O'Brien's Response Management, LLC d042 a
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
O'BRIEN'S RESPONSE MANAGEMENT, L.L.C.,
FORMALLY KNOWN AS
O'BRIEN'S RESPONSE MANAGEMENT, INC.
FOR EMERGENCY DISASTER DEBRIS MONITORING SERVICES FOR THE CITY OF
MIAMI BEACH, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 28-11/12
THIS AGREEMENT made and entered into this 4th day of October , 2013
(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139 (hereinafter referred to as City), and O'BRIEN'S RESPONSE
MANAGEMENT, L.L.C., a Delaware, limited liability company having its offices at 1501
M Street, 5t'' Floor, Washington DC 20005 (hereinafter referred to as Contractor).
SECTION 1
1.1 DEFINITIONS
Agreement: This Agreement between the City and Contractor.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Data Entry Personnel: Employee of the Contractor who enters data gathered or
transmitted by the field monitors and prepares required documentation and reports.
Data Manager: Employee of the Contractor that supervises the Data Entry operations
and documentation process.
Debris: Scattered items and materials broken, destroyed, or displaced which are
generated by an event and are located within a designated area.
Debris Collection Monitor: Employee of the Contractor who observes the Debris
Removal Contractor removing Debris from assigned areas.
Debris Management Plan: The City's plan establishing policies, procedures, and
guidelines for recovery from Debris generating events, including any amendments
thereto.
Debris Manager: The City's designated individual or his/her authorized designee who
serves as the point of contact for the Contractor under this Agreement.
Debris Removal Contractor: A person(s) or entity (ies) under contract with the City to
remove the Debris according to federal and State of Florida (State) guidelines.
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Disposal Site Monitor: Employee of the Contractor assigned to the Debris disposal site,
to manage disposal operations and monitor the Debris Removal. Contractor's
performance. The Monitor's duties include, but are not limited to, ensuring that Debris is
eligible and to quantify and accurately document Debris loads consistent with Federal
Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA)
guidelines.
Emergency Operations Center (EOC): A central command and control facility
responsible for carrying out the principles of emergency preparedness and emergency
management/disaster management functions at a strategic level in an emergency
situation.
Exit Site Monitor: Employee of the Contractor who observes outbound trucks at
temporary Debris management sites.
Federal Emergency Management Agency (FEMA): FEMA is a branch of the Federal
Government that provides funding sources for activities during an event declared a
disaster by the President of the United States. FEMA eligible Debris removal is for the
second and subsequent passes on FHWA roadways and all removal on other roadways
not part of the Federal aid system.
Federal Highway Administration (FHWA): FHWA, through the Emergency Relief
Program administered by the City, is a federal funding source for work on Federal-Aid
roadways and facilities. FHWA has designated federal aid roadways (also known as "on-
system" roadways) that are eligible for emergency relief funding.
Field Coordinator: Employee of the Contractor who oversees general field operations,
including monitors
GIS/IT Specialist: Employee of the Contractor to support field monitoring and
documenting services and link such gathered information with City systems.
Hand Held Units (HHU): Devices used to write data to, and read data from, removable
storage media. The HHU are used in electronic Debris monitoring.
Notice to Proceed: Written notice issued to the Contractor by the City fixing the date on
which work outlined in a Task Order will commence.
Project: The scope of work as identified in a Task Order.
Project Manager: Employee of the Contractor who functions as the point of contact for
the City and is responsible for the overall supervision, management, and.coordination of
Contractor's work and services under this Agreement including, without limitation,
Contractor's Debris clearance, removal disposal, and monitoring operations.
System: The word "System" is used in reference to the electronic portion of electronic
Debris monitoring.
System Database: An electronic compilation of all information gathered or reconciled.
Task Order: A written, detailed scope of service to be provided by the Contractor
identifying the work and services, costs, time limits, and other terms required for a
specific Project. The Task Order is not valid unless signed by the authorized agents for
the City and the Contractor.
Temporary Debris Management Sites TDMS : A Florida Department of Environmental
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Protection authorized site where Debris is stored, reduced, burned, grinded, or sorted.
Debris resides at the site for a relatively short period of time prior to final disposal during
the Debris management process.
Ticket Manager: Employee of the Contractor responsible for overseeing the electronic
ticket processing.
Tower Monitor: Employee of the Contractor who observes the contents of trucks of the
Debris Removal Contractor removing Debris from assigned areas.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 GENERAL
The City is entering into this Agreement pursuant to City Request for Proposals No. 28-
11/12 for Emergency Disaster Debris Monitoring Services, together with all amendments
thereto (the RFP), and Contractor's proposal (the Proposal) in response thereto (the
RFP and Contractor's proposal are collectively referred to as the "Proposal Documents,"
and are attached and incorporated as Attachment E hereto).
The Proposal Documents shall set forth the Services to be provided pursuant to this
Agreement which shall include, without limitation, the Services (and the terms and
conditions related thereto) in this Section 2.
The Services will be provided by the Contractor to suffice all requirements, as may be
required by FEMA, which provides public assistance funds for Debris clearance, removal
and disposal operations. The Contractor acknowledges that its successful performance
of the Services is a critical component in the justification and documentation of any
application for FEMA public assistance funding.
Contractor shall be solely responsible for deploying any and all trained Debris Monitors
to observe and document Debris removal activities which include, but are not limited to,
monitoring the following: field operations regarding all storm generated Debris; Debris
pick-up; Debris hauling; Debris staging and reduction; Debris management including,
without limitation, temporary Debris storage site management; and final disposal of
Debris to an approved facility.
Roads and other City facilities will be identified by the City, and direction will be given to
the Contractor in accordance with the Debris Management Plan. The City reserves the
right to add or remove highway segments at the discretion of the Debris Manager.
The.City, in its sole discretion, may elect to perform work and/or services contemplated
under this Agreement with in-house forces; other contractors; or may cancel this
Agreement at any time, without cause and/or for its convenience.
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The Contractor shall have experience in the FHWA Emergency Relief Program (FHWA-
ER), the FEMA Public Assistance Program (FEMA-PA), and other applicable federal,
State, and/or local programs to assist the City in its emergency response and recovery
efforts.
Proper documentation by the Contractor, as required by FHWA and FEMA, is required
for all Debris removal monitoring operations, to ensure reimbursement to the City from
the appropriate agency (ies).
The Contractor must follow the requirements set forth under FHWA 1273-Required
Contract Provisions Federal-Aid construction Contracts (Attachment "F" hereto).
The Contractor will be responsible for tracking all-of the Agreement costs and adhering
to the not to exceed limit, as defined herein. Proper notification must be given to the City
as costs approach this limit.
The Services will commence upon authorization by the City. No guarantee on minimum
or maximum amounts per item is made under this Agreement. No adjustment to prices
will be considered due to increases or decreases in estimated quantities or fuel costs.
2.2 PERSONNEL(QUALIFICATIONS
1. Project Manager: Must have a minimum of five (5) years of experience in disaster
Debris management. The Project:Manager must also be a permanent employee of the
Contractor.
2. Field Coordinator: Must have a minimum of two (2) years of experience in disaster
Debris management.
3. Debris Collection Monitors, exit site monitors, Disposal Site Monitors, and or Tower
Monitors must have a high school diploma or GED, and be adequately trained in Debris
operations.
4. Data Manager: Must have a minimum of two (2) years of experience working with a
relational database management system. The data manager will work under the
supervision of the Project Manager.
5. GIS/IT Specialist: Must possess extensive experience in geographical information
system (GIS) mapping and information technology (IT) and associated database
management.
2.3 SERVICES TO BE PROVIDED BY THE CONTRACTOR
A. ADMINISTRATION
The listed Services shall be performed by the Contractor:
1. The Contractor shall ensure daily reports are provided to the city's Debris Manager or
his/her designee and other key City personnel within a minimum number of hours
following request by the Debris Manager. The Contractor shall ensure that Debris
monitors report within a minimum number of hours after a Debris generating event.
2. It is the responsibility of the Contractor to assist the City in performing:
a) Contract administration
b) Damage assessment
c) Post-storm Debris quantifications
d) Response operations planning
e) Environmental permitting of Temporary Debris Management Sites
f)Truck certification
g) Debris removal monitoring
h)Quality assurance and quality control of all documentation pertaining to Debris
removal monitoring.
i) Assist in troubleshooting collection delays and other operational issues in work
areas.
j)Assist the City in responding to public inquiries.
k) Be available to address questions from FEMA and FHWA both during and after
Services related to a Task Order have been performed.
3. Provide assistance as needed pre-Debris generating event, which may require
contractor to establish a location in the City.
B. DEBRIS MONITORING OPERATIONS
The Contractor shall coordinate with the Debris Manager to schedule Debris removal
monitoring and operations. Project Manager, shall oversee the Debris removal
operations. The Project Manager shall be the point of contact for the City. The Project
Manager shall assign field coordinator(s) to oversee the Debris Removal Contractor(s),
Monitors, and Data Manager.
The Project Manager's duties include, but are not limited to, the following:
1. Ensure a sufficient number of trained Debris monitors are available to monitor the
"First Push" (cut&toss) operations.
2. Ensure a sufficient number of trained Debris monitors are available to monitor all "First
Pass" (and subsequent passes) of Debris removal and hauling activities.
3. Provide Tower Monitors / Disposal Site Monitors to observe and record all Debris
loads entering the Temporary Debris Management Sites.
4. Provide Tower-Monitors/ Disposal Site Monitors to observe and record all Debris
loads exiting the Temporary Debris Management Sites for final disposal.
5. Provide Data Entry and document processing personnel, as applicable.
6. Conduct safety meetings with field staff, as necessary.
7. Respond to and document issues regarding complaints, damages, accidents or
incidents involving the Contractor or City personnel and ensure that they are fully
documented and reported.
8. Coordinate daily briefings with the Debris Manager and the Debris Removal
Contractor, including daily status reports of work process and staffing.
9. Ensure the documentation of environmental authorizations and/or permits for
Temporary Debris Management Sites and final disposal.
10. Review and reconcile Debris Removal Contractor invoices submitted to the City.
11. Preparation of interim operations and status reports and final report, as directed by
the City.
C. FIELD MONITORING
The Contractor shall provide trained staff in sufficient numbers to adequately monitor all
operations supervised by Field Coordinator(s). Duties of Coordinators shall include, but
are not limited to, the following:
1. Truck certification and documentation of all vehicles used in the Debris removal
activities.
2. Quality assurance / quality control (QA/QC) of truck certification measurements
throughout the Debris removal process up to and including disposal.D
3. Provide monitoring services and documentation of all eligible Debris removal activities
from Federal Aid eligible roadways— First Push (Cut& Toss) and First Pass.
4. Provide monitoring services and documentation of all eligible Debris removal activities
on non-Federal Aid eligible roadway — "First Push" and "First Pass" — as directed by the
City.
5. Provide monitoring services and documentation of all eligible Debris removal activities
from second and subsequent passes on all roadways, as directed by the City.
6. Ensure that ineligible Debris is not collected by the Debris Removal Contractor, unless
directed in writing by the City.
7. Disposal Site Monitor / tower monitors will observe and record the truck quantity
estimates of inbound and outbound Debris.
8. Exit site monitors will observe that all outbound trucks are fully discharged of their
load prior to exiting of the Temporary Debris Management Site.
9. Monitors will ensure that accurate, legible, and complete documentation is provided
through load tickets, truck certifications, and/or other logs and reports, as required by the
City.
10..Maintain photo documentation of the Debris removal trucks and activities, specifically
of the hazardous stump removal process, hangers, leaners, or tree removal, and/or
other special or unusual occurrences in the field.
11. Monitor TDMS restoration, conduct final inspections, and deliver closeout reports.
12. Document and report activities to the City which may require remediation, such as
fuel spills, hazardous materials collection locations, and other similar environmental
concerns.
13. Document and report to the City damages which occur on public or private property
as a result of the Debris removal operations.
14. Document and report to the City any violations of Department of Environmental
Protection's (DEP) Debris site conditions.
15. If DEP Debris site conditions are violated, the Contractor shall oversee tasks
sufficient to satisfy the DEP performed by the Debris Removal Contractor.
D. DATA MANAGEMENT AND DOCUMENTATION
The Contractor shall ensure all necessary documentation is provided as follows:
1. Ensure all eligible Debris removal operations activities are documented and tracked
specific to the FHWA-ER Program, the FEMA PA Program or other applicable Federal,
State, or local agencies.
2. Documentation of the number of crews and types of equipment utilized, actual hours
of operation, and locations of work performed during the time and materials phase of
operations.
3. Completion of truck certifications, equipment certifications safely checklists, and
establishment of a Quality Assurance/Quality Control (QA/QC) program throughout the
removal process up to and including disposal.
4. Load tickets documenting the eligible Debris removal and/or disposal activities by the
applicable program (FHWA — ER or FEMA PA), and/or other federal, State or local
programs, as outlined in and in accordance with the Debris Management Plan.
5. Documentation of eligible hazardous stump removal hangers, leaners or tree
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removal which includes photos, GPS coordinates street or milepost identifier, and/or
other information, as available and applicable.
6. Environmental authorizations and/or permits, as applicable.
7. Daily electronic spreadsheet summaries of cubic yards / tons collected. The daily
summary shall be communicated to the Debris manager.
8. Production in electronic format (scanned) and paper copies of all documentation for
submittal to Federal and/or State agencies.
9. Provide certified weight measurements if required.
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10. Create field maps using the City's GIS, as well as track and present clearing
progress in GIS. The City will expose ESRI ArcGIS Map Services for map creation and
record the progress.
11. Organize, maintain, and provide the City electronic copies of documentation, in a
format and manner acceptable to the Debris Manager. All documentation and
information related to the Project shall be surrendered to the City upon completion of a
Project.
12. The Contractor may exercise the option to utilize electronic Debris monitoring and if
chosen, the Contractor should utilize a system that is comparable with or upgraded
based on current technology with the requirements set forth in Sections 2.3, E through
G, here of.
E. EQUIPMENT REQUIREMENTS
1. Data Storage Media — .Debris management data will be stored and transferred on
encryption protected data storage media. All data media will be provided by the
Contractor. Data must include a unique user ID which identifies the user's role, limits the
user's ability to collect or validate information, etc. and employs an anti-tampering
mechanism. The Contractor shall provide media to each person performing a Debris
mission role that result in data collection (i.e., drivers, ticket managers, etc).
2. Handheld Units (HHU) - The Contractor will provide weather proof and shock resistant
and be rugged and durable handheld units (HHU) for recording Debris management
data in the field. These HHU devices will be capable of writing data to, and reading data
from, the removable data storage media. HHU's shall have the capability to locate the
position of any recoding using integrated or external GPS device and record this location
with the recorded data. The HHU's will perform two functions: (1) Recording of initial
load data information; and (2) verification of vehicle certification, and recording of Debris
type and quantity and (3) All field units will be operated by stand-alone power sources
which will allow the units to perform uninterrupted for a shift. .
(a) HHU's capable of recording truck certification data onto driver removable media are
used at the truck certification area. Truck certification records will include truck
measurements, Truck ID, Driver ID and a digital photograph of the truck and trailers.
(b) HHU's capable of recording user ID information, including a unique user ID, digital
photograph and any additional user information required for system operation.
(c) GPS- HHU units shall have integrated or external GPS capability. The recorded GPS
location will have an accuracy of three (3) meters or less. The HHU shall automatically
record the location without any additional manual effort each time the HHU unit records
and retrieves information related to the Debris mission. The GPS location shall be
recorded in Florida State Plan Coordinates East in feet (NAD 1983 State Plane Florida
East FIPS 0901 Feet).
3. Durable Printer— The Contractor shall provide a durable printer to print load tickets at
the request of the City. Once the tower monitor completes the load data entries the
information shall be transmitted to the printer. The printer will print a minimum two (2)
copies of the ticket. Two copies shall be given to the driver (one copy for the driver and
the other for the Debris Removal Contractor). The HHU should have program flexibility
to alter the number of printed tickets. The printed ticket paper and print shall be of a
quality that the print is not affected by harsh weather conditions and does not fade over
time, nor smear or deteriorate due to moisture or UV rays. All field units will be operated
by stand-alone power sources which will allow the units to perform uninterrupted for a
minimum of a shift.
4. Server(s) — The Contractor shall provide computer servers for the storage and
maintenance of records. The data contained in the Contractor's database shall be made
available on the Internet for controlled use, and be password protected. Upon
completion of work and services pursuant to a specific Task Order, the Contractor shall
surrender all records related to such work and services to the City.
5. Back-up equipment — In the event of equipment malfunction, loss or damage, the
Contractor shall assure a sufficient supply of replacement equipment and personnel are
available such that production is not affected. The back-up equipment shall be readily
available on-site for rapid distribution.
6. GIS —The City shall provide an ESRI ArcGIS Rest Map Service to be used as a base
map to visually illustrate work zones, ticket and tower personnel locations and activities,
work progress, historically and/or environmentally sensitive areas, geospatial data, and
other mission informational needs from the data gathered by the HHU's.
7. Internet Accessible database — The Contractor will establish a web based database
which is updated daily if not real-time. The data shall be accessible, by permission only,
to neighborhood's, local and State officials and others on a "need to know" basis.
Database access will be role-based and no direct access to the data tables shall be
allowed, unless approved by the City.
F. GENERAL ELECTRONIC DEBRIS MONITORING SYSTEM PARAMETERS
1. The system must utilize an encryption protected removable data storage device. The
data storage device will store data collected in the field, such as fields from traditional
Debris paper load tickets as well as truck certification information..The device must be
capable of depicting images and other identifying data.
2. The system must have a database capable of storing all data collected in the field.
The Contractor shall provide the Debris Manager a copy of the database with a matching
structure at the completion of the work unless otherwise specified.
3. The system must include the capability to share database records with the City, the
City's contractors, and others via the internet. Data contained in the system must be
password protected, implement role-based access controls and must have viewing,
printing and editing capabilities. Each user must have permissions that allow only them
to review and print information specific to their need. The system shall also have the
capability to generate reports on all aspects of the Debris mission.
4. The Contractor uses the HHU to initiate the load data by entering the Debris type into
the HHU. The driver's media card will either be swiped or inserted into the HHU and the
HHU will write the Debris type, pick-up GPS location, address of pick-up if applicable,
time, date, truck certification and driver information, and the ticket manager's unique ID
code onto the removable media. Once the data is written to the media, the monitor will
return the media to the driver. By this action, the Contractor verifies the Debris meets
FEMA and FHWA eligibility requirements,
5. HHU's are used at the Debris verification area of disposal site(s) by Tower Monitor.
The vehicle driver presents the removable media, which was previously initiated by the
field monitor, to the tower monitor located in the disposal site tower(s). The tower
monitor verifies the Debris classification is appropriate (vegetative, construction and
demolition, mixed, etc. and manually revises, if needed, verifies vehicle(s) and driver
information is correct, estimates and enters the load quantity into the HHU. The HHU will
automatically extract the information recorded earlier on the smart card and add the
information to the tower monitor's.HHU including the date, time Debris arrives, site ID,
GPS readings, load quantity and tower monitor unique ID Code.
6. All information regarding each Debris load will be stored in the HHU's internal memory
or on a separate, encryption protected removable media device. The Debris load
information will be uploaded to the system databases. Once this information is recorded,
the tower monitor HHU will clear the removable media's Debris data for the driver to re-
use.
7. The media will retain a running total of the quantity and type of Debris hauled by a
particular vehicle. All Debris load information within the tower monitor's HHU will be
retained until upload to the database has been accomplished and confirmed by
authorized personnel.
G. FUNCTIONAL SPECIFICATIONS AND SYSTEM ARCHITECTURE
1. The system shall have the capability to manage user roles. The majority of the system
users will be either Ticket Manager or Tower Monitors. At a minimum, the system must
have the following capabilities:
A means to create encryption protected electronic media with unique User ID, digital
photograph, user roles and other identifying data
Electronic registration of ticket/tower monitor
Link designated ticket/tower personnel roles to a specific mission
The ability to edit ticket/tower personnel roles i.e., create, update and delete
Store ticket/tower personnel contact information relative to the mission
Track and manage ticket/tower personnel role and status
Assign and track equipment assigned to the user
Reject invalid ticket/tower personnel credentials
Reject invalid certification credentials
2. The system shall have the capability to record truck and trailer certification data. Truck
certification is used to register authorized Debris hauling vehicles and equipment. At a
minimum, the
following must be included:
A means of electronically registering authorized Debris contractor vehicles and
equipment
Link electronic registration to digital images
Generate unique ID's for City vehicles and equipment
Utilize uniform measurements e.g. feet and inches
Capture vehicle volume
Utilize industry standard equations for all volume calculations
Capture drivers and certification team member unique identification number
A means to create.encryption protected electronic driver removable media with unique
Truck ID, digital photograph, truck and /or trailer measurements, vehicle volume, and
other identifying data
Must depict image and other identifying data
Must contain counter area for total cubic yards hauled
Must employ anti-tampering mechanism
Capability to recertify vehicles
Recertified vehicles must be recorded in an audit table
Certification data must be associated to authorized system user
Reject media which are not associated with current event and applicant
Capture vehicle audit records
Create a printed certification record
Administrative reporting capabilities
3. Right-of-Way (ROW) transactional data must be captured, stored, validated, audited,
reported and transmitted to mission managers, haulers and applicants. At a minimum,
the application must exhibit the following characteristics:
Allow creation of point of origin load data on encryption protected driver media when
position is known and credentials have been authenticated
Capture date and time and other relevant point of origin data
Validate media is present in system and configured to receive data
Designate Debris type
Designate Debris location as Federal aid or Non-Federal aid
Designate first pass and subsequent passes
Write point of origin load data using encrypted storage algorithms
Associate ticket/tower personnel credentials with point of origin load data
Acknowledge successful card write via display status message
Provide user configurable time option for GPS audit
Detect current location using GPS and store data to secure memory location
Provide capability to add digital image if Debris is other than vegetative or C&D
4. Completed ROW, and per-unit point of origin transactions must be received at the
approved disposal site. Transactions are not considered complete until they are
processed thru the receiving applications. At a minimum, the system must provide the
capability to:
Accept site configuration data at the beginning of each work day
Dynamically configure receiving application based on site configuration data
Display certification data and photo from driver smart card so that ticket/tower
personnel can perform a field audit of truck/trailer to assure data matches
certification and placard number
Accept loads where:
- Mission and applicant are valid
- Media authentication data is valid and unaltered
- Media contains valid load data
Designate Debris type
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Record Debris volume (based on unit of measure)
Receive volume or per unit loads
Identify original load data
Identify duplicate load data
Configure number of hard copies
Create load data record in internal storage
Create backup copy of internal storage
Prepare driver media for next load
Increment driver smart card based on total CY counter value
Continuously calculate and present real-time disposal site statistics
Re-print load ticket data
Interface with durable outdoor printer
Preserve in its original state, then transmit daily transaction data
Associate ticket/tower personnel credentials with each received load
5. The system must have the capability to perform administrative duties in the field.
Requirements include the capability to edit user roles, verify vehicle audit information,
display real-time collection volumes, and review ticket/tower personnel GPS audit logs.
At a minimum, the system must provide the capability to:
Change ticket/tower personnel identification badge roles and responsibilities
Review media total CY counter value
Audit vehicle certification data
Validate/Invalidate smart cards
Reinitiate security sequence for ticket/tower personnel or media
In tabular format, display the results of ticket/tower GPS audit files by limiting access
to the internet data.
6. Transactional data must be summarized, validated, presented and audited to provide
an overall status of mission performance. The system must facilitate billing, error
reporting, performance tracking and graphical data preparation. At a minimum the Data
Consolidation/Data Storage and Data Analysis/Reports tools must provide the capability
to:
Accept transactional data sets from multiple Debris location systems
Recognize multiple mission/applicant configurations
Grant access to authorized authenticated users or processes
Contain a master record of:
- Roles and responsibilities
-Ticket/tower personnel credentials and other data
- Certification credentials and other data
- Mission data
-Applicant data
- Geospatial data
o Street centerlines
o City outlines
o Population and demographic
o Elevation
o Wetlands delineation
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o Historic and environmentally sensitive areas
o Debris work zones
o Parcel data
o Land use
o FEMA flood zones
Graphically depict:
- Load locations by City
- Load locations by neighborhood
- Load locations by driver
- Load locations by ticket/tower personnel
- Load locations by date range
- Load locations by zone
- Load locations by applicant
- Load locations by mission
- Load locations by Debris type
- Load locations by disposal site
- Load locations by roads: Federal, State, City, private
- Load locations by land use
- Load locations by disposal site
Thematic mapping techniques to distinguish different data by color and/or symbol
Identify data attributes for a single point of data
Select one or many points of data
Calculate operational efficiency statistics such as:
-Trip turnaround time
- Trip distance to disposal site (straight line projection sorted by 0 -15 miles, 16—
30 miles, 31 -60 miles and greater than 61 miles)
-Average container fill percentage
-Average tower manager load call
- Load call trend data e.g., by tower managers, City, neighborhood, driver, etc.
Dynamically configure user interface in response to point data selection to limit user
authorities
Multiple data selections generate tabular data reports
Filter mechanisms to highlight geospatial data
Control data access using role based security
User interface and access to underlying system data must dynamically configured at
run time through the presentation of appropriate user credentials
Manage data ownership
Provide access based on security role model
Identify and distribute "owned" transactional datasets to limit internet access to the
website data to view only your data
Prevent distributed data from being reprocessed for billing purposes
Identify billing data sets based on parameters such as:
-Time/Date
- City/SubCity
- Debris type
- Debris disposal method (haul-in, reduction, open burn, incineration, haul-out,
leave in place, etc.)
- Haul distance
Route billing data sets via defined and customizable workflow rules
Approved billing data sets
Communicate general event status e.g.:
-Total cubic yard hauled (by Debris type)
-Total cubic yard by disposal site
-Total cubic yard by City/neighborhood
-Total cubic yard by work zone/sector
-Total cubic yard by Federal, State and private roads
-Total cubic yard by certified vehicle
- Number of vehicles utilized
- Number of ticket/tower personnel resources assigned
Manage user roles, responsibilities and passwords
Prevent modification to original data by unauthorized or unauthenticated users
Insert audit records into audit tables for all insertions, modifications, and deletions to
original data
7. Field Architecture — The field based system must be characterized by the following
general statements of direction with respect to construction, operability, supportability
and security. At a minimum, the system must:
Require user authentication credentials
Display current version at application start-up
Synchronize with Greenwich Mean Time (GMT)for all date/time fields
System must utilize location specific configuration data to initiate a warm start
sequence for global positioning system
System must remain in a ready state by default
Acknowledge successful card write via display status message
Create identification structures which utilize encryption technologies
Employ anti-tamper and anti-tearing methods and technologies
Where applicable, utilize three (3) DES data encryption technologies to protect data
Perform validation and checksum (a running production total of cubic yards or
appropriate payment capacity) stored on each Debris vehicle's removable
media).
8. Back-office Architecture — At a minimum, the back-office 'applications must be
characterized by the following general statements of direction with respect to
construction, operability, supportability and security.
Utilize relational database technology
Employ geospatial analysis tools for data visualization
Enable audit ability for:
- Data insertion
- Data modification
- Data deletion
Prevent field and row level data deletion
All access to data must be controlled
Store certification and other identification data using encrypted relational technology
Reside in a secure internet environment
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Preserve base transactional data in its original state prior to. processing or
consolidation with other data
9. Initial startup procedure for Debris removal — Debris missions are critical to
emergency response and the Contractor should be adequately prepared to respond.
H. REPORTING
The City requires the Contractor to provide daily status reports, unless otherwise
specified, of the Debris removal operations, preparation of interim reports (as directed by
the Debris Manager), as well as a final report of the Debris removal operations.
1. The daily status report shall include at a minimum: the daily cubic yards/tons collected
by material and by program (FHWA-ER First Pass, First Pass on non-Federal Aid
roadways, second and subsequent passes on all roadways); cumulative totals in cubic
yards/tons by Debris type; number of Debris removal crews and equipment operating;
number of Debris monitors in field; cubic yards/ton by Debris type hauled to final
disposal and location of final disposal; and total cubic yard/tons hauled to recycling or
salvage facilities.
2. An interim status report may be required at the discretion of the Debris Manager. A
final report covering the history of the operations; the locations of temporary Debris sites
used; remediation and site closure activities, including any environmental reports or
authorizations generated; and the locations of final disposal sites and permits, recycling
facilities and salvage facilities used during operations. The report may include
identification of weakness in the operations and recommendations for future Debris
activities.
I. PERMITS
1. Assist the City with any permit applications and coordination with environmental
agencies.
2. Assist the City with any pre or post sampling of soil or groundwater.
3. Monitor compliance by the City to any permit requirements.
J. MEETINGS AND COMMUNICATION
1. Conduct daily meetings with the Debris Manager and the Contractor.
2. Conduct field meetings as needed.
K. ADDITIONAL SERVICES
If mutually agreed, the Contractor may be requested to perform other related
assignments, as directed by the City, in writing, but only if authorized in advance to do
so.
1. Ensure all agreement quantities for all Debris Removal Contractors and Monitors are
documented and recorded according to current Federal requirements including, but not
limited to, FHWA-ER actual costs incurred (cradle to grave) for work conducted on First
Push and First Pass Federal Aid roadways, including time at disposal sites estimating
loads on incoming and outgoing Debris loads.
2. For Non-Federal Aid eligible roadways FEMA PA Program actual costs incurred
(cradle to grave) for work conducted on non-Federal Aid eligible roadways First Push,
First Pass, and second and subsequent passes. Monitor's invoices must delineate
between hours spent on FHWA vs. FEMA reimbursed tasks.
SECTION 3
COMPENSATION
3.1 AUTHORIZATION FOR SERVICES
Authorization for performance of Services by the Contractor under this Agreement shall
be in the form of a written Task Order(s) issued and executed by the City and signed by
the Contractor. A sample Task Order is attached as Attachment "A" hereto. Each Task
Order shall describe the Project; the Services required for the Project; state the date for
commencement and completion of the Services; and establish the amount and method
of payment.
THE CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE NUMBER
OF AVAILABLE PROJECTS, NOR THAT THE CONTRACTOR WILL PERFORM ANY
PROJECT FOR THE CITY OF MIAMI BEACH DURING THE TERM OF THIS
AGREEMENT.
3.2 COMPENSATION
The Contractor shall be compensated for Services for a Project, in accordance with the
Task Order issued by the City for same. The Services will be paid for at the productive
hourly rates listed in Attachment "B" hereto for the personnel classifications. Any
additional personnel will need to be authorized in advance by the City and accompanied
by a new Task Order explicitly outlining the Services to be provided by that personnel.
3.3 REIMBURSABLE EXPENSES
Reimbursable expenses shall be in addition to the hourly rates. Reimbursable expenses
are subject to the applicable "Not-to-Exceed" or "Limitation of Funds" amount set forth in
the Task Order. All Contractor employees or subcontractors working on this Agreement
should have their permanent residence within a reasonable distance of the City of Miami
Beach's boundaries, as reimbursable expenses WILL NOT cover lodging and meals,
and be limited to vehicle mileage; unless otherwise approved, in writing, by the City
Manager, prior to the Contractor's performing, or incurring charges for, same.
Vehicle mileage will be based on the submittal of daily activity logs reporting mileage
driven between locations at the rates authorized in FEMA's Schedule of Equipment
Rates. Any other reimbursable expenses approved by the City in the Task Order must
be supported with original previously agreed upon documentation, as reimbursement will
only be made on actual costs incurred.
Supporting documentation (daily activity logs showing mileage, etc.) must-be provided
by the Contractor within thirty (30) days following the end of the relevant month, in order
for reimbursement to be made.
In addition, the City will not be liable for reimbursing the Contractor for any charges that
are in excess of the "Not-to-Exceed" or "Limitation of.Funds" amount in a Task Order,
unless they were approved, in writing, by the City Manager, prior to the Contractor's
performing, or incurring charges for, same.
Reimbursable expenses may include actual expenditures made by the Contractor,
and/or its employees or subcontractors for the following expenses:
a. Expenses of transportation, when traveling in connection with the performance of
Services pursuant to a Task Order, based on Sections 112.016 (7) and (8), Florida
Statutes, as same may be amended.
b. If authorized in writing in advance by the City Manager, the cost of other
expenditures made by the Contractor in the interest of the particular Services
requested pursuant to a particular Task Order.
3.4 PAYMENT AND BILLING
a. The Services shall be specifically set forth and defined by the City in the Task Order;
shall be issued on a "Time Basis Method"; and contain a Limitation of Funds amount.
The Contractor shall not be authorized to exceed the Limitation or Funds amount
without the prior written approval of the City Manager. Said approval, if given at all,
shall indicate a new Limitation of Funds amount(for the particular Task Order).
b. The Contractor shall advise the Debris Manager whenever the Contractor has
incurred expenses on any Task Order that equals or exceeds eighty percent (80%)
of the Limitation of Funds amount.
c. The Contractor may invoice the amount due for actual Service hours performed, but
in no event shall the invoice amount exceed the work order amount listed on the
Task Order.
d. All invoices shall be submitted in an acceptable format to the City in an electronic
and hard copy format with daily reports as supporting documentation. The invoices
must be submitted in accordance with the Consultant Invoice Transmittal System
(CITS) procedures and other federal, state and local rules, regulations and laws.
e. Payments shall be made by the City to the Contractor as work progresses for
Services furnished on a particular Task Order, but not more than once monthly. Each
Task Order shall be invoiced separately. The Contractor shall submit 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;
Task Order Number; RFP No.; and any and all other information required by the City.
e. Contractor's original invoice shall be sent to:
Eric Carpenter, PE
Public Works Director
City of Miami Beach City Hall
1700 Convention Center Drive, 4d Floor
Miami Beach, Florida 33139;
With a duplicate copy of the invoice sent to:
Procurement Director
City of Miami Beach City Hall
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
3.5 COMPLIANCE WITH CITY'S LIVING WAGE REQUIREMENT
THE CONTRACTOR ACKNOWLEDGES THAT IT SHALL BE REQUIRED TO
COMPLY WITH THE PROVISIONS OF THE CITY'S LIVING WAGE ORDINANCE,
PURSUANT TO CHAPTER 2, ARTICLE VI, DIVISION 6, SECTIONS 2-407 THROUGH
2-410 OF THE MIAMI BEACH CITY CODE, AS SAME MAY BE AMENDED FROM
TIME TO TIME (THE ORDINANCE). THE CONTRACTOR SHALL BE REQUIRED TO
PAY ALL OF ITS EMPLOYEES WHO PROVIDE SERVICES PURSUANT TO THIS
AGREEMENT, NO LESS THAN THE LIVING WAGE RATE AND HEALTH CARE
BENEFITS RATE BY THE CITY COMMISSION, FOR THE CURRENT YEAR
THROUGHOUT, FOR THE DURATION OF THE AGREEMENT AS IN THE
ORDINANCE, AND AS SUCH RATE MAY BE ADOPTED. THE CONTRACTOR'S
FAILURE TO COMPLY WITH THE ORDINANCE SHALL BE DEEMED A MATERIAL
BREACH UNDER THIS AGREEMENT, UNDER WHICH THE CITY MAY, AT ITS SOLE
OPTION, IMMEDIATELY TERMINATE THE AGREEMENT, AND MAY FURTHER
SUBJECT CONTRACTOR TO ADDITIONAL PENALTIES AND SANCTIONS, AS
PROVIDED BY THE ORDINANCE (AS SAME MAY BE AMENDED). THE LATEST
COPY OF THE ORDINANCE (I.E. AS OF THE EFFECTIVE DATE) IS ATTACHED AS
ATTACHMENT "D" HERETO. NOTWITHSTANDING THE PRECEDING, IT SHALL BE
THE CONTRACTOR'S SOLE RESPONSIBILITY AND OBLIGATION TO FAMILIARIZE
ITSELF WITH THE LIVING WAGE ORDINANCE, AS WELL AS ANY SUBSEQUENT
AMENDMENTS THERETO.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
a. The Contractor shall be responsible for the professional quality, technical accuracy,
competence, methodology, accuracy and the coordination of all of the following
which are listed for illustration purposes and not as a limitation: documents,
analyses, reports, data, plans, specifications, and any and all other documents of
whatever type or nature furnished by the Contractor under this Agreement. The
Contractor, shall, without additional compensation, correct or revise any errors or
deficiencies in any and all documents of whatever type or nature that is required to
be furnished by the Contractor pursuant to this Agreement.
b. Neither the City's review, approval or acceptance of, nor payment for, any of the
i
Services required herein shall be construed to operate as a waiver of the'City's rights
under this Agreement, nor of any cause of action arising out of the performance of
this Agreement, and the Contractor shall be and always remain liable to the City in
accordance with this Agreement and applicable laws for any and all damages to the
City caused by the Contractor's negligent and wrongful performance of any of the
Services furnished under this Agreement.
c. In its performance of the Services, the Contractor shall comply with all applicable
laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida,
and Federal government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)
Florida Statute on Public Entity Crimes shall be filed with the City's Procurement
Division, prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT(TERM)
The term of this Agreement (Term) shall be for an initial term of three (3) years,
commencing on the last date of execution of the Agreement by the parties hereto, as set
forth in the Effective Date on p. 1 hereof. At its sole discretion, the City Manager may
renew this Agreement, upon the same terms and conditions, for up to three (3) additional
one (1) year terms, upon thirty (30) days written notice to Contractor (such notice to be
provided prior to the end of the initial term or a renewal term, as the case may be).
4.3.1 The Hourly Billing Rate Schedule shown in Attachment "B", may be adjusted
annually, at the City Manager's sole discretion and judgment, based upon the
Miami — Fort Lauderdale Consumer Price Index issued by the U.S. Department
of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by
multiplying the ratio of the April index divided by the previous years index by the
Hourly Rate Schedule to define the new Hourly Rate Schedule.
If increased by the City Manager, the maximum annual increase will be limited to
three percent (3%). The increase to the billing hourly rates will be at the City
Manager's sole discretion and only following evaluation of the Contractor's
performance during each year throughout the Term of this Agreement.
4.4 TIME OF COMPLETION
The Services (or any portion thereof) to be performed by the Contractor shall only be
commenced upon receipt of a Notice to Proceed provided by the City for each Task
Order issued. The Contractor's duty to perform the Services shall be ongoing for the
Term of the Agreement, on an as needed basis.
4.5 INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses, and expenses, including, but not limited to, attorneys' fees, for personal, or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise
or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Contractor, its employees, agents, sub-Contractor's, or any other person
i
or entity acting under Contractor's control, including without limitations any and all
temporary personnel assigned to the City pursuant to this Agreement, in connection with
the Contractor's performance of the Services pursuant to this Agreement; and to that
extent, the Contractor shall pay all such claims and losses and shall pay all such costs
and judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The parties agree that one percent (1%) of the
total compensation to the Contractor for performance of the Services under this
Agreement is the specific consideration from the City to the Contractor for the
Contractor's Indemnity Agreement. This indemnity shall survive termination of this
Agreement.
4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Contractor shall fail to fulfill in a time) manner, or otherwise violate an of the
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covenants, agreements, o r stipulations material to this Agreement, the Cit y, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause, the City shall notify the contractor of
its violation of the particular terms of this Agreement and shall grant the contractor ten
(10) days to cure such default. If such default remains uncured after ten (10) days, the
City, upon three (3) days' notice to the contractor, may terminate this Agreement and
the City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the contractor. The
City, t its sole option and discretion shall additional) be entitled to bring an and all
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legal/equitable actions that it deems to be in its best interest in order to enforce the City's
right and remedies against the defaulting party. The City shall be entitled to recover all
costs of such actions, including reasonable attorneys' fees. To the extent allowed by
law, the defaulting party waives its right to jury trial and its right to bring permissive
counter claims against the City in any such action.
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY (THROUGH ITS CITY MANAGER)
MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS
AGREEMENT AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN
NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME
EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF
THE CITY'S WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS CONTEMPLATED IN
SECTION 2, A PARTICULAR TASK ORDER, AND /OR THE PROPOSAL
DOCUMENTS, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE
CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS
TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS
DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF
TERMINATION, PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO
SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS,
MATERIALS ETC TO CITY AS REQUIRED HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right (through its City Manager)to terminate the Agreement in
the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes
an assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such sanctions as the City, Miami-Dade County,
and / or the State of Florida, as applicable, may determine to be appropriate, including
but not limited to, withholding of payments to the Contractor under the Agreement until
the Contractor complies, and/or cancellation, termination or suspension of the
Agreement. In the event the City cancels or terminates the Agreement pursuant to this
Subsection the rights and obligations of the parties shall be the same as provided in
Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written amendment
signed by the duly authorized representatives of the City and Contractor. No alteration,
change, or modification of the terms of this Agreement shall be valid unless amended in
writing, signed by both parties hereto, and approved by the City.
4.8 AUDIT
The Contractor shall keep such records and accounts and require any and all
subcontractors to keep such records and accounts as may be necessary in order to
record complete and correct entries as to personnel hour charge to the City. All books
and records relative to the Agreement, and the Services to be provided herein, shall be
available at all reasonable times for examination and audit by the City and shall be kept
for a period if three(3) years after the completion of all work / services to be performed
pursuant to this Agreement.
The City reserves the right to perform audit investigations of the Contractor's records
and accounts. The City's audit rights shall include, without limitation, ascertaining
Contractor's compliance with FEMA's billing and invoicing requirements and compliance
with the City's Living Wage Ordinance, as Attachment D. The Contractor shall maintain
any and all records and accounts necessary to document compliance with the provisions
of this Agreement, and shall make available to the City, upon request, such records for
audit and examination relating to all matters covered by this Agreement.
4.9 INSURANCE REQUIREMENTS
The Contractor shall obtain, provide and maintain during the Term of the Agreement the
following types and amounts of insurance which shall be maintained with insurers
licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the
latest edition of AM Best's Insurance Guide. (Any exceptions to these requirements
must be approved by the City's Risk Management Department prior to implementation of
same. Please refer to the Insurance Requirements, listed as Attachment C):
1. Commercial General Liability: A policy including, but not limited to, comprehensive
general liability including bodily injury, personal injury, property damage in the amount
of a combined single limit of not less than $1,000,000 Coverage shall be provided on
an occurrence basis. The City of Miami Beach must be named as certificate holder
and additional insured on policy.
2. Worker's Compensation: A policy of Worker's Compensation and Employer's Liability
Insurance in accordance with the State of Florida Worker's Compensation laws and, if
required, applicable provisions of Federal Law.
Said policies of insurance shall be primary to and contributing with any other insurance
maintained by the Contractor or City, and shall name the City and the officers, agents
and employees of said organizations as additional insures under this Agreement.
Policies cannot be canceled without thirty (30) days prior written notice to the City.
The Contractor shall file and maintain certificates of all insurance policies with the City's
Risk Management Department showing said policies to be in full force and effect at all
times during the term of the Agreement. No work shall be done by the Contractor during
any period when it is not covered by insurance as herein required. Such insurance shall
be obtained from brokers or carriers authorized to transact insurance business in Florida
and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by the City's Risk
Manager prior to commencement of any work or services under the Agreement.
If any of the required insurance coverage contain aggregate limits, or apply to other
operations of the Contractor outside the Agreement, the Contractor shall give City
prompt written notice of any incident, occurrence, claim settlement or judgment against
such insurance which may diminish the protection such insurance affords the City. The
Contractor shall further take immediate steps to restore such aggregate limits or shall
provide other insurance protection for such aggregate limits.
4.9.1 Failure to Procure Insurance
The Contractor's failure to procure or maintain required insurance coverage shall
constitute a material breach of Agreement under which City (through its City Manager)
may, at its sole option, immediately terminate the Agreement.
4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under this Agreement
in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of any and all sub-
contractor's, and any other person or entity acting under the direction or control of the
Contractor including with out limitation, any and all temporary personnel provided in the
City pursuant to the terms and conditions of the Agreement. When the term "Contractor"
is used in this Agreement, it shall be deemed to include any sub-contractors and any
other person or entity acting under the direction or control of Contractor.
For the purpose of this Agreement, Contractor acknowledges and agrees that any and
all temporary personnel assigned by the Contractor to provide services to the City
pursuant to this Agreement shall be deemed to be independent contractors and agents
or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the City, or any right generally afforded Classified or
Unclassified employees. Further each personnel shall not be deemed entitled to Florida
Worker's Compensation benefits as an employee of the City, or accumulation of sick or
annual leave.
4.12 NON-DISCRIMINATION PROVISION
In connection with the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, and national origin, place of birth, marital status, physical
handicap, or sexual orientation. The Contractor shall take affirmative action to ensure
that applicants are employed and that employees are treated during their employment
without regard to their race, color, religion, ancestry, sex, age, and national origin, place
of birth, marital status, disability, or sexual orientation.
4.13 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan Miami-Dade
County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami
Beach Charter and Code, which are incorporated by reference herein as if fully set forth
herein, in connection with the Agreement conditions hereunder.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance
of this Agreement, no person having any such interest shall knowingly are employed by
the Contractor. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information,
specifications, processes, data and findings, shall be made available to the City for
public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Contractor or its employees or sub-contractors, without the prior written consent of
the City.
4.15 NOTICES
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an
address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR: Oscar Espinosa, Senior Contracts Administrator
Witt O'Brien's LLC
818 Town & Country Blvd, Ste. 200
Houston, TX 77024
TO CITY: Eric T. Carpenter, P.E.
Public Works Director
City of Miami Beach City Hall
1700 Convention Center Drive, 4rd Floor
Miami Beach, Florida 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the
day following the date mailed; and if mailed to an address outside the city of dispatch on
the seventh day following the date mailed.
4.16 LITIGATION JURISDICTIONIVENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
BY ENTERING INTO THIS AGREEMENT, THE CONTRACTOR AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
4.17 ENTIRETY OF AGREEMENT
This Agreement and all exhibits hereto including without limitation, the Proposed
Documents, shall embody the entire Agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded
hereby. Request for Proposals No. 28-11/12, together with all amendments thereto, and
Contractor's Proposal in response are hereby incorporated by reference into this
Agreement as Attachment "E" hereto; provided, however, that in the event of an
expressed conflict between that Proposal Documents and this Agreement, the
Agreement shall prevail.
4.18 LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of $1,000. The Contractor hereby expresses its willingness to enter
into this Agreement with recovery from the City for any damage action for breach of
agreement to be limited to a maximum amount of $1,000, provided, however, this
limitation shall not apply to claims arising City's failure to pay Contractor for Services
Accordingly, and notwithstanding any other term or condition of this Agreement, the
Contractor hereby agrees that the City shall not be liable to the Contractor for damages
in an amount in excess of$1,000 for any action or claim for breach of agreement arising
out of the performance or non-performance of any obligations imposed upon the City by
this Agreement except as otherwise provided herein. Nothing contained in this
paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes.
Neither party shall be liable for, and each party expressly waives, and releases the other
party from and against, any and all consequential, indirect, special, punitive, or
exemplary damages.
4.19 COMPLIANCE WITH APPLICABLE LAWS
The Contractor, its sub-contractors, agents and employees, including without limitation,
any and all temporary personnel assigned to the City pursuant to this Agreement, shall
comply with all applicable Federal, State, Miami-Dade County and City Laws, and with
all applicable rules and regulations promulgated by local, state and national boards,
bureau and agencies as they relate to the Agreement and /or the provision of services
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
C4y Clerk ' r
Ld Date QP),p Date
�=
QRA rED..
FOR CONTRACTOR: '� •• .
ATTEST:
By:
Secretary
Chief Financial Officer
Print Name Print Name Keith R. Forster
64 f , ->V13
Date Date October 4, 2013
Attachments:
Attachment"A"— Task Order
Attachment"B"— Rate Structure
Attachment "C"— Insurance Requirements
Attachment"D"— The Living Wage Ordinance
Attachment"E"— Commission Agenda, Request for Proposal No.
28/12, and Contractor's response.
Attachment"F"— Contractor Provision Federal-Aid Construction
Contracts.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
Ci ttorne
ATTACHMENT A
/\AIAMIBEACH
Cih of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachtl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel:305-673-7490,Fax:736-394-4010
TASK ORDER
Date: Task Order
Number:
TO:
Pursuant to the Agreement between the City of Miami Beach and the above named firm
for
EMERGENCY DISASTER DEBRIS MONITORING SERVICES PURSUANT RFP-28-
11/12 (the Agreement), you are directed to provide the following scope of services:
(Attach additional pages if needed)
ATTACHMENTS TO THIS WORK ORDER: METHOD OF
COMPENSATION:
[ ] scope of services [ ] time basis not-to-
exceed
[ ] special conditions [ ] time basis-limitation of
funds
TIME FOR COMPLETION: The services to be provided by the Contractor shall
commence upon execution of this Work Order by the parties Effective Date and shall be
completed within of the Effective Date. Failure to meet the
completion date may be grounds for Termination of the Agreement.
Work_ Order Amount DOLLARS
Reimbursable Expense Allowance: (If Applicable)
City's Project Coordinator Contractor's Representative
ATTACHMENT B
NAIAMIBEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel:305-673-7490,Fax:756-394-4010
PRODUCTIVE HOURLY DATES
Pursuant to and in compliance with the Proposal Documents, the undersigned hereby
agrees to furnish all Labor, Materials and Equipment for performance of the services (or
portion thereof) contemplated by the RFP.
To the extent that the City of Miami Beach requests the assistance for services, the
following hourly rates will apply:
Personnel Classification Hourly Billing Rate
Project Manager $ 65.00
Debris / Tower / Disposal Site / Exit Site $ 33.50
Monitor
Data Ent $ 28.00
Field Inspector $ 35.00
Field Coordinator $ 45.00
GIS/IT Specialist $ 60.00
Operations Coordinator $ 55.00
Data Manager $ 50.00
Environmental Compliance Specialist $ 65.00
Invoice Analyst $ 45.00
Engineering Aide $ 35.00
Administrative Aide $ 25.00
ATTACHMENT C
101A/01BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.iniamibeaclifl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel:305-673-7490,Fax:756-394-4010
INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700
Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance
which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by
Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including
Personal Injury Liability, Products/Completed Operations, in an amount not less
than $1,000,000 combined single limit per occurrence for bodily injury and
property damage. City of Miami Beach must be shown as an additional
insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
All insurance policies required above shall be issued by companies authorized to do .
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V" as to financial strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in
the latest "List of All Insurance Companies Authorized or Approved to Do .
Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without
thirty (30) days in advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability
and obligation under this section or under any other section of this agreement.
ATTACHMENT D
City's Living Wage Ordinance
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ATTACHMENT E
Conversion of Application
O'Brien's Response Management Inc. to O'Brien's' Response Management, L.L.C.
ATTACHMENT F
Commission Agenda Item, Request for Proposals No. 28-11/12 (RFP), and
Contractor's Proposal in Response to the RFP
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ATTACHMENT G
Required Contract Provisions Federal-Aid Construction Contracts