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Resolution No. 2021-30 Debris Tech LLC Agreement for Disaster Debris Monitoring Service - June 1, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING STAFF'S RECOMMENDATION OF DEBRIS TECH, LLC AS THE CITY OF AVENTURA'S DISASTER DEBRIS MONITORING SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited and reviewed proposals from firms to provide, professional services relative to Disaster Debris Monitoring Services (RFP No. 21-03-24-3); and WHEREAS, City staff has negotiated fees and scope of services with the selected firm (Debris Tech, LLC.) and recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain agreement between the City of Aventura and Debris Tech, LLC for disaster debris monitoring services. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this resolution. Section 3. The Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Shelley, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2021-30 PASSED AND ADOPTED this 1st day of June, 2021 . Er ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: V4 P;'� CITY ATTORNEY Page 2 of 2 v i �. C14 CO th CIL C Qi c � Nr U') CL r� as : 0, m 0 Cc a F® �sto � ® p Qi t t Qj to ui E a CL CL � � 4 0 DISASTER DEBRIS MONITORING SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND DEBRIS TECH, LLC This Disaster Debris Monitoring Services Agreement ("Agreement") is made as of the 1st day of June, 2021 ("Effective Date") by and between the City of Aventura, Florida, a Florida municipal corporation ("City") and Debris Tech, LLC, ("Contractor"), (individually as a"Party," or collectively as the "Parties"). WHEREAS, on February 23, 2021, the City issued a Request for Proposal for Disaster Debris Monitoring Services RFP#21-03-24-3 ("UP"), attached hereto as Exhibit "A," soliciting Disaster Debris Monitoring Services ("Services"); and WHEREAS, on or before March 24, 2021, Contractor submitted a response to the RFP ("Proposal"), attached hereto as Exhibit `B," and was subsequently deemed the top ranked proposer; and WHEREAS,the City desires to engage Contractor for the Services specified herein under the terms of this Agreement. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Contractor hereby agree as follows: 1. EXHIBITS. The RFP, attached hereto as Exhibit "A," the Proposal, attached hereto as Exhibit "B," and the Payment Schedule, which is attached hereto as Exhibit "C," are incorporated herein and made a part of this Agreement. In the event there is a conflict between any provisions in this document and any provision in any attached Exhibit, the parties agree that the provisions of this document shall be controlling. In the event there is a conflict between the Payment Schedule and the other Exhibits, the parties agree that the Payment Schedule shall be controlling. 2. TERM: a. The initial term of the Agreement is for three (3) years from the Effective Date of this Agreement. This Agreement may be renewed at the City's option for two (2) additional one year periods provided both the Contractor and the City agree and all terms and conditions remain the same. If Contractor cannot renew at the same I terms, conditions, and prices, Contractor must notify City on/before 90 days of contract expiration date. Such renewals shall be evidenced by a written amendment to this Agreement executed by both Parties. This Agreement and any amendment shall be subject to fund availability and mutual written agreement between the City and the Contractor. b. Consideration of price increases at each renewal period will be given provided such escalations are justified, reasonable and acceptable to the City. Any price increases must be documented and approved by the City. It is also expected that de-escalation of prices will be extended to the City if the market so reflects. 3. SCOPE OF SERVICES. During the term of this Agreement, Contractor shall provide Disaster Debris Monitoring Services pursuant to the "Scope of Services" set forth in the Proposal, which is attached hereto as Exhibit "A," which is incorporated herein by reference. In performing the Scope of Services, Contractor shall comply with all Federal Emergency Management Agency ("FEMA") requirements in addition to any and all applicable Federal, State and local laws, regulations, statutes,rules, and ordinances. Public Assistance Program and Policy Guide. The Contractor is bound by and must comply with the requirements of the FEMA Public Assistance Program and Policy Guide, which is hereby incorporated by reference and available online at this link: https://www.fema.gov/media-library/assets/documents/1 11781 4. COMPENSATION. In consideration of Contractor's satisfactory performance of the Scope of Services on behalf of the City pursuant to this Agreement,the City shall pay the Contractor pursuant to the Contractor's Payment Schedule, attached as Exhibit"C,"which is attached hereto. Contractor shall provide the City with an invoice on a monthly basis. For services completed and performed,fees shall be paid in arrears each month,pursuant to Contractor's invoice, which shall be based upon Services completed for each task invoiced. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval an acceptance of the Services by the City Manager or designee. No payments shall be due or payable for Services not performed or materials not furnished. If there is a dispute with regard to an invoice, the City may withhold payment until all requested supporting materials are received from Contractor and the dispute is resolved. 2 5. RELATIONSHIP OF THE PARTIES. During the term of this Agreement, the relationship of the Parties shall be that of the client and independent contractor. The City shall not control the means and methods used by Contractor in performing the Services. Contractor shall perform the Services at the request of the City Manager or his designee. Nothing set forth in this Agreement shall be construed to create the relationship of employer and employee or principal and agent between the City and Contractor. Contractor shall not act or attempt to act or represent itself, directly or indirectly or by implication, as an employee of the City or in any manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of the City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits of the City, nor any rights generally afforded City employees. Contractor further understands that Florida Worker's Compensation benefits available to employees of the City are not available to Contractor or to any employee or agent of Contractor. All employees and subcontractors of Contractor shall be considered to be, at all times, the sole employees or contractors of Contractor, under its sole direction and not an employee, contractor or agent of the City. By signing this Agreement, Contractor accepts a fiduciary duty with the City and warrants and represents to the City that Contractor: a. Has all licenses and certifications required by applicable Law to perform the Contractor's Services; b. Is experienced in all aspects of the work required for projects similar to the Project; c. Will act in the City's highest and best interest in performing the Contractor's Services; and d. Has executed a "Sworn Statement on Public Entity Crimes," asserting that no employee or affiliate of Contractor, including all Subcontractors and Suppliers (if any), at any tier, has been convicted of a public entity crime pursuant to Section 287.133, Florida Statutes, within the preceding thirty(36) months from the date of execution of this Agreement. Contractor further acknowledges that any misstatement or misrepresentation of fact, lack of compliance with the statute, or subsequent conviction of a public entity crime shall result in this Agreement being null and void and/or subject to immediate termination by the City. In the event of such termination, the City shall not incur any liability for any work or materials furnished by Contractor. The Contractor acknowledges and agrees that the City is relying on these representations 3 and covenants as a material inducement to enter into this Agreement. 6. CONTRACTOR WARRANTIES. Contractor represents and warrants that Contractor is free to enter into the terms of this Agreement and that Contractor has no obligation to any third party or otherwise that are inconsistent with any of its provisions. Contractor further represents and warrants that Contractor: (i) has not and will not disclose to others any confidential business information or trade secrets belonging to the City or to any third party; (ii) will not and does not intend to use any confidential information or trade secrets belonging to any third party in connection with the performance of Contractor's obligations to the City hereunder; and (iii) has not and will not remove any books, papers, or records belonging to the City or to any third party including,business plans, confidential customer information, or confidential or proprietary information about any City or third party's products or services. This Section 6 shall survive termination of this Agreement. 7. TERMINATION OF CONTRACT: a. The City reserves the right to terminate this Agreement any time and for any reason upon giving thirty (30) days' notice to Contractor. b. If said Agreement should be terminated for convenience as provided herein, the City will be relieved of all obligations under this Agreement. The City will only be required to pay that amount of the contract actually performed to the date of the termination. Upon such payment, both parties shall be relieved of any further obligations under this Agreement. C. Default: In the event that the Contractor cannot adequately perform the Scope of Services for any reason, the Contractor shall advise the City, as soon as possible, and further advise as to the length of said inability. The City may then consider said Contractor's inability to perform to be a breach of this Agreement, and may undertake the necessary work through its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Agreement. d. This Agreement may also be terminated by the City Manager, or designee upon such notice as the City Manager, or designee deems appropriate under the circumstances in the event the City Manager or designee determines that termination is necessary to protect the public health, safety, or welfare. 4 8. INSURANCE. Contractor shall furnish insurance certificates indicating satisfactory insurance coverage at its sole cost and expense, maintain in full force and effect during the term of the Agreement, policies of insurance of the type and in the minimum amounts stated in Exhibit A, the RFP. 9. INDEMNIFICATION. a. The parties agree that 1% of the total compensation paid to the Contractor for the performance of this agreement shall represent the specific consideration for the Contractor's indemnification of the City as set forth in this Section. b. Contractor shall indemnify, defend and hold harmless the City Commission, the City of Aventura and their agents and employees from and against all claims, damages,losses and expenses,(including attorney's fees) arising out of or resulting from the Contractor's performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or damage or destruction of property including the loss of use resulting therefrom and(b)is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The provisions of this Indemnification section shall survive the termination of this Agreement. 10. NON-SOLICITATION. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee,commission,percentage,gift,or any other consideration,contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the Agreement Price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 11. MISCELLANEOUS. a. Notices. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in 5 writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States mail: To City: City of Aventura Attn: Ronald Wasson, City Manager 19200 West Country Club Drive Aventura, FL 33180 With a Copy to: David M. Wolpin, Esq., City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, FL 33301 To Contractor: Debris Tech, LLC Attn: Brooks Wallace 925 Goodyear Boulevard Picayune, MS 39466 b. Compliance with Laws. Contractor agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction. Contractor shall make its services available to City residents without regard to race, color, creed, religion, national origin, sexual orientation or sex, or as otherwise provided by law. C. Severability. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence,word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement)and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision 6 would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances. d. Successors and Assigns. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other party. e. Headings. The sections headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. f. Survival of Terms. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement. g. Waiver. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. h. Force Maieure. Non-performance of Contractor or the City shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of and not caused by the negligence of the non-performing Party ("Force Majeure"), provided that the non-conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. i. Governing Laws. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this 7 Agreement shall be the Circuit Court of Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which in any way arises out of this Agreement or the Services. j. Entire Agreement. This Agreement and the Exhibits hereto, constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous written, and all previous or contemporaneous oral, negotiations, understandings, arrangements, and agreements. In the event of conflict between this Agreement and the Exhibits, the provisions of this Agreement shall control. Unless expressly provided for otherwise in this Agreement,this Agreement may be amended only by a written amendment signed by both Parties hereto. k. Access to Records and Audit Clause. Contractor agrees to permit the City to examine all records which are, in any way,related to the Services provided and this Agreement, and grants to the City the right to audit any books, documents and papers of Contractor that were generated during the course of the administration of this Agreement. Contractor shall maintain the records, books, documents and papers associated with this Agreement in accordance with the "Public Records Act," and in accordance with the Florida Statutes. Upon the City's request, Contractor shall provide the City with copies of all public records related to this Agreement, at no cost to the City. 1. Nonexclusive. The services to be provided by Contractor pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 12. CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW. 1. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. 2. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 8 3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created exclusively in connection with this Agreement are and shall remain the property of the City. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 6. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)(a), Florida Statutes 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 W. Country Club Drive Aventura, FL 33180 Telephone number: (305) 466-8901 Email: horvathe(acityofaventura.com (This Space Left Intentionally Blank) 9 IN WITNESS WHEREOF, Contractor has signed and delivered this Agreement, and the City has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. CITY OF AVENTURA, FLORIDA By: 'U Ronald J. on, City Manager ATTEST: Ellisa L. Horvath, M City Clerk (SEAL) !' APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF AVENTURA, FLORIDA, ONLY vid . Wolpin, City Attorney CONTRACTOR: By: Brooks R. Wallace, Manager 10 EXHIBIT A SCOPE OF SERVICES Sep Disaster Debris Monitoring Services Request for Proposal RFP# 21-03®2 -3, Section 3, pages 2 ®3 . Disaster Debris Monitoring Services Request for Proposal €P#21 SECTION 3 SERVICES SOUGHT ®1 INTENT The Cityof Aventura, Florida (the "City") is inviting the submission of proposals from qualified firms to providedisaster debris monitoring services for the City. Subsequent to e City Commission's adoption of a Resolution authorizing the City Manager to negotiate n agreement with the highest-rankingfian, the City will enter into an agreement i a prime contractor, and mayenter into a similar agreement with backup contractors. By submitting a pro os I, a proposer agrees to be the primecontractor i awarded the prime contractor ifselected s a backupcontractor, a proposer agrees to enter into backup contract. 3.2 INTRODUCTION The City has a diverse population of over 37,790 andsir to engage the services o a qualified firm(s) to provide disaster debris monitoring services n the associated management and accountingservices that are required urin n emergency. The successful contractor(s) shall be responsible for monitoring the recovery orts of the Debris Removal Contractor(s) ( ) in the field in accordance with Federal Emergency Management Agency ( ) guidelines, rules, regulations n olicies, and to process the subsequent resulting on r ctor(s) invoices on behalf of thei on an as-needed basis. Whether specifically u lie rein or not, any activity(s) requiring oni orin o the process and successful invoice filing for FEMA reimbursement r considered a oft is scope of services. The City is located in the Intracoastal Waterway in Northeast corner of Miami-Dade County and is approximately 3.2square iles in size. The City ventur sires to speed up removal of debris after an emergency, and therefore, it is anticipated the Debris Removal Contractor(s) would performthe initial clearing n removal e ris following an event for a minimumof one week. Depending on the extent of damagen the County's ability to respond in a timely manner, the City may choose to extend the cleanup period o the first week. II firms must be licensed to do business in Florida and be in good standing wi i i® a e County and the City of Aventura and give the City of Aventurapriority status. All firms shall comply ith the FEMA Provisions set forth in Section 3, Item .11. Must be in full compliance with all local codes, OSHA Safetyn r s, FEMA guidelines, rules and regulations, (including u not limited o FEMA fact sheet 9580.203) as amended from time to time The State of FloridaCo ( s amended from time to time) will apply. 03 BACKGROUND Page 29 19200 West Country Club Drive Aventura,FL 33180 3 5-466- 9 cityofaventura.co 6112 lid Disaster Debris Monitoring itoring ervic es Request for Proposal � - RFP.##21-0 - 4- k e City of Aventura is located in the northeast comer of Miami-Dade County and is approximately 3°2 square miles in size and has a diverse population of over 38,000. The City is located on the Intracoastal Waterway in Northeast Miami-Dade County and is conveniently located between Miami and Fort Lauderdale just east of I-95. The northern of the City is the i ®Dade/13roward County line, the western is the FEC Railroad, the eastern is the Intracoastal watery and the southern boundary is NE 1761 Street. The City delivers a majority of its public and Public Works/Transportation by utilizing firms employing sound business practices with an emphasis on excellence and effective customer service principles. 3.4 SERVICES SOUGHT The purpose of this request for proposal is to establish the most effective,efficient,and innovative methods of providing the highest quality services to the City. Disaster Debris Monitoring.,Services The City of Aventura requires the following services: 1. The Debris Monitoring Contractor(D Q shall provide trained field(debris)monitors, stump/tree removal monitor,hanger monitors, leaner monitors,tower monitors,residential drop-off site monitors and supervisory and accounting staff as required by the City. 2. Review,Permits,Licenses and Certificates: A wide variety of permits,licenses,and certificates may be required to perform debris management work, depending on the assignment. The Consultant will work closely with the City and local agencies and regulators to clarify and resolve any compliance issues,as well as to determine requirements for and to obtain necessary permits,licenses and certificates, if requested. In these cases,the Consultant will identify the requirements and demonstrate compliance,even though permits are not required. Some of the permits that we anticipate being required for this type of work include,but may not be limited to the following: A. Environmental Permits—asbestos/lead paint abatement,construction permit,demolition permits B. Clean Water Act DES}Permits—emergency discharge permit,indirect discharge permit,wetlands disturbance permit,and stonn water management permit C. Clean Air Act(Emissions)Permits—bum permit(air curtain incinerators), stack- monitoring permit, fugitive emissions(dust)control permit. D. TDSRS and Final Disposal permits or authorizations from F°DEP and the County DERM if appropriate. All final disposal sites must be pre-approved by the CITY, 3. Consultant will mobilize a staff of sufficient size to adequately monitor debris operations. During this period,the Project Manager will provide daily updates on debris removed and estimate the time remaining for job completion. 4. The D C shall provide one Project Manager(PM)who shall remain within the City throughout the duration of the storm d subsequent cleanup who will supervise all the field monitoring activities. Page 30 19200 West Country Club Drive Aventura,FL 3310 @ 305-466- 0 cityofaventura°corn Disaster Debris Monitoring Services Request for Proposal P#21-03.24.3 A. The Project Manager must have the following experience: 1) Experience demonstrating current capacity and current expertise in debris removal, solid waste and hazardous waste management and disposal. Must demonstrate experience as a Project Manager or equivalent capacity managing hurricane debris monitoring for a government entity involving a minimum of 15 ,000 cubic yards of debris. 2) Documented owledge and experience of Federal, State and Focal emergency agencies, state and federal programs, funding sources and reimbursement processes. Include on page 11,the information above forte Project Manager to include resumes fort e Project Manager,Operations Manager and jots descriptions for other key personnel.Job descriptions shall also be provided for any other position added y the proposer. The proposer shall also submit a management plan and organization chart. 5. The Project Manager(PM)shall be available to attend daily meetings throughout the recovery process,until the City no longer needs the P 's input. Substitutions of the personnel in this position,is prohibited and can only occur with explicit prior approval by the City. The PM shall report to the Public Works/Transportation Director or their designee 24 hours prior to a hurricane event. For other natural disasters,the PM shall report to the Public Works/Transportation Director or their designee within 12 hours after notification. A. The PM must have the following experience: The PM who shall be responsible for the overall monitoring of debris contractors and the management of the consultant's monitoring team shall be the City's point-of-contact. At the availability of the City,the PM will be physically located in the Emergency Operations Center(EOC)or other location specified by the City. The PM shall assign an operations manager to oversee each debris recovery contractor. The P will be supported by the fall array of resources to enhance efficiency and expedite deliverables. The PM's responsibilities include: 1) Coordinating daily briefings,work progress,staffing,and other key items with the City. 2) Scheduling work for all team members and contractors on a daily basis. 3) Scheduling and managing field staff. 4} Monitoring recovery contractor's progress and making/implementing recommendations to improve efficiency and speed up recovery work. 5) Assisting the City with responding to public concerns and comments. 6) Conducting safety inspections. 7) Ensuring compliance with contracts by all subcontractors. 8) Scheduling and running periodic meetings with field staff and contractors. 6. The I} C shall provide other trained erso e1 and supervisors as required to manage the field monitoring activities. Page 31 19200 West Country Club Drive Aventura, FL 33180 a 305-466-8900 a cityofaventura.corn Disaster Debris Monitoring Services Request for Proposal RFP #21-03-24-3 A. The PM who shall be responsible for the overall monitoring of the Consultant shall be prepared to staff a project management team consisting of the follow' members; however,final determination of staffing will be made by the CITY depending on need: I) project Manager 2) Operations Managers 3) FE A Coordinator 4) Scheduler/Expediters 5) GIS Analyst 6) Field Supervisors 7) Debris Site/Tower Monitors 8) Environmental Specialist 9) Project Inspectors(Citizen SiteMonitors) 10) project Inspectors(Load Ticket Data Entry Clerks/ A/ C)Billing and Invoice Analysts 11) Administrative Assistants 12) Field Coordinators(CrewMonitors) The Consultant may use other required positions as necessary with the written approval of the City's Public Works/Transportation Director or their Designee. All such positions and applicable hourly rates shall be listed in the cost proposal. 7. Consultant will provide a quality control team consisting at a minimum of two(2)monitors per site and one(1)monitor per recovery crew. This team will monitor the recovery contractors for contract compliance, efficiency and regulatory compliance. They will provide feedback to the City through their management team. They shall be equipped with state-of- the-art technology,which include digital cameras,computers and other communication devices and GPS units with an accuracy of three(3)meters. A. Response Time/Mobilization: The consultant shall comply with the following requirements: 1) Reporting to EGC—The PM,and at his discretion other key personnel,shall report to e EOC at a minimum of 24 hours prier to a hurricane event, if requested by the City. For other natural or mamnade disasters the consultant shall report within six(6) hours after notification. 2) Debris Sites e Consultant shall ensure that site monitors as specified below are deployed and operational commensurate with the beginning of debris collection and the establishment of debris sites. At a minimum,monitoring shall consist of the following personnel: a) Two(2)staff per debris site b) Final determination of staffing for debris recovery crews will be made by the CITY as the field environment may require B. Responsibilities of the Quality Control Team: Page 32 19200 West Country Club Drive Aventura,FL 33180 305-466- 9 cityofaventura.com Ili��wii WIN; III A Mail ; w mom= Disaster Debris Monitoring Services Request for Proposat FlFP#21-03-24-3 r 1) Documenting daily and weekly recovery work,ensuring that proper records are maintained for trip tickets and recovery costs. 2) Inspecting means and methodsto measure and record work and recommending changes that may be needed. 3) Stopping work in progress that is not being performed or documented in the appropriate manner. 4) Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. 5) Checking work in progress to make sure that the proper work authorizations,permits, and other prerequisites have been received. 6) Reporting on any improvements in work assignments and/or efficiency/productivity that may be appropriate. 7) Maintaining digital photo documentation of recovery work on a weekly basis. All photographs presented shall show the address, description in detail of hangers, stumps and leaners removed. The team shall photograph every stump and leaner removed as well as a random sample of hangers removal activities and GPS coordinates. 8. The Consultant will prepare and submit operational reports throughout the duration of the recovery operations. Daily reports shall document the debris contractors' activities and progress from the previous day and shall be submitted by 10:30 A.M.to a distribution list established by the City Project Manager. Each daily report submitted will contain the following minimum information: A. Contractor name B. Contract number C. Reports and graphs to delineate production rates of crews and their equipment,progress by area and estimations of total quantities remaining,time to completion,and daily cumulative cubic yards of debris removed,processed and hauled. D. GIS mapping data updates and digitized reports. E. All GIS layers required will be provided to the Contractor by the City's Public Works/Transportation Department,prior to an event or as soon as possible to ensure up to date files and consistency in field structure. All GIS data must be in an ESRI format 8.3 or higher version. Personnel geo-database is acceptable based on size restraints. F. Scanned documents should be at a minimum 300 dpi and in jpg,tiff or pdf file format. 9. Technical Expertise and Guidance—As directed by the City,the Consultant shall provide: A. A comprehensive emergency management plan to include plan development;plan review,and plan revisions. E. Safety assessment to include plan development,procedure development, staff training, and staff`augmentation. C. Safety assessments of facilities. D. A comprehensive mitigation program to include development of a mitigation plan, staff training,cost benefit analysis,project management,environmental review and staff augmentation. E. Development of debris plan to include staff training. Page 33 19200 West Country Club Drive 9 Aventura,FL 33180 9 305-466-8900 9 cityofaventura.corn f�e xs Pi Disaster Debris Monitoring ring Services Request for Proposal �t -2 �FP#i 21 F. Project management to include the formulation and management of permanent work projects,task farce management and management services for Commissions,Boards and Panels. G. Technical support and assistance in developing public information. H. Other reports and data as required by the City. 10. The Monitors shall have vehicles,telephones,meals, lodging arrangements, safety gear, cameras,CAPS devices,and other incidentals necessary to work up to 12-hour days,and up to 7 days per week during an emergency. All direct cost associated with monitoring(including those aforementioned)shall be included in the unit rate for the monitor or supervisor. The Monitors shall complete tickets provided by the Contractor to verify and validate. A. Date B. Preprinted Ticket Number C. Contract Number and Contractor's Name D. Truck Number E. Truck Capacity in Cubic Yards F. Load Size,either in Cubic Yards or Tons (including percent full and certified capacity) C.I. Truck Driver's Name and Company Name H. Debris Classification: I. Burnable(if applicable) I Non-Burnable K. Mixed L. Vegetative M. Construction and Demolition Debris N. Other O. Zone/Sector P. Dumpsite Location and Destination Q. Loading Time(from work site) R. Dumping Time(at disposal site) S. Loading SiteMonitor's Name and Signature T. Dumping Site Monitor's Name and Signature U. Loading Location by Full Address or Nearest Landmark V. Loading Location by GPS coordinates,marked on the ticket and provided in electronic file. The GPS unit shall maintain a location accuracy level of three(3)to five(5)meters. The LIPS collection data shall contain the following fields: DataJTime, Ticket number, Operator ID,and Latitude/Longitude(in decimal degrees). The data file shall be exportable in a computer readable Comma Delimited format(*.CVS). The GPS exported data file names shall be uniquely names including the area,Operator Name and date. The file naming convention shall be from: area a e -d e(the 1st letter of each word shall be capitalized). This GPS file name shall be record on each of the Ticket documents. W. Crew Number and Hangers per Tree(or hangers) X. Crew Number and Tree Diameter(for Le ers) Y. Any other information required by the City or deemed pertinent by personnel providing the information. Page 34 19200 West Country Club Drive s Aventura,FL 33180 s 305-466-8900 a cityofaventura.com is Disaster Debris Monitoring Services Request for Proposal FP#21-03--24-3 11. The D C shall certify the capacity of each Contractor(s)Truck used during the emergency, to include the following: A. Truck Number E. Truck Driver's Name and phone Number C. Date D. Certified Capacity as Measured by the D C in the field,to include inside dimensions E. DC Representative's Name and signature(personnel who is certifying the capacity) F. Contractor's Name G. Truck License Plate Number H. Truck Re-Certifications shall be conducted by the DMC and shall be conducted as needed and as well as when directed by the City I. The D C shall maintain all truck certification sheets as well as an electronic summary of truckcertifications. 12. The D C shall provide up to 30 trained Field Monitors,as needed for each disaster,as determined by the City. Field,Right-of-Way,Road and Debris Monitors are equivalent for the purpose of this Agreement. These Monitors shall be available and ready to work in accordance with the following schedule: A. Within three(3)calendar days of disaster—ten(10)monitors E. Within seven(7)calendar days of disaster—twenty(20)monitors 13. The D C shall provide up to two(2)trained Tower Monitors at one time,as needed for each disaster,as determined by the City. Each tower must be staffed by two(2)Tower Monitors to handle load tickets and verify debris amounts. 14. The D C shall provide up to two(2)trained Residential op-off Site Monitors at one time, as needed for each disaster,as determined by the City. These monitors shall be available within three(3)calendar days of the disaster and will record the license tag number of each residential vehicle that brings debris to ResidentialDrop-off sites. 15. The D C shall maintain all Contractor(s)tickets processed during the recovery' review all Contractor(s)invoices and make a recommendation as to how much of the invoice should be paid based on the tickets collected and the truck certification sheets in d. No ticket shall be recommended for payment unless the truck indicated on that ticket has a corresponding truckcertification form, signed by the D C. Contractor(s)invoices shall be reviewed and a recommendation regarding payment shall be made by the DMC within fourteen(14)calendar days of the City giving the invoice to the D C. Each recommendation shall contain: A. The Contractor(s)' Invoice E. The C's cover letter recommending payment C. All back-up spreadsheets verifying the recommendation of payment D. All tickets associated with recommendation of payment E. Truck certification forrns F. Any other data pertinent to the payment of the Contractor(s)' invoice by the City Page 35 19200 West Country Club Drive a Amventura,FL 33180 e 305-466-8900 e cityofaventura.ce Disaster Debris Monitoring Services Request for Proposal y RFP#21-03-24-3 16. All data created or received by the D C shall be maintained in an electronic file and provided to the City and/or FE A when needed. 17. The City will provide the D C a list of publicand/or private roads to include the Federal Highway Assistance Roads(F A)and may require the D C to ensure that debris is collected only on roads that are eligible for reimbursement. 18. The D C shall provide a Phase I Environmental Assessment of each of the'Temporary Debris Disposal Sites within four(4)weeks of the request by the City. This effort shall be invoiced to the City at cost plus ten percent(10%)(i.e.the cost a firm or a laboratory to conduct the Phase I Enviromnental Assessment plus a 10%mark-up for the D C). The cost of each Phase I Environmental Assessment shall be approved by the City prior to any work being done. 19. The D C shall assist the City in sessin the rehabilitation of Temporary Debris Disposal sites by the Contractor(s). 20. The D C shall mark and take a digital picture of the trees/stumps to be removed with a numerical system. 21° The D C shall provide an estimated capacity by survey of each pile of vegetation material at each Residential Drop-off Site within four(4)weeks of the request by the City. This effort shall be invoiced to the City at cost plus 10%(i.e.the cost of a surveyor to survey and estimate the total cubic yards of all piles plus a 10%mark-up for the D C). The cost of each survey shall be approved by the City prior to commencement of any work. 22. Any other specialty direct costs required and approved by the City shall be invoiced to the City at cost plus 10%. 23. The D C shall attend all meetings pertaining to disaster debris recovery and shall provide meeting minutes of all meetings within three(3)business days after the meeting. 24. The D C shall invoice the City every two(2)weeks or monthly, at the 13 C's discretion. 25° When the City issues a Notice to Proceed to the D C,the City and the D C shall determine the positions and number of persons required to adequately provide the services. A. The City shall review DC's staffing level as necessary and direct DIVIC to adjust personnel accordingly. The City may perform on-site inspections to verify staffing needs. E. During this period,the PM will provide daily updates on the services and estimate the time remaining for job completion. C. The D C shall provide continuous service on an hourly basis at the agreed upon rates. Hours worked and type of work performed must be documented on weekly ti esheets signed by the person performing the work and the PM. The City may verify work being performed. Page 36 19200 West Country Club Drive 9 Aventura,FL 33180 e 305-4 - 900 e cityotaventura.cern Malmoloran!III! ISO Oil Disaster Debris Monitoring Services Request for Proposal RFP#r 21-03- 4- 26. For the purposes of the IZFP,the City has assumed a certain number of personnel hours required(Proposal Fee Form). This assumption is for proposal purposes only and does not restrict the City's ability to request personnel as needed. 27. The D C shall provide other disaster relief services as required by the City. A. Training and Assistance: Sessions for all key City personnel and assistance in all Disaster debris recovery-planning efforts as requested. E. Preliminary Safety Assessment: Determine the impact and magnitude of the disaster event before federal assistance is requested,identifying hangers,leaners, stumps and safe trees,pre and post disaster estimates of debris quantities,documenting eligible costs and describing the physical and financial impact of the disaster. C. Debris Planning Efforts: Assist in all disaster debris recovery planning efforts as requested by the City. These planning efforts shall include but are not limited to development of a debris management plan,assistance in the identification of adequate temporary debris storage and reduction sites,estimation of debris quantities,and emergency action plans for debris clearance following a disaster event. D. Digitization of all source documentation(such as load tickets and supplies to the City with each invoice). E. Pre and Post soil sampling of the site. F. A full-size evaluation,including maps of locations and surveys(wetlands,threatened and endangered species). G. Permitting,Licensing and Certifications. H. Follow the best management practices as outlined in the FloridaStormwater Erosion and Sedimentation Control Inspector Manual. 28. The D C shall provide GIS support as necessary and as required by the City to assist the City in delineating loading locations of debris. This information will be especially important in the reimbursement process as FE A has typically not reimbursed for debris collected on private roads. 29. Assessment of Debris Accumulation In Drainage Canals: Consultant will assist the City in assessing and documenting the debris accumulation and safety issues in the City's drainage canals and provide the City with a GIS map depicting canals requiring focused maintenance,with GIS files s. 30. Event Closure: Consultant will assist the City in preparing final reports necessary for reimbursement by FEMA,FHWA and any other applicable agency for disaster recovery efforts by City staff and designated debris removal contractors,in an effort to achieve the maximum allowable reimbursement. The Consultant will assist in reviewing and processing requests for payment by the disaster debris removal contractors. 31. The D C Final Report: Page 37 19200 Test Country Club give 9 Aventura,FL 33180 a 305-466-8900 9 cityotaventura.ca Disaster Debris Monitoring Services Request for Proposal PAP#21-03-24-3 k, A final report will be prepared by the Consultant and will be submitted to a distribution list as established by the City Project Manager within 30 days of completion of the recovery operations.Recovery Operations includes remediation of sites,closure of sites and conclusions of all related operations. At a minimum,the following information will be included in this report, A. Discussion of disaster response requirements and results. B. Recommendations for future disaster response strategies. C. Copies of manifests,certificates,and related documents. D. bog books and all other data taken during the implementation of the Disaster Response Plan. SKILLS PERSONNEL OF THE FIRM Using a maximumfor pages,8 1/2" X 11",describe the experience of the project manager, d other key personnel as it relates to this project. Name specific projects (successfully completed within the past 5 years)where the project Manager and other key personnel of the firm have performed previously. Specifically,provide resumes of the project manager, operations manager and brief job descriptions for other key personnel. Job descriptions for any other positions added by the proposer to the Cost proposal shall also be provided. Specifically identify the management plan and provide an organizational chart for the team; the organizational chart will be in addition to the four-page maximum. 3.5 PROPOSALFORMAT The proposal must be in the following order and format listed below. Refer to Section 4 for all forms. Failure to do so may cause the proposal to be rejected. Removal of any part of the proposal may invalidate the proposal. RFPs having an erasure or corrections must be initialed by the proposer in ink. Proposals shall be signed in and all quotations shall be typed. 4.1 Respondent's Certification 4.1 A Proposal Schedule for Disaster Debris Monitoring Services 4.2 No Bid or Proposal Response 4.3 Proposer Questionnaire 4.4 Client Reference betters 4.5 Other References 4.6 Indemnification Clause 4.7 Sworn Statement Pursuant to Section 287.133 (3)(a),Florida Statutes 4.8 Business Entity Affidavit 4.9 Drug-Free Workplace Affidavit 4.10 Anti-Kickback Affidavit 4.11 Non-Collusive Affidavit 4.12 Scrutinized Companies Pursuant to Section 287.135,FloridaStatutes Page 3 19200 West Country Club Drive a Aventura,FL 33180 e 3 5-466- 900 a cityofaventura.com EXHIBIT PAYMENT SCHEDULE 4.11A PROPOSAL SCHEDULE FOR DISASTERDEBRIS Request rProposal 1- shall Include it Iassociated performance of the contract including li lodging, rentals,meals, transportation, safety gear, telephone costs, cameras, GPS devices, and other materials TM At 76.00 112e 112 $ 7.280.00 o 00 1.8moo. on �}g} 1 e 1 Tower Mankors ......_.....,____ i 329,40-0.00 ._,. 00 112 3.920.00 ppk t 36.00 168 1 $ 5,080.00 0.00 �. 00. 3500 1e 5, TOTAL t 1 Any wmftm l be Wed at to hwrly rate nxftoied by 1. . t ) ksW an this form .*Haws are t Intended to repreamt the actual contract of OW NOWO to PrOCOW r EXHIBIT C SUSPENSIONCERTIFICATION REGARDING DEBARMENT, I CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY AT°T° ®Certification in accordance with Section 29.510 Appendix A, C,F, ,idol. 53,No, 102,page 19210 and 19211: (1) The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals: (a) are not presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against there 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; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification: and ( ) have not within a three-year period preceding this application/proposal had one or ore public transactions(federal, state or local) terminated for cause or default; (e) has not either directly or indirectly entered into any agreement participated in any collusion;or otherwise taken any action in restraint of free competitive negotiation in connection with this CONTRACT. (2) The CONTRACTOR rt er certifies,to the best of his/her knowledge and belief, that: (f) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer oremployee of any Federal agency, a member of Congress, an officer oremployee of Congress, or employee of a member of Congress in connection with the awarding of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (g) If any fiands other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of employee of Congress, or any employee of a member of Congress in connection with this CONTRACT, Standard Fo -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions will be completed and submitted. The certification contained in (1) and (2) above is a material representation of fact upon which reliance is placed and a pre-requisite imposed by Section 1352, Title 31, U. S. Code prior to entering into this CONTRACT. Failure to comply shall be subject to a civil penalty of not less than $10,000 and not more than $100,000. The CONTRACTOR shall include the language of the certification in all subcontracts exceeding $100,000 and all sub-contractors shall certify and disclose accordingly. I hereby certify that I am the duly authorized representative of the CONTRACTOR for purposes of making this certification, and that neither 1, nor any principal, officer, shareholder or employee of the above firm has: (a) employed or retained for commission, percentages, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONTRACTOR)to solicit or secure this agreement, (b) agreed, as an express or implied condition for obtaining this CONTRACT, to employ or retain the services of any firm or person in connection with carrying out the agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bone fide employee working solely for me or the above CONTRACTOR) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as herein expressly stated (if any). I acknowledge that this Agreement may be furnished to the Federal Emergency Management Agency, in connection with the Agreement involving participation of federal disaster relief funds, and is subject to applicable state and federal laws, both criminal and civil. SO CERTIFIED this day of MayJ_8_, 20_21. DebrisTech, LLC Wallace B rooks�� ATTEST: &Mvk y Commission Expires: December 7. 2021 Notary in 122302 DEBRA McCORMICK A, Dec 7011 60 Disaster Debris Monitoring Services Request for Proposal RFP# 21-0 - -3 PROPOSAL SCHEDULE FOR DISASTER DEBRIS MONITORING SERVICES Request for Proposal 1 -11- HourlyI include II costs (unless otherwisespecified) associated i performancethe contract, including li i overhead r fit, lodging, meals, transportation, rttf , safety gear, telephone costs, cameras, GPS devices, and other materials 1°rl HOURLY RATES* S** TOTAL POSPro t Pvler�a er 75.00 112 8,400.00 Office Sqptnq r $ No Charge 84 $ 0.00 rations an ors $ 65.00 112 $ 7,280.00 FEMA Coordinator $ 85.00 150 $ 12,750.00 ch ulerd diters $ No Charge 84 $ 0.00 Truck Certifier $ 45.00 40 $ 1,800.00 Field SuptEvisors $ 45.00 336 $ 15,1 0.00 TowerMonitor's $ 35.00 840 $ 29,400.00 nviro 922ntal iaGsts 65.00 40 $ 2,600.00 Project Inspectors (Citizen Site Monitors' $ 35.00 112 3,920.00 Cl cialist $ No Charge 40 $ 0.00 Residential Cr Site Monitors $ 35.00 168 $ 5,660.00 Billing/invoice Analyst (load ticket data en Clarke/ $ o Charge 40 $ 0.00 Administrative Assistants o Charge 40 $ 0.00 t Field Monitors $ 35.00 1,000 $ 35,000.00 TOTAL $ 122,150.00 y overtime Will be billed at the hourly rate multiplied y 1. . Overtime is not to be included in any rate(s) listed on this form Hours are not intended to represent the actual contract amount, but are an estimated re n tion of a typical work week. The actual contract value will be negotiated with successful proposer(s)pdor to issuance of the Notice to Proceed for each event. Page 52 19200est Country Club Drive a Aventura,FL 33180 305 66- 9 cityo venturaxorn