HomeMy WebLinkAboutGrubbs Emergency Services Agreement - 2002 02 07
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EMERGENCY DEBRIS MANAGEMENT AGREEMENT (RFP-4127-01/BJC) .
THIS AGREEMENT is made and entered into this1*h day of
411 Ja,( A ^ ~o..QQ, by and between GRUBBS EMERGENCY SERVICES,
INC., duly authori. d to conduct business in the State of Florida,' whose
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address is 1115 South Main Street, Brooksville, Florida 34601,
hereinafter called the (Primary) "CONTRACTOR" 'and SEMINOLE. COUNTY, a
political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First. Street, Sanford, Florida
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32.?.71,..l:1l?r.ein~fter called the "COUNTY" .-, ...' _."
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W IT N E SSE T H:
WHEREAS, the COUNTY desires to retain the services of a competent
and qualified contractor to provide emergency debris managment services
in Seminole County in Seminole .County; and
WHEREAS, the COUNTY has requested and' received expressions of
interest for the retention of services of contractors; and
WHEREAS, CONTRACTOR is competent and qualified to . furnish services
to the COUNTY and desires to provide its services according to the terms
and conditions stated herein,
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NOW, THEREFORE, in consideration of the mutual understandings and
! covenants set forth herein, COUNTY and CONTRACTOR agree as follows:
SECTION 1. SERVICES. COUNTY does hereby retain CONTRACTOR to
furnish professional services and perform those tasks as further
described in the Scope of -Services attached hereto and incorporated
herein as Exhibit "Au.
SECTION 2. .AUTHORIZATION FOR SERVICES. Authorization for
performance of professional services by the CONSULTANT under this
Agreement shall be in the form of written Notice to Proceed issued dnd
executed by the COUNTY. M~~~RAT~F1ED COpy. .
. I'INE MORSE .
1 CLERK OF CIRCUIT COURT .
SEM/~~N 0
' RIOA
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DEPUTY CLERK
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SECTION 3. COMPENSATION AND PAYMENT.
(a) The COUNTY agrees to compensate the Primary and . Secondary
CONTRACTORs for RFP-4127-01/BJC for the services called for under this ~
Agre'ement fees not to exceed the stun of FrVE MILLION AND Noi100 DOLLARS':.
($5,000,000.00) f.o,r the initial two (2) year term. CONTRACTOR shall
perform all" work required by the Scope of Services but, in no event, .
shall CONTRACTOR be paid more than the negotiated Fixed Fee .amount
stated above. The CONTRACTOR shall be compensated at the rates as shown
on Exhibit "B," Rate Schedule, attached hereto."
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(b) Payments . shall. be made' to the CONTRACTOR when reguested as'
work progresses for services furnished, but not 'more than once monthly.
CONTRACTOR may invoice amount due based on percentage of total required ,
services actually performed and completed. Upon review and approval of.
CONTRACTOR's invoice, the COUNTY shall, within thirty (30 ) days of
receipt of the invo.ice, pay CONTRACTOR ninety percent ( 90% ). of the"
approved amount and retain the remaining ten percent (10%) until
completion of all remaining work required by the. Scope of Services. If
COUNTY. determines that all work is substantially complete or that work.
by subcontractors is substantially complete and the amount retained is
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considered to be in excess, the COUNTY may, at its discretion, release
the retainage or portions of. the retainage for al"l'work or the specific
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retainage of' individual subcontractors.
SECTION 4. BILLING AND PAYMENT.
. (a) CONTRACTOR shall render to the COUNTY, at the close of each
calendar month, an itemized invoice, properly dated including, but not
limi ted to, the following information:
(1) The name. and addres's of the CONTRACTOR;
(2) Contract Number;
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(3) A complete and accurate time record of serv.ices
performed by the CONTRACTOR for all services performed by the ~ONTRACTOR
during that month and for which the COUNTY is billed;
description . ......: ,""-; ," . ..:;..:.....'i;;-:..,~:.~.::~.;::~..-:..~.:. ",:: .:
(4) A of . the services . rendete'd;;:tn../ (3) .,.~ above' .
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with sufficient t~etail to identify the exact 'nature ;", ot. the work'
performed; and
(5) Such other information as may be required. by this
Agreement or requested by the COUNTY from time to time.
The origin~1...i.?y.~i.~~_ _shal~_E~_._~~~.~__~~,~.___ __~ ..h ._ . ":~"_, :'.' . . - ~
Director of'County Finance.m.:. ....-.. .:....-.... .... .... .. .--.
Semjnole County Board of County Commissioners
Post Office Box 8080 .
Sanford, Florida 32772
A duplicate copy of the invoice shall be sent to:
Public Safety Department
150 Bush Boulevard
Sanford, Florida 32773
(b) Payment spall be made after review and. approval by COUNTY
within thirty (30) days of receipt of a proper invoice from the
CONTRACTOR.
SECTION 5. AUDIT OF RECORDS.
(a) COUNTY may perform or have performed an audit of the records
of CONTRACTOR after final payment to support final payment hereunder.
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This audit would be performed at a time mutually agreeable to CONTRACTOR
and COUNTY subs~quent toihe close of the final fiscal period in which
the last work is performed. . Total compensation to CONTRACTOR may be
determined subsequent to an audita,s provided for in subsection (b) and
of this subsection, and the total compensation so determined shall be
used to calculate final payment to CONTRACTOR. Conduct of this audit
shall not delay final payment as required by Section 4(b).
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(b) The CONTRACTOR '. agrees to maintain all books, . documents,
papers, accounting records and other evidences pertaining . to wOl:k
performed under this Agreement in such a manner as will readily conform
to the. terms of' this' Agreement and to make such ,materials available at:..
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CONTRACTOR's offi<l:~ at all reasonable times during the Agreement period
and for five (5) years from the date of final payment under the contract
for audit or inspection as provided for in subsection ' (a) of this
Section.
(c) In the event any ~udit or inspection conducted after final
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. - pa.yment, but within the period provided .in subsection. (b) . of' this
Section reveals any overpayment by COUNTY under the terms of the
Agreement, CONTRACTOR shall refund such overpayment to COUNTY within
thirty (30) days of notice by the COUNTY.
<SECTION 6. RESPONSIBILITY OF CONTRACTOR.
'Ta) CONTRACTOR shall be responsible for the professional quality,
accuracy and the cooidinatioh of all plans, studies, reports and other
services furnished by CONTRACTOR under this Agreement. CONTRACTOR
shall,.without additional compensation, correct or revise any e~rors or
deficiencies in his services.
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(b) Neither the COUNTY'S review, approval or acceptance of, nor
payment for, any of the services required shall be'construed to operate
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as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreemrant and the CONTRACTOR
shall, be and remain liable' t6 the COUNTY in accordance with ~pplicable
law for .all damages to the. COUNTY caused by the Co'NTRACTOR'S performance
of any of the services furnished under this Agreement.
SECTION 7. OWNERSHIP OF DOCUMENTS. All deliverable reference
da ta and reports that result from the CONTRACTOR's services und~r this
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Agreement shall become the property of the COUNTY after final payment
for. the specific service provided is made to CONTRACtOR. No changes 'or
revisions to the documents furnished by . CONTRACT.oR shall be ma~~ ..b~':.c,
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COUNTY or. its agents without the written approval of CONTR1:\CTOR. .:::..:::.'.<<<>>:.:..... :. . .
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SECTION 8. ~TERM . This Agreement shall take effect on the.date'of'
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its execution by COUNTY and shall remain in effect for a period of two
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(2) years. At the option of the COUNTY, this Agree~ent may be renewed
for three (3) additional terms not to exceed two (2) years each.
SECTION 9. TERMINATION. .
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(a) The COUNTY . .may, by written notice to : the CONTRACTOR,
terminate this Agreement, in Whole or in part, at any time, either for
the COUNTY's convenience or because of the failure of the CONTRACTOR to
fulfill CONTRACTOR's Agreement obligations. Upon receipt of such
notice, the CONTRACTOR shall:
(1) immediately discontinue all services . affected unless
the notice directs otherwise, and
(2) deliver to the COUNTY all plans, studies, reports,
estimates, summaries, and such other information and materials as may
have been accumulated by the CONTRACTOR in performing this Agreem~nt,
whether completed orin process.
(b) If the termination is for the convenience of the COUNTY, the
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CONTRACTOR shall.be paid compensation for services performed to the date
of termination. CONTRACTOR shall be paid no more. than a percentage. of
. the Fixed Fee amount equivalent to the percentage of the completion of
work contempl~ted by the A9reement.
(c) If the termination is due to the failure of the CONTRACTOR to
fulfill his Agreement obligations, the COUNTY may take over the work and
prosecute the same to completion by Agreement or' otherwise. In such
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case,. the CONTRACTOR shall be liable to. the COUNTY for reasonable
adQitional costs occasioned to the COUNTY thereby. The ~ONTRACTOR shall
not be liable for such additional costs if the failure to perfor~ the
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Agreement arises out of causes beyond the contrql' anci wi~h~ut :the fa~1.t'
or negligence of tthe, CONTRACTOR. Such causes' may. include, but are not
limited to,. acts of God or of the public enemy, acts of the COUNTY in
either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but, in every case, the fa:Llure to. perform must be
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beyond the control"aIld' without :the fault'or negligence of the
CONTRACTOR.
(d) If, after notice of termination for failure to fulfill
Agreement obligations, it is determined that the CONTRACTOR had not so
. failed, the termination shall be deemed to have been effected for the
convenience of the COUNTY. In such event, adjustment in the Agreement
price shall be made as provided in subsection (b) of this Section. '
(e) The rights and remedies of the COUNTY provided in this clause
are in addition to any other rights and remedies provided by law or
under this Agreement. _
SECTION 10. EQUAL OPPORTUNITY EMPLOYMENT. CONTRACTOR agrees that
it will not discriminate agai~st any employee or applicant for
employment for work under this Agreement because of race, color,
religion, sex, age, national origin, or disability and will take steps.
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to ensure that applicants are' employed, and employees are treated during
employment, without regard to race, color, religion, sex,. age, national
origin or disability. This provision shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer;
recrui tmentadvertising; layoff or termination; rates of payor other
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forms of compensation; and selection for training, including
,apprenticeship.
SECTION 1l. NO CONTINGENT FEES. CONTRACTOR warrants that it has
not employed or retained any company or persons, other than a bona fide
employee working U;iOlely for the CONTRACTOR, to solicit or secure. this
Agreement and that CONTRACTOR has not paid or agreed to pay any persons,
company, corporation, individual or firm, other than a bonafide employee
working solely for CONTRACTOR, any fee, conunission, percentage, gift, or
other consideration contingent upon or resulting from the award or
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.. making. of this Agreement. For the breach- orv10lation of. this.....
provision, COUNTY shall have the right to terminate the Agreement at its
discretion, without liability and to deduct from the Agreement price, or
otherwise recover, the full amount of such fee, commission, . percentage,
gift or consideration.
SECTION 12. ASSIGNMENT. This Agreement, or any interest herein,
shall not be assigned, transferred, or otherwise encwnbered,under any
circumstances, by the parties hereto without prior written consent of
the opposite party and only by a document of equal dignity herewith.
SECTION 13. SUBCONTRACTORS. In the event CONTRACTOR, during the
course of the work under this'Agreement, requires the s'ervices of any
subcontractors or other professional associates. in connection with
service covered by this Agreement, CONTRACTOR must secure the prior
written approval of the.COUNTY. If subcontractors or other professional
associates are required in c6hnection with the services covered by this
Agreement, CONTRACTOR shall remain fully responsible for the services of
subcontractors or other professional associates.
SECTION 14. INDEMNIFICATION OF COUNTY. The CONTRACTOR agrees to
hold harmless, replace, and indemnify the COUNTY, its conunissioners,
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officers, employees, ahd agents against any and all claim, losses,
damages or lawsuits for damages, arising from, allegedly arIsing from,
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or related to the provision of services hereunder by the, CONTRACTOR,
whether caused by the CONTRACTOR or otherwise. This. hold h'-a~~~ss';':-" ,.
release and indemn,ification shall include any claim based on negligence',
action or inaction of the parties.
SECTION 15. INSURANCE.
(a) General. The CONTRACTOR shall at the CONTRACTOR's own cost,
procure the insurance re~uired under this s.e~t.i().~... _.._..___......._._.__._. _.__'_..__
. ('1)" The CONTRACTOR shall furnish' the'-COUNTY. -. with a
Ceitificate of Insurance signed by an authorized representative of the
insurer evidencing the insurance required by this Section (Auto
Liability, Workers' Compensation/Employer's Liability and Commercial
General Liability). The COUNTY, its'officials, officers, . and employees
shall be named additional insured,under the Corrunercial General Liability
policy. The Certificate of Insurance' shall provide that the COUNTY
shall be given not less than thirty (30) days written notice prior to
the cancellation or restriction of coverage. Until such time a's the
insurance'is no longer required to be maintained by the CONTRACTOR, the
CONTRACTOR shall p-rovide. the COUNTY with a. renewal or replacement
Certificate of Insurance not less than thirty (30) days before
expiration or replacement of the insurance for which a previous
certificate has been provided.
(2) The Certific'ate shall cont'ain a statement that it is
being provided in accordance with the Agreement 'and that the insurance
is in full compliance with the requirements of the Agreement. In lieu
of the statement on the Certificate, the CONTRACTOR shall, at the option
of the COUNTY submit a sworn, notarized statement from an authorized
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representative of the insurer that the Certificate is being provided in
accordance with the Agreement and that the insurance is in full
compliance with the requirements of.the Agreement.
(3) In addition to providing the Certificate of Insurance,
if required by the,COUNTY, the CONTRACTOR shall, within thirty (30) days
after receipt of the request, provide the COUNTY with a certified copy
of each of the policies of insurance providing the coverage required by
this Section.
(4) Neither approval by the COUNT~ or failure to disapprove
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the insurance' furnished by CON.TRACTOR shall' relieve ~he CONTRACTOR of.
the CONTRACTOR's full responsibility for performance of any obligation
including CONTRACTOR's indemnification of COUNTY under this Agreement.
(b) Insurance Company Requirements. Insurance companies
providing the insurance under this Agreement must meet the following
requirements:
(1 ) Companies issuing policies other than Workers'
Compensation must be authorized to conduct business in the State of
Florid? and prove same by maintaining Certificates of Authority issued
to the companies by the Department of Insurance of the State of Florida. .~.
Policies for Workers' Compensation may be issued by companies aut~orized
as a group self-insurer by Section 440.57, Florida Statutes.
(2) In addition, such companies other than those authorized
by Section 440.57, Florida Statutes, shall have and maintain a Best I s
Ra~ing of "A" or better and ~ Financial Size Category of "VII" or better
according to A.M. Best Company.
(3) If, during the period which an insurance company is
providing the insurance coverage required by this Agreement, an
insurance company shall: 1) lose its Certificate of Authority, 2) no
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longer comply with Section 440.57, Florida Statutes, or 3) fail to
maintain the requisite Best's Rating and Financial Size Category, the
CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such
circumstance, ircunediately notify the COUNTY and ircunediately replace the
insurance coverag~ provided by the insurance company with a- different
insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer with
an insurer acceptable to the COUNTY the CONTRACTOR 'shall be deemed to be
in default of this Agreement. .
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.." ('C) . Specifications. Without limiting any of . the other _.~ ,.-,
obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the
CONTRACTOR's sole. expense, procure, maintain and keep .in force amounts
and types of insurance conforming to the minimum requirements set forth
in this Section. Except as otherwise speci:f;ied in the Agreement, the
insurance shall become effective prior to the conunencement of work by
the CONTRACTOR and shall be maintained in force until the Agreement
completion date. The amounts and types of insurance shall conform to
the fo~lowing minimum requirements.
(1 ) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance shall cover the CONTRACTOR
for liability which would .be covered by the latest edition of the
standard Workers' Compensation Policy, as filed for use in Florida by
the National Council on Compensation Insurance, without restrictive
endorsements. The CONTRACTOR will also be responsible for procuring
proper proof. of coverage from its subcontractors of every tier for
liability which is a result of a Workers'. Compensation injury to the
subcontractor's employees. The minimum required limits to be provided
by both the CONTRACTOR and its subcontractors is outlined in subsection
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(c) below. In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the
United States Longshoremen and Harbor Workers' Comp~nsation Ac~, Federal. .
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Employers' Liability Act a~d any other applicable Fede:r:al or' :St~.te la~'.;.:'/
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(~) Subject to the restrictions of cov~rage~orind.~n'
the standard Workers' Compensation Policy, there shall be no maximum
limit on the amount of coverage for liability imposed by the Florida
Workers' Compensation Act, the United States Longshoremen's and Harbor
Workers' Compensation Act, or any o~h~ r.._u-,~()y~ra51.:__ ~_':l~ ::?~ar.~ 1 y insured
under Part One of the standard Workers" Compensation Policy.
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(C) The minim~ amount of coverage under Part Two of
the standard Workers' Compensation Policy shall be:
$ 500,000.00 (Each Accident)
$1,000,000.00 (Disease-Policy Limit)
$ 500,000.00 (Disease-Each Employee)
(2) Commercial General Liability.
(A) The CONTRACTOR's insurance shall cover the
CONTRACTOR ,for those sources of liability which would be covered by the
latest .. edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01) , as filed for use in the State of Florida by
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the . Insurance Services Office, without the attachment of' restrictive
endorsements other than the .eliminat~on of Coverage C, Medical Payment
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and the elimination of coverage for Fire Damage Legal Liability.
(B) The minimum limits to be maintained by the
CONTRACTOR (inclusive of any'amounts provided oy an Umbrella or Excess
policy) shall be as follows:
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LIMITS
General Aggregate $Three (3 ) Times the
Each Occurrence Limit
Personal & Advertising $500,000.00
Injury Limit
Each Occurrence Limit $500,000.00
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(3 ) Business Auto Policy.
(A) The CONTRACTOR's ins.urance shall cover the
CONTRACTOR for those sources of liability which would be covered by Part
IV of the latest edition of the standard Business Auto Policy (ISO Form
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CA 00 01), . as filed for use in the State of Floridi 'by the Insurance
Services Office, without the attachment of restrictive endorsements.
Coverage shall include owned, non-owned and hired autos.
(B) The minimum limits to be maintained by the
CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess
policy) shall be . per accident combined single limit for bodily injury
liability and prop~rty damage liability. If the coverage is subject to
an aggregate, the CONTRACTOR shall maintain separate aggregate limits of
coverage applicable to c~aims arising out of or in connection with the
work under this Agreement. The separate aggregate limits to be
maintained by the CONTRACTOR. shall be a minimum of three (3 ) times the
per accident 1 imi t required and shall apply separately to each policy
year or part thereof.
(C) The minimum amount of coverage under the Business
Auto .Policy shall be:
LIMITS
Each Occurrence Bodily $500,000.00
Injury and Property Damage
Liability CombiI:led
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(d) Coverage. The insurance provided by CONTRACTOR pursuant to'
thia Agreement shall apply on a primary basis and any other insurance or
self-insurance maintained by the COUNTY or the COUNTY's officials,
officers, or employees shall be excess of and not contri~uting with the .:
insurance provided.,by or on behalf of the CONTRACTOR.
( e) Occurrence Basis. The Workers' Compensation Policy and the
Cormnercial General Liability required by this Agreement shall be
provided on an occurrence rather than a claims-made basis..
( f) Obligations. Compliance with the foregoing insurance
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of liability from any obligation under a Section or any other portions
of this Agreement.
SECTION 16. ALTERNATIVE DISPUTE. RESOLUTION (ADR).
( a) In the event of a dispute related to any performance or
payment obligation arising under this Agreement, the parties agree to
exhaust COUNTY ADR procedures prior to filing suit or otherwise pursu~ng
legal remedies. COUNTY ADR. procedures for proper invoice and payment
disput~s are set forth in Section 55.1, "Prompt Payment Procedures,"
Seminole County Administrative Code. Contract claims include all
controversies, except disputes addressed by the "Prompt Payment
Procedures," arising under this Agreement and ADR. procedures therefor
are set forth in Section 220.102, "Contract Claims," Seminole County
Code.
(b) CONTRACTOR agrees that it will file no suit or otherwise
pursue legal remedies based on facts or evidentiary materials that were
not presented for consideration in the COUNTY ADR procedures set forth
in subsection (a) above of which the CONTRACTOR had knowledge and failed
to present during the COUNTY ADR procedures.
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(C) In the event that COUNTY ADR procedures are exhausted ~nd a
su~t is filed or legal remedies are otherwise pursued, the parties sha~l
exercise best efforts to resolve disputes through voluntary mediation.'
Mediator selection and the procedures to be employed in volunta~y
mediation shall ~,l?e mutually acceptable to the parties. Costs of
voluntary mediation shall be shared equally among the parties
participating in the mediation.
SECTION 17. . REPRESENTATIVE OF COUNTY AND CONTRACTOR.
(a) It is recognized that questions in .the day-t9-day conduct of
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performance pursuant to .-this.Agreement The COUNTY, upon
request by CONTRACTOR, shall designate in writing and shall advise
CONTRACTOR in writing of one (1 ) or more COUNTY employees to whom all
communications pertaining to the day-to-day conduct of the Agreement
shall be addressed. The designated representative shall have the
authority to transmit instructions, recei veinformation and interpret
and define the COUNTY's policy and decisions pertinent to the work
covered by this Agreement.
(b) CONTRACTOR shall, at all times during the normal work week,
designate' or appoint one or more representatives of CONTRACTOR who are
authorized to act on behalf of CONTRACTOR regarding all matters
invol ving . the conduct. of the, performance pursuant to this Agreement and
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shall 'keep COUNTY continually advised 6f such designation.
SECTION 18. ALL PRIOR AGREEMENTS SUPERSEDED. This document
incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable .to the matters
contained herein and the parties agree that there are not conunitments,
agreements or understandings concerning the subject matter of this
Agreement that are not contained or referred to in this document.
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Accordingly, it is agreed that no deviation from the terms hereof shall
be.predicated upon any prior representations or agreements, whether orpl
or written.
SECTION 19. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No
modification, amendment or alteration in the terms or conditions
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contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
SECTION 20. INDEJ?ENDENT CONTRACTOR. It . is agreed that nothing
herein contained is'intended or should be construed. as in any manner
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creating or establishing a relationship' of 'copartiiers between the
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parties, or as constituting the CONTRACTOR including its officers,
employees, and agents, the agent, representative, or employee of the
COUNTY for any purpose, or in any manner, whatsoever. The CONTRACTOR is
to be and shall remain an independent contractor with respect to all
services performed under this Agreement.
SECTION 21. EMJ?LOYEE STATUS. Persons employed by the CONTRACTOR
in the performance of services and functions pursuant to this Agreement
shall ~ave no claim to pension, workers' compens a t ion', unemployment com-
pensation, civil service or other employee rights or privileges granted '.
to the COUNTY's officers and employees either by operation of law or by
the COUNTY.
SECTION 22. SERVICES NOT J?ROVIDED FOR. No claim for service.s
furnished by the CONTRACTOR not specifically provided for herein shall
be honored by the COUNTY.
SECTION 23. J?UBLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY's.
obligations under Article 1, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, to release public records to members of
the public upon request. CONTRACTOR acknowledges that COUNTY is
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required to comply with Article 1, Section 24, Florida Constitutio~ and
Ch~pter 119, Florida Statutes, in the handling of the materials creat~d
under this Agreement and that said statute controls over the terms of
thi.s Agreement.
SECTION 24 .~" NOTICES. Whenever either party desires to give
notice unto. the other, i.t must be given by written notice, sent by
certified United States mail, with return receipt requested, addressed
to the party for whom it is intended at the place last specified and the
place 'f6r giving of notice shall remain such .until it shall have been
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compliance provisions '''c'f, this' . .-
. . . changed. by. written notice in with the
Section. For the present, the parties designate the following as the
respective places for giving of notice, to wit: ,
FOR COUNTY:
Public Safety
150 Bush Boulevard
Sanford, Florida 32773
FOR CONTRACTOR:
Grubbs Emergency Services, Inc.
1115 South Main Street
Brooksville, Florida 34601
SECTION 25. RIGHTS AT LAW RETAINED. The rights and remedies of
".
the COUNTY, provided for under this Agreement, are in addition to any
other rights and remedies pr9videdby law.
.
S:e:CTION 26. COMPLIANCE WITH LAWS AND REGULATIONS. In. providing
al~ services pursuant to this Agreement, the CONTRACTOR shall abide by
all statutes, ordinances, rUles, and regulations pertaining to, or
regulating the provisions of, such services, including those now in
effect and hereafter adopted. Any violation of saId statutes,
ordinances, rules, or regulations shall constitute a material breach of
this Agreemen't, and shall entitle the COUNTY to terminate this Agreement
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inunediately upon delivery of written notice of termination to the
CONTRACTOR.
SECTION' 27. CONFLICT OF INTEREST.
(a) The CONTRACTOR .agrees that it will not. engage in any action
that would creat@.< a conflict of interest in the performance of its
obligations .pursuant to this Agreement with the COUNTY or which would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b) The CONTRACTOR hereby certi fies that no' officer, agent or
_n' _ ._.., __. "0_ .._. .._,,_.._. "_H~"'~_ . . .. . .--
employee of the COUNTY has~any ~aterial inierest.(~s a~firted in Section
112.312(15), Florida Statutes, as over 5%) either directly or indirect-
ly, in the business of the CONTRACTOR to be conducted here, and that no
"
such person shall have any such interest at any time during the term of
this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR
hereby agrees that monies received from the COUNTY pursuant to this
Agreement will not be used for the purpose of lobbying the Legislature
or any other State or Federal Agency.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein.
SERVICES, INC.
By:
. GRUBBS, President
(CORPORATE SEAL) Date: -----!
-
17
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ATTEST: OF COUNTY COMMISSIONERS
E C UNTY, FLORIDA
By:
RSE MCLAljTc c~rman
co~nt/~O:is~~~~~r~fof . Date :O~ 0 ~'_Q~
Seminole County, i.O!orida. I .. .
For the uie ~nd reliance As authorized for execution by
of Seminole County only. the Board of ounty Commissioners
Approved as to form and at their J ~ , 20 /);1-,
legal su iciency. regular meet ng. ----
. Coun .. .-- -. ...-.. ...... .... ...-- .
.. .. ... ...-"
AC/1pk ·
12/21/01
RFP-4127-ges
,
Attachments:
Exhibit "A" - Scope of Services
Exhibit "B" - Rate Schedule
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• Demolition and Debris Removal from Public (other than Rows - or
} Private Property -, Should
imminent threat to. life, safety, and health to the general public be resent on ubli ' an
Contrac as directed p p car private property, the
by the County or its designee, will accomp the removal .
rivals property. Al! access t of debris from public or
p o private property shall follow FEMA guidelines.
• Temporary Debris Staging and Processing Facilities (TDSPF) �- Th . .. ntly review and agree u . e Contractor and the Coun
designee will j o i ntly on alternative s� • or its
P sit for debris management. The Contractor wil
thoroughly videotape and photograph each site prior to any usage.
The Contractor will operate and maintain a sufficient number of TDSPF • • ble
S F to accept and process all eligible
storm debris. Preparation and maintenance of facilities shall include but i g
s net limited to maintenance and
stabilization of the
TDSPF approach and interior road(s) roads necessa for The rY ingress and egress for the
entire period of debris hauling. e Contractor shall provide fencing to control wind blown d
fencing and water retention berms. Each facilit debris, silt
cil shall include a roofed. inspection tower sufficient f
minimum of three (3) inspectors for the inspection of all incoming a
g• and outgoing Toads. The Contractor shall
construct an area for temporary offices and other items necessar t •
management. ° perform operations and
All debris shall be subject to .inspection b the 'County or it '
Y ty s designee, inspections will be to ensure
compliance with the contract and applicable local, state and feder t l
a aws. The Contractor will, at all times,
provide the County or its designee access to all work sites an •
d processing and disposal areas.. The
Contractor and the County will have in place at the TDSPF
F personnel to verify and maintain records
regarding the contents, volume and/or weight of the vehicles entering .
ring and leaving the TDSPF.
The Contractor shall rocess all debris entering ntering the TDSPF. Processing includes, - but is not limits
roved or other .d to, tub
grinding, incineration where a
Pp alternate methods of reduction. Prior to rocessin all
dobris will be segregated among vegetative debris constructs • • (C&D) P, g'
debris white goods � on and demolition debris, recyclable
g s and hazardous wastes. The Contractor shall be resp onsible f .
removing of - all materials not ' requirin g • • p or the transporting and
re
q iring landfilling. All .debris to be landfilled shall be delivered
Contractor to the Landfill local � by the
Seminole Coun
tY located at � 930 Osceola Road in Geneva,
The Contractor shalt not transp hazardous azardous materials to the TDSPF or other sites that are not s '
authorized to accept such materials. The Cou pecifically
County shall independently contract far the hazardous waste
disposal. The Contractor shall be responsible for ro er handling •
ht to the p P and storage of any hazardous materials
brought TDSPF. The Contractor shall furnish an area at each TDSPF to accommodate any
hazardous materials inadvertently brought to the facility. The area shall be lined w' •
wit �mpenrfous material
surrounded with berms or other co ntainment structures to_contain any potential leakag
All processing hall be
9 performed in accordance with all local, state and fed '
Contractor shall be responsible -for era/ regulations. The
p obtaining and paying for all permits required to constr
maintain, close and reclaim the TDSPF. a uct, operate,
The Contractor shall maintain the TDSPF in accordance '
local, state and federal regulations, including t e with all
insect 9 a minimum stormwater management, erosion, rodent
, odor and fire control.
The Contractor shall ensure that site reclamation be accomplished in accordance with all local, state and
federal regulations. The Contractor will remove •
all equipment and debris, grade, sod, seed and mulch in
order to return the site to pre -event status.
Disaster Recovery Technical Program Management •
or its g agement Assistance -The contractor will assist the Coun
designee �n preparation of Federal (FEMA) tY
and State reports far any potential reimbursement
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through the training of County employees and the review of documentation
n prior to submittal, the
Contractor will work closely with the Florida Division of Emerg Man agement,
licable State � B Y Bement, . FEMA and ether
a
pp 5 a e and Federal Agencies to ensure that eligible items and data documentation
re' rnentation appropriately
address concerns of the likely r e im bursement agencies, At a minimum, the Contractor w •
technical p rogram management ill provide the
following p g g nt assistance for recovery; .
• Identify the expenditures eligible for reimbursement
• Submit official "Request for Project worksheets (PW) .
Train and assist County staff to identify eligible items for reimbursement and rev PyV for accurate
scope of work and unit costs.
• Assist County staff to create and maintain the recover process document
rY p anon plan.
Provide recommendations to the County on need. to contract for labor
or project management for
projects requiring intense oversight.
Track Pw through State and Federal process
• Provide written and oral status reports as requested to the Coun
tY..
Review documentation for applicability to State and Federal re uirementd'
Provide orient training �
• anon and training to County staff on accuracy, quantity and quality ty of required
��- Review documentation for accuracy, quantity and quality. q tY .
• Assist in preparation of claim documentation.
i Provide recommendations to County n tY cans of action
I'
Provide guidance to County on issues involving State and Federal reimbursement.,
• Assist County in negotiations with State and Federal agencies.
The Contractor shall accompany and assist the County r its designee ' •
tY g �n assessing and preparing PuV for
submittal to State and Federal agencies
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The Contractor shall provide all records, disposal tickets field ' ins ec .
inspectio reports and other data sufficient to
provide substantiation for State and Federal reimbursement appli cations.
cations.
The contractor shalt review all reimbursement ap plications • * .
� • � pp prepared by the County or its designee to
submittal for sufficiency 'in meeting the reimbursement re uirements of the .
recommend q se agencies and notify the County
of any recommended changes, corrections, alterations or deletions.
The Contractor shall assist the County or its designee in re .
g responding to State and Federal agency requests for
additional information.
1S
EVENT SCENARIOS
Contractor Responsibilities
1. SPOT JOBS - LOCALIZED - In this event, the Contractor ma •
y be called upon only to prvv�de retrieval
hauling and/or reduction of localized woody debris. The work will more like/ be assisting government
Y g g ernment
resources.
2. SMALL EVENT » WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide
supervision, la dispose y p all
necessary p labor, and all equipment to remove, haul, process, and/or of all
types of
debris with its own resources, except that government land may be provided for temporary sto
P rY e
g
3. SIGNIFICANT EVENT - REMOVAL, REDUCTION, HAULING - WOODY DEBRIS ONLY - WIDESPREAD
OR COUNTYWIDE - In this event, the Contractor may provide all necessary to remove sup ervision labor, and all
equipment , process and haul woody debris to a disposal site designated, manag and
operated b a g overnment agency or contra 9
Y 9 9 y star, .
4. SIGNIFICANT EVENT •- REMOVAL, REDUCTION, HAULING AND SEPARATING IVI1xED DEBRIS
WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide all necessa su • .
ry pery :span,
labor, and all equipment to remove, process and haul woody debris to a disposal -site designated,
grated,
managed, and operated by a government agency or contractor.
5. CATASTROPHIC EVENT •- REMOVAL, REDUCTION, HAULING AND SEPARATING MI ..
xE❑ DEBRIS
COUNTYWIDE - In this event, the Contractor may provide all necessary supervision, labor,
rY su P and all
equipment to remove, process and haul mixed debris to multiple disposal sites designated', mana e d and
operated by government agencies or contractor.
g 9
5. CATASTROPHIC EVENT - SITE MANAGEMENT - COUNTYWIDE - In this event the Contra t '
c or will be
tasked to plan, setup, mobilize equipment, manage, operate and c lose one or more debris management
ement
sites county -wide. The Contractor will be responsible for all necessary r .
p Dry t , off �c control, weighing, measuring,
reduction, recycling, and all other necessary operations for the operation of the site •s through close site( s) g se out.
Proposers shall prove experience with site management and FEMA requirements, rules and reg
uali for this q � to
qualify scenario.
7. CATASTROPHIC EVENT - TOTAL MANAGEMENT - COUNTYWIDE' - •
In this event, the Contrac will be
tasked to co mbine site management and field operations listed above for the removal through . g disposal of
erie
rove ex
mixed debris at multiple and different type sites countywide. Proposers shall
P P experie with overall
management and FEMA requirements, rules and regulations to qualify for this scenario.
The proposer shall provide price proposals, for three categ ories of work on the r'
scenarios indicated above.
g price proposal sheet for the
D. Debris Removal and trans ortation to TD Landfill: -
P TDSPF o Osceola Rd Landfill. means all work collecting
and transporting debris to the TDSPF or Osceola Road Landfill. This work does not include
ude operation
of the TDSPF (i.e., the price for this work includes collection and transportation of debris s only. if Item
C. work is conducted, no charges for item A. are allowed).
}
E. TDSPF operation: means all work related to the set-up, o eration clean-up, .
,�
... , . roc i
p an up, and restoration of the
Temporary Debris Staging and Processing Facilities - including debr p rocessing and removal of debris
. .p 9
{the price for this work does not include any collection or transportation costs). The
.. p } County will pay far
#
his work only if a TSPF is set up and operated by the contractor.
F. Structure Demolition and transportation of Structure Debris to TDSPF or Osceola Road LandfiIl& .
means all work related to the demolition of a structure, on -site seg regation of materials if necessary,
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•y �
i
S
and transportation of the debris to the TDSPF or Osceola Road Landfill.
. fill. This work does not ' Include
operation of the TDSPP (also, if item C. work is conducted no charges . rges far Item A. are allowed )W
}
CO NTRACTOR
The Contractor shall furnish all necessa �
ry personnel, materials, equipment, labor, sup ervision fa .. .
for or incidental p cilities and
shall otherwise provide all services necessary dental to the performance of all work as defined '
scope of services. �n the
The Contractor shall ensue that any subcontractor utilized to assis •
list in the execution of the scope of services
shall meet or exceed the same requirements of the Contractor.
The Contractor shall secure and pay for all temporary •
services. U declarat ry permits and licenses necessary for the execution of
Up on declaration of an emergency or disaster, the Contract •
permits and livens or shall not be held responsible to
secure
p es should requirements be waived b local or state regulatory i
Y g story agencies.
• r
Under general oversight of the Count or its d s
.. y designee, the Contractor shall supervise end direct all work la
equipment. The Contractor is solely resp onsible far t labor
and
procedures .. p he means, methods, techniques, safe program an
p es utilized. The contractor shall employ an . safety P 9 d
liaison, as directed. p Y d maintain on the work site(s) qualified and access
supervisor(s) or provide the County a li s ble
At least one accessible and designated su ervisor
or liaison in the area of operation shall be available and p
have authority to act on behalf of the Contractor.
communications given to the liaison in writing the Count All
g Y y hall be as binding as if given to the Contractor.
The name(s) and telephone numbers t � � •
} of he. supervisor {s }llialson(s) shall be su lied t
designee for each issuance of a eed.
Notice to Proc pp o the County or its
The Contractor shaft have the shill to g uarantee � � -
ability g e operations, and pay subcontractors for
receiving payments from the County,
4 day(s) prior to
The Contractor shall provide u to fort 4�
p y t } hours annually of on - site pre -event lannin •
services as directed by the county. p 9 and coordination
The Contractor shall, to the extent radical ... .
p , give priority to utilizing resources in Seminole Coun
surrounding area, including, but not limited to procuring ty and the
lobo p g supplies and equipment, awarding subcontracts and
employing
r.
The Contractor shall make doll report to the � "
Y p e County or its designee to detail the ra ress of s
reports shall include a description of all areas where la g services. Such
blocks where work was done, detailing the street names and addres
debris removal was completed. The reports must s
ort p also include the types and volumes of debris
removed, transported, ed, processed and disposed.
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SEMINOLE FLo ALCHOICE � rice �� 'S NAiUR Pro poral
Price Will be based on per ton scale weights recorded at the Osceola Road Land •
il1 l. Upon written no b
the project manager, per cubic yard rates will be used. The Count will determine the `�
Soo p ound per cubic cubic yard rate based on a
p p yard con factor.
G roug I . r
0 Scenario I . S PDT IO BS
0 Scenario 2. SMALL EVENT
Per Ton Price Per Cubic Yard Price
A. Debris Removal and Transportation
to TDSPF or Osceola Road Landfill: $ 60.00 .
$ 15
S. TDSPF Operation:
(Includes Debris Processing & Dlsposal) 40.00 -~ -
$ 1 0.00
C. Structure Demolitlon and
Transportation of Structure Debris to
TDSPF or Osceola Road Landfill:
54.00 $ 13.50
G ro u 2 .
0 Scenario 3. SIGNIFICANT EVENT -- REMOVAL REDUCTION, HAULING GOODY DEBRIS ONLY
s Scenario 4. SIGNIFICANT EVENT -- REMOVAL, REDUCTION. HAULING &
SEPARATING MIXED DEBRIS
Per Ton Price Per Cubic Yard Price
A: Debris Removal and Transportation
to TDSPF or Osceola Road Landfill: $ 60.00
.. ..�..... $ 1 5.00
B. TDSPF Operatlon: .�`..�.
(Includes Debris Processing & Disposal) $ 40
C. Structure Demolition and $ 10' 00
Transportation of Structure Debris to
TDSPF or Osceola Road LandPll: $ 54.00
$ 13.50
Group 3.
� Scenario 5. CATASTROPHIC EVENT — REMOV
AL, REDUCTION. HAULING & SEPARATING MIXED DEBRIS
• Scenario 6. CATASTROPHIC EVENT -- SITE MANAGEMENT
• Scenario 7. CATASTROPHIC EVENT —TOTAL MANAGEMENT
Per Ton Price I'er Cubic Yard Price
A- Debris Removal and Transportation � .
to TDSPF or Osceola Road Land 11: $ 60
B. TDSPF Operation:
$ 15. oD
(includes Debris Processing & Disposal) $ 40.00
C Structure Demolition and $ 10-00
Transportation of Structure Debris to
TDSPF or Osceola Road Landfill: $ 54-00
$ 13. So
OTHER:
40 flour Annual Planning & Coordination $ 0.00
Printed on Regcied Paper
610 8,0
* IM AM► mww%&*AMw ■&.a
01019,9W7
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S,em- "nole,'-C-oun-t
Purchasing Division f
1 101 E.1 st Street
Sanford, Florlda 32771 -1463
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. 19= L -
LETTER OF TRANSMITTAL
Phone: 407lSoo -7119 Fax: 40715b5 -7950
To: Grubbs Emergency Services Date: February 14, 2002
1115 South Main Street
Brooksville, Florida 34001
Atte Mr. John'G. Grubbs; Presid.ent
RE:
Contract No,: RFP- 4127- 01IBJC
SUBJECT: Certified CO
ITEM DESCRIPTION --
No.
Certified Co
THESE ARE TRANSMITTED as checked below:
E3 For your information ❑ For your signature 0 For your records
❑ For approval . ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ For your review & comment
❑ As requested 0 Returned for corrections C] Please return to my attention
❑ For your action . ❑ ❑ Please respond by , 200
13 FOR BID]SIRFP DUE 9 200
COMMENTS:
COPY TO D. Gregory, I. Barrow, M. Flomerfelt, M. Landgraf SIGNED:
P. Andrews, J. Garrett, S. Montgomery
Records/Legal/Finance/Project File
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.
TITLE:
David Santiago
Contracts Analyst