HomeMy WebLinkAbout2025 Debris ContractDocusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF Sf
BASTI_A1V�T
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN AGREEMENT FOR
DISASTER DEBRIS MONITORING SERVICES WITH
TRUE NORTH EMERGENCY MANAGEMENT, LLC
THIS AGREEMENT made and entered into the 9th day of Apri 1 ,2025,
by and between the City of Sebastian, Florida, whose address is 1225 Main Street,
Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred
to as the "City" and True North Emergency Management, LLC (FEIN: 27-3353823),
whose principal and local address is 4450 Old Canton Road, Suite 100, Jackson, MS
39211 hereinafter referred to as the "Contractor". The City and the Contractor are
collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
proposal specifications outlined in Request For Proposal 25-10, Disaster Debris
Monitoring Services; and
WHEREAS, the City desires to retain the Contractor to provide Disaster Debris
Monitoring Services, as subsequently specifically set out in purchase orders to be issued
under this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth,
and the Contractor is desirous of performing and providing such goods/services upon said
terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated solicitation documents pertaining to 25-10-RFP,
and all submissions by the Contractor (including the bid proposal and proposal
clarifications) are incorporated herein to the extent not inconsistent with the terms and
conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the
scope of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor;
and
WHEREAS, the Contractor recognizes the importance of strict adherence to all
laws, rules, and regulations, particularly regarding safety procedures and processes.
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Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF Sf
BASTI_A1V�T
HOME OF PELICAN ISLANn
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that
person or entity, including employees, servants, partners, principals, agents, and
assignees providing services under this agreement.
1.2 The Contractor acknowledges that the City may retain other service providers to
provide the same services for City projects. At its option, the City may request
proposals from the Contractor and the service providers for City projects. The City
reserves the right to select which service providers shall provide services for the
City's projects.
1.3 This agreement is for Disaster Debris Monitoring Services, as set forth herein and
as otherwise directed by the City, to include all labor and materials that may be
required.
1.4 The recitals above are true and correct and form and constitute a material part of
this agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary
actions to execute this agreement and has the legal authority to enter into it and
undertake all obligations imposed on it. The person(s) executing this agreement
for the Contractor certify that they are authorized to bind the Contractor fully to the
terms of this agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations
contained in this agreement, including, but not limited to, each purchase order. The
parties agree that they shall diligently and expeditiously pursue their respective
obligations outlined in this agreement and each purchase order.
1.7 When the term "law" is used herein, it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety
and Health Act of 1970, from time to time amended and in force on the date hereof.
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Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
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HOME OF PELICAN ISLAND
1.9 It is agreed that nothing herein contained is intended or should be construed as
creating or establishing a relationship of co-partners between the parties or as
constituting the Contractor (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in
any manner whatsoever. The Contractor is to be and shall remain independent
concerning all services performed under this agreement.
1.10 Persons employed by the Contractor in the provision and performance of the
goods and/or services and functions under this agreement shall have no claim to
pension, workers' compensation, unemployment compensation, civil service, or
other employee rights or privileges granted to the City's officers and employees
either by operation of law or by the City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically
provided for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently, and professionally and timely perform with
its equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties
hereto, the Contractor's duties shall not be construed to exceed the provision of
the goods and/or services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and
described in Exhibit "A" to this agreement and specifically detailed in various
purchase orders as may be issued from time to time by the City.
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement
shall be commenced as outlined in the City's bid/procurement documents upon the
execution of this agreement and a purchase order issued on a form provided by
the City hereunder commencing the provision of goods and services. Additional
services to be performed by the Contractor to the City shall be authorized in a
written change order issued by the City on a form provided by the City. Purchase
orders executed by the City shall include a detailed description of quantities,
services, and a completion schedule. The Contractor shall review purchase orders
and notify the City in writing of asserted inadequacies for the City's correction if
warranted. In every case, if the Contractor completes work without authorization
by a purchase/work order or a change order, the City is not obligated to
compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase order, but the
Contractor shall not be paid more than the negotiated Fixed Fee amount stated
therein.
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HOME OF PELICAN ISLAND
3.3 The Contractor may invoice the amount due based on the percentage of total
services performed and completed, but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the total
services completed.
3.4 The City shall make payments to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each
purchase order shall be invoiced separately. The Contractor shall render to the
City, at the close of each calendar month, an itemized invoice properly dated,
describing any services rendered, the cost of the services, the name and address
of the Contractor, purchase order number, contract number, and all other
information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the
Contractor is familiar with the services to be performed and local conditions. The
Contractor shall make no claim for additional time or money based upon its failure
to comply with this agreement. The Contractor has informed the City, and hereby
represents to the City, that it has extensive experience in performing and providing
the services and/or goods described in this agreement and to be identified in the
purchase orders and that it is well acquainted with the work conditions and the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the City's projects. Execution
of a purchase order shall be an affirmative and irrefutable representation by the
Contractor to the City that the Contractor is fully familiar with all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a
change order. Each change order shall include a schedule of completion for the
services authorized. Change orders shall identify this agreement and the
appropriate purchase order number. Change orders may contain additional
instructions or provisions specific to certain aspects of this agreement pertinent to
the services provided. Such supplemental instructions or provisions shall not be
construed as modifying this agreement. An agreement between the parties on and
execution of any change order shall constitute a final settlement and a full accord
and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of
whatever nature, and all adjustments to the Contractor's schedule.
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BASTI_A1V�T
HOME OF PELICAN ISLAN1)
SECTION 6: CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee
conduct, safety, and the coordination of all goods and/or services furnished by the
Contractor under this agreement as well as the conduct of its staff, personnel,
employees, and agents. The Contractor shall provide the City a list of employees
working days, times, and assignments within two (2) hours of the City's request for
such information, which the City may request. The Contractor shall provide
employee addresses and driver's licenses. All Contractor employees shall at all
times wear identification badges which, at a minimum, give the name of the
employee and the Contractor. The Contractor shall work closely with the City to
provide the goods and/or services. Concerning services, the Contractor shall be
responsible for the professional quality, technical accuracy, competence,
methodology, accuracy, and coordination of all of the following, which are listed for
illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever
type or nature furnished by the Contractor under this agreement. Without
additional compensation, the Contractor shall correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications,
and any and all other services of whatever type or nature. The Contractor's
submissions in response to the subject bid or procurement processes are
incorporated herein by this reference.
6.2 Neither the City's review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement or of any cause of action arising out of the performance
of this agreement and the Contractor shall be and remain liable to the City per
applicable law for all damages to the City caused by the Contractor's negligent or
improper performance or failure to perform any of the goods and/or services
furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in
addition to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided
by the Contractor under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the
Contractor as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate
the provision of services under purchase orders.
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7.3 The City shall make City personnel available where, in the City's opinion, they are
required and necessary to assist the Contractor. The availability and necessity of
said personnel to assist the Contractor shall be determined solely at the discretion
of the City.
7.4 The City shall examine all of the Contractor's services and indicate the City's
approval or disapproval within a reasonable time so as not to delay the provisions
of services of the Contractor materially.
7.5 The City shall transmit instructions and relevant information and interpret and
define City policies and decisions concerning all materials and other matters
pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services
provided and performed under this agreement, the timing of the Contractor's
provision of goods and/or services, or a defect or change necessary in the
Contractor's goods and/or services.
7.7 The rights and remedies of the City provided under this agreement are in addition
to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but not limited to, set-off, suit,
withholding, recoupment, or counterclaim, either during or after the performance
of this agreement as well as the adjustment of payments made to the Contractor
based upon the quality of work of the Contractor.
7.8 The City shall be entitled to recover all legal costs, including, but not limited to,
attorney fees and other legal costs, that it may incur in any legal actions it may
pursue to enforce the terms and conditions of this agreement or the responsibilities
of the Contractor in carrying out the duties and responsibilities deriving from this
agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
7.10 Neither the City's review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement nor any cause of action arising out of the performance
of this agreement and the Contractor shall be and always remain liable to the City
per applicable law for all damages to the City or the public caused by the
Contractor's negligent or wrongful provision or performance of any of the goods
and/or services furnished under this agreement.
7.11 After final payment is made to the Contractor, all deliverable analysis, reference
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HOME OF PELICAN ISLAND
data, survey data, plans, reports, or any other form of written instrument or
document that may result from the Contractor's services or have been created
during the Contractor's performance under this agreement shall become the
property of the City.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work per Exhibit A, subject to additions and
deletions by change order as provided for in this agreement.
8.2 Compensation to the Contractor shall be as outlined in the purchase order, which
assigns services to be accomplished by the Contractor.
8.3 The Contractor shall be paid per the charges outlined in Exhibit "B" attached
hereto.
8.4 There are no reimbursable expenses to be paid to the Contractor except as
specifically set forth herein.
SECTION 9: INVOICE PROCESS
9.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
9.2 The City will notify the Contractor of any disputable items in invoices submitted by
the Contractor within fifteen (15) days of receipt, explaining the deficiencies.
9.3 The City and the Contractor will try to resolve all disputable items in the
Contractor's invoices.
9.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Contractor completed goods and/or services
referenced in an invoice.
9.6 Invoices are to be forwarded directly to:
Lee Plourde, Public Works Director
Email: LPlourde cDcitvofsebastian.ora
SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT
10.1 The Contractor shall commence providing services as described in this agreement
upon execution of a purchase order issued by the City.
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10.2 The Contractor and the City agree to make every effort to adhere to the schedules
required by the City or as established for the various purchase orders as described
in each purchase order. However, if the Contractor is delayed at any time in the
provision of goods and/or services by any act or omission of the City, or of any
employee, tumult of the City, or by any other Contractor employed by the City, or
by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force
majeure not resulting from the inactions or actions of the Contractor and beyond
the Contractor's control which would not reasonably be expected to occur in
connection with or during performance or provision of the goods and/or services,
or by delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended for
such reasonable time as the City may decide in its sole and absolute discretion. It
is further expressly understood and agreed that the Contractor shall not be entitled
to any damages or compensation or be reimbursed for any losses due to any delay
or delays resulting from any of the causes as mentioned earlier or any other cause
whatsoever.
SECTION 11: TERM/LENGTH OF AGREEMENT
11.1 The initial term of the Agreement is two (2) years. The Agreement may be renewed
by the parties for three (3) additional terms of one (1) year if agreed to in writing
thirty days prior to the end of the initial term.
11.2 The City has the right to extend any contract for the period necessary for the
Contractor to complete their contractual obligations and/or release, award, and
implement a replacement agreement. Such extension shall be based on the same
prices, terms, and conditions this contract outlines.
SECTION 12: DESIGNATED REPRESENTATIVES
12.1 The City designates the City Manager or their designated representative, to
represent the City in all matters pertaining to and arising from the work and the
performance of this agreement.
12.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
12.2.1 Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to
materially delay the work of the Contractor;
12.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this agreement;
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12.2.3 Giving prompt written notice to the Contractor whenever the City official
representative knows of a defect or change necessary in the project; and
12.2.4 Coordinating and managing the Contractor's preparation of any necessary
applications to governmental bodies to arrange for submission of such
applications.
12.3 Until further notice from the City Manager, the designated representative for this
agreement is concerning this section of the Agreement:
Lee Plourde, Director of Public Works
505 Airport Drive W
Sebastian, FL 32958
C: 772-571-7920
E: Lplourde c-�ciWofsebastian.orq
The Contractor's designated representative is:
Ted Hebbler
2301 Lucien Way, Suite 300
Maitland, FL 32751
C: 504.708.7528
E: thebbler(a-)truenorthem.com
SECTION 13 - LIQUIDATED DAMAGES
13.1 Upon failure of the Contractor to complete the project by the date listed in the notice
to proceed and/or purchase order, the Contractor shall pay the City the sum of
Three Hundred Dollars ($300) for every calendar day until the project reaches the
Substantial Completion Date, as fixed and agreed liquidated damages and not as
a penalty to represent the damages the City will sustain in the event of delay. The
Parties agree and recognize the impossibility of precisely ascertaining the number
of damages the City will sustain if the Contractor fails to achieve the Substantial
Completion Date timely.
13.2 When the Contractor defaults on the Agreement or any material provision thereof
or fails to remedy any deficiency in performance, the City may procure the
necessary supplies or services from an alternative source and hold the contractor
financially responsible for any excess costs incurred. The difference between the
bid price of the product or service and the actual price paid may be deducted from
any current or future obligations owed to the contractor as liquidated damages.
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SECTION 14: TERMINATION FOR CAUSE OR CONVENIENCE.
14.1 Notwithstanding any other provision of this agreement, the City shall have the right
at any time to terminate this agreement in its entirety, with or without cause, as
outlined herein.
14.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a
manner satisfactory to the City, the Contractor shall have ten (10) days to correct
deficiencies.
14.2.1 Failure of the Contractor to remedy said specified deficiencies within ten
(10) days of receipt of such notice shall result in the termination of the
agreement, and the City shall be relieved of any responsibilities and
liabilities under the terms and provisions of the contract.
14.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement
without cause with thirty (30) days' written notice to the Contractor. Notice shall be
served to the parties as specified in the agreement.
14.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
14.5 If this agreement is terminated, the City shall identify any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to
completion according to the provisions of this agreement.
14.6 This agreement will remain in full force and effect as to all authorized purchase
order(s) to be completed as outlined above.
SECTION 15: PAYMENT IN THE EVENT OF TERMINATION
15.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Contractor before the date of termination will
be paid.
SECTION 16: EQUAL OPPORTUNITY EMPLOYMENT
16.1 The Contractor shall not discriminate based on race, color, sex, age, national
origin, religion, and disability or handicap by the provisions of: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.),
Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title
49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age
Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title
49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans
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with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor
Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The contractor shall furnish pertinent information regarding
its employment policies and practices and those of their proposed subcontractors
the City may require. The above shall be required of any subcontractor hired by
the Contractor. All equal employment opportunity requirements shall be included
in all non-exempt subcontracts entered into by the Contractor. Subcontracts
entered into by the Contractor shall also include all other applicable labor
provisions. No subcontract shall be awarded to any noncomplying subcontractor.
Additionally, the Contractor shall insert in its subcontracts a clause requiring
subcontractors to include these provisions in any lower tier subcontracts that may
be made. The Contractor shall comply with all state laws and local ordinances.
SECTION 17: INDEMNIFICATION
17.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless
the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or its subcontractors and other persons employed or utilized by the
Contractor or its subcontractors in the performance of the contract; irrespective of
the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages to the
extent resulting from, negligence or willful, wanton, or intentional misconduct of the
City or its officers, directors, agents, or employees. Upon request of the City, the
Contractor or its subcontractors shall, at no cost or expense to the City, indemnify
and hold the City harmless of any suit asserting a claim for any loss, damage, or
liability specified above, and the Contractor or its subcontractors shall pay any cost
and reasonable attorneys' fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Nothing in this
agreement shall be construed as the City waiving its sovereign immunity under
Florida Statute §768.28 or any other sovereign or governmental immunity, nor an
admission of any liability. This provision shall survive the termination of this
agreement.
SECTION 18: INSURANCE
18.1 The Contractor shall obtain or possess and continuously maintain the following
insurance coverage from a company or companies with a Best Rating of A- or
better, authorized to do business in the State of Florida and a form acceptable to
the City and with only such terms and conditions as may be sufficient to the City:
18.1.1 Worker's Compensation: The Contractor shall provide and maintain
Coverage for all employees for statutory limits as required by the State of
Florida's Statutory Workers' Compensation Law and all applicable Federal
laws. Any policy must include the Employer's Liability with minimum
limits of $1,000,000 for each accident and a waiver of subrogation.
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18.1.2 Comprehensive General Liabilitv: The Contractor shall provide minimum
combined single limits of $1,000,000.00 for each occurrence /
$2,000,000.00 general aggregate for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products & completed operations, broad form property damage,
personal and advertising injury, and contractual liability coverage.
18.1.3 Comprehensive Automobile Liabilitv: The Contractor shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single
limit for bodily injury and property damage. This shall include coverage for:
A. Owned Automobiles
B. Hired Automobiles
C. Non -Owned Automobiles
18.1.4 Umbrella/Excess Liabilitv: The Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of
Comprehensive General Liability, Automobile Liability, and Employers'
Liability. **This coverage is optional if the CONTRACTOR carries
$2,000,000 Commercial General Liability Insurance with a $2,000,000
general aggregate**
18.1.5 All insurance other than Worker's Compensation to be maintained by the
Contractor shall specifically include the City as an additional insured.
18.2 The Contractor shall provide certificates of insurance to the City, evidencing that
all such insurance is in effect before the issuance of the first purchase order under
this agreement from the City. These certificates of insurance shall become part of
this agreement. Neither approval by the City nor failure to disapprove the
insurance furnished by a Contractor shall relieve the Contractor of the Contractor's
full responsibility for performance of any obligation, including the Contractor's
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this
agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best's Rating and Financial Size Category, the Contractor shall, as soon
as the Contractor knows any such circumstance, immediately notify the City and
immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement.
Until the Contractor has replaced the unacceptable insurer with insurance
acceptable to the City, the Contractor shall be deemed to be in default of this
agreement.
18.3 The insurance coverage shall contain a provision that requires that before any
changes in the coverage, except increases in aggregate coverage, thirty (30) days
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prior notice will be given to the City by submission of a new certificate of insurance.
18.4 The Contractor shall furnish a certificate of insurance directly to the City's
procurement/contracts manager. The certificates shall indicate that the Contractor
has obtained insurance of the type, amount, and classification required by this
agreement.
18.5 Nothing in this agreement or any action relating to this agreement shall be
construed as the City's waiver of sovereign immunity beyond the limits outlined in
Section 768.28, Florida Statutes.
18.6 The City shall not be obligated or liable under the terms of this agreement to any
party other than the Contractor. There are no third -party beneficiaries to this
agreement.
18.7 The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided
in this agreement.
18.8 All insurance shall be primary to, and not contribute to, any insurance or self-
insurance maintained by the City.
SECTION 19: STANDARDS OF CONDUCT
19.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary
or involuntary petition for bankruptcy and/or any insolvency of the Contractor or
any of its subcontractors involved in the provision of the Services under this
Agreement.
19.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest
exists concerning the agreement, including, but not limited to, any conflicts that
may be due to the representation of other clients, customers, or vendees, other
contractual relationships of the Contractor, or any interest in property that the
Contractor may have. The Contractor further certifies that any conflict of interest
arising during this agreement's term shall be immediately disclosed in writing to
the City. Violation of this Section shall be considered as justification for immediate
termination of this agreement.
19.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is demonstrating improper
conduct under any assignment or work performed under this agreement, the City
shall notify the Contractor in writing. The Contractor shall immediately remove such
employee or representative of the Contractor from such assignment.
19.4 The Contractor shall not publish any documents or release information regarding
this agreement to the media without prior approval of the City.
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19.5 The Contractor shall certify, upon request by the City, that the Contractor maintains
a drug -free workplace policy following Section 287.0878, Florida Statutes. Failure
to submit this certification may result in termination of this agreement.
19.6 If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the contractor,
supplier, or subcontractor may not transact business with any public entity above
the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for 36 months after being placed on the convicted vendor list.
19.7 Contractor certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
municipal, City, state or federal department or agency; (2) have not, within a three
year period preceding execution of this agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records; making false statements; or receiving stolen
property; (3) are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (federal, state or local) with commission of any of the
offenses enumerated above; (4) have not within a three year period preceding
execution of this Agreement had one or more public transactions (Federal, State,
or local) terminated for cause or default; and (5) will advise the City immediately if
their status changes and will explain the change in status.
19.8 The City reserves the right to unilaterally terminate this agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119, Florida Statutes, and other applicable law,
and made or received by the Contractor in conjunction, in any way, with this
agreement.
19.9 The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and all related federal or state laws which prohibit
discrimination by public and private entities based on disability.
19.10 The City will not intentionally award publicly -funded contracts to any Contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e)
of the Immigration and Nationally Act (INA). The City shall consider the
employment by the Contractor of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the Contractor of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for immediate termination
of this agreement by the City.
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19.11 The Contractor agrees to comply with federal, state, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the City. The Contractor agrees that any program or initiative involving
the work that could adversely affect any personnel involved, citizens, residents,
users, neighbors, or the surrounding environment will ensure compliance with all
employment safety, environmental, and health laws.
19.12 The Contractor shall ensure that all goods and/or services are provided to the City
after the Contractor has obtained any permits, licenses, permissions, approvals,
or similar consents at its sole and exclusive expense.
19.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use
funds provided by this agreement to lobby the Legislature, the judicial branch, or
state agency. Furthermore, Contractor shall not, in connection with the contract,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any City officer or employee's decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal
duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or
at the direction or request of, any City officer or employee. "Gratuity" means any
payment of more than nominal monetary value in cash, travel, entertainment, gifts,
meals, lodging, loans, subscriptions, advances, money deposits, services,
employment, or contracts.
19.14 The Contractor shall advise the City in writing who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or
services to a public entity, or may not transact business with any public entity.
19.15 The Contractor shall not engage in any action that would create a conflict of interest
in the performance of that actions of any City employee or other person during the
performance of, or otherwise related to, this agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
SECTION 20: PUBLIC RECORDS
20.1 The Contractor will keep and maintain public records required by the City to
perform the service. Upon request from the City's custodian of public records, the
Contractor will provide the City with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise
provided by law. Upon completion of the Agreement, the Contractor will transfer,
at no cost, to the City all public records in possession of the Contractor or keep
and maintain public records required by the City to perform the service. The
Contractor will ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
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authorized by law for the term of the Agreement and following completion of the
Agreement if the Contractor does not transfer the records to the City. If the
Contractor keeps and maintains public records upon completion of the Agreement,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the
information technology system of the City. If the Contractor does not comply with
the City's request for public records, the City shall enforce the provisions of the
Agreement per the terms of the Agreement and may terminate the Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE
WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL:
iwilliams(a.Citvofsebastian.orq; PHONE: 772-388-8215.
SECTION 21: CODES AND DESIGN STANDARDS
21.1 All services to be performed by the Contractor shall, at a minimum, be in
conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any federal, state, and local
regulatory agencies.
21.2 The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the goods and/or services to be performed under this agreement.
SECTION 22: ASSIGNABILITY
22.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement
or claims for the money due or to become due out of this agreement to a bank,
trust company, or other financial institution without written City approval. When
approved by the City, written notice of such assignment or transfer shall be
furnished promptly to the City.
22.2 The Contractor agrees to reasonably participate in the contract "piggybacking"
programs pertinent to local governments.
SECTION 23: SUBCONTRACTORS
23.1 Any Contractor's proposed subcontractors shall be submitted to the City for written
approval before the Contractor enters a subcontract. Subcontractor information
shall include, but not be limited to, state registrations, business address,
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occupational license tax proof of payment, and insurance certifications.
23.2 The Contractor shall coordinate the provision of goods and/or services and work
product of any City approved subcontractors and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
23.3 Any subcontract shall be in writing and shall incorporate this agreement and
require the subcontractor to assume the performance of the Contractor's duties
commensurately with the Contractor's responsibilities to the City under this
agreement; it is understood that nothing herein shall in any way relieve the
Contractor from any of its duties under this agreement. The Contractor shall
provide the City with executed copies of all subcontracts.
23.4 The Contractor shall reasonably cooperate with the City and other City Contractors
and professionals.
SECTION 24: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY
TRIAL
24.1 The laws of the State of Florida shall govern the agreement. In the event of
litigation arising under this agreement, the venue of such action shall be an
appropriate State or Federal Court in and for Indian River County, Florida. The
parties agree that in the event of litigation arising from this agreement, each shall
waive any right to trial by jury.
24.2 This agreement is the result of bona fide arms -length negotiations between the
City and the Contractor, and all parties have contributed substantially and
materially to the preparation of the agreement. Accordingly, this agreement shall
not be construed or interpreted more strictly against any one party than against
any other party.
SECTION 25: FORCE MAJEURE
25.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
fault or negligence of the party seeking relief under this Section.
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SECTION 26: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
26.1 This agreement and the exhibit(s) constitute the entire integrated agreement
between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This agreement and all the terms and
provisions contained herein, including without limitation the exhibits hereto,
constitute the full and complete agreement between the parties hereto to the date
hereof and supersedes and controls over any prior agreements, understandings,
representations, correspondence, and statements whether written or oral.
26.2 This agreement may only be amended, supplemented, or modified by a formal
written amendment.
26.3 Any alterations, amendments, deletions, or waivers of the provisions of this
agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 27: NOTICES
27.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by email and/or registered United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place last
specified. The place for giving notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Section.
27.2 For the present, the parties designate the following as the representative places
for giving of notice, to wit:
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
TO THE CITY:
Procurement/Contracts Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
P:772-388-8231
E:iessaraham(a-)citvofsebastian.orq
TO THE CONTRACTOR:
Director of Emergency Management
Victoria Kelley
4450 Old Canton Road, Suite 100
Jackson, MS 39211
P:601-948-3071
E:vkellev(a)truenorthem.com.
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27.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Contractor agrees not to claim any waiver by the City of such
notice requirements based upon the City having actual knowledge, implied, verbal
or constructive notice, lack of prejudice, or any other grounds as a substitute for
the failure of the Contractor to comply with the express written notice requirements
herein. Computer notification (e-mails and message boards) shall not constitute
proper written notice under the terms of the agreement.
SECTION 28: WAIVER
28.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
SECTION 29: NO GENERAL CITY OBLIGATION
29.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing
power of the City, or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws,
but shall be payable solely from legally available revenues and funds.
29.2 The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 30: EXHIBITS
30.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 31: SEVERABILITY/CONSTRUCTION
31.1 If any term, provision, or condition contained in this agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this agreement, or the
application of such term, provision, or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable, shall not be affected
thereby, and each term, provision, and condition of this agreement shall be valid
and enforceable to the fullest extent permitted by law when consistent with equity
and the public interest.
31.2 All provisions of this agreement shall be read and applied in para materia with all
other provisions hereof.
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SECTION 32: SURVIVAL
32.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the
agreement for any reason.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement on the respective dates under each signature: the City through its City Council
taking action on the 9th day of Apri 1 ,2025, and the Contractor signing
by and through its duly authorized corporate officer having the complete authority to
execute same.
ATTEST:
True North Emergency Management, LLC
�fiSigned by: � Signed by:
r'Z' r6UaSNU V,�bvia " -y"
Wifness4Kame Victoria Relley, Director
Date:3/31/2025 1 10:43:40 AM EDT
ATTEST:
DocuSigned by:
wli;m.-111�
e6 46,Williams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
DocuSigned by:
ecru rs.s4au
Jenniterub. Cockcroft, Esq.
City Attorney
CITY OF SEBASTIAN, FL
rB 6ocuSigned by:
1°�vtaln,
prsou� aor�cav�y
Brlan enton, City Manager
Date:4/10/2025 1 2:51:20 PM EDT
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Exhibit "A"
Scope of Services
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SCOPE OF SERVICES
Agency Overview: The City of Sebastian, incorporated on December 8, 1924, is a
political subdivision of the State of Florida. Sebastian is a 13.5-square-mile city with
approximately 26,000 residents and 15,000 homes. It is an attractive waterfront
community with a quiet, laid-back charm.
1.1 Scope of Work
1.1.1 The City of Sebastian is seeking a contractor to provide debris monitors and
debris monitoring services to assist the City with overseeing the operations
of disaster debris removal and disposal contractor(s). The debris monitoring
services to be provided are contract compliance, supervision, inspection,
and coordination of recovery activities. All debris monitoring activities are to
comply with current FEMA guidance and local, state, and federal
regulations.
1.2 Contractor Reauirements:
1.2.1 Staffinq Plan
A. The Contractor shall include in the response to this RFP a
management plan that will outline how the Contractor proposes to
handle the services, staffing, and equipment necessary to meet the
City's requirements as outlined in the Scope of Work.
B. The Contractor shall within 24 hours of request for services, submit
a list of personnel to be used for each contracted event. The list will
include names, addresses, phone numbers, cell numbers, and
driver's license numbers and job assignment areas. The Contractor
shall update the list daily for any changes such as additions or
deletions of staff. Any changes in key personnel such as but not
limited to Project Manager and/or Field Supervisors must be
approved by the City.
C. The staffing plan shall consist of the minimum following positions:
a) On -Site Project Manager
b) Debris Monitoring Field Supervisor
c) Debris Loading Site Monitors
d) Debris Tower/Site Monitors
e) Clerical Staff/Data Entry Clerk
f) Certified Maintenance of Traffic (MOT) Staff
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NOTE: All subcontractors are required to have certified
maintenance of Traffic Staff as well.
D. The Contractor may use other positions as necessary. All such
positions and applicable hourly rates shall be listed in the cost
proposal form.
1.2.2 Personnel Requirements and Responsibilities
A. On -Site Project Manager
B. Debris Monitorinq Field Supervisor — The Contractor shall provide
one debris monitoring field supervisor. Services shall include, but
are not limited to:
a) Overseeing and supervising loading site and disposal site debris
monitoring activities.
b) Scheduling debris monitoring resources and deployment timing —
communicating and coordinating with City personnel.
c) Providing suggestions to improve the efficiency of the collection
and removal of debris, Coordination of daily activities and future
planning.
d) Contact with debris management/dispatch center or supervisor.
e) Identifying, addressing and troubleshooting any questions or
issues that could affect work area safety and eligibility.
f) Supervising, recording/documenting, and ensuring the accurate
measurement of load hauling compartments and accurately
computing the volume capacity in cubic yards (CY).
g) Documenting the condition of truck hauling compartment
conditions by using digital photographs.
h) Preparing a master log book of all hauling equipment used by the
City's debris removal contractor(s).
i) Compiling, reconciling, and documenting daily, in an electronic
spreadsheet, all eligible debris hauled by the debris removal
contractor(s).
C. Debris Monitors — The contractor shall provide trained debris
monitoring personnel to oversee the loading of eligible debris at
collection sites and verification of load capacity and documentation
at designated temporary debris management or final disposal sites.
Personnel shall include, but are not limited to:
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a) Debris Loadinq Site Monitors — to perform on -site, street -level
debris monitoring at all contractor loading sites to verify debris
eligibility based on the monitoring contract requirements and
initiate debris removal documentation utilizing load tickets.
Services shall include, but are not limited to:
Monitoring collection activity of trucks.
ii. Check and verify information on debris removal
operations.
iii. Issuing load tickets at the loading site for all loads.
iv. Monitor area for safety concerns, ensure traffic control
needs are met and all vehicles and equipment are
operated in a safe manner.
V. Ensure all Freon containing appliance are sorted and
ready for Freon removal onsite or transportation for
Freon removal off -site prior to final disposal.
vi. Pre -work inspection of areas to identify potential issues
such as covered utility meters, fire hydrants or mail
boxes to mitigate damage from loading equipment.
vii. Document damage to utility components, driveways,
road surfaces, private property, vehicles, etc., should it
occur, with photographs (if possible — collect pertinent
information and report to field supervisor).
viii. Ensure work area is clear of debris to the specified
level before equipment is moved to new loading area.
ix. Monitor and record performance and productivity of
debris removal crew.
X. Contact with debris management/dispatch center or
supervisor.
xi. Ensure only eligible debris is collected for loading and
hauling.
xii. Ensure that only debris from approved public areas is
loaded for removal.
xiii. Ensure all loads are properly contained prior to leaving
the loading area.
xiv. Performing other duties as assigned by the Project
Manager or designated debris management
personnel.
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b) Debris Tower/Site Monitors - The Contractor shall provide debris
tower and site monitors to verify estimated quantities of eligible
debris hauled by contractor trucks and documented on load
tickets. Services shall include, but are not limited to:
Accurately measure load hauling compartments and
compute volume capacity in CY for all contractor trucks
and trailers prior to commencement of hauling
operations.
ii. Document measurements and computations -
complete log of contract hauler's cubic yardage and
other record keeping as required on the load ticket.
iii. Initial each load ticket before admitting trucks to
proceed from the check -in area to the tipping area.
iv. Contact with debris management/dispatch center or
supervisor.
V. Performing other duties as assigned by the
dispatch/staging operation, Project Manager, or
designated debris management personnel.
c) Clerical Staff/Data Entry Clerk - The contractor shall provide
clerical staff/data entry clerk(s). Services shall include, but are not
limited to:
Entering load tickets information into the contractor's
information management system.
ii. Providing daily, weekly, or other periodic reports in an
electronic format for City personnel noting work
progress and efficiency, current/revised estimates,
project completion, and other schedule
forecasts/updates.
D. The Contractor shall be responsible for travel, per diem, housing, and
meals for all of its employees and/or subcontractors. The Contractor
will also be responsible for providing temporary office space for
conducting its work responsibilities for this project.
1.2.3 Debris Removal Contractor Truck Certification
A. The contractor will establish a team of individuals who will inspect
and certify vehicles for hauling disaster -related debris in accordance
with FEMA guidelines. A certificate sheet with measurements,
photos, and calculations documenting the truck's capacity must be
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kept for load rating and ticket auditing. Summary books must be kept
at the TDSRS/disposal site for quality control.
1.2.4 Public Information Support
A. The Contractor may be asked to assist the City with public outreach
following a disaster event as it relates to debris recovery efforts.
Tasks may include assisting with press releases, public notices, and
other public information functions.
1.3 Pre -Event Requirements
1.3.1 Contractor will provide assistance in preparation for disasters through
participation in meetings, workshops, and the establishment of data
management and other integrated systems.
1.3.2 Contractors will, at no cost to the City:
A. Provide City personnel with a half -day debris management training
session. The training program must, at a minimum, meet the training
requirements for debris monitoring as outlined by current FEMA
debris management guidance.
B. Provide a list of key personnel and subcontractors that may be
involved in the disaster debris monitoring activities to include cell
phone numbers and email addresses.
C. Participate in annual workshops or planning meetings with City
representatives and debris hauling and disposal contractor(s) to
establish/review applicable policies and procedures.
1.4 Deplovment
1.4.1 The initial response shall be deemed as having a Contractor's
representative physically present at the City Public Works Compound within
twelve (12) hours after notification of need. The contractor must be prepared
to deploy debris monitoring within 24 hours of the notice to proceed.
1.4.2 When additional debris monitoring is needed to meet the requirements of
the monitoring contract, the contractor shall be prepared to increase the
number of debris monitors for the City to utilize as needed.
1.4.3 All payments under the contract resulting from the Request for Proposal
shall be made only for services requested and approved by the City. No
retainer shall be paid to keep the contract in effect.
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1.4.4 The administrative process when work assignments are issued will be as
follows:
A. City staff will meet with the Contractor to review the assignment and
describe the scope of services required.
B. The contractor will prepare a detailed scope of services and a
timetable for completing various phases. The contractor will also
calculate fees based on the approved hourly rates. These
documents will be submitted to the City for review and approval.
C. Once the City accepts, City staff will issue a Purchase Order (or Work
Request) and a Notice to Proceed. A purchase order will be issued
for each work assignment to monitor and track budget and project
funds. The fee computation will be considered a limiting amount and
will not be exceeded without subsequent approval by the City.
1.5 Debris Processing activities include, but are not limited to:
1.5.1 Temporary Debris Staging and Reduction Site (TDSRS)
A. The City has two pre -approved DMS locations at the Sebastian
Municipal Airport. These two sites will be activated in the event of an
approaching storm, and the City will obtain the approval letters from
the DEP to open these Debris Management Sites (DMS) at the
Sebastian Airport.
B. The Debris Monitoring Team, in collaboration with the Debris
Removal Team, will determine the minimum number of sites required
for each storm event. The City will designate the TDSRS to be
activated.
C. Preparation, maintenance, and operation of the DMS facilities is the
responsibility of the Debris Removal Team and the Debris Monitoring
Team.
D. The Debris Removal Team, in collaboration with the Debris
Monitoring Team, shall coordinate the logistics of the site to ensure
efficient traffic flow, including Maintenance of Traffic (MOT), and
proper handling of load tickets that record FEMA data (such as, but
not limited to, vehicle fullness and type of waste). The Debris
Removal and Debris Monitoring Teams will be responsible for MOT
as it relates to their employees. Note, if this service is contracted out,
the contractor must ensure their subcontractor has certified
maintenance of traffic staff.
E. The Contractor shall observe all vehicles entering and exiting the
TDSRS sites ensuring all vehicles are in good repair and safe with
secure side boards. No vehicles will be allowed to enter a TDSRS
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site without a tailgate. The Contractor shall provide verification that
all sites have access control and security.
F. The Contractor, through the TDSRS site monitoring, shall monitor
hauling vehicles to determine fullness, type of waste, and point of
origin. This certification process may include developing certification
forms and documents to accurately measure the cubic yard volume
to the nearest cubic yard of each vehicle.
G. The City will ensure the debris removal contractor provides
information on their Fleet which shall contain photographs of each
vehicle, vehicle number and type of vehicle, and volume capacity
calculation. The Contractor will maintain these documents
throughout the event and provide updated documents to the City, if
applicable, upon project completion. The Contractor shall be
required to continuously update the Collection Fleet documents as
the Debris Contractor adds or deletes vehicles from the collection
fleet, or when measurement calculations are modified through the
random verification process. TDSRS Monitors shall perform random
volume capacity collection vehicle verifications once every two (2)
weeks on all vehicles.
H. When a TDSRS Site Monitor signs a vehicle certification or load
ticket, he or she is certifying that ALL information on the document is
completed and the volumes/measurements are correct. The Site
Monitor should not sign or accept any partially completed
information. Only 100 percent complete tickets will be paid by the
City. Additionally, the Site Monitor shall, at a minimum, daily calibrate
his or her debris removal vehicle load determinations with the FEMA
tower monitors.
I. The Contractor shall:
a) Monitor incoming debris to City's designated TDSRS sites.
b) Ensure all TDSRS site deliveries are documented with properly
completed load tickets (this includes an incoming tower monitor
to estimate the quantity of debris by cubic yards at the site, using
City and FEMA protocols).
c) Randomly measure and verify truck capacity calculations.
d) Classify debris by FEMA and City protocols.
e) Help direct traffic to proper locations.
f) TDSRS exit tower monitor to ascertain trucks leaving site are
empty.
g) Report and document trucks with unsecured loads, protruding
debris or other unsafe transport or driving practices.
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h) Report safety or other hazard situations to the City.
i) Monitoring type of waste prior to entering TDSRS sites.
j) Ensure waste is placed in proper location.
k) Estimate the volume of loads on percentage basis of debris
collection vehicles.
1) Certifying the completeness of all load tickets that enter into the
TDSRS site.
m) Refrain from refueling machinery at the DMS site unless
authorized by the project manager.
1.5.2 Load Tickets
A. The contractor must provide load tickets acceptable to FEMA and
other Federal and State reimbursement agencies to track and
document the removal and management of all eligible debris. The
contractor must ensure that the load tickets meet the latest
requirements of FEMA and other Federal and State reimbursement
agencies. The contractor must retain original tickets in hardcopy or
electronically in an acceptable format on behalf of the City of
Sebastian, which is submitted to the City at the end of the debris
collection. Copies of completed load tickets must be retained by the
hauling contractor, vehicle driver, subcontractor, and debris removal
contractor throughout the collection period.
B. The contractor shall use load tickets that provide real-time and
automated reporting for all eligible debris. The contractor shall
ensure that load tickets meet the requirements of FEMA and all other
Federal or State reimbursement agencies.
C. The contractor shall be responsible for retaining completed load
tickets in a master electronic file and providing a summary
spreadsheet identifying each truck and ticket.
D. The contractor shall document all recovery work to ensure that
proper records are maintained for load tickets and recovery costs for
reimbursement purposes. This shall also include any photographs,
GPS locations and/or any other means of confirming debris load
information for reimbursement purposes.
E. Contractor shall be responsible for collecting, auditing for
completeness and accuracy, tabulating and operating debris
disposal data and vehicle certification, project records, photos, and
load manifest throughout the debris collection period to meet FEMA,
Federal, State, and local reimbursement requirements, and
subsequent audits. The contractor will be responsible for leading the
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City in the preparation of reports necessary for reimbursement with
FEMA, FWHA, State, and other applicable agencies.
F. Contractor shall provide daily reports throughout the disaster
collection and recovery effort, including updates for the daily team
briefing meetings, report on the review and validation of the DRC
cubic yard/tonnage reports, the number of trucks and volumes
(tonnage) of debris collected at each of the two city's TDSRS, as well
as a total daily collection and a final report following the completion
of the debris recovery operation which will meet FEMA PA
requirements.
G. The contractor shall retain all documentation, including financial and
program records, to justify the charge and cost the hauler operation
incurred in performing the collection work for at least three years
following the final payment by the City, as required by FEMA Public
Assistance reimbursement per the FEMA Public Assistance Program
and Policy Guide. The City shall have access to such records and
documents as required for inspection and audits.
H. The contractor shall assist the City in preparing reports necessary for
reimbursement by FEMA, FHWA, and any other applicable Federal,
State, or local agencies.
Contractor shall provide daily reports throughout the disaster event,
including updates for the daily briefing meetings; reports on the
review and validation of the DRC; cubic yard/tonnage reports that
provide the number of trucks and volume/tonnage of debris received
at each TDSRS as well as a total for all TDSRS; and a final report
following completion of debris recovery operations.
J. Contractor shall meet and follow the debris monitoring requirements
identified in the latest FEMA Public Assistance Debris Monitoring
Guide dated March 2021.
K. The Contractor shall retain records as specified by Exhibit B.
1.5.3 Load Ticket Process
A. The Debris Removal Contractor shall not be permitted to unload the
debris at a TDSRS/dump site without an approved Load Ticket
supplied by their assigned monitor.
B. The Contractor shall not receive a Load Ticket for any loads not
observed by a Load Site Monitor during loading without the approval
of the City of Sebastian.
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1.6 Documentation Manaqement and Support activities include, but are not
limited to:
1.6.1 Assisting the City in preparation of FEMA and State reports for
reimbursement, including training of City/Department employees and
review of documentation prior to submittal.
1.6.2 Working closely with County and State Emergency Management, FEMA,
and other agencies to ensure that debris collection, debris disposition and
all supporting data meet each agency's requirements for reimbursement
eligibility.
1.7 Subcontractors
1.7.1 The contractor shall perform with its own organization contract work
amounting to not less than 30 percent (or a greater percentage if specified
elsewhere in the contract) of the total original contract price, excluding any
specialty items designated by the City.
1.7.2 The contractor shall provide the City with an updated list of all
subcontractors including phone numbers of contact personnel.
1.7.3 Prior to the City assigning work, the Contractor shall provide the City with
an affidavit from each subcontractor stating there is a signed contract
between the Contractor and subcontractor.
1.7.4 The City may, at its discretion, limit the number of subcontract firms' workers
under the prime or sub -prime contractor at its sole discretion to ensure
safety and quality of work provided.
1.7.5 In its proposal to the City, the Contractor will provide information as to what
percentage of work described herein will be subcontracted.
1.8 Post -Event Requirements
1.8.1 The Contractor will assist with load inspections for storm debris cleanup
being performed by one or more debris hauling and disposal contractors or
City agencies.
1.8.2 The Contractor shall supply sufficient number of trained debris monitors and
trained field supervisors to accommodate the volume of debris to be
removed at loading sites and debris management sites or final disposal
sites.
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1.8.3 The Contractor shall remove and replace employees upon notice from the
City for conduct or actions not in compliance with the contract.
1.9 PERFORMANCE AND PAYMENT BONDS
1.9.1 This is a Stand-By/Pre-Event Agreement. Upon activation of the Stand-
By/Pre-Event Agreement, the City shall issue a Notice to Proceed, which
will provide an estimated cost, term, and Performance and Payment Bond
requirements. The City reserves the right to waive the Performance and
Payment Bond requirements. Within seventy-two (72) hours of a written
"Notice to Proceed" by the City, the Proposer must provide the recorded
bonds to the City, if required. No commencement of work shall be
authorized by the City without receipt of the Performance and Payment
Bond or alternative security if required.
1.9.2 The Performance and Payment Bond shall be submitted in the amount of
one hundred percent (100%) of the Notice to Proceed estimated cost, made
payable to the City of Sebastian, issued by a surety firm and through a
reputable and responsible surety bond agency licensed to do business in
the State of Florida. A contractor may file an alternative form of security in
cash, a money order, a certified check, a cashier's check, or a domestic
corporate bond, note, or debenture as authorized in s. 625.317.
1.9.3 The Bond will guarantee the completion of the Work covered by the
Contract Documents as well as the payment of all suppliers,
Subcontractors, and the Contractor's workforce. The Bond(s) shall not
contain a provision allowing the Surety(s) to cancel the Bonds prior to the
full Completion of the Contract, including the option to renew years. (Sample
Forms are provided for information purposes.)
1.9.4 The bond (s) shall be provided by a surety company authorized to do
business in the state of Florida, and approved by the city manager and city
attorney. In lieu of a bond(s) the contractor may furnish as security in favor
of the City a certified check, a cashier's check or an irrevocable letter of
credit.
1.9.5 The check or letter of credit shall be drawn on or issued by a bank
authorized to do business in the state of Florida. The form of the check or
letter or credit must be approved by the city manager and city attorney.
1.9.6 Attorneys -in -fact who sign bonds must file with each bond a certified and
effective dated copy of their power of attorney. Surety companies executing
bonds must appear on the Treasury Department's most current list (Circular
570 as amended), and be authorized to transact business in the state of
Florida.
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Exhibit "B"
Contract Provisions for Non -Federal Entities
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CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(APPENDIX II TO 2 CFR PART 200)
All contracts made by a non -Federal entity under a Federal award must contain provisions
covering the following, as applicable. These provisions are required and apply under
certain conditions when federal funds are expended to make purchases from this
solicitation by the City or for any contracts resulting from this procurement process.
1.1 TERMINATION FOR CAUSE AND CONVENIENCE
1.1.1. Remedies for violation or breach of contract: Remedies for violation or
breach of contract are addressed under Section 13.
1.1.2. Termination for cause and convenience: Termination for cause and for
convenience are addressed under Section 14.
1.2 EQUAL EMPLOYMENT OPPORTUNITY
1.2.1. Any contract that uses federal funds to pay for construction work is a
"federally assisted construction contract" and must include the equal
opportunity clause found in 2 C.F.R. Part 200, unless otherwise stated in 41
C.F.R. Part 60.7 .
1.2.2. The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise
provided or exempted in 41 C.F.R. Part 60, the insertion of the following
contract clause: "During the performance of this contract, the contractor
agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
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consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal
duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives
of the contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
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(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into
such litigation to protect the interests of the United States. The applicant further
agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality
or subdivision of such government which does not participate in work on or under
the contract. The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance. The applicant further agrees that it will refrain from entering
into any contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In
addition, the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred
until satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal
proceedings."
1.3 DAVIS-BACON ACT
1.3.1. This statute requires that contractors must pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in the
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Secretary of Labor's wage determination. Additionally, contractors are
required to pay wages at least once per week.
1.3.2. The Davis -Bacon Act only applies to the Emergency Management
Performance Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program, Transit Security Grant Program, Intercity
Passenger Rail Program, and Rehabilitation of High Hazard Potential Dams
Program. Unless otherwise stated in a program's authorizing statute, it
does not apply to other FEMA grant and cooperative agreement programs,
including the PA Program.
1.3.3. If the Davis -Bacon Act applies, a copy of the Department of Labor's current
prevailing wage determination will be included in the solicitation. The
contractor and subcontractors accept the prevailing wage determination by
submitting a proposal.
1.3.4. § 5.5 Contract provisions and related matters.
(a) Required contract clauses. The Agency head will cause or require the
contracting officer to require the contracting officer to insert in full, or (for
contracts covered by the Federal Acquisition Regulation (48 CFR chapter
1)) by reference, in any contract in excess of $2,000 which is entered into
for the actual construction, alteration and/or repair, including painting and
decorating, of a public building or public work, or building or work financed
in whole or in part from Federal funds or in accordance with guarantees of
a Federal agency or financed from funds obtained by pledge of any contract
of a Federal agency to make a loan, grant or annual contribution (except
where a different meaning is expressly indicated), and which is subject to
the labor standards provisions of any of the laws referenced by 5.1, the
following clauses (or any modifications thereof to meet the particular needs
of the agency, Provided, That such modifications are first approved by the
Department of Labor):
(1) Minimum wages
(i) Wage rates and fringe benefits. All laborers and mechanics
employed or working upon the site of the work (or otherwise working
in construction or development of the project under a development
statute), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of basic hourly wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment
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computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of this section,
the appropriate wage determinations are effective by operation of
law even if they have not been attached to the contract. Contributions
made or costs reasonably anticipated for bona fide fringe benefits
under the Davis -Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph (a) 1 v of this
section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics must be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification(s) of work actually performed, without regard to skill,
except as provided in paragraph (a)(4) of this section. Laborers or
mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classifications and wage rates conformed under
paragraph (a) 1 iii of this section) and the Davis -Bacon poster (WH-
1321) must be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been
determined to be prevailing under the procedures set forth in
29 CFR part 1, a wage determination may contain, pursuant
to � 1.3(f), wage and fringe benefit rates for classifications of
laborers and mechanics for which conformance requests are
regularly submitted pursuant to Daragraph (a)(1)(iii) of this
section, provided that:
(1) The work performed by the classification is not
performed by a classification in the wage determination
for which a prevailing wage rate has been determined;
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(2) The classification is used in the area by the
construction industry; and
(3) The wage rate for the classification bears a
reasonable relationship to the prevailing wage rates
contained in the wage determination.
(B) The Administrator will establish wage rates for such
classifications in accordance with paragraph (a)(1)(iii)(A)(3) of
this section. Work performed in such a classification must be
paid at no less than the wage and fringe benefit rate listed on
the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under
the contract be classified in conformance with the wage
determination. Conformance of an additional classification
and wage rate and fringe benefits is appropriate only when
the following criteria have been met-
(1) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; and
(2) The classification is used in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(C) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance aDdol.clov. The Administrator, or an
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authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time
is necessary.
(D) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBA conformance(5 dol. ao v. refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30
days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that
additional time is necessary.
(E) The contracting officer must promptly notify the contractor
of the action taken by the Wage and Hour Division under
paragraphs (a)(1 iii C and LQj of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph (a) 1 iii C or
of this section must be paid to all workers performing work
in the classification under this contract from the first day on
which work is performed in the classification.
(iv) Fringe benefits not expressed as an hourly rate. Whenever
the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. If the contractor does not make payments to a
trustee or other third person, the contractor may consider as part of
the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, in accordance with the
criteria set forth in 5.28, that the applicable standards of the Davis-
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Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program.
(vi) Interest. In the event of a failure to pay all or part of the wages
required by the contract, the contractor will be required to pay interest
on any underpayment of wages.
(2) Withholding —
(i) Withholding requirements. The [write in name of Federal agency
or the recipient of Federal assistance] may, upon its own action, or
must, upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor
or any subcontractor for the full amount of wages and monetary
relief, including interest, required by the clauses set forth in
paragraph (a) of this section for violations of this contract, or to satisfy
any such liabilities required by any other Federal contract, or
federally assisted contract subject to Davis -Bacon labor standards,
that is held by the same prime contractor (as defined in 5.2). The
necessary funds may be withheld from the contractor under this
contract, any other Federal contract with the same prime contractor,
or any other federally assisted contract that is subject to Davis -Bacon
labor standards requirements and is held by the same prime
contractor, regardless of whether the other contract was awarded or
assisted by the same agency, and such funds may be used to satisfy
the contractor liability for which the funds were withheld. In the event
of a contractor's failure to pay any laborer or mechanic, including any
apprentice or helper working on the site of the work (or otherwise
working in construction or development of the project under a
development statute) all or part of the wages required by the
contract, or upon the contractor's failure to submit the required
records as discussed in paragraph (a)(3)(iv) of this section, the
[Agency] may on its own initiative and after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case
may be, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
(ii) Priority to withheld funds. The Department has priority to funds
withheld or to be withheld in accordance with paragraph (a) 2 i or
b 3 i of this section, or both, over claims to those funds by:
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(A) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court -appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C.
3901-3907.
(3) Records and certified payrolls —
(i) Basic record requirements —
(A) Length of record retention. All regular payrolls and other
basic records must be maintained by the contractor and any
subcontractor during the course of the work and preserved for
all laborers and mechanics working at the site of the work (or
otherwise working in construction or development of the
project under a development statute) for a period of at least 3
years after all the work on the prime contract is completed.
(B) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis -Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(C) Additional records relating to fringe benefits.
Whenever the Secretary of Labor has found under paragraph
a 1 v of this section that the wages of any laborer or
mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program
described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the
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contractor must maintain records which show that the
commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such
benefits.
(D) Additional records relating to apprenticeship.
Contractors with apprentices working under approved
programs must maintain written evidence of the registration of
apprenticeship programs, the registration of the apprentices,
and the ratios and wage rates prescribed in the applicable
programs.
(ii) Certified payroll requirements
(A) Frequency and method of submission. The contractor
or subcontractor must submit weekly, for each week in which
any DBA- or Related Acts -covered work is performed, certified
payrolls to the [write in name of appropriate Federal agency] if
the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit the certified payrolls to
the applicant, sponsor, owner, or other entity, as the case may
be, that maintains such records, for transmission to the [write
in name of agency]. The prime contractor is responsible for the
submission of all certified payrolls by all subcontractors. A
contracting agency or prime contractor may permit or require
contractors to submit certified payrolls through an electronic
system, as long as the electronic system requires a legally
valid electronic signature; the system allows the contractor, the
contracting agency, and the Department of Labor to access the
certified payrolls upon request for at least 3 years after the
work on the prime contract has been completed; and the
contracting agency or prime contractor permits other methods
of submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(B) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph (a) 3 i B of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
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number for each worker (e.g., the last four digits of the worker's
Social Security number). The required weekly certified payroll
information may be submitted using Optional Form WH-347 or
in any other format desired. Optional Form WH-347 is available
for this purpose from the Wage and Hour Division website at
https://www. dol. qov/sites/dolgov/files/WHD/legacv/files/wh34
7/.pdf or its successor website. It is not a violation of this
section for a prime contractor to require a subcontractor to
provide full Social Security numbers and last known
addresses, telephone numbers, and email addresses to the
prime contractor for its own records, without weekly
submission by the subcontractor to the sponsoring government
agency (or the applicant, sponsor, owner, or other entity, as
the case may be, that maintains such records).
(C) Statement of Compliance. Each certified payroll
submitted must be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(1) That the certified payroll for the payroll period
contains the information required to be provided under
paragraph (a)(3)(ii) of this section, the appropriate
information and basic records are being maintained
under Paragraph (a)JQ i of this section, and such
information and records are correct and complete;
(2) That each laborer or mechanic (including each
helper and apprentice) working on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
and
(3) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits
or cash equivalents for the classifications) of work
actually performed, as specified in the applicable wage
determination incorporated into the contract.
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(D) Use of Optional Form WH-347. The weekly submission
of a properly executed certification set forth on the reverse side
of Optional Form WH-347 will satisfy the requirement for
submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(C) of this section.
(E) Signature. The signature by the contractor, subcontractor,
or the contractor's or subcontractor's agent must be an original
handwritten signature or a legally valid electronic signature.
(F) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(G) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
(iii) Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract
and related documents including, without limitation, bids, proposals,
amendments, modifications, and extensions. The contractor or
subcontractor must preserve these contracts, subcontracts, and
related documents during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
(iv) Required disclosures and access —
(A) Required record disclosures and access to workers.
The contractor or subcontractor must make the records
required under paragraphs (a)(3)(i) through iii of this section,
and any other documents that the [write the name of the
agency] or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by 5.1, available for
inspection, copying, or transcription by authorized
representatives of the [write the name of the agency] or the
Department of Labor, and must permit such representatives to
interview workers during working hours on the job.
(B) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails
to submit the required records or to make them available, or
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refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs such
workers, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon
request or to make such records available, or to permit worker
interviews during working hours on the job, may be grounds for
debarment action pursuant to � 5.12. In addition, any
contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for submission
of records. WHD will determine the reasonableness of the
request and may consider, among other things, the location of
the records and the volume of production.
(C) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the [write in name of appropriate Federal agency] if the
agency is a party to the contract, or to the Wage and Hour
Division of the Department of Labor. If the Federal agency is
not such a party to the contract, the contractor, subcontractor,
or both, must, upon request, provide the full Social Security
number and last known address, telephone number, and email
address of each covered worker to the applicant, sponsor,
owner, or other entity, as the case may be, that maintains such
records, for transmission to the [write in name of agency], the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
(4) Apprentices and equal employment opportunity
(i) Apprentices
(A) Rate of pay. Apprentices will be permitted to work at less
than the predetermined rate for the work they perform when
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they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who
is not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship Agency
recognized by the OA withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to use
apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(B) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(C) Apprenticeship ratio. The allowable ratio of apprentices
to journey workers on the job site in any craft classification
must not be greater than the ratio permitted to the contractor
as to the entire work force under the registered program or the
ratio applicable to the locality of the project pursuant to
paragraph (a) 4 i D of this section. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph (a) 4 i A of this
section, must be paid not less than the applicable wage rate
on the wage determination for the classification of work
actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under this
section must be paid not less than the applicable wage rate on
the wage determination for the work actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
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wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
(ii) Equal employment opportunity. The use of apprentices and
journeyworkers under this part must be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract.
(6) Subcontracts. The contractor or subcontractor must insert in any
subcontracts the clauses contained in paragraphs (a)(1) through 11 of this
section, along with the applicable wage determination(s) and such other
clauses or contract modifications as the [write in the name of the Federal
agency] may by appropriate instructions require, and a clause requiring the
subcontractors to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for the
compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in this section. In the event of any violations of these
clauses, the prime contractor and any subcontractor(s) responsible will be
liable for any unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower -tier
subcontractors, and may be subject to debarment, as appropriate.
(7) Contract termination: debarment. A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract, and for
debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All
rulings and interpretations of the Davis -Bacon and Related Acts contained
in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract.
(9) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
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contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it
nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(ii) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of 40
U.S.C. 3144(b) or 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
1.4 COMPLIANCE WITH THE COPELAND `ANTI -KICKBACK' ACT
1.4.1. Compliance with the Copeland "Anti -Kickback" Act for all contracts subject
to the Davis -Bacon Act
1.4.2. Contractor. The contractor 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.
1.4.3. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the Federal
awarding agency may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all of these contract
clauses.
1.4.4. Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 CFR § 5.12."
1.5 COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT.
1.5.1. This required contract provision applies to all procurements over $100,000
that involve the employment of mechanics, laborers, and construction
work.36 These requirements do not apply to the purchase of supplies or
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materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
1.5.2. For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-
(4) is provided here for ease of reference:
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (b)(1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed
in violation of the clause set forth in paragraph (b)(1) of this section, in the
sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph
(b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (insert name
of grant recipient or subrecipient) 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 contractor or subcontractor under any such contract or
any other federal contract with the same prime contractor, or any other
federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
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responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (b)(1) through (4) of this section."
1.6 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
1.6.1. Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of "funding agreement" under 37 CFR �_ 401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 CFR Part 401. "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
1.7 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
1.7.1. "Clean Air Act"
The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq. The contractor agrees to report each violation to the (insert
name of non-federal entity entering into the contract) and understands and
agrees that the (insert name of the non-federal entity entering into the
contract) will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance
provided by FEMA.
1.7.2. "Federal Water Pollution Control Act"
The contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the federal Water Pollution Control Act, as
amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each
violation to the (insert name of the non-federal entity entering into the
contract) and understands and agrees that the (insert name of the non-
federal entity entering into the contract) will, in turn, report each violation as
required to assure notification to the (insert name of the pass -through entity,
if applicable), Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance
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provided by FEMA."
1.8 DEBARMENT AND SUSPENSION:
1.8.1. The debarment and suspension clause is required for all contracts and
subcontracts for $25,000 or more, all contracts that require the consent of
an official of a federal agency, and all contracts for federally required audit
services
1.8.2. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and
2 C.F.R. Part 3000. As such, the contractor is required to verify that none
of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)
or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply
with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and
must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into. This certification is a material
representation of fact relied upon by (insert name of
recipient/subrecipient/applicant). If it is later determined that the contractor
did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
subpart C, in addition to remedies available to (insert name of
recipient/subrecipient/applicant), the federal government may pursue
available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while
this offer is valid and throughout the period of any contract 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."
1.9 BYRD ANTI -LOBBYING AMENDMENT:
1.9.1. The Byrd Anti -Lobbying Amendment clause and certification are required
for contracts of more than $100,000, and for subcontracts of more than
$100,000.
1.9.2. "Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of more than $100,000 shall file
the required certification. Each tier certifies to the tier above that it will not
and has not used federally 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
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forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the federal awarding agency."
1.10 PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322):
1.10.1. In the performance of this contract, the Contractor shall make maximum use
of products containing recovered materials that are EPA -designated items
unless the product cannot be acquired —
Competitively within a timeframe providing for compliance with the contract
performance schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is
available at EPA's Comprehensive Procurement Guidelines webpage:
htti)s://www.ei)a.gov/smm/comprehensive- procurement-guideline-cpq-program.
The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
1.11 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE EQUIPMENT OR SERVICES:
1.11.1. "Prohibition on Contracting for Covered Telecommunications Equipment or
Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country;
covered telecommunications equipment or services; interconnection
arrangements; roaming; substantial or essential component; and
telecommunications equipment or services have the meaning as defined in FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216
prohibit the head of an executive agency on or after Aug.13, 2020, from
obligating or expending grant, cooperative agreement, loan, or loan
guarantee funds on certain telecommunications products or from certain
entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the
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contractor and its subcontractors may not use grant, cooperative
agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of
any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or
service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or
as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as
part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract,
or other contractual
instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part
of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing
(i) A service that connects to the facilities of a third -party, such as
backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that such
equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not
apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any
system; and
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Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
Sfj3ASTj,&]N
HOME OF PELICAN ISLAND
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not
considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of any
system, or as critical technology as part of any system, during contract
performance, or the contractor is notified of such by a subcontractor at any
tier or by any other source, the contractor shall report the information in
paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the
information.
(2) The Contractor shall report the following information pursuant to
paragraph (d)(1) of this
clause:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier
Commercial and Government Entity (CAGE) code (if known); brand;
model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions
undertaken or recommended.
(ii) Within 10 business days of submitting the information in
paragraph (d)(2)(i) of this clause: Any further available information
about mitigation actions undertaken or recommended. In addition,
the contractor shall describe the efforts it undertook to prevent use
or submission of covered telecommunications equipment or
services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications
equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including
this paragraph (e), in all subcontracts and other contractual instruments."
1.12 DOMESTIC PREFERENCES FOR PROCUREMENTS:
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Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
Sfj3ASTj,&]N
HOME OF PELICAN ISLAND
1.12.1. As appropriate, and to the extent consistent with law, the contractor
should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in
the United States. This includes, but is not limited to iron, aluminum, steel,
cement, and other manufactured products.
1.12.2. For purposes of this clause:
Produced in the United States means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer -based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass,
including optical fiber; and lumber.
1.13 MINORITY BUSINESSES AND WOMEN'S BUSINESSES
1.13.1. As required by CFR Title 2, §200.321 (b)(6), Contractor must take the
following affirmative steps in the hiring of any subcontractors: i) Placing
qualified small and minority businesses and women's business
enterprises on solicitation lists. ii) Assuring that small and minority
businesses, and women's business enterprises are solicited whenever
they are potential sources. iii) Dividing total requirements, when
economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business
enterprises. iv) Establishing delivery schedules, where the requirement
permits, which encourage participation by small and minority businesses,
and women's enterprises; and v) Using the services and assistance, as
appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of
Commerce
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
25-10-RFP Page 57 of 61
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF Sf
BASTI_A1V�T
HOME OF PELICAN ISLAN1)
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (FEDERAL PROGRAM REQUIREMENTS - FEMA)
In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the
following provisions are required by the Federal Emergency Management Agency
("FEMA") when federal funds are expended to make purchases from this solicitation by
the City or for any contracts resulting from this procurement process.
2.1 ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and
subcontractors shall give access to the City of Sebastian, the appropriate Federal
agency, the Comptroller General of the United States, or any of their duly
authorized representative to any books, documents, papers, and records of the
vendor which is directly pertinent to this specific Bid for the purpose of making
audit, examination, excerpts, and transcriptions.
2.1.1. To the extent Contractor maintains information that is subject to a public
record request, it shall provide the public access to such records in
accordance with, and subject to the applicable statutory terms and fees.
Failure to do so will be considered a material breach of the original
Agreement resulting in immediate termination with no penalty to City of
Sebastian, and Contractor will indemnify and hold the City of Sebastian
harmless for any and all damages and expenses suffered as a result of the
material breach and contract termination.
2.2 DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department
of Homeland Security ("DHS") seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA preapproval.
2.3 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE
ORDERS: This is an acknowledgment that FEMA financial assistance will be used
to fund the contract only. The Contractor will comply with all applicable federal
laws, regulations, executive orders, FEMA policies, procedures, and directives.
2.4 NO OBLIGATION BY FEDERAL GOVERNMENT: The Federal Government is
not a party to this contract and is not subject to any obligations or liabilities to the
non -Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
2.5 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS: The Contractor acknowledges the 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to this contract.
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Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
Sfj3Ar>Tl,&N
HOME OF PELICAN ISLAND
Exhibit "C"
Price Proposal
25-10-RFP Page 59 of 61
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY Of -
As, l �I
HOME OF PELICAN ISLAND
Schedule of Positions Debris Monitoring Services - Year 1 & 2
Solicitation # 25-10-RFP
Solicitation Title: Disaster Debris Monitoring Services
Company Name
True North Emergency Management
Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work,
such as mobilization and demobilization, the operator, supervision, fuel, repairs, overhead and profits, insurance, lodging, meals, transportation, rentals, safety
gear, telephone costs, cameras, GPS devices and all other materials, items and miscellaneous expenses associated with providing the requested services.
Item No.
Position
Hours*
Hourly Rate
Extended Price
1
Project Manager
360
$
69.00
$
24,840.00
2
Operations Manager
360
$
20.00
$
7,200.00
3
Data Manager
360
$
55.00
$
19,800.00
4
GIS Analyst
360
$
20.00
$
7,200.00
5
Field Supervisor
360
$
55.00
$
19,800.00
6
Debris Site/Tower Monitor
360
$
39.00
$
14,040.00
7
Final Disposal Site Monitor
360
$
39.00
$
14,040.00
8
Field Monitors
360
$
39.00
$
14,040.00
9
Data Entry Clerk
360
$
29.00
$
10,440.00
10
Billing/Invoice Analyst
360
$
29.00
$
10,440.00
Total Proposal Price
$
141,840.00
Note: * Hours shown above are for price proposal evaluation purposes only and do not represent actual or anticipated volume of contract work
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY Of -
As, l �I
HOME OF PELICAN ISLAND
Schedule of Positions Debris Monitoring Services - Year 3
Solicitation # 25-10-RFP
Solicitation Title: Disaster Debris Monitoring Services
Company Name
True North Emergency Management
Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work,
such as overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and
miscellaneous expenses.
Item No.
Position
Hours*
Hourly Rate
Extended Price
1
Project Manager
360
$
70.00
$
25,200.00
2
Operations Manager
360
$
21.00
$
7,560.00
3
Data Manager
360
$
56.00
$
20,160.00
4
GIS Analyst
360
S
21.00
$
7,560.00
5
Field Supervisor
360
S
56.00
$
20,160.00
6
Debris Site/Tower Monitor
360
S
39.50
$
14,220.00
7
Final Disposal Site Monitor
360
$
39.50
$
14,220.00
8
Field Monitors
360
$
39.50
$
14,220.00
9
Data Entry Clerk
360
$
30.00
$
10,800.00
10
Billing/Invoice Analyst
360
$
30.00
$
10,800.00
Total Proposal Price
$
144,900.00
Note: * Hours shown above are for price proposal evaluation purposes only and do not represent actual or anticipated volume of contract work
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
$AS'1'I
HOME OF PELICAN ISLAND
Schedule of Positions Debris Monitoring Services - Year 4
Solicitation # 25-10-RFP
Solicitation Title: Disaster Debris Monitoring Services
Company Name
True North Emergency Management
Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work,
such as overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and
miscellaneous expenses.
Item No.
Position
Hours*
Hourly Rate
Extended Price
1
Project Manager
360
$
70.00
$
25,200.00
2
Operations Manager
360
$
21.00
$
7,560.00
3
Data Manager
360
$
56.00
$
20,160.00
4
GIS Analyst
360
$
21.00
$
7,560.00
5
Field Supervisor
360
$
56.00
$
20,160.00
6
Debris Site/Tower Monitor
360
$
39.50
$
14,220.00
7
Final Disposal Site Monitor
360
$
39.50
$
14,220.00
8
Field Monitors
360
$
39.50
$
14,220.00
9
Data Entry Clerk
360
$
30.00
$
10,800.00
10
Billing/Invoice Analyst
360
$
30.00
$
10,800.00
Total Proposal Price
$
144,900.00
Note: * Hours shown above are for price proposal evaluation purposes only and do not represent actual or anticipated volume of contract work
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY Of -
As, l �I
HOME OF PELICAN ISLAND
Schedule of Positions Debris Monitoring Services - Year 5
Solicitation # 25-10-RFP
Solicitation Title: Disaster Debris Monitoring Services
Company Name
True North Emergency Management
Proposer submits the following prices for the work described in this solicitation. Rates provided include all costs associated with the performance of the work,
such as overhead and profits, lodging, meals, transportation, rentals, safety gear, telephone costs, cameras, GPS devices and all other materials, items and
miscellaneous expenses.
Item No.
Position
Hours*
Hourly Rate
Extended Price
1
Project Manager
360
$
70.00
$
25,200.00
2
Operations Manager
360
$
21.00
$
7,560.00
3
Data Manager
360
$
56.00
$
20,160.00
4
GIS Analyst
360
$
21.00
$
7,560.00
5
Field Supervisor
360
$
56.00
$
20,160.00
6
Debris Site/Tower Monitor
360
$
39.50
$
14,220.00
7
Final Disposal Site Monitor
360
$
39.50
$
14,220.00
8
Field Monitors
360
$
39.50
$
14,220.00
9
Data Entry Clerk
360
$
30.00
$
10,800.00
10
Billing/Invoice Analyst
360
$
30.00
$
10,800.00
Total Proposal Price
$
144,900.00
Note: * Hours shown above are for price proposal evaluation purposes only and do not represent actual or anticipated volume of contract work
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
Docusign Envelope ID: 465E4FF3-441A-437F-897C-1AB1381DEFCD
CITY OF
Sfj3Ar>Tl,&N
HOME OF PELICAN ISLAND
Exhibit "D"
Debris Removal City Overview and Zone Map
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