Lia e! Print or Type Commissioned Name v ------.7. Personally Known OR Produced Identification Type of Identification Produced ,��./„.- , ,8 .r 24;:e -74,`Jr 40 ��>._ all . . 7of10 ACORD® DATE(MM/DD/YYYY) CO CERTIFICATE OF LIABILITY INSURANCE 5/7/2018 . . 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 ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. RTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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). - tt PRODUCER NAME: EACT Patti Barrett Harden and Associates PHONE FAX 501 Riverside Avenue, Suite 1000 (NC,No.Extl:904-421-5293 _(ac,No):904-466-4380 E-MAIL Jacksonville FL 32202 ADDRESS: pbarrett©hardeninsight-com INSURER(S)AFFORDING COVERAGE 1 NAIC 8 INSURER A:Covington Specialty Ins Co 13027 NSURED DISAOPE-01 INSURER a:Admiral Insurance Company I 24856 Disaster Program&Operations, Inc 10033,Sawarass Drive W. Ste. 121 INSURER C:Old Dominion Insurance Co 40231 Ponte Vedra FL 32082-2832 INSURER D:StarStone National Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:444473853 - 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. ) LTR SR I NSR ADDL SWVOI POUCY NUMBER I(MM/DDY/YYYY)I(MM/DD/YYYY)EFF POUCY EXP Ir TYPE OF INSURANCE LIMITS A GENERAL UABIUTY VBA563189 8/19/2017 8/192018 EACH OCCURRENCE 5 1,000.000 �. X DAMAGE TO RENTED : COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrencet 5 100,000 I f CLAIMS-MADE X OCCUR • MED EXP(Any one person) 5 5,000 I PERSONAL 8 ADV INJURY S.1,000.000 GENERAL AGGREGATE ,52,000,000 • • I(GSE-N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 15 I X I POLICY ri PEi Ii LOC I I$ CI TOMOBILE LIABILITY U 061765752 8/192017 8/19/2018 COMBINED SINGLE LIMIT ' (Ea accidenl) 51.000,000 _ ANY AUTO BODILY INJURY(Per person) 5 I AUTOWNED AAUTOEDULED BODILY INJURY(Per accident) S IX HIRED AUTOS X AUTOS ED PROPERTY P r awe DAMAGE i 5 5 D I X I UMBRELLA UAB X OCCUR 76901W170ALI 8/1912017 8/192018 EACH OCCURRENCE S 1,000,000 • I EXCESS UAB CLAIMS-MADE AGGREGATE S I DED I RETENTIONS 5 WORKERS COMPENSATION WC STATU- OTH-I AND EMPLOYERS'UABIUTY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE 5 II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S L B Professional Liability E0000034723-02 8/192017 8/192018 OCC/AGG 1,000.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) • CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sunny Isles Beach ACCORDANCE WITH THE POLICY PROVISIONS. 0 Office of the City Clerk 18070 Collins Avenue AUTHORIZED REPRESENTATIVE Sunny Isles Beach FL 33160 r‘ i) .-.1-)4)-_,-(7,1 a. .Lii*- I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • I • . -----141 ® TE A�o . CERTIFICATE OF LIABILITY INSURANCE DA (MM/DDIYYYY) ' 5/2018 j. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFTCATE HOLDER. THIS • CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTIORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDPfIONAL INSURED provisions or be endorsed. tf 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 CAONTACT Darius-Mcjimpson Teamworks Insurance Agency,LLC PHONE FAX 23371 Mulholland Dr.#306 rarc No Fell (805)531 5060 (A/C,No): (805)531-5065 Woodland Hills CA,91364 ADDRESS: certholder@teamworkinsurance.com INSURER(S)AFFORDING COVERAGE NAC# INSURERA: Employers Preferred Insurance Company DP&O.Inc.Dba Triquetra Inc INSURER B Robert Hirsch CPA C/O DPO ENSURER C: 10033 Sawgrass Dr.W.Ste.121 INSURER 0: Ponte Vedra,FL 32082-2832 INSURER E: • - INSURER F: I COVERAGES CERTIFICATE NUMBER: 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. LTR I TYPE OF INSURANCE IN O SWVD 1 POLICY NUMBERPOLICY EFF I POLICY EXP UMITS I(MM/OD/YYYY) I COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE S _ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES{Ea oca+rrence) $ MED EXP(Any one person) S PERSONAL&ADV INJURY S } GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S rk POLICY JET LOC PRODUCTS-COMP/OP AGG S OTHER: S I{{{I AUTOMOBILE UABS.ITY - COMBINED SINGLE LIMIT S (Ean) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE S ❑ AUTOS ONLY AUTOS ONLY (Per accident) S I UMBRELLA UAB OCCUR EACH OCCURRENCE S EXCESS MB CLAIMS-MADE AGGREGATE S DED I RETENTIONS S WORKERS COMPENSATION LI PER OTH- MD EMPLOYERS'LIABLm YIN EIG2539335-00 08/28/17 08/28/18 STATUTE Ea A MYICERY PROMEE OR/ PAEXTTNER/?XECUTIVE y NIA E.L.EACH ACCIDENT S C$1,000,000 (Mandatory in NH) E.L DISEASE-EA EMPLOYEE S $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION City of Sunny Isles Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of the City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 18070 Collins Avenue, ACCORDANCE WITH THE POLICY PROVISIONS. Sunny Isles Beach, FL 33160 AUTH REPRES ATI MBetancur@sibfl.net � Ox: (305))792- 1563 � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD I I •I C `,NNY„4 1 ,�m ,;, AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND TIDAL BASIN.GOVERNMENT CONSULTING, LLC. ?ff Pf° 4. "° CONTRACT NO. 6617-096 �O.fUM THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate,this 14(day of June,2018, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and TIDAL BASIN GOVERNMENT CENTER CONSULTING,LLC, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is 20-5926493. RECITALS WHEREAS, in response to the City's Request for Proposal (RFP) No. 18-04-03, and Resolution No. 2018-2824, a secondary Consultant was selected to emergency debris monitoring and financial recovery assistance for the City ("Services"); and WHEREAS, Consultant has expressed the ability and desire to provide these Services,as more particularly described in Attachment "A", a copy of which is attached hereto; and WHEREAS, the total amount to be paid for the Services is on a unit price basis in accordance with the Fee Schedule, as more particularly described in Attachment "A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement .and made a part hereof for reference. In addition, the following documents are hereby incorporated by reference and made part of this Agreement: 01 Specification and Proposal Documents prepared by the City for Disaster Debris Monitoring Services & Financial Recovery Assistance, RFP No. 18-04-03. ii Response to RFP No. 18-04-03, prepared by Consultant, a copy of which is attached hereto as Attachment "A" and incorporated herein by reference. All Exhibits are collectively referred to as the "Contract Documents". 1.2. SERVICES. Consultant shall Disaster Debris Monitoring Services & Financial Recovery Assistance as the secondary Consultant, to be utilized in case of default by the primary Consultant or to provide assistance and additional resources to primary Consultant, for services pursuant to the terms and conditions set forth in the Request for Proposal 18-04-03 and Attachment "A". Consultant shall perform the Services under the general direction of the City and shall furnish all labor, materials, supplies, equipment, supervision and services necessary for and incident to the performance of the Services, except as otherwise noted in the specifications. By signing this Agreement, the Consultant represents that it thoroughly reviewed the Contract Documents incorporated into this Agreement and that it accepts the Services and the conditions under which the Services are to be performed. 1.3. QUALIFICATIONS. Consultant and the individual executing this Agreement on behalf of the Consultant warrant to the City that the Consultant is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that the 6617-096 TIDAL BASIN GOVERNMENT CONSULTING,LLC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant possesses all of the required licenses and certificates of competency required by the State of Florida and Miami-Dade County to perform the Services herein described. 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall commence upon execution of this Agreement by both parties and shall be for an initial term of three (3) years with the option to renew the contract for one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement shall commence upon the issuance of Notice to Proceed from the City Manager or designee. 1_5. COMPENSATION. Consultant acknowledges that this is a contingent services contract and that no payments will be made or due from the City unless Consultant is specifically engaged by the City for a specific emergency. All payments to be made hereunder shall be paid in accordance with the Fee Schedule contained in Consultant's Response to Request for Proposal 18-04-03, attached hereto as Attachment"A" and incorporated herein by reference. All invoices and payments shall be for Services completed pursuant to this Agreement after submission of invoices to the City. All invoices shall be submitted in accordance with Request for Proposal 18- 04-03. The City will pay properly submitted invoices within thirty (30) days of receipt, for completed and accepted Services, unless the City notifies the Consultant in writing of the dispute, before the payment is due. Invoice format and documentation should be acceptable for FEMA reimbursement. 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. The Consultant should submit regular invoices for no more than 30-day periods. Invoices will be subject to verification and approval by the department requesting the service. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. The 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. There are no reimbursable expenses associated with this Agreement. 1.6. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Consultant must provide sufficient equipment and labor, based on the magnitude of the disaster and information from damage assessments, necessary to meet the City's timelines as follows: 1) clearing of primary rights-of-way within 24 hours of receiving the task order;2)removal of debris started within 48 hours of receiving the task order; 3) removal of debris must be underway in all zones within 70 hours; and 4) all debris removal operations must be completed within 10 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the first 48 hours following issuance of each task order by the City Manager or his designee, shall result in the City making a claim against the Consultant's Performance Bond in the amount of the cost per hour of each crew as defined in the Revised Fee Schedule Form for each hour exceeding the 24 hour cutoff where the Consultant is failing to 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax operate, or is operating at less than the response levels specified herein. Consultant shall not be liable for unavoidable delays beyond their reasonable control. 1.7. 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 Consultant 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 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 under this Agreement. 1_8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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 shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 1.9. 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 coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence. O Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 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 shall be issued by companies 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax authorized to do business under the laws of the State of Florida and acceptable to the City with a 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. Consultant shall also require and ensure that each of its sub- Consultants 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. 1.10. TERMINATION AND REMEDIES FOR BREACH. A. The Consultant agrees that the upon receipt of the Notice to Proceed (NTP) from the City Manager or designee, the primary Consultant will have twelve (12) hours to contact the City in response to the NTP and twenty-four (24) hours to substantially mobilize or begin performance under the terms of this Agreement. The City reserves the right to pursue secondary Consultant for Services if primary Consultant either fails to mobilize or begin performance under the terms of this Agreement. 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. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10)days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. f In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination. ii 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. 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 4 i I City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10)days written notice. In the event of such a termination without cause, the Consultant shall be compensated for all services performed to the City's satisfaction and prior to termination. 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 portion of the Contract, shall refrain from placing further orders and/or contracting with subConsultants, and shall complete any continued portions of the work. The terms of Paragraph 1.11A(i) and 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 voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1.11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 1.12. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, 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. L13. 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 court, 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 and the City is the prevailing party then 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 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 1.14. 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 facsimile 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 party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the John W. Marini Consultant: President & CEO Tidal Basin Government Consulting, LLC 126 Business Park Drive Utica, NY 13502 Tel: (315) 415-2963 jmarini@adjustersinternational.com 1.15. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public Records Law: (i) Consultant shall keep and maintain public records required by the City to perform the service. (ii) 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. (iii)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. (iv) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided 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 CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. L16. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. During the performance of this contract, the Consultant agrees as follows: (1) Overtime requirements. No Consultant or subConsultant 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 wanes: liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subConsultant responsible therefor shall be liable for the unpaid wages. In addition,such Consultant and subConsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subConsultant under any such contract or any other Federal contract with the same prime Consultant,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same 6617-096 TIDAL BASIN GVT.CONSULTING,LLC. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subConsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Consultant or subConsultant shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subConsultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subConsultant or lower tier subConsultant with the clauses set forth in paragraphs (1) through (4) of this.section." 1.17. COMPLIANCE WITH THE COPELAND ANTI-KICKBACK ACT (1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Consultant or subConsultant shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subConsultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subConsultant or lower tier subConsultant with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subConsultant as provided in 29 C.F.R. § 5.12. 1.18. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT. Contracts amounts in excess of$150,000 shall agree to comply with all applicable standards, orders 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). A. Clean Air Act (I) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Consultant agrees to report each violation to the City and understands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency 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 provided by FEMA. 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Federal Water Pollution Control Act (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (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 notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency 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 provided by FEMA. 1.19. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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 identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of 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 to be provided 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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement 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 6617-096 TIDAL BASIN GVT.CONSULTING, LLC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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) The 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 subConsultant 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 subConsultant 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. 1.20. SUSPENSION AND DEBARMENT. During the performance of this contract, the Consultant agrees as follows: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R..§ 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City of Sunny Isle Beach. 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 City of Sunny Isle Beach, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 1.21. BYRD ANTI-LOBBYING AMENDMENT. Consultants who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 1.22. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this contract,the Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: (1) competitively within a timeframe providing for compliance with the contract performance schedule; (2)meeting contract performance requirements; or (3) at a reasonable price. 1.23. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 1.24. NON-DISCRIMINATION. 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 insure 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 to be provided by the City 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. 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.25. 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, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest,directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Consultant further covenants 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 offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 1.26. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Consultant agrees to indemnify and hold-harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Consultant or persons employed or utilized by the Consultant in performance of Services under this Agreement. Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses,liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Consultant shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 1.27. ACCESS TO RECORDS. The following access to records requirements apply to this contract: (1) The Consultant agrees to provide Florida Division of Emergency Management, The City of Sunny Isles Beach, the FEMA Administrator, the Comptroller General of the United 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax States, or any of their authorized representatives access to any books, documents, papers; and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 1.28. DHS SEAL, LOGO, AND FLAGS. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 1.29. 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. 1.30. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 1.31. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. 1.32. 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, Consultant, or any other party pertaining to any matter resulting from the contract. 1.33. CONFLICTING PROVISIONS. In the event of a conflict between the Contract Documents or any ambiguity or missing specifications or instructions contained in this Agreement, Request for Proposal 18-04-03, and Consultant's Response to Request for Proposal 18-04-03, the following priority is established: i. This Agreement ii. The terms and conditions of Request for Proposal 18-04-03. iii. Consultant's Response to Request for Proposal 18-04-03, attached hereto as Attachment "A". 1.34. MISCELLANEOUS. 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. [Remainder of page intentionally left blank] 6617-096 TIDAL BASIN GVT.CONSULTING. LLC. 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: TIDAL BASIN GOVERNMENT CO SULTING, LLC. 1A1 ChR h4)k()AIL • Signature John W. Marini, President& CEO Abig r� nkw lle Print Name AT`ITST Mr` CITY OF SUNNY ISLES BEACH slit � I, '� BY: \ _♦�A f1 BY: (4 � Maur iq.C eta cur, CMC, City Clerk Christop er J. Russo, City Manager APPROVED AS TO FORM AND LEGAL SUF ICIENCY A.@ // BY: BY: ' AY f 7/i Department Head /�` mot, `ty At erney 6617-096 TIDAL BASIN GVT.CONSULTING,LLC. 15 - - rl%f•Or SUPli4Y.ISLES'IBEACH " _ - " - . ., . . - .18070-Collins Avenue " " ` junn7 Isles B ch, f ,. .-.:3 rtd�331.60- sw _'t+E�. ..•l': ..--.,a "._:;::..:: .f - 305:447:0606 • °�` " `' 'ww ,.AO.ne: =- nL v'i f''-•C . '%; )' '-;:;-.-.±— Q -e" .-"k at sur+' " II — — — 1 QTTAC IN, KEKT A o PRICE PROPOSAL Consultant shall complete all sections of the following price sheet. The hourly rate must include I - all costs associated with the performance of the contract as a result of this RFP. The pricing below must include overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses. Proposers I " may offer other required positions as necessary with the written approval"of the City's Project Manager. ITEM # POSITION HOURLY RATE Il1.1. Project Manager $ 205.00 1 2 Field Supervisor • $ 145.00 1 1.3. Field Monitor • $ 100.00 I1.4. TDMS Monitor $ 105.00 Debris Site Security 1.5. $ 105.00 IlGIS Specialist $ 120.00 1.6. 1..7.. Data Entry $ 100.00 • Data Manager $ 110.00 1.8. FEMA Reimbursement Manager $ 175.00 1.9. Aerial Photo Package(5 Photos per Flight, . $2,500.00 1.10 different locations) . . Photograph Copies(Duplicate of Original $ 25.00 1.11 Approved Photo) V Additional Photographs(per photo,same flight, $ 2,500.00 1.12 same location,different view) Additional location(one photo,same flight, $ 2,500.00 1.13 different loca -.n) LAuthorized Signato • ---A . ,. ` . A . Executed by: Steven N.Glenn City of Sunny Isles Beach 'Request for Proposals Disaster Debris Monitoring No. 18-04703 48 _ I • I . . I CITY OF SUNNY ISLES BEACH . 1 - - , - 18070 Collins Avenue-, JI Sunny Isles Beach,Florida 33160 305.947.0606 ,�""`'Jc `�---e. \ www.sibfl.net ''Tr' V I. O fC�Y OI'SU��F� m BID SUBMITTAL FOR: IACKNOWLEDGEMENT OF ADDENDA i . 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 I BID " . Addendum #1, Dated Friday,April 27, 2018 • 1 Addendum #2, Dated Addendum #3, Dated IAddendum #4, Dated Addendum#5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated 1 PART II: I0 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID IFIRM NAME: Tidal Basin Government Consulting, LLC • AUTHORIZED SIGNATURE: I' cL DATE: 05/08/2018 1- TITLE OF OFFICER: Vice President City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 41 •I • - CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beath,Florida 33160 s0""t,,,c 4� 305.947.0606 ���_A;F www.siblInet . - - 1 /' G��- 2 - . -- • ________ . .1. 'V . . • r'''''Of ..11r'02O • 1 DELIVER TO: REQUEST FOR PROPOSAL City of Sunny Isles Beach SECTION 6 OPENING: Oty Clerk BID SUBMITTAL FORMS Thursday, May 18070 Collins Avenue 10, 2018 2:30 PM 111 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES, LESS TAXES, FOR THE 1 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 • 1 _ less all taxes.Tax Exemption Certificate furnished upon request. • Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of Genesis Cuevas 04/25/2018 Pages 40+ 1 Sealedbids 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 1 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 18-04-03 1 • Disaster Debris Monitoring Services& Financial Recovery Assistance • Procurement Agent: Firm Name: Genesis Cuevas Tidal Basin Government.Consulting LLC Commodity Code(s): 1 RETURN ONE ELECTRONIC COPY(FLASHDRIVE OR CD)ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS I FAILURE TO SIGN PAGE 43 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- . RESPONSIVE III . 1 City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 40 •• • - I , . i • I • • CITY OF SUNNY ISLES BEACH• i i - - 18070 Collins Avenue Sunny Isles Beach,Florida 33160 305.947.0606 °itis," "VdcE i • • _\www.sibfl.net_ - v�j6, - 12 : 4' �Oryf 7o0 tit' '-'fl'Of SU''Pia . ® . ■ • BID SUBMITTAL FORM 1 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 Ithe other terms and conditions of the Contract Documents. The Consultants accept all of the terms and conditions of the Advertisement and Instructions to Consultants, • induding without limitation those dealing with the disposition of Bid Security. This Bid will remain subject I 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. . 1 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 I • 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. • I • The Consultant has studied carefully all spedfications and requirements. • The Consultant has given the City written notice of all conflicts, errors, I discrepandes 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 undisdosed I person,firm or corporation and is not submitted in conformity with any agreement or rules of any group,assodation,organization,or corporation;the Consultant has not directly or indirectly induced or solidted any other Consultants to submit a false or sham Bid; the Consultant has not solicited or induced any person, firm or I 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. • I 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. 1 City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 42 1 . i 1 ' °j CITY OF SUNNY ISLES BEACH _ _ - - - 18070 Collins Avenue - Sunny Isles Beach, Florida 33160 So'MY'ti 305.947.0606 t - -- www.sibll.net t:� •:=p - .,•,, _ Q•• I__. 4' C.'4'' Of SUv P' I Firm Name: • ITidal Basin Government Consulting, LLC Street Address: • 1126 Business Park Drive Mailing Address(if different): . Utica, NY 13502 . I Telephone No. 315-797-3035 _Fax No. 315-797-1090 IEmail Address: sglenn@tidalbasingroup.com FEIN No. X9 2 /3 - 1 - • *By signing this document the Proposer agrees to all Terms&Condition • Signature: I (Signature of authorized agent) • Print Name: Steven Glenn Vice President Title: 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 1 . ' THE CONSULTANT TO THE TERMS OF ITS OFFER. I I 1 City of Sunny Isles Beach 'Request for Proposals Disaster Debris Monitoring No. 18-04-03 43 I I . 11 . ' • . . . _ .CITY OF SUNNY ISLES BEACH _ - 8070 Collins Avenue- - - Sunny Isles Beach,Florida 33160 o` - ti�""Y'`FJo . • 305.947.0606 - . G or - . G • C'1'of su^i"- I • Section 7 IQUALIFICATION STATEMENT • Check one: • Submitted B : Tidal.Basin Government Consulting, LLC Y ® Corporation Name: Steven Glenn • ❑ Partnership Address: 126 Business Park Dr ❑ Individual City, State, Zip Utica, NY 13502. ❑ Other ITelephone No. 315-797-3035 • Fax No. 315-797-1090 1 • 1. Indicate registration, license'numbers or certificate numbers for the businesses or I professions, which are the subject of this Proposal. Please attach certificate of competency and/or state registration. Document # M10000000434 • I . 2. Have you ever failed to complete any work awarded to you? If so, state when, Iwhere and why: No. I - . 3. State the names, telephone numbers and last known addresses of three (3) references with the most knowledge of work which you have performed and to 1 which you refer (indicate government references if applicable). 1 City of Sunny Isles Beach 'Request for Proposals Disaster Debris Monitoring No. 18-04-03 44 . " • I ' 1 • I • I . - - _ - CITY OF SUNNY ISLES BEACH - - .1 • 18070 Collins Avenue JJ • Sunny Isles Beach,Florida 33160 ""`fJf,< - — - - 30-5.947:0606 y%,o �� ww .sibfl.nel _ "p. �� vi 1 kti (`,,r 01 SUN P� I • Joseph Kroll,City of Aventura,FL-19200 W Country Club Drive,Aventura,FL—Phone:305-466-8970 I Pilar Schuitema,Oniversity of Miami-.1320 S.Dixie Highway,Suite 1200,Coral Gables,FL 33146—Phone:305-284-3163 'Steven Kulick,CPM,City of South Miami Beach-6130 Sunset Dr,South Miami,FL 33143—Phone:305-663-6339 I • 4. State the name of the individual who will have personal supervision of the work: . Greg Szymanski IDPM: Ron Anderson 5. State the names and addresses of all businesses and/or individuals. who own an 1 • interest of more.than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 1 . N/A • • 6. State the name of Surety Company which will be providing the bond, and name• and address of agent: . I N/A • I . 7. Attach a financial statement including Consultant's latest balance sheet and income statement showing the following items: Ia) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): - • b) Net.Fixed Assets • c) Other Assets 1 City of Sunny Isles Beach !Request for Proposals Disaster Debris Monitoring No. 18-04-03 45 • I . • • - - _ - - "CITY OF SUNNY ISLES BEACH- 18070 Collins Avenue • • Sunny Isles Beach. Florida 33160 _ -_ 305.947.0606 1 • wwwsibfl.net• O _� o� C'').OF SO-1,1049 d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). ® e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding ® shares par values, earned surplus, and retained earnings). 8. State the name of the firm preparing the financial statement and date thereof: Firley, Moran, Freer& Eassa, CPA, PC 11. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative 1 to providing the services requested herein that have occurred within the last three (3)*years. Also indicate if your firm has been debarred or suspended from bidding • or proposing on a procurement project by any government entity during the last five (5) years. N/A ••1 • • 1 1 1 1 1 - City of Sunny Isles Beach I Request for Proposals Disaster Debris Monitoring No. 18-04-03 46 • 1 I • • • • . • • • I • VNNY ii, �Fsn� .�r� - _ NON- COLLUSION AFFIDAVIT ..- .;_., -4,----------_ • City of Sunny Isles Beach • ,' '''-- o� 18070 Collins Avenue - • ti• ,'•Ft.o00u+` Sunny Isles Beach,FL 33160 o.,uN' Telephone:(305)947-0606 Fax(305)949-3113 STATE OF F6ORt9A ) ICOUNTY OF f 1ne 1 fA� ) ) The undersigned being first duly sworn 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 RFP. The undersigned is authorized to make this Affidavit on behalf of, li Tidal Basin Government Consulting,LLC . • (Name of Corporation,Partnership,Individual,etc.) I • • a, Corporation • Washington,DC formed under the laws of (Type of Business) • • (State) • Il of which.he is Vice President • . (Sole Owner,Partner,President,etc.) I Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this RFP 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 RFP is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or I agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham RFP, 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 persoh, firm or corporation, to for the prices of said Bid or Bids of any other proposers; and all statements contained in the RFP or RFP's described above true; and further, neither the undersigned, nor the person, firm or corporation named • above has directly or indirectly submitted said RFP or the contents thereof, or divulged information or data relativethereto, to any INassociation or toanymemberor agent thereof- a dL-- Vice PresidentE AFFIANTS NAME AFFIANTS TITLE • TAKEN,SWORN AND SUBSCRIBED TO BEFORE ME this 1) day of Itial_______,2018. Personally Known X or Produced Identification , Type of identification ID • 11 (Affix seal here) LO12.1))/W% L. c er . •( 'D • //2( ARY PUBLIC(name printed or type I BRIANNA L. MOYER Notary PI)p11o,In the State of New York. 7 -6?Qualified in th eide County 01M062g4485 My CommisSlon Expires Dec.23,207 1 • . . • - . I • •I 1of10 I . . . . I • SUNNY rs,E . � _ _ 'PUBLIC ENTITY CRIMES i' . \:,........, .•�• City of Sunny Isles Beach • � - or 18070 Collins AvenueS`c '•ri.o*��o 4. Sunny Isles Beach,FL 33160 c'''0,or.UN' Telephone:(305)947-0606 Fax(305)949-3113 • SWORN STATEMENT PURSUANT TO SECTION 287.133(3)0) - 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 I 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 forthirty six months from the date of being placed on the convicted vendor list". ITHIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Sunny Isles Beach M. by Steven Glenn,Vice President [print individual's name and title] ' I for Tidal Basin Government Consulting,LLC [print name of entity submitting sworn statement] whose business address is: 126 Business Park Drive,Utica,NY 13502 I • and(if applicable)its Federal Employer identification number(FEIN)j5.20-5926493 ' (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a"public entity crime"as defined in Paragraph 287.133(1)(g), Florida Statutes, means a I 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 I public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud,theft,.bribery, collusion, racketeering, conspiracy,or material misrepresentation. 3. I understand that"convicted"or"conviction"as defined in Para. 287.133(1)(b), Florida Statutes, means a I 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. 1 4. I 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 convictedof 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 I interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 10 I • 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 aperson-who I has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Para. 287.133(1)(e),_Florida Statutes, means any natural I 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, 1 employees, members,and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting thissworn statement. (Indicate which statement applies.) • I X Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and.convictedof a public entity crime subsequent to July 1, I 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 his 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 i • 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 I 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 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 I ALSO UNDERSTAND THAT-1 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. B : i . f (Signature) Glenn (Printed Name) Vice President (Title) Sworn to and subscribed before me this p p day of Mut V , 20 jR. , by I (AFFIX NOTARY STAMP HERE) RA�/�r!Y� 7 Oi�r9P2 9RIANNA L. MOYER Notary Public in the State of New York Situne: Notary Publi State of Flefista_ (1(1 VO/f,Qualified in Oneida Couny01M0&294465 . y7&()/W / , Orr" My Commission E:pins Dec.23,20 / ` • • PI rint or Type Commissioned Name Personally Known \6 m OR Produced Identification IType of Identification Produced In 3 of 10 I • • • • CP JO _ � EQUAL OPPORTUNITY / • . ;} : AFFIRMATIVE ACTION `",o, ,' " , City of Sunny Isles Beach ",o,,u." 18070 Collins Avenue Sunny Isles Beach,FL 33160 Telephone:(305)947-0606 Fax:(305)949-3113 1 . 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:. . Title: Vice President Firm: Tidal Basin Government Consulting LLC Address: 126 Business Park Drive • Utica, NY 13502-• . 1 • 1 • • • • 1 1 - 1 1 4of10 I1 - 1 . . s„NYrs,,.., CONFLICT OF INTEREST to`' ,.,..--:.,.--;,.:,\9, _o---. :i+ City of Sunny Isles Beach f u =� - Z 18070 Collins Avenue - Sunny Isles each;FL 33160 - - I ?�'. --/�� Telephone:(305)947-0606 Fax:(305)949-3113 FLoco5 C'- of CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112,Florida State Statutes. Proposers - I must disclose with their aids,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. I STATE OF FLORIDA - COUNTY.OF BEFORE ME,the undersi fed authori Steven Glenn g ty,personally appeared Iwho was duly sworn,deposes,and states: 1. I am the Vice President of Tidal Basin Government Consulting, LLC office in with a.local in Utica, NY and principal office 2.The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid.No. 18-04-03 I described as Disaster Debris Monitoring Services&Financial Recovery Assistance . The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above Bid is being submitted and that the above I. named entity has no financial interest in other entities submitting Bids for the same project. 4. Neither the Affiant nor the above named entityhas directly or indirectly entered into any agreement, participated in any collusion,or otherwise taken any action in restraints of free competitive pricing in connection I with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the entity nor its affiliates,nor anyone associated with them,is presently suspended or Iotherwise ineligible from participation in contract letting by any local,State,or Federal Agency. G. Neither the eni:ity,nor its affiliates,nor anyone associated with them have any potential conflict of interest due to any other clients,contracts,or property interests for this project. 7. I 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. 8. I 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. 9. In the event that a conflict of interest is identified in the provision of services, I,on behalf of the above I named entity,will immediately notify the City of Sunny Isles Beach. Dated this 8 day ofQ U ,20)O . In,�J._. / Steven Glenn,Vice President AFFIANT Q Print or Type Name and Title . I Sworn to and subscribed before me this U day ofirla 2O1 j Personally Known,OR r. 0 Produced Identification-Type of Identification NOTARY PUBLIC STATE OF FLAfi}$A 01t-� , , / . 7719ii / BRIANNA L.MOY€R 1' • Notary Public in the State of New York 5 of 10 ' I Qualified in Oneida County01M062fl4465 My Commission Expires Dec.P3 20 2.1 • . 1 f 5� T is, F DISPUTE DISCLOSURE '5 Z-. 1. � • City of Sunny Isles Beach • , ---.;---118070 Collins Avenue L ti, �0,•,,oF'o ." Sunny Isles Beach,FL 33160 f Of{1.10' Telephone:(305)947-0606 Fax(305)949-3113 . DISPUTE DISCLOSURE FORM 1 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. 1 1. -Has your firm or any of its officers, received a reprimand of any natureor been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five(5)years? YES NO x . • 1 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 x • - I 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? x YES NO If yes, state the nature of the request for equitable adjustment, contract .daim; 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. 1 .I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall because for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. 1 Tidal Basin Government Consulting,LLC • 5/8/2018 • Firm . Date IA - n . . Steven Glenn,Vice President Authorized Signature Print or Type Name and Title • 1 • 1 I . • I sotto • I. • . • 7°�5�.•.- • ANTI -KICKBACK I V - 5 = `_�-' • City of Sunny Isles Beach _ 18070 Collins Avenue '4,c'''.F o►`°os. Sunny Isles Beach,FL 33160 ''p,,,,w'''' Telephone:(305)947-0606 Fat(305)949-3113 ANTI-KICKBACK AFFIDAVIT ill IN New York -STAT€-OFFEORIDA ) - Oneida ) COUNTY OF ) I 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. . By: n., 11..- . Vice President • Title: • I �> The foregoing instrument w acknowledged before me this b day of Q , 20 f f , by /1(�n1 �"1Gy�r [name of ersn], as N(li 0(>e( - [type of authority], for 1-exii (Boni J [name of party on behalf of whom instrument was 1 executed]. • AFFIX NOTARY STAMP HERE: • �i- r •%��/f lLbfl?6�Y. BRIANNA L. MOYER .fir .tary Public—State of • • /V 'j�/9/t Notary Public In the State of New York QQualified In Oneida County 01M062944&5 Mail L Maier r I My Commission Expires Dec.23,20 2.I Print or Type Commissioned Name IPersonally Known At OR Produced Identification Type of Identification Produced I I I . 7of10