MSV_Monitoring_rfp disaster services 2018-10-01
Miami Shores Village
Request for Proposal
No. 2018-10-01
“Disaster Recovery Management, Disaster Debris
Monitoring and Disaster Recovery Services”
RFP Sealed Proposal Acceptance:
Monday, November 13th, 2017, 5:00 P.M.
Miami Shores Village Hall
10050 N.E. 2nd Avenue
Miami Shores, FL 33138
October 27, 2017
MIAMI SHORES VILLAGE, FLORIDA
Miami Shores Village, Florida (the “Village”) invites qualified firms to submit proposals to provide:
“Disaster Recovery Management, Disaster Debris Monitoring and Disaster Recovery Services”
Miami Shores Village is accepting Requests for P roposals from a firm(s) to provide services
necessary for the project (the “Project”) described herein on a stand-by basis.
Miami Shores Village , Florida (the “Village”) will receive sealed proposals until 5:00 PM (local),
November 13th, 2017, at Village Hall, 10050 N.E. 2nd Avenue, Miami Shores, FL 33138. Faxed or e-mailed
proposals shall be rejected and will not be accepted.
The Village’s contact information for this RFP is:
Office of the Village Manager
Tom Benton
10050 N.E. 2nd Avenue
Miami Shores, Florida 33138
Telephone: 305-762-4851
RFP documents may be obtained via the Internet at the Miami Shores Village website at
www.miamishoresvillage.com. If you do not have internet access, you may obtain the documents by
contacting the Village Manager’s Office.
The Village reserves the right to reject proposals with or without cause a nd for any reason, to waive any
irregularities or informalities, and to solicit and re-advertise for other proposals. Incomplete or non-
responsive proposals may be rejected by the Village as non-responsive or irregular. The Village reserves
the right to reject any proposal for any reason, including, but without limitation, if the Proposer fails
to submit any required documentation, if the Proposer is in arrears or in default upon any debt or contract
to the Village or has failed to perform faithfully any previous contract with the V illage or with other
governmental jurisdictions. All information required by this RFP must be supplied to constitute a proposal.
RFP GENERAL INFORMATION
A. DEFINITIONS
For the purposes of this Request for Proposal (RFP): Proposer shall mean the contractor,
consultant, respondent, organization, firm, or other person submitting a response to this RFP.
Village shall mean the Miami Shores Village, Village Council or Village Manager, as applicable, and
any officials, employees, agents and elected officials.
Contact information for the purpose of this RFP shall mean:
Tom Benton, Village Manager
10050 N.E. 2nd Avenue
Miami Shores, Florida 33138
Telephone: 305-762-4851
Email: VMOffice@msvfl.gov
B. INVITATION TO PROPOSE; PURPOSE
The Village solicits proposals from responsible Proposers to submit qualifications to perform work
for or provide goods and/or services to the Village as specifically described in Part I, Statement of
Work.
C. CONTRACT AWARDS
The Village Council anticipates entering into a contract with the Proposer who submits the
proposal judged by the Village to be most advantageous. The Village anticipates awarding one
contract, but reserves the right to award more than one contract if in its best interest. If the
Village selects a Proposal, the Village will provide a written notice of the award.
The Proposer understands that neither this RFP nor the notice of award constitutes an agreement
or a contract with the Proposer. A contract or agreement is not binding until a written contract
or agreement has been approved as to form by the Village Attorney and has been executed by
both the Village (with Council approval, if applicable) and the successful Proposer.
D. PROPOSAL COSTS
Neither the Village nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this RFP. Costs of preparation of a response to this
request for proposals are solely those of the proposers. Proposers should prepare their proposals
simply and economically, providing a straightforward and concise description of the Proposer's
ability to meet the requirements of the RFP. The Village bears no responsibility for any costs
associated with any administrative or judicial proceedings resulting for the solicitation process.
E. INQUIRIES
The Village will not respond to oral inquiries. Proposers may, via electronic mail, submit written
inquiries for interpretation of this RFP to the attention of Tom Benton.
Please mark the correspondence “RFP No. 2018-10-01”.
The Village will respond to written inquiries received at least 5 working days prior to the date
scheduled for receiving the proposals. The Village will record its responses to inquiries and any
supplemental instructions in the form of a written addendum. If addenda are issued, the Village
will email, mail or fax written addenda to any potential Proposer who has provided their contact
information to the Manager. Although the Village will make an attempt to notify each
prospective Proposer of the addendum, it is the sole responsibility of a Proposer to remain
informed as to any changes to the RFP.
F. DELAYS
The Village may postpone scheduled due dates in its sole discretion. The Village will attempt to
notify all registered Proposers of all changes in scheduled due dates by written addenda.
G. PRE-PROPOSAL MEETI NG No pr e-proposal meeting is scheduled.
H. PROPOSAL SUBMISSION
Proposers shall submit one (1) original unbound and five (5) copies of the proposal in a sealed
package. All copies will be on 8 ½” x 11” plain white paper, typed, and signed by an authorized
representative who is able to contractually bind the Proposer. In addition, Proposers must submit
one (1) original copy of the Proposal on electronic media in printable Adobe or Microsoft Word
format (or other format approved by the Village). Failure to adhere to the submittal quantity
criteria may result in the Proposal being considered non-responsive.
The package shall be clearly marked on the outside as follows:
To: Miami Shores Village
RFP No. 2018-10-01
Subject: “Disaster Recovery Management, Disaster Debris Monitoring and
Disaster Recovery Services”
Submitted by:
Address: .
Proposals shall be submitted in person or by mail. Email submittals are not accepted.
Any proposal may be withdrawn until the date and time set above for the submissions of the proposals.
Late submittals, additions, or changes will not be accepted and will be returned.
Pursuant to County Code, public notice is hereby given that a “Cone of Silence” is imposed concerning the
Miami Shores Village competitive purchasing process, which generally prohibits communications concerning
the RFP from the time of advertisement of the RFP until such time as the Village Manager makes a written
recommendation to the Village Council concerning the competitive purchase transaction. For more
information on the “Cone of Silence”, please contact the Communications Specialist, Elizabeth Keeley at
keeleye@miamishoresvillage.com.
Introduction
The Village requires disaster recovery management services to support the oversight and management of
debris recovery contractors, emergency planning, training and public assistance consulting services as
outlined below. As such, the Consultant should be capable of providing a range of related services as
needed and ordered by the Village. Other services may include, but are not limited to, facilitating
communication with FEMA (Federal Emergency Management Agency), FHWA (Federal Highway
Administration), the State of Florida and other state and federal agencies, coordination with state
insurance representatives, pre-event planning, and post-event reconstruction, grant funding, and
reimbursement services.
i. Scope of Services
A. Disaster Debris Monitoring and Removal Services - The selected firm will be expected to
provide disaster debris monitoring services to include debris generated from the public
rights-of-way, private property, drainage areas/canals, waterways, and other public,
eligible, or designated areas. Specific services may include:
i. Coordinating daily briefings, work progress, staffing, and other key items with the
Village.
ii. Selection and permitting of TDSR locations and any other
permitting/regulatory issues as necessary.
iii. Scheduling work for all team members and contractors on a daily basis.
iv. Hiring, scheduling, and managing field staff and training Miami Shores Village staff for
monitoring.
v. Monitoring and managing recovery contractor’s operations and
making/implementing recommendations to improve efficiency and speed
up recovery work.
vi. Assisting the Village with responding to public concerns and comments.
vii. Certifying contractor vehicles for debris removal using estimate methodology
and documentation practices appropriate for contract monitoring.
viii. Comprehensive review, reconciliation and validation of debris removal
contractor(s) invoices prior to submission to the Village for processing along
with all debris removal reconciliation records.
ix. Tracking and entering load tickets into a database application with GPS coordinates
per FEMA requirements.
x. Digitization of source documentation (such as load tickets).
xi. Developing daily operational reports to keep the Village informed of work progress.
xii. Development of maps, GIS applications, etc. as necessary.
xiii. Documenting all leaners, hangers and stumps before and during removal.
B. Emergency Management Planning and Training - As directed by the Village, the Consultant
shall provide:
i. Comprehensive emergency management plans (e.g. COOP, EOP) to include plan
development; review, and revisions.
ii. Comprehensive mitigation programs to include development of mitigation
plan(s), staff training, cost benefit analysis, project management,
environmental review and staff augmentation.
iii. Development of a debris management plan – including identification of an
adequate number of TDSR locations. Staff training as necessary.
iv. Procurement assistance for debris removal contractors and other services as
requested.
v. Project management to include the formulation and management of work
projects as requested.
vi. Technical support and assistance in developing public information.
vii. Other training and assistance as requested by the Village.
viii. Other reports and data as required by the Village.
ix. Other emergency management and consulting services identified and
required by the Village.
C. Public Assistance Consulting Services - As directed by the Village pertaining to
FEMA, State and Local advisory services, the consultant shall provide:
i. Must possess extensive knowledge related to the Stafford Disaster Relief and
Emergency Assistance Act provisions and regulations (44CFR and 2 CFR 200), and
Sandy Recovery Improvements Act (SRIA) of 2013 including alternative procedures for
public assistance and debris removal.
ii. Develop a process/system from inception through the project closeout to prepare
and submit its PA program including documentation, procurement and contract,
payroll and grant submission report.
iii. Develop processes for obtaining, analyzing and gathering field documentation
including, but not limited, records related to procured goods and services,
timekeeping and force account labor and equipment.
iv. Attend all meetings with FEMA, State and insurance representatives, as well as
regular participation with the Village’s designated FEMA workgroup.
v. Identification of eligible emergency and permanent work (Category A-G).
vi. Damage Assessment.
vii. Assistance in attaining Immediate Needs Funding.
viii. Prioritization of recovery workload.
ix. Loss measurement and categorization.
x. Insurance evaluation, documentation adjusting and settlement services.
xi. Project Worksheet generation and review.
xii. FEMA, FHWA and NRCS reimbursement support including identifying and
communicating risks within the operation that could preclude the ability to optimize
reimbursement.
xiii. Staff augmentation with experienced Public Assurance Coordinators and
Project Officers to assist in the preparation of accurate PA emergency and
permanent work project estimates including, but not limited to, recognized
cost estimating, developing detailed damage descriptions and dimensions,
scope of work and proper identification of force account labor and equipment.
xiv. Interim inspections, final inspections, supplemental Project Worksheet
generation and final review.
xv. Appeal services and negotiations.
xvi. Reconstruction and long-term infrastructure planning.
xvii. Final review of all emergency and permanent work performed.
D. Financial, Payroll and Grant Management
i. Ensure disaster recovery and restoration processes comply with laws, regulations and
guidelines to maximize reimbursement for eligible disaster expenditures and to
minimize timing for reimbursement.
ii. Possess the expertise to assist in all disaster-recovery financial reimbursement and
reporting processes from FEMA, State or other agency. Ensure there are no
duplications of submission if varying agencies are involved.
iii. Possess the expertise to assist with FEMA, State (or other agency) guidelines to capture
force account labor eligible expenses accurately for timesheets and project cost
accounting. Assist in the review of Village personnel policies to ensure compliance for
eligible cost reimbursement.
iv. Possess the expertise to assist with FEMA, State (or other agency) guidelines to ensure
the capture of relevant data related to procured goods and services. Provide oversight
of contractor’s billing to ensure all costs eligible for disaster grant funding are
documented and claimed.
v. Perform periodic review and reconciliation of actual project spending to ensure project
costs are accurately captured.
vi. Ensure documentation is sufficient to respond to Office of Inspector General (OIG)
audits and reviews.
E. Information Technology & Data Management
i. Possess the expertise to assist Village staff in the development of IT solutions that
support the management and implementation of disaster recovery programs.
ii. Develop processes for the Village to properly collect data and document information
as necessary to optimize compliance with FEMA, State, or other agencies.
iii. Ensure Village documentation is sufficient to respond to Office of Inspector General
(OIG) audits and reviews.
F. Insurance and Other Funding Support
i. Review and understand the Village’s insurance coverage in order to ensure the Village’s
disaster recovery and restoration processes comply with laws, regulations and
guidelines as required by FEMA, State, Miami-Dade County or other agencies.
ii. Develop process to assist the Village in routing eligible expenses correctly including
insurance coverage guidelines.
G. Hazard Mitigation Support
i. Provide expertise in identifying, developing and evaluating opportunities for the
development of hazard mitigation programs to reduce or eliminate risk from future
events.
ii. Possess the expertise to assist the Village is preparing relevant documentation and
analysis related to hazard mitigation grant programs.
iii. Ensure Village hazard mitigation programs comply with laws, regulations and
guidelines as required by FEMA, State, Miami-Dade County or other agencies.
H. Emergency Management Support Services
i. Provide expertise related to post-disaster recovery.
2. Tasks/Deliverables
Specific tasks and/or deliverables are as outlined in the scope of services above.
3. Term of Contract
The proposed stand-by contract will be for a term of five (5) years for a period ending September
30, 2022. The contract may be extended by agreement of both parties for two (2) additional two
(2) year periods under the same terms and conditions.
4. Required Proposal Submittal
Submission/Format Requirements
Proposers shall submit one (1) original unbound and five (5) copies of the proposal in a sealed
package. All copies will be on 8 ½” x 11” plain white paper, typed, and signed by an authorized
representative who is able to contractually bind the Proposer. In addition, Proposers must submit
one (1) original copy of the Proposal on electronic media in printable Adobe or Microsoft Word
format (or other format approved by the Village). Failure to adhere to the submittal quantity
criteria may result in the Proposal being considered non- responsive.
Information to be included in the proposal: In order to maintain comparability and expedite the
review process, it is required that proposals be organized in the manner specified below, with tabs
or dividers between the sections:
Title page:
Show the project name and number, the name of the Proposer’s firm, address, telephone number,
name of contact person and the date.
Table of Contents:
Include a clear identification of the material by section and by page.
Letter of Transmittal:
Briefly state the Proposer’s understanding of the project and express a positive commitment to
provide the services described herein. State the name(s) of the person(s) who will be authorized
to make representations for the Proposer, their title(s), office and E-mail addresses and telephone
numbers. Please limit this section to two pages.
Technical Proposal:
Elaborate responses beyond that sufficient to present a complete and effective response to the
solicitations are not desired and may be construed as an indication of the Proposer’s lack of cost
consciousness. If the paper bid must be bound by means other than a staple, the Village prefers
that a three ring binder be used. Unless specifically requested in the solicitation, elaborate
artwork, corporate brochures, lengthy narratives, expensive paper, specialized binding and other
extraneous presentation materials are neither necessary nor desired.
The following issues shall be fully responded to in your proposal in concise narrative form. Each
issue should be referenced and be presented in the following order:
Tab 1: Qualifications of the Firm
A) Provide a description and history of the firm focusing on previous governmental experience
and previous experience with providing Disaster Recovery Consulting Services. Only past
experience as the prime contractor with local governments will be considered.
Personal qualifications of staff with past debris monitoring experience will be considered
regardless of the actual tenure with the proposing firm. The Village will accept and consider
proposals from all firms with professionals that meet the qualifications defined in the
Technical Proposal section of the RFP. Resumes must be provided. State and federal contracts
that do not reflect direct contractual obligations to perform services on behalf of the sub-
grantee will not be considered to be past local government experience. Firm qualifications
must include, at minimum, the following:
i. Recent experience demonstrating current capacity and current expertise in
debris removal, solid waste and hazardous waste management and disposal.
ii. Documented knowledge and experience coordinating with Federal, State and
Local emergency agencies.
iii. Experience representing FEMA eligible applicants, local governments,
municipalities or other with various state and federal funding sources and
reimbursement processes, including FEMA, FHWA and NRCS per Hurricane
Sandy Recovery Act, Debris Monitoring and Debris Management Planning.
iv. Experience with special disaster recovery program management services
including private property/right-of-entry (ROE) work, waterways clean-up and
reimbursement, leaning tree and hanging limb removal, hazardous material
removal, vessel and vehicle recovery, asbestos abatement, data management,
and hauler invoice reconciliation and contracting, and FEMA appeals assistance.
v. Discussion of specific instances in the last ten (10) years whereby a client’s
documentation/reimbursed amounts were challenged by a funding agency and
the firm or its personnel assisted in resolving said disputes to the advantage of
the client. Please indicate client name(s) and disaster to which this may have
related. In addition, please discuss instances in the last ten (10) years whereby
you were engaged for the scope of services herein, whereby a client may have
been required to return federal or state funding.
vi. Discussion of any litigation within the past five (5) years arising out of your
firm’s performance as it relates to the scope of services being solicited
herein.
B) Provide at least five (5) references for which the firm has performed services over the past 10
years, which are similar to the requirements in the Scope of Services. Three (3) of the
references shall be from local government entities that include hurricane debris monitoring
experience involving a minimum of 250,000 cubic yards of debris. Provide the reference
contact name, address, e-mail address, telephone numbers and date of the contract.
Tab 2: Qualifications of Staff
Provide an organizational chart, key staff resumes, and summary of staff qualifications. Key
project staff (management staff including, but not limited to: project manager, damage
assessment engineers, collection and disposal operations managers, FEMA program
reimbursement specialist, grants manager, data manager, etc.) must be full time employees of
the proposing firm and have experience, working for the Proposer, in the following:
i. Experience demonstrating current capacity and current expertise in FEMA Public
Assistance program including damage assessments, qualifying eligible projects,
preparing FEMA project worksheet forms, required submittals documentation,
debris removal, solid waste and hazardous waste management and disposal.
ii. Documented knowledge and experience of Federal, State and Local
emergency agencies, state and federal programs, funding sources and
reimbursement processes.
iii. Experience with special disaster recovery program management services
including private property/right-of-entry (ROE) work, waterways clean-up and
reimbursement, sand recovery and beach remediation, leaning tree and hanging
limb removal, hazardous material removal, vessel and vehicle recovery, asbestos
abatement, data management, and hauler invoice reconciliation and
contracting, and FEMA appeals assistance.
Tab 3: Technical Approach
Provide a description of the Proposer’s approach to the project for all FEMA Categories A-G to
include damage assessments validation and emergency costs procedures review and
documentation requirements, debris estimates validation and review and assimilation of
Categories A-G FEMA required submittals, forms, document management and maintenance of
records for FEMA / State project close out audits, Recovery Cost Documentation data gathering,
records review, costs reconciliation, and a Project Worksheet submittals preparation, and other
pertinent report preparations required for reimbursement by FEMA, FHWA and any other
applicable agencies for disaster recovery efforts by Village staff and designated debris removal
contractors, the startup procedures/requirements, debris estimate methodology, analysis of
debris recovery operations and management of the debris recovery contractors, billing/invoices
reporting procedures to FEMA and the Village.
Tab 4: Cost Proposal
Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included
herein. The Cost Proposal will be evaluated on the hourly rates submitted on the form for the
labor positions listed. All non-labor projected costs will be billed to the Village at cost, without
markup. Supporting documentation must be submitted for such expenses.
Positions
Estimated
Monthly Hours
(1)
Hourly
Rate
Project Manager 80 $
Operations Managers
FEMA Project Assistance Manager
160
160
$
$
GIS Analyst 16 $
Field Supervisors 670 $
Damage Assessment Technician
Debris Site/Tower Monitors
80
390
$
$
Environmental Specialist 16 $
Project Inspectors (Citizen Drop-Off Site Monitors) 870 $
Field Coordinators (Crew Monitors) 1,740 $
Load Ticket Data Entry Clerks (QA/QC) 750 $
Billing/Invoice Analysts 40 $
Data Manager 16 $
Public Assistance Coordinator 80 $
FEMA/FHWA Specialist 40 $
NOTE:
(1) Estimated hours are NOT intended to represent the actual contract amount, but are an estimate
of a typical work month and will be used for the sole purpose of evaluating proposals.
REGARDING PRICE: The firm providing the lowest cost to the Village shall receive the maximum
number of Cost Proposal points. Points shall be awarded to other proposers in the following
manner:
2nd Lowest Proposer: 2nd lowest cost – lowest cost = X X divided by lowest cost = Y
Y times the total number of cost points = Z
Total number of cost points – Z = points assigned to 2nd Lowest
Example: Lowest cost = $1000
2nd lowest cost = $1250
Total available points = 15 1250 – 1000 = 250
250 / 1000 = .25
.25 x 15 = 3.75
15 – 3.75 = 11.25 points to 2nd lowest bidder
Tab 5: Attachments
Insert proof of being licensed to do business in the State of Florida. A printout from the Florida
Department of State Sunbiz website is acceptable--
(http://search.sunbiz.org/Inquiry/CorporationSearch/ByName) and any other attachments
pertinent to your response.
COST PROPOSAL FORM/FEE SCHEDULE
Minority Participation: Miami Shores will consider disadvantage minority participation.
Proposer will provide minority subcontracting plan or list the State certified minority contractor
to be used for this work.
Tab 6: Village Documents or Forms
The RFP submittal shall include any and all required forms as indicated in this proposal. These
forms shall be completed, signed and returned.
YOUR OVERALL SCORE DEPENDS ON HOW
THESE ITEMS ARE ADDRESSED.
IF LITTLE OR NO INFORMATION IS PROVIDED, YOUR
PROPOSAL SHALL NOT
BE FAVORABLY CONSIDERED.
5. Insurance
The insurance described herein reflects the insurance requirements deemed necessary for this
contract by the Village. It is not necessary to have this level of insurance in effect at the time of
submittal, but certificates indicating that the insurance is currently carried or a letter from the
Carrier indicating upgrade ability will speed the review process to determine the most qualified
Proposer.
The successful Proposer(s) shall not commence operations until certification or proof of insurance,
detailing terms and provisions of coverage, has been received and approved by the Miami Shores
Village Risk Manager.
The following insurance coverage shall be required.
a. Worker’s Compensation Insurance covering all employees and providing benefits as required
by Florida Statute, Chapter 440, regardless of the size of the company (number of employees),
but no less than $1,000,000 for Employers’ Liability. Said coverage shall include a waiver of
subrogation in favor of Miami Shores Village and its agents, employees and officials. The
Contractor further agrees to be responsible for employment, control and conduct of its
employees and for any injury sustained by such employees in the course of their employment.
b. Liability Insurance
i. Naming Miami Shores Village as an additional insured, on General Liability Insurance
only, in connection with work being done under this contract.
ii. Professional Liability (Errors and Omissions) coverage shall include coverage for all
claims arising out of the services performed with limits not less than $1,000,000 per
claim. The aggregate limit shall either apply separately to this contract or shall be at
least twice the required per claim limit.
iii. Such Liability insurance shall include the following checked types of insurance and
indicated minimum policy limits.
The certification or proof of insurance must contain a provision for notification to the Village thirty
(30) days in advance of any material change in coverage or cancellation.
The successful Proposer shall furnish to the Village the certification or proof of insurance required
by the provisions set forth above, within ten (10) days after notification of award of contract.
LIMITS OF LIABILITY
each
Type of Insurance occurrence aggregate
GENERAL LIABILITY: MINIMUM $1,000,000 per OCCURRENCE/ $2,000,000 AGGREGATE
* Policy to be written on a claims incurred basis
XX comprehensive form
XX premises - operations bodily injury
XX explosion & collapse
hazard property damage
XX underground hazard
XX products/completed
operations hazard bodily injury and
XX contractual insurance property damage
XX broad form property Combined
damage
XX independent contractors
XX personal injury personal injury
-----------------------------------------------------------------------------------------------------------------------------
AUTOMOBILE LIABILITY: MINIMUM $1,000,000 per OCCURRENCE/$2,000,000
AGGREGATE
bodily injury
(each person)
bodily injury
XX comprehensive form (each accident)
XX owned property damage
XX hired bodily injury and
XX non-owned property damage
Combined
-----------------------------------------------------------------------------------------------------------------------------
REAL & PERSONAL PROPERTY
comprehensive form Consultant must show proof they have this coverage.
-----------------------------------------------------------------------------------------------------------------------------
EXCESS LIABILITY
bodily injury and
XX umbrella form property damage
XX other than umbrella combined $2,000,000. $2,000,000.
-----------------------------------------------------------------------------------------------------------------------------
XX PROFESSIONAL LIABILITY $1,000,000. $1,000,000.
* Policy to be written on a claims made basis
-----------------------------------------------------------------------------------------------------------------------------
6. Selection/Evaluation Process
All properly submitted RFP packages shall be evaluated by a Selection/Evaluation Committee
that will be appointed to select the most qualified firm(s). The Selection/Evaluation Committee
will present their findings to the Village Council.
Proposals will be evaluated using the following criteria:
Criteria Point Range
1. Qualifications and Experience
Firm & Staff qualifications and previous related work experience in the
subject area. Demonstrates a clear understanding of scope of work and
other technical or legal issues related to the project. History of any litigation
within the past five (5) years arising out of your firm’s performance as it
relates to the scope of services being solicited herein. Up to 10 points in this
category will apply to Minority Participation (MWDBE).
0-40
2. References
History and performance of firm/project team on similar projects. References
and recommendations from previous clients.
0-5
3. Technical Approach
Firm’s technical approach to perform scope of services requested to include
procedures, methodologies, resources, systems etc.
0-25
4. Cost
Including the overall project-task budget and itemized cost breakdowns.
0-30
Total 0-100
Each firm should submit documentation that evidences the firm’s capability to provide the
services required for the Committee’s review for short listing purposes. After an initial review
of the Proposals, the Village may invite Proposers for an interview to discuss the proposal and
meet firm representatives, particularly key personnel who would be assigned to the project.
Should interviews be deemed necessary, it is understood that the Village shall incur no costs as
a result of this interview, nor bear any obligation in further consideration of the submittal. All
such presentations or interviews shall be open to the public.
When more than three responses are received, the committee shall furnish the Village Council
(for their approval) a listing, in ranked order, of no fewer than three firms deemed to be the most
highly qualified to perform the service. If three or less firms respond to the RFP, the list will contain
the ranking of all responses.
The Village Council has the authority to (including, but not limited to); approve the
recommendation; reject the recommendation and direct staff to re-advertise the solicitation; or,
review the responses themselves and/or request oral presentations and determine a ranking
order that may be the same or different from what was originally presented to the Village Council.
7. Hold Harmless and Indemnification
Proposer covenants and agrees that it will indemnify and hold harmless the Village and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out
of any act, action, neglect or omission by the Proposer, whether direct or indirect, or whether to
any person or property to which the Village or said parties may be subject, except that neither
the Proposer nor any of its subcontractors will be liable under this section for damages arising
out of injury or damage to persons or property directly caused by or resulting from the sole
negligence of the Village or any of its officers, agents or employees.
8. Retention of Records and Right to Access
The selected firm shall maintain during the term of the contract all books of account, receipt
invoices, reports and records in accordance with generally accepted accounting practices and
standards. The form of all records and reports shall be subject to the approval of the Village’s
Internal Auditor. Recommendation for changes, additions, or deletions by the Village’s Internal
Auditor must be complied with by the selected firm. The information shall be made accessible to
the Village’s Internal Auditor who must be permitted to audit and examine the books of account,
reports, and records relating to this contract without restriction. The selected firm shall maintain
and make available such records and files for the duration of the contract and retain them until
the expiration of five years after final payment under the contract.
9. Communications
No negotiations, decisions, or actions shall be initiated or executed by the firm as a result of any
discussions with any Village employee. Only those communications, which are in writing from the
Village, may be considered as a duly authorized expression on behalf of the Village. In addition,
only communications from firms that are signed and in writing will be recognized by the Village as
duly authorized expressions on behalf of firms.
10. No Discrimination
There shall be no discrimination as to race, sex, color, age, religion, or national origin in the
operations conducted under any contract with the Village.
11. Independent Contractor
The selected firm will conduct business as an independent contractor under the terms of this
contract. Personnel services provided by the firm shall be by employees of the firm and subject to
supervision by the firm, and not as officers, employees, or agents of the Village. Personnel policies,
tax responsibilities, social security and health insurance, employee benefits, purchasing policies
and other similar administrative procedures applicable to services rendered under this agreement
shall be those of the firm.
12. Staff Assignment
The Miami Shores Village reserves the right to approve or reject, for any reasons, Proposer’s staff
assigned to this project at any time. Background checks may be required.
13. Contract Terms
The contract resulting from this RFP shall include, but not be limited to the following terms:
The contract shall include as a minimum, the entirety of this RFP document, together with the
successful Proposer’s proposal. Contract shall be reviewed by the Miami Shores Village Attorney.
If the Miami Shores Village defends any claim, demand, cause of action, or lawsuit arising out of
any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor, its
employees, agents or servants during the performance of the contract, whether directly or
indirectly, contractor agrees to reimburse Miami Shores Village for all expenses, attorney’s fees,
and court costs incurred in defending such claim, cause of action or lawsuit.
14. CFR 200 Compliance Language
Procurements: While assisting the Village with project procurements or in the event the vendor
must procure additional resources post-contract award, the awarded proposer will strictly
adhere to 2 CFR 200 procurement rules. This includes adhering to the strictest provisions of the
Federal, State, and Local procurement rules, regulations and/or ordinances, etc. The selected
contractor will adhere to the attached “FEMA required Contract Clauses” in Exhibits “A” and “B”.
15. Acceptance Period
Proposals submitted in response to this RFP must be valid for a period no less than ninety (90)
days from the closing date of this solicitation.
16. RFP Conditions and Provisions
The completed and signed proposal (together with all required attachments) must be returned to
the Village on or before the time and date stated herein. All Proposers, by submission of a
proposal, shall agree to comply with all of the conditions, requirements and instructions of this
RFP as stated or implied herein. All proposals and supporting materials submitted will become the
property of the Village.
Any alteration, erasure, or interlineations by the Proposer in this RFP shall constitute cause for
rejection. Exceptions or deviations to this proposal may not be added after the submittal date.
All Proposers are required to provide all information requested in this RFP. Failure to do so may
result in disqualification of the proposal.
The Village reserves the right to postpone or cancel this RFP or accept or reject any or all proposals
with or without cause if in its sole discretion it deems it to be in the best interest of the Village to
do so.
The Village reserves the right to waive any technical or formal errors or omissions and to reject all
proposals, or to award contract for the items herein, in part or whole, if it is determined to be in
the best interests of the Village to do so.
The Village reserves the right to request clarification of information submitted and to request
additional information of one or more applicants.
The Village shall not be liable for any costs incurred by the Proposer in the preparation of
proposals or for any work performed in connection therein.
17. Standard Provisions
a. Governing Law
Any agreement resulting from this RFP shall be governed by the laws of the State of
Florida, and the venue for any legal action relating to such agreement will be in Dade
County, Florida.
b. Conflict of Interest
For purposes of determining any possible conflict of interest, each Proposer must disclose
if any Village employee is also an owner, corporate officer, or an employee of the firm. If
any Village employee is an owner, corporate officer, or an employee, the Proposer must
file a statement with the Dade County Supervisor of Elections pursuant to § 112.313,
Florida Statutes.
c. Drug Free Workplace
The selected firm(s) will be required to verify they will operate a “Drug Free Workplace”
as set forth in Florida Statute, 287.087.
d. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
e. Patent Fees, Royalties, And Licenses
If the selected Proposer requires or desires to use any design, trademark, device, material
or process covered by letters of patent or copyright, the selected Proposer and his surety
shall indemnify and hold harmless the Village from any and all claims for infringement by
reason of the use of any such patented design, device, trademark, copyright, material or
process in connection with the work agreed to be performed and shall indemnify the
Village from any cost, expense, royalty or damage which the Village may be obligated to
pay by reason of any infringement at any time during or after completion of the work.
f. Permits
The selected Proposer shall be responsible for obtaining all permits, licenses,
certifications, etc., required by federal, state, county, and municipal laws, regulations,
codes, and ordinances for the performance of the work required in these specifications
and to conform to the requirements of said legislation.
g. Familiarity with Laws
It is assumed the selected firm(s) will be familiar with all federal, state and local laws,
ordinances, rules and regulations that may affect its services pursuant to this RFP.
Ignorance on the part of the firm will in no way relieve the firm from responsibility.
h. Withdrawal of Proposals
A firm may withdraw its proposal without prejudice no later than the advertised deadline
for submission of proposals by written communication to Village Hall, 10050 NE 2nd
Avenue, Miami Shores, Florida 33138.
i. Composition of Project Team
Firms are required to commit that the principals and personnel named in the proposal will
perform the services throughout the contractual term unless otherwise provided for by
way of a negotiated contract or written amendment to same executed by both parties.
No diversion or substitution of principals or personnel will be allowed unless a written
request that sets forth the qualifications and experience of the proposed replacement(s)
is submitted to and approved by the Village in writing.
j. Variances
While the Village allows Proposers to take variances to the RFP terms, conditions, and
specifications, the material nature, number, and extent of variances taken will be
considered in determining proposal responsiveness and in allocating proposal evaluation
points.
k. Public Records
1. Miami Shores Village is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
a) Keep and maintain public records that ordinarily and necessarily would be
required by the Village in order to perform the service;
b) Provide the public with access to such public records on the same terms and
conditions that the Village would provide the records and at a cost that does not
exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law;
c) Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by law;
and
d) Meet all requirements for retaining public records and transfer to the Village, at
no cost, all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt. All records stored electronically must be provided to the Village in a
format that is compatible with the information technology systems of the agency.
18. Questions and Communication
All questions regarding the RFP are to be submitted in writing to the Village Manager via email at
vmoffice@msvfl.gov. All questions must include the inquiring firm’s name, address, telephone
number and RFP name. Questions must be received at least five (5) calendar days before the
scheduled solicitation response is due. Oral and other interpretations or clarifications will be
without legal effect. Any addendum necessary to answer questions will be posted to the Village's
website, and it is the Proposer's responsibility to obtain all addenda before submitting a response
to the solicitation.
19. Addenda
The issuance of a written addendum is the only official method whereby interpretation,
clarification, or additional information can be given. If any addenda are issued to this solicitation
the Village will attempt to notify all known prospective Proposers. However, it shall be the
responsibility of each Proposer, prior to submitting their response, to contact the Village
Manager’s Office at (305) 762-4851 to determine if addenda were issued and to make such
addenda a part of their proposal.
PROPOSAL SIGNATURE PAGE
RFP Disaster Recovery Management, Disaster Debris Monitoring
and Disaster Recovery Services
To: The Miami Shores Village, Florida
The below signed hereby agrees to furnish the proposed services under the terms stated subject to all
instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in
the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what
is required. By submitting this signed proposal, I will accept a contract if approved by the Village and such
acceptance covers all terms, conditions, and specifications of this proposal.
Proposal submitted by:
Name (printed) Title
Company (Legal Registered)
Federal Tax Identification Number
Address
City/State/Zip
Telephone No. Fax No.
Signature Date
Addendum Acknowledgment - Proposer acknowledges that the following addenda have been received
and are included in his/her proposal:
Addendum No. Date Issued
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Respondent Vendor Name:
Vendor FEIN:
Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or
services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in
business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations
in Cuba or Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a
false certification may subject company to civil penalties, attorney’s fees, and/or costs.
Certified
by:
Authorized Signature Print Name and Title:
DISASTER RECOVERY MANAGEMENT CONSULTING SERVICES
RESPONDENT'S CERTIFICATION
I have carefully examined the Request for Proposal.
I hereby propose to furnish the services specified in the Request for Proposal. I agree that my submittal
will remain firm for a period of at least 365 days in order to allow the Village adequate time to evaluate
the submittals and determine a ranking of the most qualified Responders.
I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized
to provide this submittal on behalf of the Responder as its agent and that the Responder is ready, willing
and able to perform if an Agreement is executed.
I further certify, under oath, that this submittal is made without prior understanding, agreement,
connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for
the same service; that no officer, employee or agent of the Village or any other respondent has an interest
in said submittal; and that the undersigned executed this Respondent's Certification with full knowledge
and understanding of the matters therein contained and was duly authorized to do so.
__________________________________
Responder
BY:
_________________________________________
Signature
Sworn to and subscribed before me
this____ day of ______________, 20_____
__________________________________________
Name and Title, Typed or Printed
_________________________________________ ___________________________________
Mailing Address Notary Public Signature
_________________________________________ STATE OF __________________________
Village, State, Zip Code
(_______)_____________________ ___________________________________
Telephone Number Printed, typed or stamped name of notary public
My Commission Expires ____________
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to MIAMI SHORES VILLAGE, FLORIDA
by:_______________________________________________________________________________
(print individual’s name and title)
for: ______________________________________________________________________________
(print name of entity submitting sworn statement)
whose business address is:
____________________________________________________________
and (if applicable) its Federal Employer Identification Number (FEIN) is: ______________________.
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: _______-_________-_______.)
2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any Response or contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term “affiliate” includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fair market
value under an arm’s length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been convicted of
a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Agreement and which bids or applies to bid on Agreements for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term “person” includes those officers, directors, executives,
partners. shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement. (Indicate which statement applies).
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS
VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT
I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO AN AGREEMENT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
_________________________________________
Signature
Sworn to and subscribed before me this ________ day of ______________________________, 20_____.
Personally known __________________________ ___________________________________
OR
Produced identification ______________________ Notary Public – State of _______________
__________________________________________ My commission expires: _______________
Type of identification
___________________________________
Printed, typed or stamped name of notary public
AMERICANS WITH DISABILITIES ACT (ADA)
DISABILITY NONDISCRIMINATION STATEMENT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC.
This sworn statement is submitted to the Miami Shores Village, Florida.
by: _____________________________________________________________________________
(print individual’s name and title)
for: _____________________________________________________________________________
(print name of entity submitting sworn statement)
whose business address is: ___________________________________________________________
and (if applicable) its Federal Employer Identification Number (FEIN) is: _____________________.
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: _______-_________-_______.)
I, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agreed to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with
all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access
to facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and
47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public
Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513,
Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42 USC Section 3601-3631.
_________________________________________
Signature
Sworn to and subscribed before me this ________ day of ______________________________, 20_____.
Personally known __________________________ ___________________________________
OR
Produced identification ______________________ Notary Public – State of ________________
_________________________________________ My commission expires: _______________
Type of identification
___________________________________
Printed, typed or stamped name of notary public
CONFLICT OF INTEREST
DISCLOSURE FORM
Information and Instructions
Miami Shores Village, Florida, requires this disclosure statement to be completed and filed with all
proposals, bids responses, contracts, or grant or loan requests to the Village in excess of $10,000. The
disclosure statement is not required for contracts for gas, water, and electric services where no
competition exists, or where rates are fixed by law or ordinance. In circumstances where a contract is
awarded by competitive bid, the disclosure statement shall be required from persons submitting responses
to requests for proposals, requests for qualifications, invitation to bid, grant applications, or other
proposals.
A copy of the disclosure statement shall be maintained by the awarding Village Department.
Miami Shores Village shall not enter into any contract or appropriate any public funds with any person who
refuses to provide information required on the disclosure form.
Any person who provides misleading or incorrect information on the disclosure statement shall be
disqualified from participation. Also, the contract or grant shall be voidable by the Village if the
misleading or incorrect information on the disclosure statement is discovered by the Village subsequent
to execution of a contract.
Definitions
"Business Entity" means any corporation, partnership, limited partnership, proprietorship, firm,
enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not,
doing business in the state of Florida.
"Family, or Family Members, or Familial Relationship" means included but limited to individuals who are
related to a public official as father, mother, son, daughter, brother, sister, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, half-brother, half-sister, a
person who is engaged to be married to a public official or who otherwise holds himself or herself out as
or is generally known as the person whom a public official intends to marry or with whom a public official
intends to form or has formed a household.
“Person” means an individual, firm, partnership, association, joint venture, cooperative, or corporation, or
any other group or combination acting in concert.
“Public Official” means a person either elected to a governmental position, or appointed to a
governmental position who is authorized by statute, resolution or charter to exercise part of the
sovereign power of the governmental entity and whose duties of involve the exercise of
discretion on behalf of the governmental entity. This would include those who are considered
Department Heads by the Village.
Instructions
Complete all lines as indicated. If an item does not apply, denote N/A (not applicable). If you cannot include
required information in the space provided, attach additional sheets as necessary.
MIAMI SHORES VILLAGE
CONFLICT OF INTEREST DISCLOSURE FORM
ENTITY COMPLETING FORM
ADDRESS
CITY, STATE, ZIP TELEPHONE NUMBER
Miami Shores Village
VILLAGE DEPARTMENT THAT WILL RECEIVE GOODS, SERVICES, OR IS RESPONSIBLE FOR GRANT AWARD
ADDRESS
CITY, STATE, ZIP TELEPHONE NUMBER
This form is provided with the following document:
Invitation to Bid Request for Proposal / Qualifications Proposal G Grant or Loan Request Other
Has your business entity or any of your business entities’ partners, divisions, or any related business entity previously per formed work or provided
goods or services to any Village Department within the current or last two calendar years?
Yes No
If yes, identify below the Village Department that received the goods or services, the type(s) of goods or services previously provided, and the amount
received for the provision of such goods or services. (Use additional pages if necessary)
VILLAGE DEPARTMENT TYPE OF GOODS/SERVICES AMOUNT RECEIVED
Has your business entity or any of your business entities’ partners, divisions, or any related bus iness entity previously applied for and received any
grants or loans from any Village Department within the current or last two calendar years?
Yes No
If yes, identify the Village Department that awarded the grant or loan, the date such grant or loan was awarded, and the amount of the grant or
loan.
VILLAGE DEPARTMENT DATE GRANT AWARDED AMOUNT OF GRANT OR LOAN
1. List below the name(s) and address(es) of all public officials with whom your business entity, or members of your immediate family have a familial
relationship. Identify the office the public official holds or the Village Department for which the public official works. (Attach additional sheets if
necessary.)
NAME OF PUBLIC OFFICIAL/EMPLOYEE ADDRESS VILLAGE DEPARTMENT
2. List below the name(s) and address(es) of all family members of public officials with whom your business entity, or members of your
immediate family have a familial relationship. Identify the office the public official holds or the Village Department for which the public official
works. (Attach additional sheets if necessary.)
NAME OF NAME OF PUBLIC OFFICIAL/ VILLAGE DEPARTMENT
FAMILY MEMBER ADDRESS PUBLIC EMPLOYEE WHERE EMPLOYED
If you identified individuals in items one and / or two above, describe in detail below the direct benefit to be gained by the public officials, and/or their
family members as the result of the contract, proposal, request for proposals, invitation to bid, or grant proposal. (Attach additional sheets if necessary.)
List below the name(s) and address(es) of all paid consultants and/or lobbyists utilized in preparation of request for proposal or qualifications, invitation
to bid, or grant or loan proposal:
NAME OF PAID CONSULTANT/LOBBYIST ADDRESS
List below the names of any individuals, partners, or officers of the business entity who worked for the Miami Shores Village within the current or past
two calendar years.
NAME OF INDIVIDUAL ADDRESS
By signing below, I certify under oath and penalty of perjury that all statements on or attached to this form are true and correct to the best of my
knowledge. I further understand that omissions shall be cause for disqualification from participation in the proposed transaction.
Signature Date
Exhibit “A”
FEMA PUBLIC ASSITANCE PROGRAM REQUIRED CONTRACT CLAUSES
1. Equal Employment Opportunity
If this contract meets the definition of a “federally assisted construction contract” as provided in 41
C.F.R. §60-1.3, the following shall apply to the contractor’s performance under this contract:
a. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment of recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex or national origin.
c. The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement of other contract or understanding, a notice to be provided
advising the said labor union or workers’ representatives of the contractor’s commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
d. The contractor will comply with all provisions of the Executive Order 11246 of September 24, 1965,
and of the rules, regulations and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
f. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately preceding paragraph (a) and
the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
For the purpose of this section, “federally assisted construction contract” means any agreement or
modification thereof between any applicant and a person for construction work which is paid for in
whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contact, loan, insurance, or
guarantee, or any application or modification thereof approved by the Government for a grant,
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
For the purposes of this section, “construction work” means the construction, rehabilitation, alteration,
conversion, extension, demolition or repair of buildings, highways, or other changes or improvements
to real property, including facilities providing utility services. The term also includes the supervision,
inspection, and other onsite functions incidental to the actual construction.
1. Contract Work Hours and Safety Standards Act
a. This section applies to all contracts in excess of $100,000 that involve the employment of mechanics
or laborers as provided in 40 U.S.C. §3701.
b. As provided in 40 U.S.C. §3702, the contractor shall compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
c. The requirements of 40 U.S.C. §3704 shall apply to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contacts for transportation or
transmission of intelligence.
d. No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
e. In the event of any violation of the clause set forth in paragraph (d) of this section the contractor
and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (d) of this section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment
of overtime wages required by the clause set forth in paragraph (d) of this section.
f. The County shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (e) of this section.
g. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(c) through (f) of this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (c) through (f) of
this section.
2. Compliance with Clean Air Act
a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.
b. The contractor agrees to report each violation to the County and understands and agrees that the
County will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
c. The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
3. Compliance with Federal Water Pollution Control Act
a. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq.
b. (2) The contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification to the
state of Florida, Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
4. Debarment and Suspension
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. §180.9995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
b. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
c. This certification is a material representation of fact relied upon by the County. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the state of Florida and the County,
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
6. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the recipient.
APPENDIX A, 44 C.F.R. PART 18: CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, 01· modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995), Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that
the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official Name and
Title of Contractor's Authorized Official Date
7. Procurement of Recovered Materials
a. In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA- designated items unless the product cannot be acquired-
i. Competitively within a timeframe providing for compliance with the contract
performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
8. DBS Seal, Logo, and Flags
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA pre-approval.
9. Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the
contract.
11. Fraud and False or Fraudulent or Related Acts
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the contractor's actions pertaining to this contract.
Exhibit “B”
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
Requirements under the Uniform Rules. A non-Federal entity’s contracts must contain the applicable
contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal
Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. §
200.326. For some of the required clauses we have included sample language or a reference a non-
Federal entity can go to in order to find sample language. Please be aware that this is sample language
only and that the non-Federal entity alone is responsible ensuring that all language included in their
contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. We do not
include sample language for certain required clauses (remedies, termination for cause and
convenience, changes) as these must necessarily be written based on the non-Federal entity’s own
procedures in that area.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must
address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as
appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A.
b. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
2. Termination for Cause and Convenience.
a. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, ¶ B.
b. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
3. Equal Employment Opportunity.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.
b. Key Definitions.
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R.
§ 60-1.3 defines a “federally assisted construction contract” as any agreement
or modification thereof between any applicant and a person for construction
work which is paid for in whole or in part with funds obtained from the
Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or
undertaken pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, or any application or modification thereof
approved by the Government for a grant, contract, loan, insurance, or
guarantee under which the applicant itself participates in the construction
work.
(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
“construction work” as the construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or
improvements to real property, including facilities providing utility services.
The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.
c. Applicability. This requirement applies to all FEMA grant and cooperative
agreement programs.
d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following
contract clause:
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion,
sex, or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interests of
the United States.”
4. Davis Bacon Act and Copeland Anti-Kickback Act.
a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency
Management Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program, and Transit Security Grant Program. It does not apply to
other FEMA grant and cooperative agreement programs, including the Public
Assistance Program.
b. All prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40
U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor
regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix
II, ¶ D.
c. In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week.
d. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as
supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States). The Copeland Anti- Kickback Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that
applies to compliance with both the Davis-Bacon and Copeland Acts. However, as
discussed in the previous subsection, the Davis-Bacon Act does not apply to Public
Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does
not apply, neither does the Copeland “Anti-Kickback Act.” However, for purposes of
grant programs where both clauses do apply, FEMA requires the following contract
clause:
“Compliance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.”
5. Contract Work Hours and Safety Standards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in
excess of $100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning
compliance with the Contract Work Hours and Safety Standards Act:
“Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (1) of this section the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the
name of the Federal agency or the loan or grant recipient) shall upon its own
action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this section
and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance,
Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis
Counseling Assistance and Training Grant Program, Disaster Case Management Grant
Program, and Federal Assistance to Individuals and Households – Other Needs
Assistance Grant Program, as FEMA awards under these programs do not meet the
definition of “funding agreement.”
b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under
that “funding agreement,” the non-Federal entity must comply with the requirements
of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements),
and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II,
¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any
contract, grant, or cooperative agreement entered into between any Federal agency,
other than the Tennessee Valley Authority, and any contractor for the performance of
experimental, developmental, or research work funded in whole or in part by the
Federal government. This term also includes any assignment, substitution of parties, or
subcontract of any type entered into for the performance of experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of
$150,000 must contain a provision that requires the contractor to agree to comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.
§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-
1387). Violations must be reported to FEMA and the Regional Office of the Environmental
Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for
contracts of amounts in excess of $150,000:
“Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
(2) The contractor agrees to report each violation to the (name of the
state agency or local or Indian tribal government) and understands and
agrees that the (name of the state agency or local or Indian tribal
government) will, in turn, report each violation as required to assure
notification to the (name of recipient), Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional
Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (name of the state
agency or local or Indian tribal government) and understands and agrees that
the (name of the state agency or local or Indian tribal government) will, in turn,
report each violation as required to assure notification to the (name of
recipient), Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with
Federal assistance provided by FEMA.”
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension (1986) and
Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the
Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement
Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and
Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform
Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team
(PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT
Supplement]. A contract award must not be made to parties listed in the SAM
Exclusions. SAM Exclusions is the list maintained by the General Services Administration
that contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov.
See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within
the meaning of a “covered transaction,” to include subawards and subcontracts. This
includes parties that receive Federal funding indirectly, such as contractors to recipients
and subrecipients. The key to the exclusion is whether there is a “covered transaction,”
which is any nonprocurement transaction (unless excepted) at either a “primary” or
“secondary” tier. Although “covered
transactions” do not include contracts awarded by the Federal Government for
purposes of the nonprocurement common rule and DHS’s implementing regulations,
it does include some contracts awarded by recipients and subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or
services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at
least $25,000.
(2) The contract requires the approval of FEMA, regardless of amount.
(3) The contract is for federally-required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the contractor
of a recipient or subrecipient and requires either the approval of FEMA or is in
excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an
optional method of verifying that contractors are not excluded or disqualified:
“Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and
2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the
contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by
(insert name of subrecipient). If it is later determined that the contractor did
not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to (name of state agency serving as recipient
and name of subrecipient), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid
and throughout the period of any contract that may arise from this offer. The
bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.”
9. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the required
certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement,
Chapter IV, 6.c; Appendix C, ¶ 4.
c. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
d. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be
submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply
to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. A non-Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub.
L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery
Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2 C.F.R. § 200.322; PDAT
Supplement, Chapter V, ¶ 7.
c. The requirements of Section 6002 include procuring only items designated in guidelines
of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired by the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
d. The following provides the clause that a state agency or agency of a political
subdivision of a state and its contractors can include in contracts meeting the above
contract thresholds:
“(1) In the performance of this contract, the Contractor shall make maximum
use of products containing recovered materials that are EPA- designated items
unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with
the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-
designate items, is available at EPA’s Comprehensive Procurement
Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.”
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal
entity contracts. FEMA, pursuant to this authority, requires or recommends the
following:
b. Changes.
To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or constructive
change must be allowable, allocable, within the scope of its grant or cooperative
agreement, and reasonable for the completion of project scope. FEMA recommends,
therefore, that a non-Federal entity include a changes clause in its contract that describes
how, if at all, changes can be made by either party to alter the method, price, or schedule
of the work without breaching the contract. The language of the clause may differ
depending on the nature of the contract and the end-item procured.
c. Access to Records.
All non-Federal entities must place into their contracts a provision that all contractors and
their successors, transferees, assignees, and subcontractors acknowledge and agree to
comply with applicable provisions governing Department and FEMA access to records,
accounts, documents, information, facilities, and staff. See DHS Standard Terms and
Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Access to Records. The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or
Indian tribal government), (insert name of recipient), the FEMA
Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and
records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
(3) The contractor agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites
pertaining to the work being completed under the contract.”
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor shall
not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v
3.0, ¶ XXV (2013).
b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The
contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre- approval.”
13. Compliance with Federal Law, Regulations, and Executive Orders.
a. All non-Federal entities must place into their contracts an acknowledgement that
FEMA financial assistance will be used to fund the contract along with the
requirement that the contractor will comply with all applicable federal law,
regulations, executive orders, and FEMA policies, procedures, and directives.
b. The following provides a contract clause regarding Compliance with Federal Law,
Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial
assistance will be used to fund the contract only. The contractor will comply will all
applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.”
14. No Obligation by Federal Government.
a. The non-Federal entity must include a provision in its contract that states that the
Federal Government is not a party to the contract and is not subject to any obligations
or liabilities to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal
Government: “The Federal Government is not a party to this contract and is not subject
to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts.
a. The non-Federal entity must include a provision in its contract that the contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to its actions pertaining to the contract.
b. The following provides a contract clause regarding Fraud and False or Fraudulent or
Related Acts: “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor’s actions
pertaining to this contract.”