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2022_Key Biscayne FL Village of_WOB_Disaster Debris PSA_FS
Contract No. 20220412 Page 1 of 21 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND WITT O’BRIEN’S LLC THIS AGREEMENT (this “Agreement”) is made effective as of the day of , 2022 (the “Effective Date”), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the “Village”), and WITT O’BRIEN’S LLC, a Delaware limited liability company authorized to do business in Florida (hereinafter, the “Consultant”). WHEREAS, on April 22, 2020, the Village issued Request for Proposal No. 2020-50 , which is incorporated herein by this reference, seeking proposals from qualified firms to provide Disaster Debris Monitoring Services, as set forth in greater detail in the Scope of Services attached hereto as Exhibit “A” (the “Services,” as further defined below); and WHEREAS, the Consultant submitted a proposal to the Village to perform the Services on behalf of the Village, all as further set forth in the Proposal dated May 18, 2020, attached hereto as Exhibit “B”; and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services, as set forth in the Rate Schedule attached hereto as Exhibit “C”; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1.Scope of Services. 1.1. The Consultant shall provide the Services as set forth in the Scope of Services and the Consultant’s Proposal, which are attached hereto as Exhibits “A” and “B”, respectively, and incorporated herein by reference (collectively, the “Services”). The Consultant shall perform the Services in compliance and in accordance with FEMA guidelines, including the FEMA Public Assistance Program and Policy Guide (PAPPG), as may be amended or superseded, and the FEMA Public Assistance Debris Monitoring Guide, as may be amended or superseded (collectively, the “FEMA Guidelines”). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter “Deliverables”) to the Village. 2.Term/Commencement Date. 12th April Contract No. 20220412 Page 2 of 21 2.1. The term of this Agreement shall be from the Effective Date through three years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for two additional one year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1. Compensation for Services provided by Consultant shall be in accordance with the Rate Schedule attached hereto as Exhibit “C” (the “Rates”). 3.2. In the event that the FEMA Guidelines are amended or superseded, the Consultant may request reasonable and necessary adjustments to the Rates to the extent the revised FEMA Guidelines require modifications or additions to the scope of Services in order to remain eligible for reimbursement by FEMA. Any adjustment to the Rates may be negotiated by the Village Manager and must be approved by the Village Manager in writing. The Rates for portions of the Services that are not modified or expanded by such changes to the FEMA Guidelines shall remain firm and fixed. The Consultant must make any request for adjustment at least 60 days before June 1 or after November 30 of each year. 3.3. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.4. Consultant’s invoices must contain the following information for prompt payment: 3.4.1. Name and address of the Consultant; 3.4.2. Purchase Order number; 3.4.3. Contract number; 3.4.4. Date of invoice; 3.4.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.4.6. Name and type of Services; 3.4.7. Timeframe covered by the invoice; and 3.4.8. Total value of invoice. Contract No. 20220412 Page 3 of 21 Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subconsultants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager’s sole and absolute discretion. 5. Village’s Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant’s request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant’s Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant’s Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant’s sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. Contract No. 20220412 Page 4 of 21 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village related to this Agreement and the performance of the Services. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days’ written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 8.5. In the event the Village is in default with the terms of this Agreement, the Consultant shall provide written notice to the Village Manager of such default and provide the Village seven (7) calendar days to cure such default. If the Village remains in default seven (7) calendar days after providing the Village Manager written notice of such default, the Consultant may terminate this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit Contract No. 20220412 Page 5 of 21 and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award of this Agreement and the final execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant’s insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of Contract No. 20220412 Page 6 of 21 liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, to the extent arising from Consultant’s negligent performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys’ fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages to the extent arising from Consultant’s performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal Contract No. 20220412 Page 7 of 21 service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement (“Work Product”) belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant’s possession or control in connection with Consultant’s performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. Upon request from the Village’s custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Contract No. 20220412 Page 8 of 21 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. Consultant’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Jocelyn B. Koch Mailing address: 88 West McIntyre Street Key Biscayne, FL 33149 Telephone number: 305-365-5506 Email: jkoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm’s familiarity with the Village’s area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Contract No. 20220412 Page 9 of 21 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base Agreement.” In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Services shall apply: 26.1. First Priority: Exhibit D – FEMA Contract Provisions Guide; 26.2. Second Priority: this Base Agreement; 26.3. Third Priority: Exhibit C – Rate Schedule; 26.4. Fourth Priority: Exhibit A – Scope of Services; 26.5. Fifth Priority: the RFP; 26.6. Sixth Priority: Exhibit B – Consultant’s Proposal; and 26.7. Seventh Priority: Work Orders, with later date taking precedence. Contract No. 20220412 Page 10 of 21 27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment- in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 28. Federally Required Clauses. In the performance of all Services under this Agreement, the Consultant shall adhere to (1) the FEMA Guidelines (as may be amended or superseded), (2) the contract provisions listed under 2 CFR Part 200, Appendix II, and (3) all applicable contract provisions and guidance in the FEMA Contract Provisions Guide, as may be amended from time to time and which is attached hereto as Exhibit “D.” The Consultant shall comply with the following terms and provisions for all Disaster Debris Monitoring Services: 28.1. Equal Employment Opportunity. During the performance of this Agreement, the Consultant agrees as follows: 28.1.1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant 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. 28.1.2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 28.1.3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, Contract No. 20220412 Page 11 of 21 or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. 28.1.4. The Consultant 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 28.1.5. The Consultant 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. 28.1.6. The Consultant 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. 28.1.7. In the event of the Consultant'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 Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 28.1.8. The Consultant will include the portion of the sentence immediately preceding subsection 28.1 and the provisions of subsections 28.1.1 through 28.1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant 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 Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and Contract No. 20220412 Page 12 of 21 subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Consultant debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 28.2. Compliance with the Davis-Bacon Act. As applicable, during the performance of this Agreement, the Consultant agrees as follows: a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Consultant shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Consultants are 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. c. Additionally, Consultants are required to pay wages not less than once a week. 28.3. Compliance with the Copeland “Anti-Kickback” Act. As applicable, during the performance of this Agreement, the Consultant agrees as follows: a. Consultant. The Consultant 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. b. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Contract No. 20220412 Page 13 of 21 c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12. 28.4. Compliance with the Contract Work Hours and Safety Standards Act. As applicable, during the performance of this Agreement, the Consultant agrees as follows: 28.4.1. Overtime requirements. The Consultant or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require nor 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. 28.4.2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subsection 28.2.1. of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Consultant 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 subsection 28.2.1. 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 28.2.1. of this section. 28.4.3. Withholding for unpaid wages and liquidated damages. The Village 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 Consultant or subcontractor under any such contract or any other Federal contract with the same prime Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subsection 28.2.2. of this section. 28.4.4. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in subsections 28.2.1 through 28.2.4. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subsections 28.2.1. through 28.2.4. of this section. 28.5. Rights to Inventions Made under this Agreement. Contract No. 20220412 Page 14 of 21 28.5.1. As applicable, if the Consultant is engaged for the performance of experimental, developmental, or research, the Consultant’s work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the Federal Government. 28.6. Clean Air Act and Federal Water Pollution Control Act. As required by Federal program legislation, the Consultant agrees to comply with the following federal requirements: 28.6.1. Clean Air Act. 28.6.1.1. The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. (2) 28.6.1.2. The Consultant agrees to report each violation to the Village and understands and agrees that the Village 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. 28.6.1.3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 28.6.2. Federal Water Pollution Control Act. 28.6.2.1. The Consultant 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. 28.6.2.2. The Consultant agrees to report each violation to the Village and understands and agrees that the Village 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. 28.6.2.3. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 28.7. Suspension and Debarment. During the performance of this Agreement, the Consultant agrees as follows: 28.7.1. 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 Consultant is required, and will, verify that neither Consultant, its principals (defined at 2 C.F.R. § 180.995), nor 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). Contract No. 20220412 Page 15 of 21 28.7.2. The Consultant will 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. 28.7.3. Consultant’s certification is a material representation of fact relied upon by the Village. If it is later determined that the Consultant 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, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 28.7.4. The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period this Agreement. The Consultant further agrees to include a provision requiring such compliance in its lower-tier covered transactions. 28.8. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). During the performance of this Agreement, the Consultant agrees as follows: 28.8.1. The Consultant certifies to the Village that it has not and will not use 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. The required Certification is attached to this Agreement. 28.8.2. Consultant will also ensure that each tier of subcontractor(s) shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures will be forwarded from tier-to-tier up to the Village. 28.9. Procurement of Recovered Materials. As required by federal program legislation, Consultant agrees to the following: 28.9.1. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: 28.9.1.1. competitively within a timeframe providing for compliance with the contract performance schedule; 28.9.1.2. meeting contract performance requirements; or 28.9.1.3. at a reasonable price. 28.9.2. 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. 28.9.3. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 28.10. DHS Seals, Logos, and Flags. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Contract No. 20220412 Page 16 of 21 28.11. Compliance with Federal Law, Regulations, and Executive Orders. The Consultant acknowledges that FEMA financial assistance will be used to fund the contract only. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 28.12. No Obligation by Federal Government. Consultant acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract. 28.13. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant actions pertaining to this Agreement. 28.14. Access to Records. 28.14.1. The Consultant agrees to provide the State of Florida, the Village , 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 Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 28.14.2. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 28.14.3. The Consultant 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. 28.14.4. In compliance with the Disaster Recovery Act of 2018, the Village and the Consultant acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 28.15. Affirmative Socioeconomic Steps/Small and Minority Businesses, Women’s Business Enterprises. 28.15.1. Consultant shall comply with 2 C.F.R. § 200.321, “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.” 28.15.2. If subcontracts are to be let, the Consultant is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. 28.16. Change or Modification. To be eligible for FEMA assistance under a FEMA grant or cooperative agreement, the cost of a change, modification, change order, or constructive change must be allowable, allocable, within the scope of the grant or cooperative agreement, and reasonable for the completion of the project scope. Accordingly, the Consultant shall comply with the following: Contract No. 20220412 Page 17 of 21 28.16.1. Without invalidating the Agreement, Village reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the work as may be considered necessary or desirable to fully and properly complete the project in a satisfactory manner in accordance with the scope of the FEMA grant or cooperative agreement. Any extra or additional work within the scope of this Agreement must be accomplished by means of appropriate Field Orders or Change Orders. 28.16.2. The Village shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the project documents and ordering minor changes in work execution, providing the Field Order involves no change in the Agreement Price or the Agreement Time. 28.16.3. Changes in the quantity or character of the Work or Services within the scope of the Project which are not properly the subject of Field Orders, including all changes resulting in changes in the Agreement Price, or the Agreement Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of Village’s Procurement Code, as amended from time to time. 28.17. Remedies. Village confirms that it is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Consultant’s compliance with the terms of this Agreement, except to the extent expressly provided otherwise by this Agreement. 28.18. Prohibition on Contracting for Covered Telecommunications Equipment or Services. If applicable, the Consultant shall agree as follows: 28.18.1. The Village and the Consultant must comply with the Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA) and 2 C.F.R. 200.216, which prohibits the obligation or expending of federal award funds on certain telecommunication products or from certain entities for national security reasons. Towards that end, the Consultant shall ensure that the Consultant and its subcontractors do not: 28.18.2. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment of services as a substantial or essential component of any system, or as critical technology of any system; 28.18.3. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as substantial or essential component of any system or as critical technology of any system; or 28.18.4. Enter into, extend or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contract No. 20220412 Page 18 of 21 Additional information, including definitions for this requirement can be found in FEMA Policy 405-143-1. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim). 28.19. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the Consultant should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: 28.19.1. Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 28.19.2. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 28.20. License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the Consultant shall agree as follows: 28.20.1. The Consultant grants to the Village, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Consultant will identify such data and grant to the Village or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant will deliver to the Village data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Village. 28.21. Safeguarding of Sensitive Information and Information Technology Security and Privacy Training. 28.21.1. Applicability. This clause is applicable when the Consultant has access to sensitive information or the Consultant’s IT system as defined in the agreement that are used to input, store, process, output and/or transmit sensitive data. If applicable, this clause shall apply to the Consultant, its subcontractors, and Consultant employees (hereafter referred to collectively as “Consultant”). The Consultant shall insert the substance of this clause in all subcontracts. Contract No. 20220412 Page 19 of 21 28.21.2. Definitions. As used in this clause— “Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source— that, combined with other available information, could be used to identify an individual. PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. (a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or Contract No. 20220412 Page 20 of 21 other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. (c) Consultant employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Consultant's employees shall be fingerprinted, or subject to other investigations as required. All Consultant’s employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the Consultant to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Consultant shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Consultant employees authorized access to sensitive information, the Consultant shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Consultant shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. [Remainder of page intentionally left blank. Signature pages follow.] VUI.UOIJ.11 C IIvCu.pe 1u, UUJ /OY-.7JOY- 1 DUOU 1 UGUOO/1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE by: 11-DocuSigned ft,A.t,ln, C Wll,UatwtS01A, By: €FECS76p76hh12o... Steven C. Williamson Village Manager Attest: By: Jocelyn ► . Koch Village lerk Approved as to form and legal sufficiency: DocuSianeit bin rekA4 By: FB4FI5EOCEI$4CF Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) WITT O'BRIEN'S LLC Bv: Name: Title: Director Contracts & Compliance LDocuSigned by: u (Joan. x 1178Co341A2541SF_., Cheryl Joiner Witt O'Brien's, LLC ity: Addresses for Notice: Witt O'Brien's LLC Attn: Director of Contracts & Compliance 818 Town & Country Blvd, Suite 200 Houston, TX 77024 281-320-9796 (telephone) (facsimile) contractrequest_s( :wittobriens.com with a copy to Cjoiner@wittobricns.com (email) With a copy to: Witt O'Brien's LLC Attn: Legal Counsel 2200 Eller Drive Fort Lauderdale, FL 33316 hlong@ckor.com with cjoiner@wittobriens.com (email) (telephone) (facsimile) a copy Contract No. 20220412 Page 21 of 21 DocuSign Envelope ID: OABA6D58-4FB3-4B82-AC26-3DB13E56707D E -VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E -Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E -Verify system. The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E -Verify, please visit: https: //www.e-verify.gov/ fagihow-do-i-provide-proof-of-my-participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E -Verify requirements imposed by it, including but not limited to obtaining E -Verify affidavits from subcontractors. ❑ Check here to confirm proof of enrollment in E -Verify has been attached to this Affidavit. In the presence of: Signed sealed and delivered by: APIt' Ount JOitx.t,r Witness #1 Print Name: Kelly Stouffer Print Name: Cheryl Joiner Title: Director of Contracts & Compliance Witness #2 Pri�tNy iie: Alia Qaissy Entity Name: Witt O'Brien's LLC ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ❑p hysical presence or L1( online notarization, this 1st day of June , 202' , by Alia Qaissy (name of person) as f.4rr+rz,1,i P:,i\ ( t'C', (type of authority) for Wilt ' R r c_n ' (name of party on behalf ofrwhom instrument is executed). .�`T:',Vo, i,LIA AL QAISSY i� 0 i L ° r.1an- P, hlic, State of Texa �� �w,:v�= Comm, expires 10 02.2024 U oF `° (Votary ID 13272440-8 -Notary Public (Print, Stamp, or Type as CommissioneJ) X Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath Contract No. 20220412 Byrd Anti-Lobbying Amendment Certification 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING The undersigned, Witt O’Brien’s, LLC, 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 Offeror, Witt O’Brien’s, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Authorized Officer: Name: Title: Date: Cheryl Joiner Director of Contracts & Compliance June 1, 2022 DocuSign Envelope ID: 0ABA6D58-4FB3-4B82-AC26-3DB13E56707D Contract No. 20220412 Exhibit A: Scope of Services EXHIBIT A SCOPE OF SERVICES RFP No. 2020-50 Page 10 of 20 Disaster Debris Monitoring SECTION 2. SERVICES NEEDED BY THE VILLAGE 2.1 PROJECT SCOPE The Village is seeking a Contractor to perform emergency debris removal monitoring to include Collection Monitoring, Temporary Debris Staging and Reduction (“TDSR”) site monitoring, Residential Debris Drop- off Site (“RDDS”) monitoring, data reporting, and other related services. 2.2 PROJECT MANAGEMENT/PROCESS OVERSIGHT The Contractor shall be responsible for the overall monitoring of debris contractors. This will include monitoring the Debris Removal Contractor’s (“DRC”) progress and suggesting/implementing recommendations to improve efficiency and to speed up recovery work. The Contractor shall coordinate with the DRC to ensure a well-managed, organized approach to debris collection and shall recommend the routing collection plan for approval by the Village. The Contractor shall appoint a Project Manager for the overall coordination and communication with the Village. This Project Manager will serve as the Village’s primary point of contact and shall remain on the job at all times it is operational. Contractor must use all reasonable efforts to ensure the individual serving as the Program Manager remains consistent throughout the life of the contract. The Program Manager must be familiar with Village’s Comprehensive Emergency Management Plan (“CEMP”). The Contractor shall provide a temporary field office for the monitoring staff if directed by the Village. The office shall include telephone, computer, copier and fax. Examples of project management/process oversight tasks include but are not limited to: 1. Coordinating daily briefings, work progress, staff and other key items with the Village and DRC. 2. Provide assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of storm debris clean up. 3. Establishing a schedule for the inspectors each day. 4. Monitoring and recording the weight (in tons) of each vehicle in service. 5. Tracking and coordinating with Village personnel to respond to problems in the field, citizens’ complaints, to include commercial or residential property damage claims as a result of debris removal. 6. Conducting end of day duties, verifying all vehicles have left the TDSR & RDDS sites at Village’s specified time, and sites are secured [gate locked] to prevent illegal dumping. 7. Record the streets and locations where debris was collected. Maps are to be posted daily in a central location at the Village and updated by 10:00 AM of each business day of the progress from previous the previous day(s) work. 8. Scheduling and managing field staff. 9. Scheduling and conducting periodic meetings with field staff and Contractors. 10. Ensuring all applicable FEMA policies and regulations are followed. 2.3 STARTUP OPERATIONS The Program Manager, key personnel, and at least 10 fully trained field monitors will report to the Village’s Emergency Operations Center (“EOC”) within twelve (12) hours after the disaster event has passed and the EOC has initiated its response efforts. The Village may issue a Notice to Proceed (“NTP”) in anticipation of a disaster event with the expectation that Contractor commence the work as soon as possible after the disaster event has passed. Contractor must commence work no later than after completion of the first push (24 hours after the disaster has passed). The Contractor must deliver to the Village an Eve nt RFP No. 2020-50 Page 11 of 20 Disaster Debris Monitoring Performance Bond for the full amount of the Task Work Order within seven (7) days of issuance of the NTP. The Contractor must be operational at the completion of the first push (24 hours). The DRC and Village employees (if applicable) will report to the Field Operations Center to obtain work orders and field monitors from the Contractor before work is commenced. Contractor must prepare all project worksheets, right-of-way entry forms and any other required forms for the work group. The Program Manager will assist the Village in developing a Debris Management Action Plan for the specific occurrence. Contractor may also be requested to assist in other debris recovery planning efforts such as identifying adequate TDSR, estimating debris quantities, and developing disaster plans for debris clearance for emergency and essential vehicles following a disaster event. 2.4 FIELD COLLECTION MONITORING In order to obtain FEMA reimbursement all loads must be monitored in the field by collection monitors. The Contractor shall verify that the Village’s DRC has established an accurate and complete load ticket process and provide collection monitors-staff to record required FEMA data. The Contractor shall train collection monitors to assure that proper County and FEMA documentation protocol requirements are instituted and followed. Contractor shall provide a field quality control team consisting of one (1) monitor per recovery crew and at least one (1) field supervisor for every seven (7) monitors unless otherwise ap proved by the Village. Should the Contractor wish to adjust the specified field staffing, a detailed plan should be submitted to the Village for review and approval prior to adjustment. The Contractor shall provide daily feedback to the Village through the management team. All field team members shall be equipped with state-of-the-art technology, which shall include cameras, computers, communication devices, and other equipment as deemed necessary and/or appropriate. The Contactor must certify every debris-hauling vehicle prior to performing debris collection hauling. The field monitors shall verify that each collection vehicle has been weighed and placarded by the Village’s DRC. Contractor must monitor and document all debris removal vehicles specifications, volume, load, and any other information or activity deemed necessary and/or appropriate. Examples of field collection monitoring tasks include, but are not limited to: 1. Verification that all debris picked up is a direct result of the disaster. 2. Verification that the DRC is working in their assigned contract areas. 3. Stopping work in progress that is not being performed or documented in the appropriate manner. Such work should be noted for nonpayment. 4. Inspecting work in progress to ensure that removal efforts include debris of the proper type in the proper areas. 5. Maintain all photo documentation of recovery work on a daily basis. All photos presented shall show the description in detail of hanger, stumps and leaner removal. The team shall photograph every stump and leaner removed as well as a random sample of hanger removal activities, and GPS coordinates. 6. Report to the Village any work performed by the DRC that is not in compliance with all federal, state, local safety regulations appropriate for the task being performed. 2.5 LOAD TICKETS PROCESS The Contractor shall ensure that the DRC has established a load ticket process complete with forms to be provided to collection monitor staff for recording of FEMA data. Load tickets should consist of multiple RFP No. 2020-50 Page 12 of 20 Disaster Debris Monitoring copied pages, (original and four (4) copies). The Contractor shall retain original completed tickets on behalf of the County. Additionally, the DRC, vehicle driver, the subcontractor, and the Contractor shall also receive copies of completed load tickets. Tickets retained/collected by the Contractor on behalf of the County shall be turned over to the County daily. Load tickets shall include the following minimum information: 1. Date 2. Time 3. Map page 4. Section number 5. Complete street address of closest property 6. Nearest cross streets 7. Tag number 8. Type of debris 9. Vehicle number 10. Percent of volume full 11. Driver name (printed) and signature 12. Field monitor's name (printed) and signature 13. Name of sub-contractor 14. Tower monitor's name (printed) and signature 2.6 TEMPORARY DEBRIS STAGING AND REDUCTION (TDSR) SITE AND RESIDENTIAL DEBRIS DROP-OFF SITE (RDDS) MONITORS The Contractor shall provide a minimum of two (2) site monitors for each TDSR & RDDS site. These staff members in conjunction with the project management team shall coordinate the logistics of the site to ensure efficient traffic flow and proper handling of load tickets that record FEMA data (such as, but not limited to, vehicle fullness and type of waste). The Contractor shall observe all vehicles entering and exiting the TDSR & RDDS sites ensuring all vehicles are in good repair and safe with secure side boards. No vehicles will be allowed to enter a TDSR site without a tailgate. The Contractor shall provide verification that all sites have access control and security. When a TDSR site monitor signs a vehicle certification or load ticket, he or she is certifying that ALL information on the document is completed and the weight(s) in tons are correct. The site monitor should not sign or accept any partially completed information. The Contractor shall provide RDDS Site Monitoring for all incoming debris to the Village’s designated residential debris drop off sites, ensure only the Village residents are using the facility, that all deliveries are documented, communicate to residents on proper handling and disposal practices, distribute informational flyers, report and document suspected commercial activity for investigation, notify residents that unsecured loads, protruding debris or other un- safe transport practices will prohibit use of facility, and report safety or other hazard situations to the Village. 2.7 EMERGENCY MANAGEMENT PLANNING AND TRAINING The Contractor shall participate in all Village emergency management training exercises as directed by the Village. The Contractor shall provide the following: 1. Comprehensive emergency management plans (e.g. COOP, EOP) to include plan development; review, and revisions. 2. Comprehensive mitigation programs to include development of mitigation plan(s), staff training, cost benefit analysis, project management, environmental review and staff augmentation. RFP No. 2020-50 Page 13 of 20 Disaster Debris Monitoring 3. Development of a debris management plan – including identification of an adequate number of TDSR locations. Staff training as necessary. 4. Procurement assistance for DRCs and other services as requested. 5. Project management to include the formulation and management of permanent work projects, task force management, and Village Commissions, Boards and Panels 6. Technical support and assistance in developing public information. 7. Other training and assistance as requested by the Village. 8. Other reports and data as required by the Village. 2.8 PUBLIC ASSISTANCE CONSULTING SERVICES As directed by the Village, the Contractor shall provide the following services: 1. Identification of eligible emergency and permanent work (Category A-G); 2. Damage Assessment; 3. Assistance in attaining Immediate Needs Funding; 4. Prioritization of recovery workload; 5. Loss measurement and categorization; 6. Insurance evaluation, documentation adjusting and settlement services; 7. Project Worksheet generation and review; 8. FEMA, FHWA and NRCS reimbursement support; 9. Staff augmentation with experienced Public Assurance Coordinators and Project Officers, response support personnel experienced in Incident Command System (ICS) (example, PIO, Planning, Operations, Logistics, Finance personnel) 10. Interim inspections, final inspections, supplemental Project Worksheet generation and final review; 11. Appeal services and negotiations; 12. Provide disaster response training to Village staff members; 13. Reconstruction and long-term infrastructure planning; and 14. Final review of all emergency and permanent work performed. 2.9 CERTIFICATION OF PERSONNEL Senior management personnel of the Contractor will participate, upon request, in training and briefing sessions held by representatives of the Village. Senior personnel of the Contractor and all Subcontractors thereto will have received training in debris management, and the implementation of the National Incident Management System (“NIMS”). Personnel assigned by the Contractor as responsible for data management, invoicing and other documentation duties will be trained in the data management concepts and approaches to be used. Vehicle and equipment operators will be fully licensed and certified, as required by applicable local, State and Federal statutes and regulations. Upon their deployment for field operations, all Contractor and Sub-Contractor personnel will be briefed and trained appropriately in their duties, responsibilities, and the procedures to be utilized throughout the debris management process, including safety procedures, load ticket management procedures, and accident reporting procedures. 2.10 ADDITIONAL SUPPORTING DOCUMENTATION Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements, and any other services provided by Contractor as may be required by the RFP No. 2020-50 Page 14 of 20 Disaster Debris Monitoring Village and/or other governmental entity to support requests for debris project reimbursement from external funding sources. 2.11 REPORT MAINTENANCE Contractor will be subject to audit by federal, state and local agencies pursuant to the agreement. Contractor will maintain all reports, records, debris reporting tickets and agreement correspondence for a period of not less than three (3) years from project closeout. 2.12 ADDITIONAL SERVICES 2.12.1 Manpower Contractor shall provide necessary manpower to assist Village with logistics, operations and community relations in an emergency activation. Personnel shall be experienced in Incident Command System (“ICS”). END OF SECTION Contract No. 20220412 Exhibit B: Consultant’s Proposal EXHIBIT B CONSULTANT’S PROPOSAL RFP Name / Number wittobriens.com 1 Submitted To: Village of Key Biscayne Date: May 18, 2020 RFP # 2020-50 wittobriens.com DISASTER DEBRIS MONITORING RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com ii TABLE OF CONTENTS A: LETTER OF INTENT .................................................................................................................................................... 1 B: PROPOSER QUALIFICATIONS .................................................................................................................................. 1 a. List of Public/Private Clients. .................................................................................................................................... 1 b. Business License and Florida Registration. ............................................................................................................. 4 c. Available Facilities, Capabilities, and Resources. .................................................................................................... 5 d. Witt O’Brien’s Equipment. ......................................................................................................................................... 6 C: PROPOSER’S EXPERIENCE ...................................................................................................................................... 7 a. Past Experience with Disaster Debris Services. ...................................................................................................... 7 b. Knowledge and Experience of Federal, State, and Local Emergency Agencies & Programs. .............................. 10 D: PROPOSER’S CURRENT CAPACITY ...................................................................................................................... 12 a. Current Workload and Contract Obligations. .......................................................................................................... 12 E: PERSONNEL QUALIFICATIONS .............................................................................................................................. 14 a. Key Staff Questionnaire. ......................................................................................................................................... 14 b. Subcontractors Questionnaire. ............................................................................................................................... 14 c. Organizational Chart. .............................................................................................................................................. 14 d. Resumes for Key Staff ............................................................................................................................................ 15 e. Resume for Program Manager ............................................................................................................................... 27 F: TECHNICAL APPROACH AND UNDERSTANDING ................................................................................................ 29 a. Understanding of the Village’s Needs, Goals, and Objectives. .............................................................................. 29 b. Proposed Approach to Responding to an Incident. ................................................................................................ 30 b.1. Start-up Procedures. ...................................................................................................................................... 30 b.2. Selection of Temporary Debris Staging and Reduction Sites (TDSRS). ....................................................... 31 b.3. Damage Assessment. .................................................................................................................................... 31 b.4. Hiring and Training Staff. ................................................................................................................................ 32 b.5. Prepare Status and Final Reports. ................................................................................................................. 33 b.6. Track Activities and Stay on Schedule. .......................................................................................................... 33 c. Analysis of Debris Recovery Operations. ............................................................................................................... 36 d. Management of Debris Management Contractors. ................................................................................................ 36 d.1. Monitor Contractor Operations. ...................................................................................................................... 36 d.2. Ensure Debris Eligibility. ................................................................................................................................. 37 d.3. Classify and Separate Debris. ........................................................................................................................ 37 d.4. Maintain Records and Provide Required Documentation. ............................................................................. 38 d.5. Certify Contractor Vehicles. ............................................................................................................................ 38 d.6. Utilize Electronic Ticketing System. ............................................................................................................... 38 d.7. Develop Daily Operational Reports. ............................................................................................................... 39 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com iii e. Billing/Invoice Reporting Procedures. ..................................................................................................................... 39 f. ADMS Program. ....................................................................................................................................................... 40 g. Other Software Options. ......................................................................................................................................... 41 G: TRAINING PROGRAM ............................................................................................................................................... 43 H: INSURANCE ............................................................................................................................................................... 43 K: LITIGATION STATEMENT ......................................................................................................................................... 43 L: FORMS ........................................................................................................................................................................ 44 M: WARRANTY ............................................................................................................................................................... 45 N: PRICE PROPOSAL .................................................................................................................................................... 46 APPENDIX A: INTERNAL TRAINING PROGRAM ........................................................................................................ 47 APPENDIX B: CERTIFICATE OF INSURANCE (COI) .................................................................................................. 48 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 1 A: LETTER OF INTENT May 18, 2020 Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 RE: Response to Village of Key Biscayne RFP No. 2020-50 – Disaster Debris Monitoring Witt O’Brien’s, a limited liability company, is pleased to submit this proposal to the Village of Key Biscayne (the Village) to provide as-needed, emergency debris monitoring and recovery services. We have decades of experience in disaster response and recovery, debris monitoring and management, and grants management. Our mission is to offer a complete range of planning, mitigation, preparation, and prevention services that can help the Village be better prepared before a crisis occurs, and to provide professional and timely services after a disaster to help you Control the Outcome®. We have supported debris monitoring and management efforts in cities and counties across Florida, Georgia, North and South Carolina, Louisiana, Kentucky, Oklahoma, Texas, New Jersey, Arkansas, Massachusetts, and the U.S. Virgin Islands (USVI). Our team has provided emergency management services to many clients in Florida, including the City of Edgewater, the City of Fernandina Beach, Alachua County, the Town of Miami Lakes, Washington County, the Town of Ponce Inlet, and many other communities. We have also held a standby debris monitoring contract with the Village since June 2017. We can offer expertise and technical advice on all debris management activities, such as developing Federal Emergency Management Agency (FEMA)-compliant debris monitoring plans; hiring and training field staff; electronic or paper load ticketing; disseminating information to the public; selecting debris management sites; measuring and certifying trucks; managing hazardous debris; tracking and reporting damages; identifying ineligible debris; managing and reporting data; and documenting removal costs. Highlights of our approach for the Village will include: •Use of an automated debris management system (ADMS) called DebrisPro™ to capture and document debris operations in real-time, reducing the likelihood of errors or lost records, and •Understanding all stakeholders’ roles (e.g., the Village, contractor, the public) in debris removal, and contributing to effective strategies for coordination, integration, and use of resources. •Mobilization of personnel with extensive experience working within the state of Florida, who have a thorough understanding of the state’s environmental laws and regulations. For any questions about this proposal, our capabilities, or our past projects, please contact Charles Bryant, Director of Debris Operations at 337-476-0158 or cbryant@wittobriens.com, cc: contractrequests@wittobriens.com. Witt O’Brien’s can assure the Village that we have the experience and knowledge to perform all aspects of the required work. We appreciate your time and consideration. Respectfully, Witt O’Brien’s, LLC Greg Fenton, Chief Operating Officer (COO) Authorized to sign on behalf of and bind the company RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 1 B: PROPOSER QUALIFICATIONS a. List of Public/Private Clients. Our debris monitoring customers are in multiple counties and cities in California, Florida, Georgia, Louisiana, Massachusetts, Maryland, North and South Carolina, Texas, and Virginia. Our clients appreciate that we are small enough to be highly responsive to client needs, while also possessing the depth of resources, experience and expertise necessary to produce the highest quality work. Currently, our firm has 62 active, ongoing debris monitoring contracts nationwide, all of which involve cooperation and collaboration with FEMA, state emergency and environmental agencies, and local governments. Below is a list of clients from within the past three years. We have bolded those contracts that have included debris monitoring work. More information can be provided to the Village of Key Biscayne upon request. • Alachua County, FL • Bay Health Foundation, FL • Bloomberg Philanthropies • City of Bradenton, FL • School Board of Broward County, FL • California State University System • Columbia County, GA • Town of Davie, FL • City of Edgewater, FL • Fairfax County, VA • City of Fernandina Beach, FL • Florida Department of Transportation • Fort Bend County, TX • City of Galveston, TX • Hernando County, FL (under evaluation for contract renewal) • Hillsborough County, FL • City of Homestead, FL • Indian River County, FL • City of Key West, FL • Lafourche Parish, LA • School District of Lee County, FL • City of Lighthouse Point, FL • Louisiana Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 2 • Miami-Dade County, FL • City of Miami Gardens, FL • Town of Miami Lakes, FL • City of Milton, FL • University of Minnesota • Mississippi Emergency Management Agency • Montgomery County, MD • Morehead City, NC • Nassau County Board of Commissioners, FL • New Hanover County, NC • State of New York (Governor’s Office of Storm Recovery) • City of North Lauderdale, FL • City of North Miami Beach, FL • City of Orlando, FL • City of Palmetto, FL • City of Plantation, FL • City of Pompano Beach, FL • Town of Ponce Inlet, FL • City of Sacramento, CA • City of San Jose, CA • City of Santa Clarita, CA • City of Savannah, GA • Seminole County, FL • Seminole Tribe of Florida • Town of Southwest Ranches, FL • Spartanburg County, SC • United States Conference of Mayors • U.S. Virgin Islands (USVI) • University of North Carolina System • University of Texas Medical Branch (UTMB) at Galveston • Commonwealth of Virginia • Virginia Department of Emergency Management RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 3 • Volusia County, FL • Volusia County School Board, FL • Ward County, ND • Washington County, FL • City of Wellington, FL • City of Weston, FL • City of Wilmington, NC RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 4 b. Business License and Florida Registration. On the following pages, Witt O’Brien’s has provided our Certificate of Good Standing from the State of Florida and our Sunbiz registration. Remainder of this page intentionally left blank. State of Florida Department of State I certify from the records of this office that WITT O'BRIEN'S LLC is a Delaware limited liability company authorized to transact business in the State of Florida,qualified on July 14,2010. The document number of this limited liability company is M10000003124. I further certify that said limited liability company has paid all fees due this office through December 31,2019,that its most recent annual report was filed on April 25,2019,and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Twelfth day of August,2019 Tracking Number:3252179093CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Detail by Entity Name file:///C/...Proposals/Public_State%20&%20Local/FL/Wakulla%20County/02-Working/Forms/WOB-SUNBIZ-Detail%20by%20Entity%20Name.htm[4/23/2019 12:14:09 PM] Department of State / Division of Corporations / Search Records / Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Previous On List Next On List Return to List Events Name History Detail by Entity Name Foreign Limited Liability Company WITT O'BRIEN'S LLC Filing Information M10000003124 27-2783923 07/14/2010 DE ACTIVE LC AMENDMENT 01/30/2019 NONE Principal Address 1201 15TH STREET NW, SUITE 600 WASHINGTON, DC 20005 Changed: 04/24/2017 Mailing Address P.O. BOX 13038 FORT LAUDERDALE, FL 33316 Changed: 03/05/2015 Registered Agent Name & Address NRAI SERVICES, INC 1200 S PINE ISLAND RD PLANTATION, FL 33324 DIVISION OF CORPORATIONSFlorida Department of State Entity Name Search Search Detail by Entity Name file:///C/...Proposals/Public_State%20&%20Local/FL/Wakulla%20County/02-Working/Forms/WOB-SUNBIZ-Detail%20by%20Entity%20Name.htm[4/23/2019 12:14:09 PM] Name Changed: 08/26/2014 Address Changed: 08/26/2014 Authorized Person(s) Detail Name & Address Title MANAGER FABRIKANT, CHARLES 2200 ELLER DRIVE FORT LAUDERDALE, FL 33316 Title MANAGER FABRIKANT, ERIC 2200 ELLER DRIVE FORT LAUDERDALE, FL 33316 Title CEO WHIPPLE, TIM 1201 15TH STREET NW, SUITE 600 WASHINGTON, DC 20005 Title TREASURER MANEKIN, LISA 2200 ELLER DRIVE FORT LAUDERDALE, FL 33316 Title SECRETARY LONG, WILLIAM C 2200 ELLER DRIVE FORT LAUDERDALE, FL 33316 Title MANAGER WEINS, BRUCE 2200 ELLER DRIVE FORT LAUDERDALE, FL 33316 Title PRESIDENT, CHIEF OPERATING OFFICER FENTON, GREGORY CITYCENTRE TWO 818 TOWN & COUNTRY BLVD., #200 Detail by Entity Name file:///C/...Proposals/Public_State%20&%20Local/FL/Wakulla%20County/02-Working/Forms/WOB-SUNBIZ-Detail%20by%20Entity%20Name.htm[4/23/2019 12:14:09 PM] HOUSTON, TX 77024 Title VP, MARKETING STICKLER, HEATHER 1201 15TH STREET NW, SUITE 600 WASHINGTON, DC 20005 Title DIRECTOR OF CONTRACTS JOINER, CHERYL 818 TOWN AND COUNTRY BLVD STE. 200 HOUSTON, TX 77024 Title CFO MURRAY, PAUL 1201 15TH STREET NW, SUITE 600 WASHINGTON, DC 20005 Annual Reports Report Year Filed Date 2017 04/24/2017 2017 08/14/2017 2018 04/11/2018 Document Images 01/30/2019 -- LC Amendment View image in PDF format 04/11/2018 -- ANNUAL REPORT View image in PDF format 08/14/2017 -- AMENDED ANNUAL REPORT View image in PDF format 04/24/2017 -- ANNUAL REPORT View image in PDF format 04/15/2016 -- ANNUAL REPORT View image in PDF format 03/10/2015 -- AMENDED ANNUAL REPORT View image in PDF format 03/05/2015 -- ANNUAL REPORT View image in PDF format 08/26/2014 -- CORLCRACHG View image in PDF format 04/09/2014 -- ANNUAL REPORT View image in PDF format 04/29/2013 -- ANNUAL REPORT View image in PDF format 01/08/2013 -- LC Name Change View image in PDF format 03/14/2012 -- ANNUAL REPORT View image in PDF format 03/23/2011 -- ANNUAL REPORT View image in PDF format 07/14/2010 -- Foreign Limited View image in PDF format Detail by Entity Name file:///C/...Proposals/Public_State%20&%20Local/FL/Wakulla%20County/02-Working/Forms/WOB-SUNBIZ-Detail%20by%20Entity%20Name.htm[4/23/2019 12:14:09 PM] Previous On List Next On List Return to List Events Name History Florida Department of State, Division of Corporations Entity Name Search Search RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 5 c. Available Facilities, Capabilities, and Resources. We will maintain open communications with the Village and the debris management contractor(s) to determine the equipment and resources needed to quickly escalate and begin work. Based on the daily information received by field monitors, we can easily forecast the level of effort required to achieve total debris removal within required FEMA timeframes based on the debris being recovered within the designated road zones and the temporary dump sites. However, before debris removal operations begin, we store equipment and assets at various warehouses, offices, and staging areas around the country. These assets include mobilization trailers equipped with generators, computers (laptops and desktops), batteries, printers, folding chairs and tables, office supplies, extension cords, pre-printed documents and forms, and communication and safety equipment (e.g., hardhats, safety vests, medical kits, etc.). This allows our management team to deploy rapidly and to be self-sufficient for several weeks (if needed) until base utility services are restored to the disaster area. Our mobile command units include all supplies and equipment we need to initiate a debris monitoring project. In addition to this equipment, Witt O’Brien’s offers a state-of-the-art automated debris management system (ADMS) called DebrisPro™, which is a secure, multi-device supported, web-enabled system that allows for the electronic tracking and collection of data in the field, while still permitting us to print paper load tickets for truck drivers. Data is captured on each debris load, and every truck driver will be given a load ticket to validate where material originated, its estimated quantity, and other key data. This management system was designed to meet standards set by the U.S. Army Corps of Engineers (USACE). To ensure data security, data is stored on multiple redundant servers. DebrisPro™ includes the following features: • Automated ticket collection, scanning, tracking, invoicing, and reporting • Categorized and organized debris documentation with secure storage • Cross-checking original ticket information against contractor invoice data • Tracking of debris operations using GIS and other mapping technologies • Comparison strategies like percentage monitoring cost and graphical representation of data • On-site ticket scanning via 2D bar code technology via hand-held devices • Capture and display of real time information from the site of origination • Simplified data entry flows to guide operation of technology for debris collection activities • Financial tools to identify missing contracts or rate lists • Generation of daily rosters to identify monitoring costs • Electronic ticket generation at each location • Audit and reconciliation of hauler invoices As an additional unique resource available to the Village, Witt O’Brien’s maintains an Emergency Command Center (ECC) as a critical, 24/7 access point that allows us to rapidly mobilize resources and facilitate notifications in the case of an emergency incident. The ECC is staffed by highly-trained dispatchers who receive hundreds of requests for service per week. As part of the ECC, we can provide ongoing value in support of incidents requiring extending operations through logistical and communications support. We have previously (and successfully) initiated and managed a dedicated hotline for residents with a customized protocol and script for our agents. Residents receive a toll-free number to call for information, updates, or to lodge a complaint. Select Features of DebrisPro™ RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 6 d. Witt O’Brien’s Equipment. Witt O’Brien’s has extensive experience becoming operational on short notice for concurrent regional disasters. Our pre- positioned trailers, offices, and warehouses stored with supplies and equipment are a key part of our ability to respond rapidly to the Village. These storage centers contain all necessary equipment to initiate a debris monitoring project and become fully operational. The following equipment and supplies will be on hand to establish our operations office on short notice: • Office Supplies: We will draw on additional support staff, equipment, and supplies for tasks such as GIS analysis, data entry, payroll, printing, etc. We will also supply folding chairs, tables, file cabinets, staples and staplers, paper clips, folders, printing paper, notebooks, and other needed paper and set-up supplies. • Generators: Multiple generators will be available to recharge hand-held devices and power computers, printers, and other electronics. • Laptops and Desktop Computers: More than 100 portable computers are regularly maintained by our team and ready to deploy. • Cell Phones and Mobile Wi-Fi Hotspots: Dedicated Emergency Management and Response Team members will be issued smartphones with access to internet, GPS, email, voice, and texting capabilities. In situations where internet access is unreliable, we will distribute wireless routers that can act as mobile hotspots to ensure our team is accessible to the Village and able to communicate with each other. • Forms and Documents: We will supply our personnel with load tickets, truck certification forms, truck placards, project worksheets, tower monitor logs, incident reports, ROE forms, summary forms, etc., for use during daily debris monitoring activities. • Electronic Hand-Held Units/Tablets and Bluetooth Printers: We will provide immediate access to more than 450 tablets (with 4G and Wi-Fi data connectivity) for paperless load ticketing and automated data management.* • Digital Cameras: In addition, to phones and tablets equipped with cameras, we have immediate access to 250 cameras outfitted with large-capacity memory cards and GPS tagging capabilities. • Safety Equipment: Based on OSHA’s general recommendations for Personal Protective Equipment (PPE) for debris collection, we will provide personnel with hard hats, high-visibility safety vests, traffic warning flags, and medical kits. • Field Supplies: Witt O’Brien’s will provide measuring tapes, spray paint, ladders, plastic bins and boxes, batteries, flashlights, etc. • Pre-Identified Vendor Lists: Prior to an event, we identify local vendors of other equipment, supplies, services, or facilities that may be needed, such as office or warehouse rental, tents, boats, hotel rooms, photocopier rental, ice and water suppliers, staffing agencies, automobile rental, etc. *More units can be acquired on short notice through a contract that allows us to request tablets and printers via drop-shipment within 48 hours RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 7 C: PROPOSER’S EXPERIENCE a. Past Experience with Disaster Debris Services. Since 2001, Witt O’Brien’s, LLC experts have helped manage and implement over $50 billion in grant funding reimbursements across public assistance (PA) and debris operations services. We have responded to more than 30 different major disasters in the United States over the last 20 years, overseeing many large and complex debris removal and disposal projects. Our firm currently holds 62 debris monitoring contracts, all of which involve cooperation and collaboration with FEMA. Witt O’Brien’s has consistently demonstrated our ability to successfully complete large- scale, multi-site debris monitoring and management projects for state and local clients. We have built effective communication strategies that allow us to collaborate with federal agencies (e.g., FEMA, Federal Highway Administration (FHWA), the National Resources Conservation Service (NRCS), and many other state and local emergency agencies). Between 2017 and 2019, we completed more than 50 debris monitoring projects at the town, county, and city levels, with hauling costs ranging from only $14,000 to more than $16 million. For these projects, we monitored a total of 11.7 million cubic yards of debris. Witt O’Brien’s is a leader in supporting state and local governments with their debris monitoring needs. We have provided strategic policy advice, established debris management operations plans, coordinated debris removal, and identification of staffing and monitoring needs. We not only manage debris monitoring efforts, but also address reimbursement eligibility in FEMA’s PA program and develop Project Worksheets (PWs). In the table below, we have provided a select list of the clients in Florida, North Carolina, and the U.S. Virgin Islands for which we have provided disaster response and recovery services since 2014. We have provided figures for the hauling costs and/or the amount sought for reimbursement from FEMA or other agencies. Client Services Provided & Description of Project(s) Alachua County, FL Response Support: Provided debris monitoring for 227,412 CY of vegetative and C&D debris and 32,528 hazardous trees after Hurricane Irma (2017) Hauling Costs: $2,133,067 City of Bradenton, FL Response Support: Provided debris monitoring for 88,380 CY of vegetative debris and 2,457 hazardous trees after Hurricane Irma (2017) Hauling Costs: $970,174 School Board of Broward County (SBBC), FL Response Support: Provided debris monitoring for 40,451 CY of vegetative debris after Hurricane Irma (2017). Hauling Costs: $303,381 City of Coral Gables, FL Response Support: Provided debris monitoring for 656,334 CY of vegetative and C&D debris and 17,093 hazardous trees after Hurricane Irma (2017) Hauling Costs: $6,050,538 Town of Davie, FL Response Support: Provided debris monitoring for 543,729 CY of vegetative and C&D debris and 4,342 hazardous trees after Hurricane Irma (2017). Hauling Costs: $4,528,238 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 8 City of Edgewater, FL Response Support: Provided debris monitoring for 261,953 CY of vegetative and C&D debris and 2,812 hazardous trees after Hurricane Matthew (2016). Provided debris monitoring for 66,066 CY of vegetative and C&D debris after Hurricane Irma (2017). Hauling Costs: $2,362,052 Fernandina Beach, FL Response Support: Provided debris monitoring for 4,490 CY of vegetative debris and 1,469 hazardous trees after Hurricane Matthew (2016). Provided debris monitoring for 59,388 CY of vegetative debris and 1,528 hazardous trees after Hurricane Irma (2017) Hauling Costs: $1,011,995 City of Gainesville, FL Response Support: Provided debris monitoring for 137,320 CY of vegetative and C&D debris and 243 hazardous trees after Hurricane Irma (2017). Hauling Costs: $610,883 City of Homestead, FL Response Support: Provided debris monitoring for 264,655 CY of vegetative and C&D debris and 3,500 hazardous trees after Hurricane Irma (2017). Hauling Costs: $2,006,895 Indian Creek Village, FL Response Support: Provided debris monitoring for 11,172 CY of vegetative debris after Hurricane Irma (2017). Hauling Costs: $71,745 Lauderdale-by-the- Sea, FL Response Support: Provided debris monitoring for 6,748 CY of vegetative debris and 131 hazardous trees after Hurricane Irma (2017). Hauling Costs: $63,311 Marion County, FL Response Support: Provided debris monitoring for 1,242,303 CY of vegetative debris and 35,301 hazardous trees after Hurricane Irma (2017). Hauling Costs: $16,366,682 Town of Miami Lakes, FL Response Support: Provided debris monitoring for 97,550 CY of vegetative and C&D debris and 9,549 hazardous trees after Hurricane Irma (2017). Hauling Costs: $872,602 Nassau County, FL Board of Commissioners Response Support: Provided debris monitoring for 86,556 CY of vegetative and C&D debris and 2 hazardous trees after Hurricane Matthew (2016). Provided debris monitoring for 259,169 CY of vegetative and C&D debris and 7,192 hazardous trees after Hurricane Irma (2017). Hauling Costs: $1,914,575 City of North Lauderdale, FL Response Support: Provided debris monitoring for 117,523 CY of vegetative and C&D debris and 882 hazardous trees after Hurricane Irma (2017). Hauling Costs: $902,600 New Hanover County, NC Response Support: Provided debris monitoring for 1,603,715 CY of vegetative and C&D debris and 7,690 hazardous trees after Hurricane Florence (2018). Hauling Costs: $10,366,605 City of North Miami Beach, FL Response Support: Provided debris monitoring for 85,972 CY of vegetative and C&D debris 2,961 hazardous trees after Hurricane Irma (2017). Hauling Costs: $1,733,000 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 9 Oakland Park, FL Response Support: Provided debris monitoring for 52,448 CY of vegetative and C&D debris and 796 hazardous trees after Hurricane Irma (2017). Hauling Costs: $119,088 City of Ocala, FL Response Support: Provided debris monitoring for 205,905 CY of vegetative debris and 440 hazardous trees after Hurricane Irma (2017). Hauling Costs: $1,381,341 City of Palmetto, FL Response Support: Provided debris monitoring for 22,797 CY of vegetative debris and 150 hazardous trees after Hurricane Irma (2017). Hauling Costs: $154,899 City of Parkland, FL Response Support: Provided debris monitoring for 94,748 CY of vegetative debris and 2 hazardous trees after Hurricane Irma (2017). Hauling Costs: $687,026 City of Plantation, FL Response Support: Provided debris monitoring for 686,383 CY of vegetative and C&D debris and 14,072 hazardous trees after Hurricane Irma (2017). Hauling Costs: $8,161,787 City of Pompano Beach, FL Recovery Support: Began working with the City in 2011 to assist with project inspection and final closeout for Hurricanes Katrina and Wilma PWs. We have also provided cost recovery program implementation planning and training services in support of pre-disaster preparedness efforts and the creation of an electronic Disaster Claims Management System (designed to store the City’s disaster management policies, recovery regulations, templates, guides, and other documents on the City’s own computer server). Our team also provided appeals support for insurance de-obligations that the City sustained 10 years after Hurricane Wilma, due in part to OIG findings against several grant applicants across the State of Florida. We supported the City in data collection, coordination, and documentation of these claims to facilitate accurate, defensible, and timely reimbursement. We were activated again to assist Pompano Beach with grant support and program management services for their response to Hurricane Matthew (2016). The Witt O’Brien’s team was tasked with the review and compilation of FEMA reimbursement packages for both Category A debris removal and Category B emergency protective measures costs for labor, equipment, materials, generator usage, and grants management support. Currently, we are engaged in grant management tasks and the completion of an AAR for Hurricane Irma. The City is projected to have approximately 29 FEMA PWs in Categories A-G, documenting more than $5.6 million in disaster-related expenditures. City of Ponce Inlet, FL Response Support: Provided debris monitoring for 12,164 CY of vegetative debris after Hurricane Matthew (2016) and prepared PWs for debris, emergency measures, and facility damages totaling nearly $300,000. Hauling Costs: $91,230 Recovery Support: After Hurricane Irma (2017), provided assistance using the new FEMA Grants Portal and prepared PWs for debris removal, emergency measures, and street sign replacement. City of Sanibel, FL Response Support: Provided debris monitoring for 197,455 CY of vegetative debris and 866 hazardous trees after Hurricane Irma (2017). Hauling Costs: $1,544,035 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 10 Town of Southwest Ranches, FL Response Support: Provided debris monitoring for 202,794 CY of vegetative and C&D debris and 709 hazardous trees after Hurricane Irma (2017). Hauling Costs: $3,656,607 U.S. Virgin Islands (USVI) Response Support: Provided debris monitoring for the removal of 2 million linear feet of conductor wire; 150,000 LF of wooden power poles; 972 pole-mounted and 24 pad-mounted transformers; 3,000 streetlights and brackets; 5,000 guywire and 734 cross-arm and hardware; and 11 reclosers after Hurricanes Irma and Maria (2017). Village of Key Biscayne, FL Response Support: Provided debris monitoring for 69,828 CY of vegetative and C&D debris and 397 hazardous trees after Hurricane Irma (2017). Washington County, FL Response Support: Provided debris monitoring for 1,963,689 CY of vegetative and C&D debris and 54,495 hazardous trees after Hurricane Michael (2018). Hauling Costs: $17,019,247 City of Wilmington, NC Response Support: Provided debris monitoring for 896,462 CY of vegetative and C&D debris and 9,859 hazardous trees after Hurricane Florence (2018). Hauling Costs: $7,732,253 Additional information about Witt O’Brien’s disaster response and recovery contracts is available upon request. b. Knowledge and Experience of Federal, State, and Local Emergency Agencies & Programs. Our team recognizes the value of the unique knowledge that state and local stakeholders and employees can bring to projects, and we look forward to a productive partnership. Throughout the project lifecycle, we will directly engage with FEMA; FHWA; the State of Florida; the Florida Division of Emergency Management (FDEM); other applicable federal-, state-, or local-level emergency agencies; Village staff; and designated debris removal contractors to achieve the following objectives: 1. Minimize confusion and miscommunication 2. Provide required and requested documentation 3. Explain project status 4. Solve any problems or issues that may arise We have extensive experience collaborating and coordinating with our federal, state, and local counterparts to discuss and share ideas, identify priorities, and find solutions to problems. • For the School Board of Broward County (SSBC), the nation’s largest, fully-accredited public school district, Witt O’Brien’s coordinated with FEMA, the state of Florida, FDEM, and SBBC staff to complete interim site inspections, process project worksheets (PWs) and requests for reimbursements, close out 177 large PWs, and prepare a districtwide comprehensive debris management plan. • Following Superstorm Sandy, Witt O’Brien’s PA staff, led by current Director of Debris Operations Charles Bryant, worked with the New Jersey State Department of Environmental Protection, the New Jersey Department of Transportation, FEMA, and the U.S. Army Corps of Engineers (USACE) to develop a scope of work for side- scan sonar and bathymetric surveys, which assisted the state in identifying large volumes of debris that had been deposited in Barnegat Bay. Our debris monitoring team will establish a regular meeting schedule with our federal, state, and local counterparts to discuss and share ideas, identify priorities, and find solutions to any problems. For each meeting, we will prepare staff or officials with all necessary background information and materials, discuss a strategy, and provide support. In addition, our Program Manager (PM), Curt Johnson, will be the Village’s main point of contact. He will be available to attend all meetings with Village staff/officials and during active operations, he will ensure that the Village receives the required high-quality level of service. His resume is provided in Section E. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 11 Throughout each phase of each debris monitoring operation we undertake (from training field monitors, to preparing FEMA PWs, to checking load tickets), Witt O’Brien’s prioritizes two keys to success for FEMA reimbursement: • Ensuring debris eligibility • Ensuring accuracy for all load tickets By emphasizing the importance of these aspects of debris monitoring, we maximize FEMA reimbursement for our state and local clients and have a very high success rate (over 98%) adhering to FEMA PA regulations. We have successfully prepared and/or assisted with more than 80,000 FEMA PWs and we have extensive experience documenting project costs for FEMA, FHWA, NRCS, and statewide emergency agencies. Our debris monitoring team works to ensure that all response claims are properly tracked, recorded, and invulnerable during final inspection, closeout, and audits. We also have experience working within municipal models in the State of Florida. We have held nine contracts with Miami-Dade County since 2012 to conduct work such as updating the Emergency Operations Center (EOC) guidebooks for the County and its Municipalities; producing the Miami-Fort Lauderdale Urban Areas Security Initiative (UASI) Threat and Hazard Identification and Risk Assessment (THIRA); and hosting Whole Community Planning workshops for Miami-Dade County, its Municipalities, and key stakeholders. With this work, we have developed comprehensive knowledge and understanding of Southern Florida preparedness, response, and mitigation needs. Furthermore, we have developed a project management model that has allowed us cultivate a superior working knowledge of eligibility guidelines for FEMA and other federal and state agencies, including the Department of Housing and Urban Development (HUD), Department of Health and Human Services (HHS), Department of Transportation (DOT), U.S. Department of Commerce Economic Development Agency (EDA), Federal Transportation Administration (FTA), Federal Aviation Administration (FAA), Department of Education RESTART grants, and the U.S. Department of Agriculture (USDA). Through decades of experience providing high-quality federal disaster assistance; project formulation services; documentation and development of PWs; development of Section 428 projects; and the identification, documentation, and development of 404/406 mitigation projects, our team works to ensure the highest level of reimbursement for our clients. As a proactive advocate for our clients with Federal funding agencies, our work requires that we be more than just familiar with the legal and regulatory framework surrounding any disaster recovery engagement. It is, in fact, our deep expertise in these areas that allows us to help our clients to obtain the funding to which they are entitled, and often, in the process, find creative ways to work cooperatively with funding agencies to leverage the power inherent in those laws and regulations to our client’s greatest advantage. Witt O’Brien’s Training SMEs worked directly with then-Congressman Tom Ridge’s staff on developing aspects of the Stafford Act. We also worked with NEMA as part of the task forces and working groups that provided regulatory comments and edits. In addition, Witt O’Brien’s staff assisted Congressional committees with the drafting of Section 428 of the Stafford Act. We Helped Develop the FEMA Policy & Regulations RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 12 D: PROPOSER’S CURRENT CAPACITY a. Current Workload and Contract Obligations. Below, we have provided a list of our ongoing standby debris monitoring contracts within the State of Florida. Client Contract Expiration Alachua County, FL 9/2023 City of Bradenton, FL 9/2020 School Board of Broward County (SBBC), FL 5/2023 Town of Davie, FL 9/2022 City of Edgewater, FL 11/2020 City of Fernandina Beach, FL 8/2022 Hernando County, FL 6/2020 (under evaluation for contract renewal) City of Homestead, FL 9/2020 Village of Key Biscayne, FL 6/2020 City of Key West, FL 4/2021 School District of Lee County, FL 10/2021 City of Lighthouse Point, FL 6/2021 City of Miami Gardens, FL 8/2020 Town of Miami Lakes, FL 9/2020 City of Milton, FL 6/2021 Nassau County Board of Commissioners, FL 10/2021 City of North Lauderdale, FL 8/2020 City of North Miami Beach, FL 7/2020 City of Palmetto, FL 12/2020 City of Plantation, FL 7/2021 Town of Ponce Inlet, FL 8/2022 Seminole Tribe of FL 8/2021 Town of Southwest Ranches, FL 9/2021 Volusia County School Board, FL 9/2022 City of Wellington, FL 5/2023 City of Weston, FL 1/2021 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 13 Although we have multiple active standby contracts in Florida and throughout the Southeast, we also have a long history of successfully handling simultaneous contract activations. We have the knowledge and experience needed to get projects started quickly and efficiently, and to see them through to completion and close-out. Witt O’Brien’s has trained our staff to be responsive, motivated, flexible, and ready to react on short notice. Our on-the-ground employees are supported by high-level leaders who provide oversight, strategic planning, and organizational guidance. We have an extensive resume of success in managing debris monitoring and removal contracts, including in the State of Florida. We therefore understand the factors that are critical to success: • Experienced Personnel: specifically, a PM who understands the intricacies of debris monitoring and the importance of documentation for FEMA and FDEM reimbursement; an operations manager who can provide strict oversight of removal crews; and a data manager who can provide daily status updates and reports. • Proven Processes: trusted tools that allow managers to track productivity, manage staff workload and reallocate resources as needed, and monitor direct and indirect costs. • Reporting Systems and Tools: methods of providing transparency at a granular level to managers and our clients to allow them to identify roadblocks and quickly apply solutions. In addition to these management processes, we have implemented staging operations in Florida specifically that ensure our ability to mobilize quickly and perform. Below are a few examples of recent efforts that have required us to recruit, hire, train, and deploy large numbers of personnel to more than one disaster site simultaneously. Hurricane / Event # Active Contracts at Time of Event # Personnel Deployed Hurricanes Michael and Florence (2018) 2 in Florida 2 in North Carolina 500 monitoring and supervisory personnel trained, deployed, and managed Hurricanes Harvey and Irma (2017) 31 in Florida 3 in Texas 3 in Georgia 1,500 monitoring and supervisory personnel trained, deployed, and managed Hurricane Matthew (2016) 5 in Florida 4 in Georgia 1 in South Carolina 2 in North Carolina 700 field monitors deployed and managed Hurricane Gustav (2008) 5 in Louisiana 1,600 monitoring and supervisory personnel trained, deployed, and managed Witt O’Brien’s has a robust internal ability to mobilize with 24 hours from our local Fort Lauderdale office. In addition to the staff we have identified in our proposal, our firm maintains a bench of on-call personnel with the needed skills to support the Village. We have 115 on-call employees who are trained in debris monitoring operations and ready to be deployed. We also have an additional 1,000 previously-trained debris monitors who are eligible and available for re-hire in the event of a large-scale disaster or event. We are ready to support the Village of Key Biscayne beginning on Day 1. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 14 E: PERSONNEL QUALIFICATIONS a. Key Staff Questionnaire. Witt O’Brien’s has provided the requested information for Key Staff in the questionnaire. In addition to the key staff listed in our questionnaire responses, we can provide an additional staff member who brings experience with FEMA appeals and negotiations. His resume is provided in Section d below. b. Subcontractors Questionnaire. Witt O’Brien’s has provided the requested information for subcontractors in the questionnaire. However, we do not intend to work with any subcontractors for this engagement with the Village of Key Biscayne. In the event that a subcontractor is needed (e.g., in the case of a severe damages caused by a Category 4 or 5 storm), we have extensive experience working in Southern Florida and have established productive working relationships with many partners we can reach out to for assistance, including hiring and staffing firms. For example, we have previously worked with Alpha1 Staffing, a small, women-owned business based in Miramar, Florida, to hire debris monitors, supervisors, and other staff. We coordinated with Alpha1 during Hurricanes Irma and Michael, and have an ongoing standby contract with Alpha1 for our work in Broward County. c. Organizational Chart. Our organizational chart includes all key personnel for this project. Our PM will be the Village’s direct point of contact for any questions or concerns throughout the duration of the contract, not just during a disaster or event. He can lead any efforts needed for debris management planning pre-event and can set up an annual meeting to ensure that Witt O’Brien’s stays up to date on the Village’s needs. Our SMEs in Debris and PA will serve in an advisory capacity to provide oversight, insights, and the benefit of their expertise as needed. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 15 d. Resumes for Key Staff Resumes for all key staff are provided beginning on the following page. Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 16 Charles Bryant is the Director of Debris Services and is a highly qualified debris and emergency response specialist with 40 years of experience in emergency response services. DEBRIS MONITORING, COLUMBIA COUNTY, GEORGIA. As Debris Technical Advisor, provided technical assistance to the county for development of FEMA PWs for Category A debris removal; provided assistance for FEMA eligibility determinations; oversaw contractor operations; managed debris sites and monitoring activities. DEBRIS MONITORING, STATE OF NEW JERSEY. After Superstorm Sandy, Charles served as a Subject Matter Expert to provide technical assistance for the Governor’s Office of Recovery and Rebuilding (GORR), providing planning and operational support for Recovery Operations, working with other Recovery Team personnel to identify recovery strategies for debris removal operations, and assisting in the development, management, and establishment of operational strategies for wet debris removal for New Jersey Department of Environmental Protection. DEBRIS MONITORING, STATE OF LOUISIANA. Provided technical assistance and served as SME for Debris Operations in response to Hurricane Isaac. Worked as technical advisor to Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP), providing planning and operational support. HSEEP EXERCISE, BALTIMORE, MARYLAND. As an HSEEP Exercise Developer, Charles developed the first HSEEP- compliance exercise focused specifically on debris removal operations and coordination for the Baltimore Metropolitan Council in 2009, which provides regional planning for the Baltimore, MD area, that includes Baltimore City, Baltimore County, Anne Arundel County, Howard County, and Harford County, MD. DEBRIS MONITORING AND MANAGEMENT, STATE OF TEXAS. As Regional Operations Manager, Charles provided debris monitoring and management for multiple client operations due to Hurricane Harvey. He helped monitor the removal of more than 700,000 CY of debris for the City of Port Arthur and surrounding communities. DEBRIS MONITORING, STATE OF LOUISIANA. Provided response services and coordinated debris operations across the state after Hurricanes Gustav and Ike. Responsible for overseeing debris removal, identifying staffing and monitoring levels, establishing schedules and monitoring plans, developing PWs, and providing environmental and historical guidance. Oversaw structural demolition activities and private property debris removal (PPDR), coordination, and development of planning strategies and operational objectives related to debris removal, with liaison support to all federal, state, and local partners after Hurricanes Katrina and Rita. Later served as the State Deputy Debris Manager for Debris Operations, with the responsibility for coordination of debris operations. CHARLES BRYANT DEBRIS SUBJECT MATTER EXPERT EDUCATION Louisiana State University, Eunice Associate Fire Science Degree Programs. • Introduction to Fire Science • Introduction to Fire Suppression • Fire Behavior • Fireman Training • Officer Training • Hazardous Materials Tactical Considerations • Hazardous Materials On-Scene Coordinator • Fire Department Insurance Rating • Texas A&M University Fire Service Technology Computer-Aided Management of Emergency Operations Fire Prevention, Level 5 • YEARS OF EXPERIENCE 35+ Years LICENSES/CERTIFICATIONS/TRAINING NIMS Advanced ICS Curricula Train the Trainer E449 – Certified Instructor EMI E202 National Debris Management Planning – Certified Instructor EMI National Debris Management – Trainer FEMA Pilot Program Train the Trainer – Trainer FEMA Intro to Emergency Management – Trainer FEMA Liability Issues in Emergency Management – Trainer National Fire Academy Fire Service, Financial Management & Planning – Trainer RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 17 Valarie Philipp is an Associate Managing Director at Witt O’Brien’s and a registered Professional Engineer (PE) in the states of Florida and Georgia. Valarie has more than 20 years of experience in disaster preparedness, response, and FEMA Public Assistance (PA) recovery support. She has assisted state, county, and municipal governments; health care providers; educational institutions; and non-governmental organizations (NGOs) with disaster preparedness, response, and recovery. She is a subject matter expert in grants management, cost recovery, FEMA disaster closeouts, procurement compliance, and appeals resolution. WITT O’BRIEN’S, 2006 – PRESENT. Associate Managing Director. HURRICANE DORIAN DISASTER RECOVERY SUPPORT, VARIOUS FLORIDA CLIENTS (2019 – PRESENT) Valarie is currently serving as the Project Manager for 6 FEMA PA projects supporting clients in Florida with PW preparation and submittal. DISASTER RECOVERY SUPPORT, BOARD OF TRUSTEES OF BAY MEDICAL CENTER (BAY HEALTH FOUNDATION, FLORIDA) (2019 – PRESENT) Valarie is responsible for management and oversight for Bay Health Foundation recovery from Hurricane Michael. The damages documented on FEMA projects to date total over $124 million. HURRICANE IRMA DISASTER RECOVERY SUPPORT, VARIOUS CLIENTS, FLORIDA (2017 – PRESENT) Valarie is managing 10 disaster debris monitoring projects and 15 FEMA grants management projects resulting from Hurricane Irma. PWs were prepared (Categories A-G) for damages totaling $74.7 million. DISASTER RECOVERY SUPPORT, SCHOOL BOARD OF BROWARD COUNTY (SBBC), FLORIDA (2008 – PRESENT) Valarie has directed SBBC’s long-term recovery efforts after the various disasters that impacted the Broward County School District from 2004 to 2020, including the COVID-19 response and recovery. She has overseen the reconciliation and closeout of projects totaling more than $60 million. LONG-TERM RECOVERY EFFORTS, FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FLORIDA (2008 – 2015) Valarie assisted FDOT with recovery efforts from the Spring 2014 flooding that impacted North Florida. She helped the department perform closeout activities for 110 large PWs related to nine State-declared disasters from 2004-2008, which represented more than $75 million in obligated funds. LONG-TERM RECOVERY EFFORTS, CITY OF MIAMI, FLORIDA (2008 – 2012) Valarie assisted with the debris planning and preparation process, from project inception through disaster closure and audits. She also supported final inspection and closeout of 27 PWs that represented more than $34 million in obligated funds. The majority of the PWs were related to debris removal and emergency protective measures. RECOVERY EFFORTS, FLORIDA DIVISION OF EMERGENCY MANAGEMENT, FLORIDA (2006 – 2008) While working with FDEM, Valarie served as the Lead PAC responsible for recovery in Miami-Dade County, which included 218 municipal and private non-profit organizations applying for more than $560 million in federal funds. VALARIE PHILIPP PA SUBJECT MATTER EXPERT YEARS OF EXPERIENCE 21 Years EDUCATION University of Florida MSCE – Master’s, Structural Engineering University of Florida B.S. – Civil Engineering LICENSES/CERTIFICATIONS Professional Engineer (PE): Florida and Georgia TRAINING FEMA Classroom Training: Operations I, Cost Estimating Format, G-202 – Debris Management FEMA EMI Courses: FEMA IS-008, FEMA IS-056, FEMA IS-100, FEMA IS- 156, FEMA IS-200, FEMA IS-253, FEMA IS-279, FEMA IS-300, FEMA IS- 318, FEMA IS-340, FEMA IS- 386, FEMA IS-393, FEMA IS-400, FEMA IS- 403, FEMA IS-547, FEMA IS-613, FEMA IS-631, FEMA IS-632, FEMA IS- 700, FEMA IS-800, FEMA IS-801, FEMA IS-803, and more RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 18 RODNEY BYRD IS AN EMERGENCY RESPONSE COORDINATOR WITH NEARLY 5 YEARS OF EXPERIENCE IN DISASTER RECOVERY DEBRIS MONITORING AND REMOVAL. Rodney has an advanced working knowledge of eligibility guidelines for FEMA debris regulations and funding programs. He has been a part of management teams overseeing the successful removal of millions of cubic yards of storm-related debris and he has experience dealing with state and federal agencies to ensure all requirements are met for reimbursement. DEBRIS REMOVAL MANAGEMENT, LAFOURCHE PARISH, LOUISIANA (2019) Rodney was the Project Manager for debris removal operations in Lafourche Parish following Hurricane Barry. DEBRIS REMOVAL MANAGEMENT, CITY OF WILMINGTON, NORTH CAROLINA (2018) Rodney was the Project Manager for debris removal operations in the City of Wilmington following Hurricane Florence, overseeing the removal of approximately 896,462 cubic yards of debris. He ensured the proper removal of hazardous trees, in addition to DOT, private property, private roads, and rights-of-way (ROW) debris removal. HURRICANE RECOVERY SUPPORT, U.S. VIRGIN ISLANDS (2017-2018) Rodney supervised mapping efforts in the Virgin Islands to identify debris eligible for FEMA reimbursement following hurricanes Irma and Maria. DEBRIS REMOVAL MANAGEMENT, VARIOUS CLIENTS, GEORGIA (2017) Rodney managed operations for Glynn County and the City of Brunswick during the debris removal operations following Hurricane Irma. He supervised the successful removal of approximately 685,000 cubic yards of ROW/private property debris. Debris types included construction and demolition debris, vegetation, and hazardous trees. DEBRIS REMOVAL OPERATIONS, VARIOUS CLIENTS, TEXAS (2017) Rodney supervised field operations on multiple projects during the Hurricane Harvey response resulting in the collection of over 700,000 cubic yards of ROW/private property debris in Waller County, Clearbrook City Municipal Utility District, West University Place, and Port Arthur, TX. Debris types included construction and demolition debris, white goods, and e- waste. RODNEY W. BYRD DEBRIS OPERATIONS MANAGER YEAR JOINED WITT O’BRIEN’S LLC 2017 YEARS OF EXPERIENCE WITH OTHER FIRMS 3 Years LICENCES/CERTIFICATIONS/TRAINING IS-632.a; IS-633; IS-100.c; IS-200; IS- 200.b; IS-700.b; IS-800.c; IS-300; IS-400 OSHA 24-Hour HAZWOPER RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 19 SHELETTA COSSEY HAS NEARLY 5 YEARS OF EXPERIENCE IN DEBRIS MONITORING, PROJECT DATA MANAGEMENT, AND DATA ADMINISTRATION. She began her recovery services career as a field monitor during the recovery efforts from Hurricane Matthew in 2016. Sheletta is thoroughly trained as a debris specialist and is also knowledgeable in data and financial reconciliation purposes. Sheletta currently serves as the project manager for 23 active debris monitoring contracts within the state of Florida and is well-versed in Florida reimbursement requirements. She is especially skilled at the management of data and documentation and frequently oversees Witt O’Brien’s electronic ticketing process. This involves determining cubic yard estimations and managing upwards of 3,000 tickets and 20,000 cubic yards daily. She has served as an operations and/or data manager on several large-scale, simultaneous projects for Hurricanes Florence and Irma, and oversaw the financial reconciliation for hauling data from nearly 8 million CY of storm-related debris. In addition to her experience with debris monitoring, Sheletta is thoroughly trained in FEMA PA regulations and the FEMA grant portal. HURRICANE FLORENCE DEBRIS MONITORING, NORTH CAROLINA (2018 – 2019) Sheletta served as the data manager for disaster recovery debris monitoring for the City of Wilmington and New Hanover County following Hurricane Florence. She provided daily updates on total cubic yards of debris hauled, QA/QC of ticketing data, and reconciliation of financial hauling data. HURRICANE IRMA DEBRIS MONITORING, FLORIDA (2017 – 2018) Sheletta served as the data manager for Witt O’Brien’s disaster recovery debris monitoring for 28 cities and counties in the state of Florida following Hurricane Irma in 2017. She managed the work of 12 to 36 data entry clerks in the South Florida Data Processing Center in Ft. Lauderdale and Ocala. • Sheletta has transitioned to the position of project manager to assist these clients with final PW development and project closeout. HURRICANE MATTHEW DEBRIS MONITORING, GEORGIA (2016 – 2017) Sheletta was the project administrator and data manager for disaster recovery and debris monitoring for multiple clients following Hurricane Matthew in 2016. She was responsible for managing HR files and data entry for the City of Savannah, City of Brunswick, and Glynn County, GA. SHELETTA COSSEY DEBRIS DATA MANAGER YEAR JOINED WITT O’BRIEN’S LLC 2016 YEARS OF EXPERIENCE AT OTHER FIRMS 7 EDUCATION Allied American University, B.S. Business Administration LICENCES/CERTIFICATIONS/TRAINING 24-Hr HAZWOPER FEMA EMI Training: IS-001, IS-003, IS-005, IS-007, IS-008, IS-010, IS-011, IS-015, IS-22, IS-036, IS-055, IS-100, IS-111, IS-120, IS-139, IS-200, IS-208, IS-212, IS-230, IS-235, IS-240, IS-241, IS-242, IS-244, IS-253, IS-271, IS-275, IS-288, IS-279, IS-292, IS-300, IS-318, IS-324, IS-362.a, IS-393, IS-394, IS- 395, IS-400, IS-546, IS-547, IS-630, IS- 00632.a, IS-00633, IS-634, IS-650, IS- 700, IS-775, IS-800, IS-814, IS-870 FEMA Classroom Training: DF-100, DF-105, DF-106, DF-109, DF-120, DF- 128, DF-219, DF-228, DF-304, DF-305, DF-308, DF-310, DF-319, DF-416, DF- 418, DF-420, DF-421, DF-434, DF-435, DF-437, DF-500, DF-505, DF-506, DF- 507, E-253, E-273, E-276, E-842, L- 273, L-386, L-701 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 20 Brian Weed has nearly 5 years of experience in disaster recovery debris monitoring and removal projects following major disasters. Brian has served as a debris monitor, debris supervisor, and operation manager for debris removal projects following Hurricanes Matthew, Irma, Maria and Florence. He served as Debris Supervisor for the State of South Carolina during Hurricane Matthew and an Operations Manager for the State of Florida during Hurricane Irma debris monitoring projects. To date, he has overseen millions of cubic yards of various types of debris. Brian also proudly served in the US Navy. DEBRIS MONITORING OPERATIONS, CITY OF WILMINGTON, NORTH CAROLINA (SEPTEMBER 2018 – PRESENT) Brian served as the debris management site supervisor for debris removal operations in the City of Wilmington following Hurricane Florence; to date, he has supervised the removal of more than 700,000 cubic yards of debris. DEBRIS MONITORING OPERATIONS, US VIRGIN ISLANDS (2018) Brian worked in St. Thomas in the US Virgin Islands as a debris monitoring supervisor for removal of USVI WAPA (Water and Power Authority) debris generated by Hurricanes Irma and Maria. After completing the WAPA debris project, he worked as a Supervisor for St. Croix, mapping electronically all hazardous limbs, hazardous trees, and hazardous stumps for the USVI Department of Public Works DEBRIS MONITORING OPERATIONS, VARIOUS CLIENTS, FLORIDA (2017-2018) Brian served as Debris Monitoring Operations Manager for Fernandina Beach and Nassau County for the debris removal operations following Hurricane Irma. He managed staff and the removal of more than 500,000 cubic yards of vegetative and construction and demolition (C&D) debris. DEBRIS MONITORING OPERATIONS, VARIOUS CLIENTS, SOUTH CAROLINA (2016-2017) Brian served as Debris Supervisor for the debris removal operations for Hilton Head Island and City of Florence, South Carolina, following Hurricane Matthew. He supervised the removal of more than 2.3 million cubic yards of vegetative, C&D, and white goods. AREAS OF EXPERTISE ○ Disaster Recovery ○ DMS Supervision BRIAN WEED DEBRIS FIELD SUPERVISOR YEAR JOINED WITT O’BRIEN’S LLC 2016 LICENS ES/CERTIFICATIONS/TRAINING ICS 100, ICS 200, ICS 634, ICS 700, ICS 800 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 21 Alexandra Hestilow is a GIS Specialist with more than 12 years of experience in geographic mapping and data compilation. Alexandra joined Witt O’Brien’s in 2016 as a Senior GIS Specialist in the Debris Division. She is proficient with multiple types of GIS software, including ArcGIS and ERSI ArcSDE 10.4.1. She manages the Common Operating Picture/Platform during disaster events. Alexandra creates Oil Spill Trajectories, Environmental Sensitivity maps, and manages debris tickets with web applications. GIS SERVICES FOR OIL SPILL PREPAREDNESS, VARIOUS CLIENTS, HOUSTON, TEXAS (2016- PRESENT) Alexandra is the GIS Analyst for Witt O’Brien’s where she helps provide a full suite of GIS services related to oil spill contingency planning, response, and recovery. She also supports the development of facility response plans, regional response plans, spill prevention, control, and countermeasure plans, oil spill response plans, storm water pollution prevention plans, and recovery. She is the GIS support for the preparation and conducting of oil spill drills and exercises, as well as managing the Common Operating Picture/Platform during events. GIS SPECIALIST, HESS CORPORATION, HOUSTON, TEXAS (2011- 2016) Alexandra was a GIS specialist for the Hess Corporation where she worked with land negotiators by mapping areas of interest and leases in Ohio and California. She helped speculators determine what parts of the Appalachian Basin showed potential for natural gas exploration. Additionally, she assisted Hess’ subsurface department with identifying desirable drilling locations by using their information and calculations to create specific map themes. Alexandra digitized information for gas leased in the Utica shale formation and uploaded it into ArcGIS. She mapped offshore oil leases in the Gulf of Mexico, as well as international holdings like Australia, Ghana, and Indonesia. She maintained and updated reliable data in ArcGIS for all wells, well pads, and pooling units. GIS ANALYST, HOUSTON AIRPORT SYSTEM, TEXAS (2008-2011) As GIS Analyst for the Houston Airport System in Houston Tx, Alexandra combined AutoCAD files, surveys and paper maps to create a map laying out all the utilities at Houston’s two airports – Houston George Bush Intercontinental and Houston Hobby. She also worked with surveyors to determine utility needs for existing and proposed structures and served as the airport system’s point of contact for all commercial development. She helped update the floor plans of both airports and created and facilitated training materials and seminars for coworkers. GIS SPECIALIST, VARIOUS INDUSTRIES, HOUSTON, TEXAS (2008) Alexandra served as GIS Specialist where she provided land asset management and GIS solutions for a variety of industries, including oil and gas exploration firms like Apache and Anadarko. She helped the companies map leases, wells, and rights of way, as well as overseeing contracts and working and royalty interests. ALEXANDRA HESTILOW GIS ANALYST YEAR JOINED WITT O’BRIEN’S LLC 2016 YEARS OF EXPERIENCE WITH OTHER FIRMS 8 Years EDUCATION Sam Houston State University MS, Geographic Information System Texas Tech University BA, Geography LICENSES/CERTIFICATIONS/TRAINING ICS 100, ICS 200, ICS 300. SOFTWARE ArcGIS & Arc Catalog ERSI ArcSDE 10.4.1 MS Access ASA Oil Map Adios & Aloha HazUS RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 22 Lynne has 15 years of experience in disaster recovery operations, including emergency management, debris operations, planning, and technical assistance to local governments. Lynne’s experience includes managing disaster debris monitoring operations, acting as a State Agency Liaison for the State of New Jersey, providing statewide planning and training on FEMA debris regulations, conducting preliminary damage assessments, and providing technical assistance for project closeouts to local and state agencies. Lynne currently serves as a Project Manager and Senior Grants Consultant at Witt O’Brien’s. DEBRIS MANAGEMENT PLANNING – VARIOUS CLIENTS (2007-PRESENT) Lynne is responsible for developing disaster debris management plans. She has developed plans for the following local, state, and tribal governments: Seminole Tribe of Florida; State of Maine; City of Fernandina Beach, FL; Broward Health Hospital; City of Alexandria, LA; City of North Miami, FL; Cooper City, FL; Town of Davie, FL; Florida Department of Transportation, and the City of Savannah, GA. MOREHEAD CITY, NORTH CAROLINA (2018 – PRESENT) Lynne is responsible for providing PA program technical assistance and project formulation for 14 projects. These projects have included historic cemeteries repair / restoration and hazardous tree removal. As of September 2019, Lynne is also responsible for formulating projects related to Hurricane Dorian. OAKLAND PARK, FLORIDA (2017 – PRESENT) As a PA Coordinator, Lynne is providing technical assistance, and project formulation for 24 projects resulting in $2.4 million in cost recovery. NEW JERSEY OFFICE OF EMERGENCY MANAGEMENT (2012-2014) Lynne worked with 25 New Jersey agencies, primarily the NJ Department of Transportation (NJDOT), providing technical assistance after Superstorm Sandy. Her assistance included PW formulation, quarterly reports, and reimbursement requests, for NJDOT’s $30 million in claims. LAFOURCHE PARISH, LOUISIANA (AUGUST 2012 – OCTOBER 2012) Lynne provided oversight of debris monitoring operations for Lafourche Parish, LA during recovery efforts from Hurricane Isaac in 2012. She also provided the Parish with technical assistance and was responsible for ensuring compliance with Louisiana Department of Environmental Quality reporting requirements. FLORIDA DEPARTMENT OF TRANSPORTATION (2007-2013) As a Senior Consultant and Project Manager, Lynne provided long-term disaster recovery, emergency management, and planning expertise to the Florida DOT. She provided technical assistance and planning to local governments in the areas of FEMA PA and FHWA Emergency Relief programs. In this role, she served as Public Assistance Coordinator (PAC) for the FDOT and oversaw project closeout, appeals and project worksheet formulation. • Lynne secured $100 million in grant reimbursement, assisting more than 80 local governments with preparing documents for Detailed Damage Inspection Reports (DDIR), which were submitted to the FHWA for reimbursement. • Lynne managed the development of FDOT’s statewide debris management plan, which was approved by FEMA Region IV and also developed seven district Debris Operations Plans. She designed and delivered training on the implementation of those plans. Lynne also assisted in the development of FEMA PA and FHWA Emergency Relief training, which was delivered to more than 2,000 government personnel in Florida. LYNNE STORZ PA COORDINATOR YEARS OF EXPERIENCE 15 Years EDUCATION Portland State University Master of Urban and Regional Planning Portland State University B.S., Sociology LICENSES/CERTIFICATIONS FEMA Classroom Training G-318 (Mitigation Planning), NIMS ICS 300 (Intermediate ICS for Expanding Incidents), NIMS ICS 400 (Advanced ICS) FEMA Courses IS-001, IS-003, IS-026, IS-100, IS-120, IS-130, IS-200, IS-253, IS-393, IS-403, IS-546, IS-547, IS-548, IS-559, IS-630, IS-631, IS-632, IS-700, IS-800, IS-801, IS-802, IS-803, IS-804, IS-805, IS-806, IS-807, IS-808, IS-809, IS-810, IS-811, IS-812, IS-813, IS-814 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 23 Shaletha Smith is a grants manager with over 13 years of experience, particularly in project closeouts, audits, appeals, and project eligibility. Shaletha has worked extensively as a grants and/or closeout specialist in Florida and Louisiana. Most recently, she has worked with the Broward County School Board to conduct damage assessments, process projects, and coordinate effective delivery of federal funding to grantees/sub-grantees. For the Town of Davie, she works closely with the FEMA Program Delivery Manager to resolve any program-related difficulties, determine scopes of work, and communicate program eligibility requirements. BROWARD COUNTY BOARD, FORT LAUDERDALE, FLORIDA, OCTOBER 2018 – PRESENT Shaletha works closely with FEMA Program Delivery Manager and sub- grantee to coordinate effective, efficient and accurate delivery of federal funding. She has identified all eligible damage caused by Hurricane Irma and assisted in gathering all required documentation for upload in the FEMA Grants Portal. TOWN OF DAVIE, DAVIE, FLORIDA, FEBRUARY 2018 – PRESENT Shaletha works closely with the FEMA Program Delivery Manager and sub-grantee to coordinate effective, efficient and accurate delivery of federal funding to resolve program-related needs and ensure projects are processed efficiently. STATE OF NEW JERSEY, COLTS NECK, NEW JERSEY. (CLOSEOUT LEAD: 8/2013 – 6/2014; DISASTER RECOVERY SPECIALIST: 7/2014 – 10/2015; CLOSEOUT SPECIALIST: 11/2015 – 11/2017). Shaletha was responsible for validating and verifying funding authorizations and expenditures by analyzing financial reports for accuracy and determinations of potential obligations or de-obligations of federal funding. As a Closeout Specialist, she conducted final reviews of all submitted invoices, contracts, procurement packages, and other closeout documentation. She prepared and recommended final grant versions before closeout, and advised applicants of grant management and audit requirements, as described in federal regulations. DISASTER RECOVERY SPECIALIST II, CLOSEOUT SPECIALIST: LOUISIANA GOHSEP, BATON ROUGE, LA, APRIL 2006 - JULY 2013. Shaletha was responsible for certifying that all recovery work was completed, appeals were resolved, and all eligible costs were reimbursed. In addition, she was responsible for closing projects and auditing reports by determining if each sub- grantee met eligibility requirements and documentation standards according to federal and state regulations. She also provided applicants with clear, accurate information regarding FEMA/State disaster recovery programs, and performed payment reconciliation to ensure accuracy and request refund for de-obligated funds. Shaletha entered payment vouchers for electronic payment to applicants affected by disasters into Louisianpa.com. US SMALL BUSINESS ADMINISTRATION (SBA). 2005 – 2006. Shaletha assisted administrative officers in preparation of the Disaster Area Office’s annual budget, maintained accounting records, and reviewed invoices, statements, and travel vouchers for payments to the appropriate vendors and travelers. As directed, she answered questions and assisted supervisors, loan officers, loss verifiers, and other staff regarding policy and regulations governing travel vouchers and proper overtime requests. SHALETHA SMITH PA PROJECT OFFICER YEARS OF EXPERIENCE 13+ Years EDUCATION Northwestern State University B.S., Business Administration / Accounting University / Institution Name Degree / Certificate Name LICENSES/CERTIFICATIONS FEMA National Emergency Management Information System (NEMIS) FEMA’s Emergency Management Mission Integrated Environment (EMMIE) MB3 (EMGrantsPro) Various FEMA EMI Courses RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 24 Erin Buchanan, CFM, has more than 15 years of hazard mitigation experience, including mitigation planning, project and application development, grants management, and financial data management. Erin has provided mitigation planning expertise to many clients and is skilled at helping communities connect hazard mitigation planning to project and application development. Her financial management tracking tools have managed over $2.7 billion in federal funds. FLOOD MITIGATION ASSISTANCE – TOMS RIVER, NJ (2017 – PRESENT) Erin serves as a mitigation specialist responsible for the development of the Toms River Flood Mitigation Assistance Elevation project. The elevation project was submitted under the FY17 grant cycle. HAZARD MITIGATION TECHNICAL ASSISTANCE – FERNANDINA BEACH, FL (2017 – PRESENT) Erin is the mitigation specialist responsible for the development of the City of Fernandina Beach drainage project. Erin was responsible for application development and provided programmatic guidance. HAZARD MITIGATION PLANNING – MISSISSIPPI EMERGENCY MANAGEMENT AGENCY (2018) Erin served as a Project Manager for the State Plan, which included updates regarding climate change. HAZARD MITIGATION PLANNING – VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (2017 - 2018) Erin served as the Project Manager and Senior Mitigation Planner responsible for the plan update as well as bringing the plan to enhanced status. The plan documented the Commonwealth’s ability to manage hazard mitigation grant funds and described the ways in which climate change may exacerbate natural hazards. HAZARD MITIGATION GRANTS MANAGEMENT – UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON (UTMB) (2016 - PRESENT) Erin serves as a Project Manager responsible for grant management and as well as advising UTMB stakeholders. She is responsible for identifying and developing mitigation projects and has submitted $25M worth of grant applications to the Texas Division of Emergency Management Agency (TDEM). Previously funded projects are in various stages of implementation and project closeout. Erin also worked as a Mitigation Planner and was responsible for the QA/QC of updated plan documents for UTMB Disaster-Resistant University Hazard Mitigation Plan. HAZARD MITIGATION PROGRAM SUPPORT – LOUISIANA GOVERNOR’S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS (GOHSEP) (2007 - 2016) Erin served as a Hazard Mitigation Specialist supporting GOHSEP during rebuilding efforts from Hurricanes Katrina, Rita, Gustav, Ike, and Isaac. She assisted in identifying and developing HMGP projects and applications, ensured legislative criteria were met, developed cost analysis, assisted in training GOHSEP staff, and developed funding strategies and financial management tracking tools. ERIN BUCHANAN SENIOR HAZARD MITIGATION SPECIALIST YEARS OF EXPERIENCE 15 Years EDUCATION Marshall University BA, International Affairs LICENSES/CERTIFICATIONS/TRAINING Certified Floodplain Manager (CFM) CDBG Basics: Training for Practitioners, May 2015 FEMA’s National Emergency Management Information System (NEMIS) FEMA Professional Development Series Certificate FEMA Classroom Training: DF-100, DF-105, DF-106, DF-109, DF-120, DF- 128, DF-219, DF-228, DF-304, DF-305, DF-308, DF-310, DF-319, DF-416, DF- 418, DF-420, DF-421, DF-434, DF-435, DF-437, DF-500, DF-505, DF-506, DF- 507, E-253, E-273, E-276, E-842, L- 273, L-386, L-701 FEMA EMI Training: IS-001, IS-003, IS-005, IS-007, IS-008, IS-010, IS-011, IS-015, IS-22, IS-036, IS-055, IS-100, IS-111, IS-120, IS-139, IS-200, IS-208, IS212, IS-230, IS-235, IS-240, IS-241, IS-242, IS-244, IS-253, IS-271, IS-275, IS-288, IS-279, IS-292, IS-318, IS-324, IS-362.a, IS-393, IS-394, IS-395, IS- 546, IS-547, IS-630, IS-632, IS-650, IS- 700, IS-775, IS-800, IS-814, IS-870 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 25 Ashley Hebert is a Certified Flood Plain Manager (CFM) with extensive experience supporting FEMA Hazard Mitigation Grants Program (HMGP) and Public Assistance (PA). Ashley has more than 15 years of experience supporting FEMA disaster recovery programs across multiple disasters including Hurricanes Katrina and Rita and Superstorm Sandy. As a FEMA core employee, Ashley served in multiple positions ranging from Project Officer II to Lead Hazard Mitigation Grant Program Specialist. He has been responsible for managing over $750 million in projects from cost estimates to completion. HAZARD MITIGATION PROGRAM SUPPORT, VARIOUS CLIENTS (2018 – PRESENT) Ashley is currently supporting the University of Texas Medical Branch at Galveston and Sienna Plantation Levee Improvement District to help develop HMGP projects and BCA totaling over $119 million for submittal to the Texas Department of Emergency Management and FEMA. PUBLIC ASSISTANCE TECHNICAL SUPPORT, FEMA (2016) Under a FEMA PA-TAC, Ashley performed mechanical engineering technical assistance following the impact of Superstorm Sandy in New Jersey. He supplied technical assistance for mechanical equipment and reviewed PWs for reasonableness. PUBLIC ASSISTANCE TECHNICAL SUPPORT, LOUISIANA GOVERNOR’S OFFICE OF HOMELAND SECURITY AND EMERGENCY PREPAREDNESS (2015 - 2016) As a contractor, Ashley performed Cost Reasonableness Analysis and Cost Estimation for PA Closeout following Hurricanes Katrina, Rita, Gustav, and Ike in Louisiana. He reviewed invoices and produced estimates for PA projects that did not follow the proper procurement process for all projects over $10,000. NEW YORK RISING PROJECT, STATE OF NEW YORK (2013 – 2014) Ashley performed Quality Assurance/Quality Control on the New York Rising project following Superstorm Sandy. He conducted review of Xactimate estimates and cost estimates for repair and drawings for homes affected by the storm. In quality checks, he added items as needed that were overlooked by the initial inspectors to help the homeowners completely repair their homes. PUBLIC ASSISTANCE COST BENEFIT TECHNICAL SUPPORT, VARIOUS CLIENTS (2013) Ashley analyzed data for program analysis, reviewed HMGP projects for cost effectiveness, and provided training for BCA preparation. Ashley reviewed costs related to projects and provided guidance to applicants to inform them of their options to collect information for cost-effective projects. FEDERAL DISASTER RECOVERY PROGRAMS, FEMA (2005 – 2015) As a FEMA core employee, Ashley held several key positions in support of FEMA disaster recovery programs: o In response to Hurricane Katrina (DR-1603), Ashley served as the HMGP Cost Benefit Specialist for the allocation totaling $390 million. o Ashley was the Lead HMGP Specialist in Baton Rouge, LA, as part of the “Strike Team” which made determinations on DR-1786 and DR-1792 (Hurricanes Gustav and Ike). ASHLEY HEBERT, EIT, CFM HAZARD MITIGATION SPECIALIST YEAR JOINED WITT O’BRIEN’S LLC 2018 YEARS OF EXPERIENCE WITH OTHER FIRMS 15 Years EDUCATION University of Louisiana at Lafayette B.S.- Mechanical Engineering LICENSES/CERTIFICATIONS/TRAINING ICS/NIMS 100.b, 200.b, 300, 700.a, 800.b Public Assistance Ops 1 & 2 Certified Grant Manager – Federal Track RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 26 Evan Rosenberg is a disaster recovery and legal expert with more than 10 years of experience in assisting state and local clients with federal disaster recovery programs. Evan has served on the US Virgin Islands Recovery team for Hurricanes Irma & Maria, providing expert assistance in FEMA Public Assistance (PA) and Individual Assistance (IA), as well as HUD’s Community Development Block Grant – Disaster Recovery (CDBG-DR). Prior to joining Witt O’Brien’s, he served as the Division lead for all Recovery Operations for the Florida Division of Emergency Management including four new Presidentially declared events, as well as for over 20 previously declared Presidential disasters during his term. DISASTER RECOVERY CONSULTING, US VIRGIN ISLANDS (2018 – PRESENT) Evan serves as part of the leadership team for the USVI recovery efforts after hurricanes Irma and Maria. He has served as a subject matter expert in FEMA IA and PA and HUD CDBG-DR. He also served as the Legal Services SME and Reports and Analytics Lead. AFFORDABLE HOUSING DIRECTOR, FLORIDA HOUSING FINANCE CORPORATION (2017 –2018) Prior to joining Witt O’Brien’s, Evan served as the Deputy Director of Multifamily Development for the Florida Housing Finance Corporation. He was the legal SME supporting the allocation of approximately $100 million annually in federal Low-Income Housing Credits and State loan/bond funds and assisted with the development and preservation of affordable housing within the State. He developed competitive proposals for fund allocation, as well as scoring schematics and assignments for such competitive housing allocations, both disaster and non-disaster. DISASTER RECOVERY, FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FLDEM) (2009 –2017) While employed by FLDEM in several high-level positions, Evan provided leadership and results for disaster recovery initiatives. He developed a change management process within the Bureau of Recovery to address adaptability of state transparency statues and DHS-OCFO funding determinations. He was responsible for responding to State and DHS-OIG audits of the Florida Recovery Program. Evan also provided oversight for the state Public Assistance teams that worked with FEMA to close out over 600 Projects Worksheets (PWs) on older events, totaling more than $50MM. He integrated the Recovery Support Functions (RSFs) into operational plans for both Emergency Operations Center (EOC) and Joint Field Office (JFO) Operations. He has stepped up as EOC/JFO Operations Chief for disaster events, including Tropical Storm Debby and Hurricane Isaac. Evan has managed staff across PA, IA, CDBG-DR, and Special Considerations units in response to ongoing disasters and to closeout previous disasters. Evan acted as the Stafford Act Appeals Officer for a short time during his tenure with FLDEM, writing approximately 300 appeals with an estimated recoupment of $20MM for the affected local governments and state agencies. EMERGENCY MANAGEMENT COURSES, AMERICAN PUBLIC UNIVERSITY SYSTEM (2012 – PRESENT) Evan teaches in the School of Homeland Security’s Emergency Management Program. His courses include Emergency Management Theory, Research Methods, Mitigation & Resilient Communities, Economics of Disaster, and Emergency Management Law. EVAN ROSENBERG SUBJECT MATTER EXPERT – APPEALS YEAR JOINED WITT O’BRIEN’S LLC 2018 YEARS OF EXPERIENCE WITH OTHER FIRMS 20 Years EDUCATION Florida State University Juris Doctor, Law M.S.- Urban and Regional Planning University of Maryland B.S.- Aerospace Engineering and Mathematics LICENSES/CERTIFICATIONS/TRAINING State of Florida Certified Contract Manager Florida Real Estate Sales License FEMA Advanced EM Academy FEMA L962 – All Hazard Plans Section Chief FEMA L958 – All Hazards Ops Section Chief FEMA Advanced Professional Series FEMA Professional Series ICS-100, 200, 700, 800 RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 27 e. Resume for Program Manager The resume for our program manager, with three professional references, is provided on the following page. Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 28 Curt Johnson has more than 7 years of disaster recovery experience and serves as a full-time Senior Debris Specialist and Emergency Response Coordinator with Witt O’Brien’s. In this role, he is responsible for debris monitoring and removal projects in response to major disasters. To date, Curt has overseen the removal, management, and reduction of over 8 million CY of debris. DEBRIS MONITORING, MOREHEAD CITY, NC (2020) Curt served as the Project Manager for a specialized debris removal operation in Morehead City, NC, as a result of Hurricane Florence. He managed the identification, removal, and disposal of hazardous limbs, hazardous trees, and hazardous stumps from 2 historical cemeteries. DEBRIS MONITORING, NEW HANOVER COUNTY, NC (2018 – 2019) Curt was the Project Manager for debris removal operations following Hurricane Florence, for which he managed the removal of over 1.4 million cubic yards of debris. DEBRIS MONITORING, USVI (2017 – 2018) Curt worked in the US Virgin Islands as the Debris Manager for St. Thomas island, and the Debris Subject Matter Expert (S.M.E.) for all of the Virgin Islands. He managed the removal of USVI WAPA (Water and Power Authority) debris generated by Hurricanes Irma & Maria. DEBRIS MONITORING, STATE OF FLORIDA (2017) Curt served as Project Manager for multiple cities and counties in Central Florida for the debris removal operations following Hurricane Irma. Those cities/counties included Gainesville, Alachua County, and the City of Edgewater, FL. Add DEBRIS MONITORING, STATE OF FLORIDA (2016) Curt served as Project Manager for the debris removal operations for Edgewater, FL and Ponce Inlet, FL following Hurricane Matthew. He managed the removal of 255,000+ CY of vegetative and C&D debris. DEBRIS MONITORING & CLEAN-UP, SANTA BARBARA , CA (2015) Curt was a Division Supervisor overseeing all oil cleanup efforts by contractors for the Plains All American Pipeline spill. DEBRIS MONITORING, NEW HANOVER COUNTY, NC (2014) Curt managed the debris removal effort in New Hanover County, NC in response to severe winter storms, overseeing debris removal operations of close to 100,000 CY of vegetative debris. DEBRIS MONITORING, BOROUGH OF UNION BEACH, NJ (2012 – 2013) Curt served as Assistant Project Manager in the overall debris monitoring operations for the Borough of Union Beach, New Jersey during Superstorm Sandy recovery efforts. DEBRIS MONITORING, ST. BERNARD PARISH, LA (2012) Curt served as Assistant Project Manager responsible for the debris monitoring operations for St. Bernard Parish, LA in the recovery from Hurricane Isaac. CURT JOHNSON PROGRAM MANAGER YEAR JOINED WITT O’BRIEN’S 2012 LICENSES/CERTIFICATIONS/TRAINING IS-100.c, IS-101.c, IS-102.c, IS-200.c, IS-230.d, IS-235.c, IS-632.a, IS-700.b, IS-800.c Certified Hazard Analysis and Critical Control Points (HACCP) Manager 2007 International Food Service Executives Association (IFSEA), Honolulu, HI Master Certified Food Executive (MCFE) Certified Professional Food Manager (CPFM) PREVIOUS PROFESSIONAL EXPERIENCE U.S. Environment Protection Agency (EPA US Coast Guard PROFESSIONAL REFERENCES Brenda DeWees, Director of Environmental Services, City of Edgewater, FL. Ph: 386-424-2400 x4007 Email: bdewees@cityofedgewater.org Kim Roane, Business Officer, New Hanover County, NC. Ph: 910-798-4402 Email: kroane@nhcgov.com Dave Mayes, Director of Public Services, City of Wilmington, NC. Ph: 910-341-5880 Email: dave.mayes@wilmingtonnc.gov RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 29 F: TECHNICAL APPROACH AND UNDERSTANDING a. Understanding of the Village’s Needs, Goals, and Objectives. Witt O’Brien’s brings unique depth and breadth of experience to each engagement we undertake. Over our decades of work, we have partnered with states, cities, and counties across the country, and this experience has informed our approach to disaster response and recovery so that we have a full, nuanced understanding of the primary goals of debris monitoring projects: 1. Remove debris safely, efficiently, and cost-effectively 2. Maximize FEMA reimbursement However, each project requires a slightly different approach and combination of expertise in order to achieve successful results. In particular, we have found that personnel with knowledge of the State’s emergency management policies, regulations, and requirements are helpful to project start-up and close-out phases. This knowledge also helps us to better understand the community, its challenges, and the residents. Therefore, for this bid we have proposed staff with diverse experience working with Florida cities, counties, and communities on disaster response and recovery contracts. A summary of a few key projects we have completed in Florida is included below. • For the Town of Southwest Ranches, we have provided planning and recovery support by engaging in annual preparedness meetings ahead of each storm season with both Town officials and outside response vendors. We have also worked with the Town to gather documentation to support its FEMA claims for debris operations, emergency measures, and repairs to the Town’s infrastructure for PWs in Categories A, B, C, E, and G, which totaled over $4 million in costs. • For the Town of Davie, we assisted with the preparation and submission of 24 FEMA PWs in Categories A-G after Hurricane Irma, which totaled over $10 million. • For the City of Fernandina Beach, we identified and prepared 19 projects from Hurricane Irma, which totaled $1.6 million. All projects were populated in FEMA’s Grants Portal, submitted to FEMA, and transferred to the Consolidated Resource Center (CRC) as of March 2018. • For the Bay Health Foundation in Panama City, we supported recovery after Hurricane Michael by documenting damages and preparing PWs for projects totaling over $124 million. • For the City of Orlando, we provided cost recovery services in 2004-2005 following Hurricanes Charley, Frances, and Jeanne. Original tasks included recovery grant management and FEMA PW preparation assistance. We were then asked by the City to support the FEMA appeals process related to any insurance de-obligations sustained during the FEMA Office of Inspector General’s (OIG) evaluation of Florida Applicants. Moreover, we provided additional expert support in the preparation of the City’s debris-hauling RFP and the resulting contract. We then provided grant management consulting services to assist in the City’s response to Hurricane Matthew in 2016. The City had one Category A and one Category B PW totaling approximately $650,000 in obligated funds. Our team is currently assisting with documentation collection and review in preparation to submit PWs to FEMA for damages resulting from Hurricane Irma in 2017. This involves supporting and enabling the City to navigate the new FEMA PA delivery model for PW preparation using the FEMA Grants Portal. Presently, Orlando is projected to have about 35 PWs in Categories A through G, which total $15 million in project value. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 30 b. Proposed Approach to Responding to an Incident. b.1. Start-up Procedures. Witt O’Brien’s has a robust internal ability to mobilize with 24 hours from our local Fort Lauderdale office. In addition to the staff we have identified in our proposal, our firm maintains a bench of on-call personnel with the needed skills to support the Village. We have 115 on-call employees who are trained in debris monitoring operations and ready to be deployed. We also have an additional 1,000 previously-trained debris monitors who are eligible and available for re-hire in the event of a large-scale disaster or event. We are ready to support the Village beginning on Day 1. Furthermore, we have developed tools and procedures, as depicted below, that enable us to rapidly mobilize and deploy staff to areas in need. Mobilization, Activation, and Deployment Tools Activation & Mobilization Planning We customize our project management plans (PMPs) and assign regional managers based on weather and recovery forecasting models run for each client and their location. Employee Cross-Training We continuously engage staff in an aggressive internal general training program and ensure that our personnel are trained across multiple disciplines of emergency management and recovery. Contract Employees We hire, screen, train, and deploy on-call employees. Proven managers, monitors, field supervisors, and data analysts from past projects are often retained as contracted or part-time staff. Full-Time Staff We retain a full-time staff of permanent, trained, and experienced recovery, grant management, and hazard mitigation personnel, supplemented by seasonal, part-time, and contract hires. Hiring & Training Programs Screening, hiring, and training processes allow us to efficiently deploy, manage, and train large numbers of personnel to multiple active locations. Off-site managerial resources also ensure that project teams have the support they need, and they can quickly process new hires. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 31 Pre-Event Recruiting Prior to the start of hurricane season, we begin advertising for stand-by debris monitors and supervisors and maintain lists of potential employees for our call-down roster by location. Forecasting In advance of an event, we run forecasting models to design an effective staffing and mobilization plan around the “worst case scenario.” Then, using daily coordination and management tools, we maintain daily communication with on-the-ground managers to ensure they have the resources they need. Witt O’Brien’s will add staff, as needed, to supplement and provide detailed oversight of debris monitoring, PW development, and the collection of appropriate supporting documentation. Our organization will scale based on assessed need to will meet the Village’s performance expectations. We also have established agreements with local staffing agencies to address peak surge requirements. b.2. Selection of Temporary Debris Staging and Reduction Sites (TDSRS). As needed, Witt O’Brien’s can assist with pre-event selection of TDSRS suitable to handle the quantities and types of debris forecasted, and can advise and assist the Village with the acquisition of all necessary environmental and other permits. An important component of reviewing sites and consulting on site selection criteria is ensuring that sites can be properly secured in order to limit access. As part of our process for selecting potential sites, we take photographs, inspect potential properties, and produce a summary report with recommendations. Site security measures such as fencing, cameras, and locked access gates can also be implemented after the site selection process. We are also experienced in establishing ingress and egress routes (and find this to be a helpful step in increasing site efficiency), and we have assisted in the management of reduction schedules to reduce the risk of (1) vegetation catching fire, or (2) debris piles growing too high. b.3. Damage Assessment. As part of our planning and scheduling process, Witt O’Brien’s monitoring team will generate a list of major damage areas. They will then tour these areas with any appointed Village officials and hauling contractor(s) to visually inspect the damages. As requested by the Village, we can provide support and guidance in the assessment of damages to public infrastructure components, transportation systems, and facilities, and assist in the preparation of comprehensive scopes of work and cost estimates for either repair or replacement of the damaged elements. We will also ensure that inspected damages are accurately documented, as this is one of the most important activities in disaster recovery. Damage assessments must include specific details such as insurance information, location, cost estimates, category of damage, and community impact. If damages are assessed incorrectly, the Village is less likely to receive the disaster assistance for which it is eligible. We have extensive experience working within FEMA Region IV and will foster an open dialogue between FEMA, the state of Florida, and Village of Key Biscayne, ensuring that accurate, thorough, and detailed inspections and damage documentation are at the forefront of the operation. We can also leverage our FEMA Public Assistance (PA) program knowledge to train and prepare Village staff before applying for disaster aid to ensure they are adequately prepared to make their best case for eligible assistance. As part of the damage assessment process, we use powerful software solutions from FEMA and the USACE to help estimate debris volume and resource needs. Analyses can be run in real time to support faster response and recovery, providing the Village with timely, sound information and promoting informed decision-making. These programs use mathematical models for estimating potential damages and losses due to floods, earthquakes, and hurricanes based on RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 32 historical information on debris quantities generated by similar disaster events; GIS data on topography, land use, and development; and information about the disaster (e.g., extent of damage, hurricane category, etc.). This information is combined to generate debris quantity estimates that help our team predict and forecast resource requirements. We typically combine results from HAZUS-MH (designed and developed by FEMA to estimate building and infrastructure loss) and the USACE Estimation Model, which takes into account the number of households, commercial density, landscape, storms, and weather. When analyses are completed, we will provide a Preliminary Damage Assessment Report. It provides you with an estimate of the amount of debris and removal costs. The report will also identify any dangerous debris that requires immediate removal. Once debris removal has begun, we supplement this initial estimate by using additional, on-the- ground methods of estimation, such as taking photographs of loads, using measuring tapes, and recording GPS coordinates. b.4. Hiring and Training Staff. We believe that our responsibility to our disaster-affected clients goes beyond project management. We understand that disasters impose economic hardships on communities. Therefore, in addition to our regular and on-call employees, we are committed to hiring additional local personnel on our projects as needed, to both minimize travel expenses and to extend employment opportunities. Staff undergo rigorous training through an interactive, cloud-based training module. Training. When potential disasters loom, our goal is to staff projects quickly and efficiently with qualified individuals. Our management will activate Witt O’Brien’s standard procedures for broadcasting job announcements in a storm’s path. We are also committed to hiring local individuals and frequently consult with our clients to determine if any recently retired or laid-off government employees – from the Solid Waste, Public Works, Parks and Recreation, Police or Fire Departments – might be available to assist with the recovery effort. In addition to our own Human Resources department, we work with multiple staffing vendors across the country who provide recruiting services and employee onboarding. Once personnel are hired, we work with them to ensure content knowledge and understanding before assigning them to field operations. In addition, we believe that an important part of managing and deploying field staff is ensuring that all staff are properly trained. All new debris monitors under an intensive training and orientation session as well as hands-on field training conducted by a field supervisor or supervisor monitor. The course is designed to emphasize safety considerations, FEMA eligibility guidelines, job duties and responsibilities, load ticket management, and standard procedures for debris monitoring. New monitors are also trained in the use of handheld automated ticketing units (tablets) and are supplied with reference materials and maps of their work zones. Our modular training sessions teach new staff their tasks, eligibility requirements, and proper documentation techniques, and then tests them on their knowledge comprehension and retention. Each module ends with a test that must be passed before moving on to the next training level. Training can be completed at any time, allowing monitors to fulfill multiple roles when needed. Once trained, monitors are then closely supervised on the job, debriefed at the beginning and end of each day, and held to our high standards of performance and conduct. Witt O’Brien’s will deploy experienced and trained field supervisors to oversee monitoring activities and implement a quality assurance program at debris sites at a ratio of 1:7. We follow the National Incident Management System (NIMS) Incident Command System (ICS) guidance, which advises that people in leadership positions maintain a “manageable span of control” regarding the number of direct reports. Reports RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 33 generated by field staff (and reviewed by the operations manager), and field observations made by our management staff will be used to provide feedback regarding operational efficiencies and suggested paths forward by our PM. We carefully screen our monitoring staff with background checks and drug tests. Witt O’Brien’s also regularly uses E- Verify to screen potential employees and we impose a strict “zero tolerance” policy for drug usage, safety violations, foul language, or disrespectful behavior that may reflect negatively on our client or our firm. Any field staff can be dismissed from the project at any time for violating these policies. It is the responsibility of the Operations Manager, in consultation with the PM, to generate staffing reports and daily schedules for supervisors and field monitors. Monitors report directly to field supervisors, who work closely with the Operations Manager to ensure smooth operations across multiple debris management sites. We discuss our approach to monitoring and managing debris removal operations under Section F.d. b.5. Prepare Status and Final Reports. In our experience, debris removal operations proceed most smoothly when there are open and transparent communications between the DRC, the monitor, and the client. Therefore, we will attend all meetings and briefings as designated by the Village. During active debris removal operations, the PM will plan to conduct and/or attend daily meetings with the Village Debris Manager, contractors, and operational staff to coordinate scheduling, confirm progress, resolve any ongoing issues, discuss any potential risks or issues that may affect work, and make any required adjustments. During these daily meetings, we will provide verbal status updates to the Village Debris Manager. We can provide additional written status and operational reports, if requested by the Village, on an interim basis—after first push, second push, etc. We will also supply a final report following completion of the disaster response efforts. b.6. Track Activities and Stay on Schedule. In our experience, debris removal operations proceed most smoothly when there are open and transparent communications between the debris management contractors, the monitoring firm, and the client. We have provided a sample schedule that depicts a typical work breakdown schedule for most of the debris monitoring projects we undertake. Work Breakdown Schedule for Typical Debris Monitoring Project Milestones Tasks Timeline Facilitate Planning, Training, and Administrative Support Meet with Village staff to review/revise debris management plan, requirements, and strategies to achieve compliance. Assign a dedicated, qualified debris expert to help with the following tasks: • Ensure readiness by obtaining and reviewing critical documents (e.g. hauler contracts). • Identify debris management site(s) (DMS). • Ensure that proper documentation is in place. • Train staff (upon request/as needed). • Provide State / FEMA claims support and interpret project data during the reimbursement process. Year-round Coordinate Project Start-Up • Collaborate with hauling contractors, FEMA, and State. • Develop an Incident Action Plan. From an NTP Assess and Estimate Debris Quantities • Coordinate with the Village and the hauling contractor to tour affected areas, document damages, estimate debris quantities and removal costs, and identify hazardous or dangerous debris for immediate removal. 8 – 48 hours post-impact RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 34 Milestones Tasks Timeline Facilitate Health and Safety of Residents and Contractors • Initiate a Health and Safety Awareness and Compliance Program. • Ensure monitoring personnel are equipped with proper personal protection equipment and operating safely. Within 48 hours (and continued as needed) Measure and Certify Hauling Vehicles • Measure capacity, mark, certify, log, and photograph collection vehicles. • Periodically audit measurements for assurance against placard tampering. Within 48 hours (and continued as needed) Hire and Train Monitors • Recruit, screen, hire, and train local area residents for monitoring duties. Within 48 hours (and continued as needed) Manage Data, Records and Reporting • Collect and manage data and daily reporting; manage records (e.g. collection, scanning, storage). Within 48 hours (and continued as needed) Establish DMS / TDMS Site(s) • Inspect locations, documenting conditions and a safety report. • Secure regulatory permits and coordinate set-up with contractors. • Staff each DMS with experienced staff for assessing load volumes, inspecting debris, and ensuring debris types are kept separate (for proper quantification throughout all phases of the project). 48 – 72 hours Conduct Clearance Monitoring • Prioritize roads, facilities, and areas for initial debris clearance • Document labor and materials, and force account expenses • Track and maintain Federal Aid System roads’ costs separately (for FHWA ER program). Within 72 hours of initiation Dispatch Load Site Monitors • Pair monitors with hauling crews and dispatch to debris collection locations. 48 – 72 hours Deploy Field Supervisors • Deploy experienced field supervisors to oversee monitoring activities and ensure quality services (at a ratio of 1:7). 48 – 72 hours Coordinate Special Debris Load Site Monitors • Deploy roving monitors to locate, document, and map special debris (i.e., hazardous, stumps, leaning trees, white goods, etc.); report on ineligible debris and contractor-caused damages. 48 – 72 hours Reconcile Hauler Invoices • Review and reconcile hauler invoices against our independently-maintained database for accuracy. • Provide written discrepancy reports and payment approvals to the Village. Within 72 hours of receiving invoices RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 35 Milestones Tasks Timeline Coordinate Final Pass • Ensure the complete debris removal and documentation and minimize hauling costs. • Publish last pass schedules. • Deploy monitors to confirm clearance of all roadways and map any remnants. • Create a web-based digital map (ArcGIS) depicting remaining debris locations, along with ineligible debris left in the area (upon request). • Provide written confirmation of debris removal completion. Final weeks of debris collection operations Close Out DMS • Document and confirm removal of all debris, equipment, and materials. • Document site restoration labor and expenses. • Confirm compliance with environmental regulations. Following haul-out After-Action Report • Prepare a report detailing project specifics, highlights, data, lessons learned and recommendations for next event. • Provide digital and hard copy of all project records. Within 30 days of completion The services described below can be implemented within the project plan as needed or upon request by the Village. Facilitate Quality Assurance Program • Implement a QA program to ensure contract compliance and maintain performance standards and goals. Upon request Facilitate Mulch and Processed Debris Haul- out Monitoring • Monitor and document the haul-out of processed debris from DMS. • Confirm final disposition of debris and the associated records. Upon request Facilitate FHWA Emergency Relief Program Monitoring • Monitor FWHA-eligible debris removal. Upon request Conduct Monitoring for Special Debris Programs • Deploy specially-trained and equipped monitors to document (with photos and GPS) the proper removal of special debris types (i.e., stumps, hanging limbs, leaning trees, hazardous waste, white goods, etc.) Upon request Support Public Information Efforts • Provide pamphlets, example service announcements, and instruction, etc. for your residents Upon request 24/7 Debris Hotline • Establish and manage a 24/7 hotline to answer your resident’s questions, disseminate information about Upon request RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 36 Milestones Tasks Timeline removal program requirements, timelines and field complaints. Please note: The schedule set forth in this proposal is subject to change in cases of conditions outside Witt O’Brien’s’ control, such as, but not limited to, the availability of hauling assets, evacuation orders, persistent extreme weather conditions, flooding, limited community access/entry, and unsafe entry conditions. c. Analysis of Debris Recovery Operations. Witt O’Brien’s is committed to customer service and project success. At the core of our project management approach is a proven system for ensuring that our staff are performing at optimal levels and meeting our high standards. The accurate completion of load tickets is perhaps the most important element of our quality control program. Field monitors will be dispatched to specific areas or zones. They will be responsible for the documentation (via load ticket, photographs, GPS coordinates, or other data or sources of information) of debris eligibility and debris amounts via distribution of load tickets; any damage caused by the contractors during debris removal; incidents involving monitors, DRC staff, or residents; and any operational issues that may cause a reduction in performance or an increase in recovery costs. To provide the Village with recommendations to improve efficiency, we will regularly analyze collection quantity data against project goals to determine where additional removal equipment may be required to meet deadlines or how additional TDSRS might improve output. When removal operation forecasting shows that completion will take longer than established deadlines, we will evaluate the available equipment and personnel onsite to determine how to best increase the daily collection rate and turnaround times. Efficiency procedures often include increasing equipment numbers, adding additional debris site locations, and establishing new removal route schedules around traffic patterns. d. Management of Debris Management Contractors. d.1. Monitor Contractor Operations. As experts in debris monitoring and managements, our team has a comprehensive understanding of the required qualities and qualifications for debris removal contractors. Witt O’Brien’s will monitor all debris contractors and their operations. As our supervisory personnel (both field monitors and supervisors) provide oversight for debris removal crews, their first priority will be to ensure that the contractors follow all FEMA procedures and guidelines. To carry out quality assurance/quality control (QA/QC) in the field, monitors will create load tickets and supervisors will spot-check monitors’ work and debrief them at the end of each day. Tower monitors will also serve as part of the process of ensuring ticket completeness by reviewing load tickets for accuracy at inspection towers. In addition, data entry staff will perform ongoing reviews to identify load ticket errors or omissions in order to report them to field supervisors in real time to allow for corrective action. Finally, we will deploy trained roving monitors to assist in the identification and documentation of ineligible debris, consult with FEMA debris specialists about eligibility issues, assist with mapping of debris clearance progress, and inspect debris zones for “hot spots” and zone closure status. If Witt O’Brien’s personnel detect negligence or non-compliance with FEMA regulations, Village staff will be notified immediately. The discretion will be logged and a stop work order will be issued. The contractor staff present, as well as their supervisors, will be informed of the non-compliance and instructed on how to correct the error. We make every effort to resume operations as soon as it is possible to do so safely. To prevent negligence or non-compliance from occurring in the first place, our team will use our proprietary electronic debris management system, DebrisPro™. Data is captured on each debris load and the real-time data entry feature of DebrisPro™ allows us to ensure all clearance and removal work is tracked. or non-monitored work. (DebrisPro™ is discussed in more detail in Task f). RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 37 As part of our monitoring duties, we believe that one of our primary responsibilities is to remain vigilant for ways to avoid accidents and provide a safe working environment. Our company takes safety seriously and works with clients and removal contractors on ways to ensure that all debris removal and monitoring operations are conducted in the safest manner possible. Upon the Village’s request and with your approval, we will deploy a field supervisor dedicated to ensuring the safety of monitoring operations in the field. Furthermore, we follow strict safety procedures, perform safety analyses, and follow all guidelines for safety training. Our safety measures include the following activities: • Participate in a daily safety meeting • Wear the appropriate safety equipment • Remain at a safe distance from loading, hauling, and cutting equipment • Inspect all loaded vehicles before they leave debris management sites • Ensure that debris is properly and safely loaded • Establish safe ingress and egress routes for proper control of traffic flow Supervisors will run a stop work procedure and half operations promptly if they see unsafe conditions, or in the case of a safety incident. Following the shutdown, they will contact a supervisor and maintain the shutdown until the issue is resolved. d.2. Ensure Debris Eligibility. Witt O’Brien’s recognizes that confirming debris eligibility is a key component of monitoring contractors’ work. We will deploy experienced and trained field supervisors to oversee monitoring activities and implement a quality assurance program at debris sites. Field monitors will be deployed to specific areas or zones, where they will be responsible for the documentation (via load tickets, photographs, and GPS coordinates or other data) of debris eligibility and debris amounts; any damages caused by contractors during debris removal; incidents involving monitors, crews, or residents; and any operational issues that may cause a reduction in performance or an increase in recovery costs (e.g., contractors skipping piles, delay of start times, excessive or unscheduled breaks, etc.) Our monitors and supervisors will confirm that all eligible debris is disposed of in a manner and at a site that conforms to federal, state, and Village regulatory guidelines; inspecting loads of debris entering or leaving the site; issuing load tickets to each truck; and maintaining logs of ticket numbers and volumes. In the event that the final disposal site is a location other than the established landfill, we confirm all required documentation and environmental permits are in place and all authorizations are secured. Following the conclusion of the project, we will provide all documentation of debris clearance, removal, management, reduction, disposal, and monitoring costs sufficient to fully and accurately support federal grant program claims. d.3. Classify and Separate Debris. As part of our debris services, all debris will be classified by the field monitor upon collection based on FEMA protocols and the contractor line items. Debris types will not typically be comingled, however, upon delivery to the debris site, the debris type will be verified by the tower monitor. Only debris that is permitted for the site will enter. If multiple debris types are permitted for the site, then we will establish separated areas for different debris classifications. Contractors will be instructed on where to empty based on debris classification (e.g., vegetative, white goods, C&D, etc.) To prevent hazardous waste from mixing with other debris loads, field monitors are trained to identify all types of debris. We also typically assign field monitors to specific debris removal tasks, so they can ensure that the debris they are assigned to monitor is the only type of debris being loaded/emptied by the removal crews. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 38 d.4. Maintain Records and Provide Required Documentation. Witt O’Brien’s recognizes the importance of documenting all project costs, including debris clearance, removal, management, monitoring, reduction, and disposal. We will provide all documentation in order to fully and accurately support federal grant program claims. We have a proven track record of providing appropriate documentation, particularly load tickets and cost information, that can withstand scrutiny during the project preparation, inspection, close-out, and audit processes. We will assist the Village in completing PWs and completing any other relevant reports required for reimbursement by FEMA, FDEM, and all other agencies for disaster recovery efforts. Our staff has prepared hundreds of FEMA claims with the goal of maximizing reimbursements to disaster-affected communities. In addition, the real-time data entry feature of DebrisPro™ allows us to ensure that the contractors cannot invoice for ineligible or non- monitored work. As part of recording and tracking the debris monitoring process, we document (through digital photographs, GPS coordinates, logs, and reports), the locations and eligibility of storm debris and all loads brought into or exiting the site. We will measure, mark, certify, and log debris loads. This work will be audited and spot- checked by field monitors and checked again by field supervisors and data entry personnel. We are also able to photograph debris piles as they are removed in the field, and most often do so for vegetative debris and C&D debris. d.5. Certify Contractor Vehicles. Our dedication to safe debris removal practices includes the inspection of all trucks before leaving loading sites to ensure that debris is properly loaded and is not protruding or hanging out of the truck in a dangerous manner. We also provide FEMA-compliant truck placards and certification forms. Original forms, signed by an appointed truck certification monitor, with photographs of each truck showings its placard, will be provided to the Village along with electronic copies. Roving monitors will be assigned to periodically spot check and re-certify trucks during the debris management process to deter and detect any fraudulent alteration of truck capacities or placards. In addition, this information is easily searchable and can be accessed or verified through our electronic debris management system, DebrisPro™. Our vehicle certification program allows us to add vehicle and driver information, volume capacity of hauling units, and required photographs into DebrisProTM. Once entered, the certification information is displayed for review on each ticket created with the vehicle’s placard number. This allows both load site and tower monitors to verify the data is accurate and no tampering of the vehicle or placard has occurred. Any vehicle can be re-certified at any time, either as part of a routine anti-tampering program or when a monitor suspects tampering has occurred. When vehicles are re-certified, the data change will be notated and a record created in the database for audit purposes. Completed certifications will be signed off on by the certifying manager, prime contractor, and subcontractor (if applicable). Copies will be provided for all parties as well as an original paper certification form provided to the Village. d.6. Utilize Electronic Ticketing System. Witt O’Brien’s uses our own proprietary, electronic debris management system, DebrisPro™, to generate real-time reports on any set of metrics for a debris project. DebrisPro™ is a secure, multi-device supported, web-enabled system that has been used successfully by our firm for over a decade. The system collects data in the field using smartphones and tablet devices, capturing data on each debris load. DebrisPro™ also allows for automatic integration of GPS/GIS RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 39 data, and produces only a simple bar-coded ticket for the truck driver to take to the inspection tower where a final receipt is printed. This management system was designed to meet standards set by the USACE. To ensure data security, data is stored on multiple redundant servers. Additional information is provided in Task f. d.7. Develop Daily Operational Reports. As an important part of monitoring daily operations, Witt O’Brien’s will provide daily status reports during disaster operations. Daily reports provided to the Village will contain the following updates for briefing meetings: • Daily and running summaries of the quantities and types of debris collected • Operation times of all debris loading trucks and debris management sites • The number of trucks operating daily • The number of Witt O’Brien’s debris monitors working daily • Progress by area or zone and estimates of remaining debris • Maps of all streets and other locations where debris was collected during the day (provided electronically via GIS Map (ESRI ArcGIS) • Amounts of reduced debris removed from temporary sites and hauled to final disposal (by cubic yard) • Reviews of the work performed by contractors At the close of each day of operations, Witt O’Brien’s field monitors and supervisors will ensure that all sites are closed and secured. When sites have been closed, our team will begin analysis of the day’s data in order to provide a daily status report. Data in these reports will include: any safety incidents, daily and running summaries of the quantities and types of debris collected at each site, operation times of all debris loading trucks, the number of trucks operating daily, the number of debris field and roving monitors working, progress by area or zone and estimates of remaining debris, and amounts of reduced debris removed from temporary sites and hauled to final disposal sites. Assigned personnel will review operations daily in support of the Village on overall activities for their assigned area for documentation of debris eligibility and contract compliance. e. Billing/Invoice Reporting Procedures. Witt O’Brien’s recognizes the importance of documenting all project costs, including debris clearance, removal, management, monitoring, reduction, and disposal. We will provide all documentation in order to fully and accurately support federal grant program claims. We have a proven track record of providing appropriate documentation, particularly load tickets and cost information, that can withstand scrutiny during the project preparation, inspection, close-out, and audit processes. The real-time data entry feature of DebrisPro™ allows us to ensure that debris management contractors cannot invoice for ineligible or non-monitored work. The Village will have full access to all data in the system, while the contractors’ accounting and management teams will have read-only access. When a contractor submits an invoice for payment, we will first review that invoice and import its data into DebrisProTM, which will reconcile the invoice against our independently-collected and verified data from the field. Invoice tickets are then reviewed by our Data Manager. Only when the invoice matches our data will we issue a Letter of Recommendation for Payment, assuring the Village that the contractor’s data matches ours, there are no duplicate entries, and the invoice operational period is accurate before payment is made. In the case of any issues, we will coordinate with the contractor. During the reconciliation process, we will provide the Village with discrepancy reports and payment approval letters. Each letter outlines the outstanding fees, provides a target payment date, explains all adjustments and corrections, and includes a complete summary of our records to support the invoiced amounts. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 40 f. ADMS Program. Our ADMS, DebrisPro™, works proactively to prevent negligence or non-compliance. The system includes tools that facilitate the management of the debris removal mission, such as the abilility to graphically report data; provide operational insight through GIS technology; reduce, mitigate, and discourage fraudulent activity; and track and reconcile contractor invoices.Data is captured on every debris load via a company-issued tablet and each truck driver is given a load ticket to validate where material originated, its estimated quantity, and other key data. Once at the debris management site, the tower monitor will scan the load ticket to complete the drop information and verify that the load information entered in the field is accurate. Once complete, the tower monitor will print a copy for the driver’s records and synchronize the data to our server. If a signal is not available, the data remains stored locally on the device until a signal can be re- established for synchronizing. Ticket numbers are “tagged,” allowing the data manager to track tickets back to a specific device. Even if a username and/or password is compromised, the system will flag unauthorized tickets due to unusual activity. User credentials are tied to a user role (e.g., load site monitor, drop site monitor, tree work monitor, etc.) and only authorized activity will be available to the user. When creating a ticket in the field, a load site monitor must log into DebrisProTM using their unique credentials. When beginning a load ticket, our system allows them to scan a barcode on the vehicle’s placard to capture the vehicle’s unique placard number. Date and time stamps are collected automatically when a ticket is started. The monitor can select the appropriate debris type being collected and tap the GPS locator to collect the current GPS coordinates. Our system has a mechanism for denoting if collection is for first pass or a subsequent pass, and it can distinguish between Federal-Aid roads and Non-Federal Aid roads. When needed, DebrisProTM can also collect photographs and tag them to load tickets. When the hauling unit is fully loaded, the ticket will be saved locally on the tablet device and a ticket printed for the driver via a durable Bluetooth printer. Below is a list of the kinds of information we typically track for load tickets through DebrisPro™: • Prime contractor name • Contract/disaster number • Load ticket number • Subcontractor name (if applicable) • Truck driver name • Date & time of pick-up • Date & time of delivery • Pick-up location • Loading zone number • Debris clearing cycle (push, first pass, second pass, third pass, etc.) • Truck ID number & capacity • Total cubic yards picked up • Debris classification (vegetative, white goods, C&D, mulch, stump, household hazardous waste, etc.) • Delivery site RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 41 • Load monitor printed name & signature • Dump monitor printed name & signature • GPS coordinates Witt O’Brien’s fully recognizes the importance of documenting all project costs, including debris clearance, removal, management, monitoring, reduction, and disposal. We will provide all documentation in order to fully and accurately support federal grant program claims. On the following pages, we have provided two sample reports generated through DebrisPro™. Remainder of this page intentionally left blank. MONITOR DAILY REPORT 1. Disaster/Project: 2. Operational Period Start Time: End Time: Date: 3. Name:4. Position:5. Supervisor: 6. Assignment: Truck Zone Category 7. Activity Log: Time Daily Activities: 8. End of Day Monitor Signature: Ticket Total: Supervisor Signature: Page Total: Of Pro p r i e t a r y Date 1/21/2020 Day of Operation 7 Operational Period 1 0 1 0 1 0 0 0 0 0 3 0 0600-1900 hoursSITUATION REPORT Morehead City, NC DEBRIS MONITOR PROJECT DR-4393 North Carolina Project Manager Curt Johnson 207 263 4454 DEBRIS OPERATIONS SUMMARY: TOTAL/OPS PERIOD TOTAL TO DATE Hazardous Stumps less than 24"0 0AOR SUMMARY Hazardous Stumps 36" to 48" Operations/Data Manager Victoria Kelley 601 508 6820 Hazardous Stumps 24" to 36"0 1 0 0 Hazardous Trees (leaners) 12" to 24"2 4 Hazardous Stumps greater than 48"0 0 Hazardous Trees (leaners) 6" to 12"0 0 AOR OBJECTIVES FOR NEXT OPERATIONAL PERIOD Field Supervisors Field Monitors GIS Analyst SAFETY DMS Supervisors Field Coordinator Project Coordinator PERSONNEL Project Manager DMS Monitors Operations Manager Billing/ Invoice Analyst Data Entry ClerksData Manager 31 79Veg (CY) 7Hazardous Trees (leaners) 24" to 36"0 0 0 5 Hazardous Trees (leaners) 36" to 48"0 0 Hazardous Trees (leaners) greater than 48" Hazardous Limbs (hangers) 0 •Safety review and heat stress awareness briefing during morning safety meeting. •Morning Safety Brief •Nothing further to report •1 bucket truck ran today •1 mini excavator ran today •1 stump haul truck ran today •1 haul trucks ran today •1 haul trailer ran today •We certified a haul trailer today (the contractor intends to use this rather than bring in a knuckle boom). •The contractor worked in Bayview West today removing 2 hazardous trees. •*ALL HAZARDS HAVE NOW BEEN REMOVED FROM BAYVIEW WEST* •They took 1 load of logs/trunks to the N. 25th site today. They also took 3 loads of veg to the Miller DMS - 1 from Bayview West & 2 from the N. 25th site. •They intend to remove the final hazardous tree from Bayview East tomorrow, which will only leave the stumps to be ground - 4 residual and 1 hazardous in Bayview East & 1 hazardous in Greenwood. •The contractor advised that the stump grinder will be here tomorrow, Wednesday. •***The contractor is anticipating completing all work associated with the approved hazards list NLT Friday, and as early as Thursday.***Pro p r i e t a r y Type 1/15/2020 1/16/2020 1/17/2020 1/18/2020 1/19/2020 1/20/2020 1/21/2020 Project Total Debris Type 1/15/2020 1/16/2020 1/17/2020 1/18/2020 1/19/2020 1/20/2020 1/21/2020 Project Total Hazardous Stumps less than 24"- - - - - - - - Hazardous Stumps less than 24"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Stumps 24" to 36"- 1 - - - - - 1 Hazardous Stumps 24" to 36"$0.00 $425.00 $0.00 $0.00 $0.00 $0.00 $0.00 $425.00 Hazardous Stumps 36" to 48"- - - - - - - - Hazardous Stumps 36" to 48"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Stumps greater than 48"- - - - - - - - Hazardous Stumps greater than 48"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Trees (leaners) 6" to 12"- - - - - - - - Hazardous Trees (leaners) 6" to 12"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Trees (leaners) 12" to 24"2 - - - - - 2 4 Hazardous Trees (leaners) 12" to 24"$1,450.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,450.00 $2,900.00 Hazardous Trees (leaners) 24" to 36"1 4 2 - - - - 7 Hazardous Trees (leaners) 24" to 36"$1,595.00 $6,380.00 $3,190.00 $0.00 $0.00 $0.00 $0.00 $11,165.00 Hazardous Trees (leaners) 36" to 48"- - - - - - - - Hazardous Trees (leaners) 36" to 48"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Trees (leaners) greater than 48"- - - - - - - - Hazardous Trees (leaners) greater than 48"$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hazardous Limbs (hangers)- 4 - - - 1 - 5 Hazardous Limbs (hangers)$0.00 $500.00 $0.00 $0.00 $0.00 $125.00 $0.00 $625.00 Veg (CY)- 12 12 - 12 12 31 Veg (CY)$0.00 $106.51 $107.40 $0.00 $107.40 $107.40 $277.45 $706.16 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Grand Totals $3,045.00 $7,411.51 $3,297.40 $0.00 $107.40 $232.40 $1,727.45 $15,821.16 Morehead City, NC Hauling Cost Analysis Total Hauling Cost $15,821.16 Recovered Quantity Totals Hauling Cost 0%3%0%0%0% 18% 71% 0%0% 4% 4%Overall Project Cost Totals Hazardous Stumps less than 24"Hazardous Stumps 24" to 36"Hazardous Stumps 36" to 48" Hazardous Stumps greater than 48"Hazardous Trees (leaners) 6" to 12"Hazardous Trees (leaners) 12" to 24" Hazardous Trees (leaners) 24" to 36"Hazardous Trees (leaners) 36" to 48"Hazardous Trees (leaners) greater than 48" Hazardous Limbs (hangers)Veg (CY) - 10 20 30 40 1/15/2020 1/16/2020 1/17/2020 1/18/2020 1/19/2020 1/20/2020 1/21/2020 Weekly Quantity Comparison Hazardous Stumps less than 24"Hazardous Stumps 24" to 36"Hazardous Stumps 36" to 48" Hazardous Stumps greater than 48"Hazardous Trees (leaners) 6" to 12"Hazardous Trees (leaners) 12" to 24" Hazardous Trees (leaners) 24" to 36"Hazardous Trees (leaners) 36" to 48"Hazardous Trees (leaners) greater than 48" $0.00 $2,000.00 $4,000.00 $6,000.00 $8,000.00 1/15/2020 1/16/2020 1/17/2020 1/18/2020 1/19/2020 1/20/2020 1/21/2020 Weekly Cost Comparison Hazardous Stumps less than 24"Hazardous Stumps 24" to 36"Hazardous Stumps 36" to 48" Hazardous Stumps greater than 48"Hazardous Trees (leaners) 6" to 12"Hazardous Trees (leaners) 12" to 24" Hazardous Trees (leaners) 24" to 36"Hazardous Trees (leaners) 36" to 48"Hazardous Trees (leaners) greater than 48" Hazardous Limbs (hangers)#REF!Veg (CY) Project Total Hazardous Stumps less than 24"Hazardous Stumps 24" to 36"Hazardous Stumps 36" to 48" Hazardous Stumps greater than 48"Hazardous Trees (leaners) 6" to 12"Hazardous Trees (leaners) 12" to 24" Hazardous Trees (leaners) 24" to 36"Hazardous Trees (leaners) 36" to 48"Hazardous Trees (leaners) greater than 48" Hazardous Limbs (hangers)Veg (CY) Pro p r i e t a r y Contractor Hauling Estimate Date 1/15/2020 1/16/2020 1/17/2020 1/18/2020 Hazardous Stumps less than 24"- - - - Hazardous Stumps 24" to 36"- 1.00 - - Hazardous Stumps 36" to 48"- - - - Hazardous Stumps greater than 48"- - - - Hazardous Trees (leaners) 6" to 12"- - - - Hazardous Trees (leaners) 12" to 24"2.00 - - - Hazardous Trees (leaners) 24" to 36"1.00 4.00 2.00 - Hazardous Trees (leaners) 36" to 48"- - - - Hazardous Trees (leaners) greater than 48"- - - - Hazardous Limbs (hangers)- 4.00 - - Veg (CY)- 11.90 12.00 - Cu s t o m T r e e C a r e Pro p r i e t a r y 1/19/2020 1/20/2020 1/21/2020 1/22/2020 1/23/2020 1/24/2020 1/25/2020 1/26/2020 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1.00 - - - - - - 12.00 12.00 31.00 - - - - - Pro p r i e t a r y 1/27/2020 1/28/2020 1/29/2020 1/30/2020 1/31/2020 Total Units Total Cost - - - - - - -$ - - - - - 1.00 425.00$ - - - - - - -$ - - - - - - -$ - - - - - - -$ - - - - - 4.00 2,900.00$ - - - - - 7.00 11,165.00$ - - - - - - -$ - - - - - - -$ - - - - - 5.00 - - - - - 78.90 625.00$ 15,115.00$ Pro p r i e t a r y RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 42 g. Other Software Options. Witt O’Brien’s is highly proficient in the automated tracking, documentation, and recording of all project work and costs, including load tickets. Regardless of the software option preferred by the Village, we understand that the following capabilities are important to debris monitoring tasks to secure the safety of all load ticket and documentation data: • Means to create encryption-provided electronic media with unique user IDs, digital photographs, user roles, and other identifying data • Electronic registration of ticket/tower monitor • Linkages of designated ticket/tower personnel roles to a specific task or mission • Ability to edit ticket/tower monitors (i.e., create, update, delete) • Storage for personnel contact information • Tracking and managing ticket/tower personnel roles and status • Assigning and tracking equipment assigned to users • Rejecting invalid ticket/tower personnel credentials • Rejecting invalid certification credentials Witt O’Brien’s will provide authorized Village personnel with credentials for accessing our securely hosted servers via a web portal where all documentation and data can be viewed and downloaded. Additionally, upon completion of the project, all project documentation, load tickets, truck certifications, invoices with backup data and payment recommendations will be digitized by to be made searchable, and stored on a rugged hard drive to be given to the Village along with all original documentation. Using GIS technology, field monitors and supervisors can map out debris locations, locate “hot spots” for immediate collection, mark ineligible debris piles, and track progress for pass completions and debris removal zone closures. The app automatically updates a GIS map, which the Village can easily access. This information can be used by staff to track progress and provide updates to the media, elected officials, and the public, or to approach FEMA about eligibility issues. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 43 G: TRAINING PROGRAM We have provided a copy of our internal training program for debris monitors as Appendix A of our proposal. H: INSURANCE We have provided a copy of our Certificate of Insurance as Appendix B of our proposal. Should Witt O’Brien’s be awarded this contract, we will add the Village of Key Biscayne as an Additional Insured to this policy. K: LITIGATION STATEMENT The Dispute Disclosure Questionnaire is provided on the following page. Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 44 L: FORMS We have provided the following forms with our proposal: • Form AA: Addendum Acknowledgment • Form COA: Certificate of Authority • Form CD: Company Declaration • Form SEA: Single Execution Affidavit • Form CDL: Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts Per the instructions in Section 1.22 of the RFP, we have not provided the payment and performance bond forms, as this section states that these forms are required only by a Successful Proposer within seven days after an Event Notice to Proceed (NTP). Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 45 M: WARRANTY On the following page, we have provided a signed and notarized statement warranting our financial solvency. Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 46 N: PRICE PROPOSAL According to the instructions in the RFP, we have provided our price proposal using the fillable Bid Tables. Remainder of this page intentionally left blank. RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 47 APPENDIX A: INTERNAL TRAINING PROGRAM Remainder of this page intentionally left blank. Witt O'Brien's Debris Monitor Training Debris Monitor Training Manual Section 1. What is debris monitoring? Debris removal is the clearance, removal, and/or disposal of items such as trees, sand, gravel, building components, wreckage, vehicles and personal property. For debris removal costs to be eligible for reimbursement the debris must be a direct result of the disaster and the work must be necessary to: • Eliminate an immediate threat to lives, public health and safety; • Eliminate immediate threats of significant damage to improved public or private property; or • Ensure the economic recovery of the affected community to the benefit of the community-at- large. Debris monitoring is the process of ensuring the disaster-related debris removal operations are conducted in accordance with the funding agencies requirements (the Federal Emergency Management Agency (FEMA) and the Federal Highways Administration (FHWA)). The debris monitoring operations are meant to ensure that the removal contractor is performing the scope of work (as defined by their contract) and to document the debris removal operations. The primary role of debris monitors is not to function as the debris police, but simply to confirm debris eligibility by documenting the location of the debris (field monitors) and the volume of debris collected (tower/debris management site monitors). Monitoring includes: • Certifying the volumetric capacity of the debris removal trucks and trailers; • Accurately, completely and legibly complete load tickets; • Physically controlling every single load ticket; • Verifying that the debris is being removed from eligible locations (public right-of-ways adjacent to improved property); • Verifying that all debris removed is eligible (the debris must be a direct result of the disaster that poses an immediate threat to lives, public health and safety and cannot be removed from private property); • Correctly identifying the type of debris (vegetative, construction and demolition (C&D), mixed, hazardous and electronic waste); • Determining the actual volume (not measured truck volume) of debris taken to a Debris Management Site (DMS) or the final disposal location (such as a landfill); • Ensure that mixed debris types are not placed in a single truck; • Maintain communication with debris contractor (driver of the truck you are monitoring) • Measure and validate all hazardous trees (leaners), hazardous hanging limb (hangers) and hazardous stumps; • Total and accurate completion of the required documentation (load tickets, load ticket journals, damage/incident reports, etc.); • Identification of pickup location (FEMA versus FHWA roadways); • Ensure that debris is safely and properly loaded for transport; 1 • Documenting and reporting all damages to private property and structures; • Insure that all debris is removed from the truck at the Debris Management Site; and • Providing all required paperwork to supervisor on a daily basis; • Remain courteous, respectful, and professional at all times with residents, contractors, FEMA, or City/County officials and fellow Witt-O’Brien’s employees. Section 2. How is debris monitoring accomplished? Disaster debris monitoring is comprised of three steps which are completed for each phase of the debris removal and disposal operation (cut/toss for right-of-way clearance, removal of dangerous limbs (hangers), stumps and leaning trees, curbside debris removal, debris reduction and haul-out to final disposal site). The first step is field monitoring stage, where the actual curbside removal of eligible debris is verified and documented through the use of load tickets. The second step is tower monitoring stage, where the estimation of the actual volume of debris delivered to the Debris Management Site (DMS) or the final disposal site is accomplished and the load tickets are completed. The third step is the final haul-out stage, where the measurement and documentation (using load tickets) of the volume of reduced debris (mulch) or ash that is taken to the final disposal site (such as an approved landfill). The debris removal operation is conducted in repetitive phases called passes. Each pass is completed when all roadways have been cleared of debris for the first time. Then, as residents continue to place additional debris of the public right-of-way, a second pass of the debris removal equipment is conducted on each roadway. Depending on the severity of the disaster and the quantity of debris, a third pass may also be necessary. The Debris Monitoring Process Simplified: A. The debris removal trucks and equipment are certified for documentation purposes B. The debris locations are separated into debris zones C. The removal crews and their monitors are assigned to specific locations within each debris zone D. The debris is loaded while the monitor observes E. The debris load is checked by the monitor for safety during transport F. The load ticket is completed and the last copy kept by the monitor G. The remaining copies of the load ticket are given to the driver H. The field monitor completes the log and maps the debris removal progress I. The driver proceeds to the DMS or the final disposal site J. The driver gives the load ticket to the DMS ground monitor at the tower K. The DMS tower monitor determines the actual volume hauled (volume or percentage based) L. The DMS ground monitor inspects the load ticket for accuracy and takes action if it is incorrect M. The DMS ground monitor completes the bottom of the load ticket and gives a copy to the driver N. The DMS monitors complete the log O. The driver empties the hauled debris P. The truck is checked to verify that all debris has been removed Q. The truck returns to the collection site to start the process again Section 3. Truck and equipment certifications The first step in disaster debris monitoring is to accurately certify the volumetric capacity of the debris removal trucks and/or trailers and completing a truck certification form. The first step in the certification process is to review, verify and document the driver’s/vehicle documents such as driver’s license, current registration and insurance coverage. A safety check of the vehicle is also performed to insure that all local, state and federal safety standards are being complied with. The measurements of the overall dimensions of the bed are recorded to obtain the gross capacity. Then the measurements of all deductions such as the cut-out (for loading boom) and the doghouse (hydraulic lift for dump trucks) are taken and their volume calculated. The deduction volume is subtracted from the gross capacity to determine the certified net capacity. Sometimes a sketch is drawn to identify to measured sections of the truck. All measurements and calculations must be completely accurate in order for the correct volumetric capacity of the debris removal equipment to be calculated. Any debris removal equipment that does not actually haul debris to the Debris Management Site or directly to a certified landfill is required to have all certification process steps completed with the exception of the calculation of volumetric capacity. After the truck certification form has been completed, an adhesive-backed vinyl placard identifying the truck and its certified capacity is attached to the driver’s side of the truck’s bed as closely as possible to the driver’s door. Photographs of the entire side view (at a minimum) of the debris removal equipment are required to be attached to the certification form. Specific and detailed training will be given to any monitors that are selected to assist in the certification process PLACARD ON TRUCK PLACARD ON EXCAVATOR Trucks and/or trailers may need to be periodically re-checked to insure that the certified volumetric capacity has not been altered during the debris removal operations (sideboards missing, bed alterations). All aspects of the certification process must follow the currently approved FEMA requirements. The certification of debris removal equipment requires specialized training to understand the methodology by which the volumetric capacity is measured and determined. Any monitors that are utilized for the certification process will receive additional training which is beyond the scope of this introductory debris monitoring course. EXAMPLE OF TRUCK CERTIFICATION FORM: Section 4. The Load Ticket Load tickets are 4 or 5-part forms which are filled out by loading site debris monitors and completed by the tower monitors. They record important information about the truck load of debris and it is critical that they are filled out correctly. Load tickets are used by our client to request reimbursement from FEMA for the cost of removing storm debris from their jurisdiction. Load tickets can actually be viewed as checks and therefore each ticket must be accounted for and completely and accurately filled out in order that the funds expended on the removal of each specific load of debris can be reimbursed to the client. It is CRUCIAL that each load ticket is completely and accurately filled in, and is legible through all five copies. Due to the number of copies for each ticket, all monitors MUST PRINT STRONGLY AND LEGIBLY to insure that all copies are readable. It is EXTREMELY IMPORTANT that both field and tower monitors complete EVERY load ticket correctly and keep detailed records (ticket log) of all tickets daily, and provide this documentation to their supervisor at the end of each day. Load tickets should only be filled out when the debris removal equipment is at the debris pick-up location and ready to begin removing debris. This will help to ensure that load tickets are not incorrectly filled out and the accurate data from the equipment placard is placed in the truck information section of the load ticket. Every load ticket that is issued to a field monitor must be accounted for and recorded on a Load Ticket Log by a Supervisor. Every field monitor is responsible for the safekeeping of each and every load ticket, and all personnel involved with the debris removal and the debris monitoring processes depend on the detailed tracking of each load ticket as well as its accuracy and completeness. Load tickets are similar to bank checks, if they are not correctly completed, the bank (federal reimbursement agencies) will not cash them (reimburse the client). Section 5. Field monitor duties Each field monitor is assigned by their supervisor to a single debris removal crew daily. The field monitor must exchange contact information with the truck driver, especially names and cell phone numbers. Field monitors meet their removal crew at either the staging area (initial assignment) or at a specific time and location determined at the end of the previous day. Punctuality is important; field monitors must not delay the debris removal operations. All field monitors will be given maps of the area of the daily debris removal operations for which they are responsible for monitoring. Field monitors must document each and every load ticket that is assigned to them. PORTIONS OF LOAD TICKET COMPLETED BY FIELD MONITORS Each ticket that a monitor completes should be logged onto a Load Ticket Journal. These forms will be provided to all monitors at the beginning of each day. EXAMPLE OF A LOAD TICKET JOURNAL: Field Monitor - Load Ticket Journal Field Monitor Name: _______ Date Ticket Number Truck Number Truck Capacity (CY) Time Debris Type* Comments** As the debris removal crew arrives at the loading site, the field monitor should begin completing the first six (6) fields of the load ticket, after ensuring that the debris to be removed is eligible for reimbursement. If the field monitor is unsure as to the eligibility of the debris, they should immediately contact their supervisor for assistance. Strict attention should be paid to the observing any potential hazards buried underneath the debris (such as gas/water meters) or hazards such as electric/cable/telephone lines. It is very important to know whether or not the debris is being removed from a Federal-aid (FHWA) eligible roadway during the first pass and this information should be identified on the daily map provided to the field monitor. If the debris is on a Federal-aid roadway, the appropriate box must be checked on the load ticket. This is very important as the Federal Highways Administration reimburses the client for 100% of all debris removal costs during first pass As the debris removal process begins, the field monitor should record the starting time and all other loading and debris information fields on the load ticket. Any comments pertaining to the location should be provided in the comments section. IF A LOAD TICKET IS DAMAGED OR OTHERWISE NOT USABLE, the field monitor must keep the ticket and record the reason for not using the ticket on the Load Ticket Journal. If damage of any type occurs to private property, the field monitor must immediately call the appropriate emergency number (if required) and also call their supervisor. The field monitor must also complete a Damage Incident Report for each and every occurrence of property damage. After the load ticket has been completed, the field monitor should print their name and badge number in the correct field and sign the ticket. THE FIELD MONITOR SHOULD VERIFY THAT ALL OF THE FIELDS ON THE LOAD TICKET ARE COMPLETED, ACCURATE AND LEGIBLE AND CAN BE READ THROUGH TO THE LAST COPY. The last copy of the ticket is then kept by the field monitor and the rest of the ticket is given to the debris removal driver. The field monitor should then confirm the next removal location with the debris removal driver. After the debris removal crew has departed, the field monitor should complete the Load Ticket Journal with information from their copy of the load ticket, identify (map) the area where the debris removal has been completed and then move to the next debris removal location. Load Ticket Journals, like Load Tickets, MUST be filled out completely. Field Monitor - Load Ticket Journal Field Monitor Name: John Smith_______ Date Ticket Number Truck Number Truck Capacity (CY) Time Debris Type* Comments** 12-19- 08 00017643 149 48 0835 Veg 12-19- 08 00017644 149 48 1021 Veg 12-19- 08 00017645 Ticket damaged 12-19- 08 00017646 149 48 1146 Veg 12-19- 08 00017647 149 48 1304 Veg Mailbox damaged, damage incident report filed with Supervisor Field monitors must wear all assigned safety equipment (hard hat, vest, steel-toe shoes etc.) at all times throughout the day. The debris removal equipment is dangerous and all monitors must be observant of traffic conditions and remain clear of the debris removal equipment at all times. Field monitors are not to assist in the removal operation itself, but rather concentrate on their specific duties, especially the thorough, accurate and legible completion of the load ticket. Field monitors should not argue with either the debris removal crew or private residents, and should always act in a professional, calm and courteous manner. If there are any disagreements with any parties involved, the field monitor should immediately contact their Supervisor. No field monitor should speak to the media (TV, radio of newspaper), but rather they should refer the media to contact the client’s Public Information Officer. Documenting and reporting all damages to private property and structures is another very important responsibility of debris monitors. Monitors should keep in mind that these forms should be filled out even in instances where there is no property damage. Monitors can use these forms to document encounters with residents, whether it be positive or negative, or pre-existing damage at a debris loading site. Having pre-existing damage documented will protect both our client (City or County), as well as the debris contractor. EXAMPLE OF A DAMAGE INCIDENT REPORT FORM Field Debris Monitor Job Responsibilities Daily AM Report to work on time at designated area – check in with your Supervisor - sign in on roster - fill in time sheet and have your Supervisor initial both. Check for new information, procedures, maps, issues or phone numbers. Once assigned, proceed to work zone or meet with truck(s) at designated area. If not assigned, inform Supervisor and wait for assignment – do not leave the staging area without telling your Supervisor where you are going. Field Duties Meet truck(s) at designated loading or staging site. Get the driver’s cell phone numbers and give them your cell phone number. Monitor and observe all loading activities of trucks, bobcats, front-end loaders – confirm that they are loading only storm-related debris which is on public rights-of-way or public property, and that they are not going onto private property to collect debris. Get out of your vehicle to observe loading activities – wear safety vest and hardhat. Remain a safe distance (50 feet) from loading operations and street traffic – check area for children, downed power lines, unsafe traffic conditions - report any safety issues or unsafe or reckless Contractor behavior to your Supervisor. Call your Supervisor if you cannot determine debris eligibility or have any questions about policies, procedures, or your responsibilities. Make sure truck is fully loaded and safe to travel – tailgate is secure, debris trimmed and not sticking out of sides or piled too high and ensure that debris not likely to fall off. Make sure that Contractors pick up all eligible debris, and that they clear branches and other debris off the roadway and private driveways before leaving the area. Fill out the Load Tickets carefully – accuracy and completeness are critical – always reference the address and name of the street that the debris came from – write neatly and hard enough to make sure all copies are clearly legible – be sure to sign the Load Ticket. Retain bottom copy of the Load Ticket and give the remaining pages to the truck driver – log the information from the ticket into your Load Ticket Journal and safely store the Load Ticket. Remember that the Load Tickets are the basis for everyone’s paycheck. Keep any voided Loaded Tickets and turn them into your Supervisor at the end of the day. Ensure that you and the truck driver agree where you will meet after they unload the debris. While trucks are in transit to and from the Disposal Site, scout the area for debris and record the location of ineligible piles, illegal dumping and special debris types (white goods, stumps, hazardous waste) into the log and map the locations and update maps of debris collection progress, If bobcats or loaders continue to move debris while the trucks are away, stay and monitor their activities to ensure they do not go on to private property to get debris. Record all damages caused by Contractor to private property or public utilities on the Damage Incident Report and call your Supervisor or Damages Manager to report damages. Remain courteous, respectful and professional at all times with residents, Contractors, County or City officials and fellow employees. Daily PM When the trucks are finished for the day call your Supervisor to report in – return to base if not assigned to another truck or task. Turn in all Load Tickets, logs, maps and field forms to your Supervisor – update master map if required. Brief your Supervisor on the day’s activities, debris collection progress, issues or problems. Check for information updates or scheduled meetings. Sign out on both the roster and your time sheet – have your Supervisor verify and sign. Basic Debris Eligibility Criteria and Issues Vegetative Debris: Consists of trees, branches, limbs, logs, and other woody material. Must be related to the storm event – blown from trees or broken limbs which were later cut off. Must be on public property when collected – in 15 foot right-of-way along roads or other public property such as schools, government facilities, utilities stations and maintained parks or recreational areas. Must come from improved and maintained residential lots – not from wild, un- maintained and vacant parcels. Be aware of debris which came from land clearing and yard maintenance activities – this debris in not eligible for FEMA funding – log it on the Ineligible Debris Log and report it to your Supervisor. Stumps over 24 inches in diameter require special measurement, documentation and validation – record the locations on the Stump Worksheet and Log when found. Construction & Demolition Debris (C&D): Consists of building materials – roof tiles or shingles, drywall, lumber, plywood, doors, window frames and other materials. Must have been generated by the storm event – windblown. Debris from remodeling or demolition work is generally not eligible – log it on the Ineligible Debris Log. Concrete is generally not eligible – log it and leave it. Mobile home debris must also have been generated by the storm, not from demolition or remodeling work. Other Types of Debris: Furniture – must have been damaged by the storm – is it stained from water or mold, or damaged by high winds? Carpeting – must show storm damage from water, mud or mold. Cabinets – also must show damage and cannot be from remodeling work. Electronics – TV’s and stereos – must have storm damage to be eligible. White Goods and appliances – washers, dryers, stoves and water heaters may be eligible, but special collection procedures must be initiated. Tires – not eligible – make notes in the Ineligible Debris Log and report. Hazardous Wastes – household materials such as bleach, gasoline, oil, car batteries, paints and thinners – these must be collected separately – mark them on HHW Log and report them to your Supervisor. Mixed – when debris types are mixed and not easily separated at loading site, mark the Load Ticket “Mixed.” Phone Numbers to Have Supervisors and Project Manager Emergency Contacts – utilities, police Witt-O’Brien’s Damages Manager Other Witt-O’Brien’s Monitors in your area and Tower Monitors at the disposal sites Truck drivers you are monitoring Contractor Field Supervisors Call your Supervisor In the event of any injury or accident. If debris eligibility is in doubt or dispute. When your trucks are done for the day or you cannot find them in the morning When Contractors cause damages to private or public property – mailboxes, utility lines, water lines, lawns or automobiles. If any dispute or conflict arises with the Contractor or a resident. If you witness any serious safety violations by the Contractors. If your trucks are reassigned to a different zone or they are broken down. If you have to leave your trucks or loaders un-monitored for any reason If you have questions about your job responsibilities, need load tickets or other items Field Equipment and Supplies Cell phone with 1000 minutes minimum and 12 volt car charger All forms and load tickets Safety vest Hard hat Steel-toed boots Cooler with ice and water Food and snacks for the day Clipboard Sunscreen Insect repellant Pens and highlighters Camera, preferably digital Folding lawn chair Notepads Rain gear Map of area Watch Do’s and Don’ts of Debris Monitoring Do’s Be on time for the morning briefing or when meeting the removal crew in the field. Be polite and respectful to the removal crew and the public. Accurately and legibly complete each and every load ticket. Be careful working around heavy machinery. Wear all safety gear at all times. Keep complete and accurate records. Keep all emergency contact phone numbers in an accessible place. Keep your cell phone and all other equipment fully charged Bring water and food daily. Dress appropriately for each day’s anticipated weather. Check each and every load ticket for completeness and accuracy before retaining your copy. Call your supervisor if you have an issue. Don’ts Ride on any debris removal equipment. Flag traffic. Use your vehicle to block traffic. Become overly friendly with the removal crews. Write load tickets in advance. Give out cell numbers of supervisors or management staff. Delay the debris removal process. Abandon the worksite without notifying your supervisor. Argue with the removal contractor. Issue a load ticket for ineligible debris. Guess at whether debris is eligible, call your supervisor when in doubt. Allow removal crews onto private property unless instructed to do so by your supervisor. Speak to the media; refer the media to the client’s Public Information Officer. Be professional at all time. Section 6. Debris Management Site (DMS) monitor duties A minimum of two (2) monitors are assigned to each DMS. Each DMS has an observation tower at the entrance to the site. One monitor works on the ground and the other monitor works in the tower. The loads of debris are examined as the truck enters the DMS to estimate actual volume hauled, and the bed of the truck is checked when the truck leaves the DMS to ensure that all of the debris has been unloaded. Do not allow trucks without the proper identification (placard) to enter the DMS, refer them to a commercial landfill. The DMS ground monitor is responsible for collecting the load ticket from the truck driver and examining the ticket for errors or omissions. If there is a problem with the ticket, the tower monitor is responsible for contacting the field monitor who supplied the inaccurate ticket as well as his/her supervisor, in order to correct the load ticket prior to any further actions taking place. The DMS tower monitor observes the void spaces not filled with debris in the loaded truck bed and ensures that only eligible debris has been loaded. A common rule of thumb is to estimate the number of portable toilets that are represented by the empty areas throughout the truck bed and subtract that volume from the certified capacity of the truck bed and entered onto the load ticket. Newer Style (3 cubic yards) Older Style (2 cubic yards) Another method to determine actual volume is to visually estimate the percentage of the truck that is filled with debris. The certified capacity of the truck is then multiplied by the percentage (in 5% increments) by the DMS ground monitor and entered onto the load ticket. Once the load ticket is correct, the ground monitor completes the data supplied by the tower monitor. The DMS ground monitor removes the last copy of the load ticket and returns it to the truck driver, then gives the remaining copies of the load ticket to the tower monitor. The DMS tower monitor completes the DMS Tracking Log and separates the remaining copies of the load ticket for distribution to the debris contractor, Witt-O’Brien’s and the client. After the debris has been unloaded, the debris removal truck must be visually inspected to insure that it is 100% empty so that debris volume is not double-counted. PORTIONS OF LOAD TICKET COMPLETED BY DMS MONITORS Debris Management Site Monitor Job Responsibilities Review disposal site conditions and tower for safety issues. Report any safety concerns to your Supervisor, and always wear your safety vest, steel-toed boots, long pants and hard hat. When a truck arrives at the tower, verify and confirm that the information on the placard corresponds to information on the load ticket (name, number, capacity, type of debris), and that all loading site information is complete and accurate. Check for alterations to the truck – side boards missing, tailgate changed, placard altered, capacity looks correct, truck number not changed, the debris type matches the ticket, and the debris is not obviously ineligible. If anything about the truck appears to have been altered, call your Supervisor and alert him or her to the issue – the truck may have to be re-measured and certified. If the truck is overloaded or has debris protruding out dangerously from the sides or top, or has debris that may fall off and present a risk to the traveling public or others, tell the driver and call the loading site monitor to alert him or her that they must make sure trucks are safely loaded before issuing a ticket. If any information on the load ticket is missing or incorrect, call the field monitor to obtain the information, if possible. If not, make a note and follow up later to make corrections and complete the ticket. Alert your Supervisor (or QA/QC manager, if present) to the problem. Judge and estimate the percentage of the truck’s total measured capacity the debris occupies, to the nearest 5%. Does the debris appear to be properly compacted and loaded? If not, and large gaps exist; make appropriate deductions to the percentage call using your best judgment. Use your truck conversion chart to enter the final volume on the Load Ticket. If a truck has no tailgate, it cannot receive more than an 85% call. If trucks or trailers are hand-loaded, the maximum allowed volume is 50% of the certified capacity. Fill in the estimated percentage of capacity in the load ticket, as well as all other information – date, time, your name and signature, the name of the disposal site. Write neatly and press hard to make sure all copies are legible. Give the bottom copy of the ticket to the driver and retain the rest. Do not argue with the truck drivers or Contractor representatives. If a dispute arises, politely ask the driver to pull off to the side and call your Supervisor to resolve the issues. Retain all parts of the load ticket until the matter is settled. Transfer the information from the load ticket to the TDSRS Tracking Log. Separate the parts of the Load Tickets and put them into plastic bins for safekeeping. Continuously observe the activities of all Contractors operating at the Disposal site for safety and proper unloading and debris handling. Call your Supervisor if any unsafe conditions or behavior is apparent. When trucks leave the site after unloading their debris, they must also be inspected to confirm that they discharged all of the debris and that the truck is empty. If FEMA monitors are present at the site, cooperate fully with them and maintain respectful, polite and professional relations with all FEMA, Contractor, County or City and Witt-O’Brien’s personnel at all times. Call your Supervisor when any disputes, conflicts or safety issues arise. Section 7. Emergency Right-Of-Way Clearance Immediately following a disaster event, the first debris removal phase is to cut up and push the debris to the side of the roadway (cut and toss) in order to allow access for emergency and search and rescue vehicles. During this procedure, and throughout the 1st pass removal, it is crucial to identify the exact location of the debris being removed; in order to adequately document the federal agency responsible for reimbursing the costs (FEMA or FHWA). For all disasters, FEMA generally only reimburses the client 75% of the actual debris removal costs, but the FHWA reimburses at a 100%. This difference in reimbursement levels can be very substantial and therefore accurate recording and documentation of the exact debris pickup location is critical. Emergency clearance operations are usually accomplished using a time and materials contract for the first 70 hours of actual time completing the cut and toss process; rather than a volume-based contract. In this case, debris monitoring duties consist of recording and documenting the labor and equipment hours on a Time and Materials Contract Log or similar document. Section 8. Hazardous Trees (Leaners) and Hazardous Hanging Limbs (Hangers) All leaning trees and hanging branches must extend into the public right-of-way (ROW) in order for the costs to be eligible for reimbursement. This is the 1st critical test for these special debris types to determine their eligibility. Trees that are determined to be hazardous (leaners) or have broken branches (hangers) have special eligibility and reimbursement requirements that involve special documentation. If possible, all leaning trees and trees with hanging branches should be inspected and approved as eligible for removal by a FEMA representative prior to removal operations occurring. Photographs of all these special debris types must be taken and accurate GPS coordinates recorded. A tree is designated as hazardous s (or a “ leaner”) if it is six (6) inches or more in diameter at breast height AND one or more of the following are met: • It has more than 50% of the crown damaged or destroyed; • The trunk is split that exposes heartwood; • The tree has fallen over within a public-use area; and/or • The tree is leaning at an angle greater than 30 degrees (leaner). EXAMPLE OF ELIGIBLE HAZARDOUS TREE (LEANER) Note: We assume this tree is in the Public Right of Way or on improved Public Property and represents a clear threat to the public’s health and safety Hanging branches must be two (2) inches or greater at the point of breakage and only those branches that extend into the public ROW are eligible to be trimmed. The hanger should be cut at the closest main branch junction, removing the entire branch back to the tree trunk may not be eligible. A Hanger Log should be accurately completed for each tree where hangers are removed. The cost of cutting the branches is generally not eligible for reimbursement, only the cost of removing the actual cubic yard volume of the cut branches. If possible, all leaning trees and trees with hanging branches should be inspected and approved as eligible debris by a FEMA representative prior to removal operations occurring. Photographs of all these special debris types must be taken and accurate latitude and longitude coordinates recorded. EXAMPLE OF HAZARDOUS HANGING LIMB (HANGER) Section 9. Hazardous Stumps If the hazardous tree has GREATER than 50% of the root ball exposed and the tree is 24 inches or more in diameter (as measured 24 inches from the ground), the trunk portion of the tree may be removed as cubic yard volume and the stump may be treated as described in the next section using a Stump Worksheet. All leaning trees that are eligible must be recorded on a Validation Field Log. If the stump of a leaning tree is eligible for removal (greater than 24 inches in diameter at 24 inches above the ground with more than 50% of the root-ball exposed), the stump may be removed and the resulting hole in the ground filled in. Stumps with diameters less than 24 inches at 24 inches above the ground do not require special equipment for removal and therefore reimbursement is based on a cost per cubic yard as determined using the Stump Conversion Table. To determine the stump diameter, measure 24 inches up from the ground and then measure around the trunk of the tree. By dividing that measurement by 3 you can estimate the stump’s diameter. EXAMPLE OF HAZARDOUS STUMP Note: We must ensure that this tree is on a public right of way on and not on commercial property in order for it to be eligible for collection by the client’s removal contractors operating as part of the FEMA project. SAFETY Safety is everybody’s business. It is to be given primary importance in every aspect of planning and performing all Company duties and activities. We want to protect you against injury and illness, as well as minimize the potential loss of production. All employees have a safety responsibility to themselves, fellow workers, the public, our client and the Company. These rules apply to everyone: Report all injuries or safety concerns to your manager immediately (no matter how small). Comply with all safety rules, regulations and orders issued by the Company or the federal, state and local government. Remain alert on the job at all times. Stay a safe distance away from debris loading activities – falling or flying debris is hazardous. Stay clear of all hazardous materials. When stopping to observe debris collection activities use your vehicle’s flashing lights and pull off the road when possible. When outside of your vehicle, always wear a safety vest and hardhat, remain clear of loading equipment and stand to the side of the road. Stay alert to traffic. Anticipate possible dangers in your operations and make every effort to avoid them. Utilize personal protective equipment if it has been issued to you. If you wish to have safety equipment that is not provided, request it of your supervisor. Use your seatbelt whenever you are in a vehicle. Know the proper procedures for doing your assigned job. If you are in doubt, or if you need additional equipment or any assistance, notify your supervisor. No one, except authorized personnel, is permitted to use any debris clearance of removal machinery or equipment. Practice proper lifting techniques of “back straight, knees bent.” Get help for all bulky or heavy jobs. Use tools only for the job for which they are provided. Don’t improvise. Defective tools are to be reported to your supervisor immediately. Do not remove, circumvent, disconnect or render inoperable any safety or protective device. Do not operate equipment that is unsafe. Report any tampering with safety devices to your supervisor. Do not climb on debris piles or trucks. Know the location of all fire alarm boxes, first-aid kits, fire extinguishers. Required Field Safety Gear and Supplies Long leg pants Steel toe boots Eye and ear protection Hardhat Respiratory protection / face masks Personal medications Bottled water and cooler with ice Sun Screen, insect repellant Maps and GPS Device Cell phone and 12V charge cord Phone numbers for all Supervisors First Aid Kit Proper company and/or client identification Reflective vest Driver’s license Debris Management Site Health & Safety Equipment First Aid Kits Eye Flush Equipment OHSA Safety Rules poster Fire Extinguisher Disposable ear plugs Safety glasses Bottled water Portable toilets List of local emergency response agencies with phone numbers List of nearest hospitals and urgent care facilities Health/Safety Risks to Avoid Isolated and/or not readily accessible areas Heavy machinery, loud equipment, traffic Limited communication Dust, flying debris, falling tree limbs or branches Debris falling out of collection trucks – stay well behind Extreme weather Darkness Large debris piles Hazardous or Toxic materials and waste Waterborne, vector-borne, and blood-borne disease Rabid animals, infectious reptiles and plants Downed power lines and cables Gas leaks Natural and wildlife hazards SAFETY FIRST YOU are responsible for your personal safety at all times. Any hazards posing an immediate threat to public health and safety should be reported to the appropriate authority immediately. If you are faced with an emergency in the field: Remove yourself from the situation Call 911 for life threatening emergencies Contact your direct supervisor immediately RFP # 2020-50 | Village of Key Biscayne, FL wittobriens.com 48 APPENDIX B: CERTIFICATE OF INSURANCE (COI) Remainder of this page intentionally left blank. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD GABLEM Makenze Gable 09/30/2019 SEACHOL-01 B JLT57110 A 1000198884191 A 1000003889 A JLT57110 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 100,000 1,000,000 1,000,000 1,000,000 X X X X X X X 06/01/2019 06/01/2020 09/30/2019 10/01/2020 09/30/2019 10/01/2020 06/01/2019 06/01/2020 Workers Compensation policy evidenced hereon includes Maritime Employers’ Liability. Marsh USA, Inc. 5847 San Felipe St. Suite 2800 Houston, TX 77057 Witt O'Brien's, LLC O'Brien's Response Management, LLC Witt O'Brien's, LLC O'Brien's Response Management, LLC 1201 15th Street NW, Suite 600 Washington, DC 20005 Starr Indemnity & Liability Company Liberty Mutual Insurance Company 38318 23043 makenze.gable@jltus.com Starr Indemnity and Liability Company 100.0000% Liberty Mutual Insurance Company (Lead Underwriter)50.0000% New York Marine & General Insurance Co.25.0000% Stratford Insurance Company 25.0000% Total for Section B 100.0000% Starr Indemnity and Liability Company (Lead Underwriter)37.5000% Liberty Mutual Insurance Company 37.5000% New York Marine & General Insurance Co.25.0000% Total for Section C 100.0000% Certificate of Liability Insurance Attachment Policy No. JLT57110 Full Security Details Section A - Marine General Liability Section B - Excess Liability Section C - Excess Liability Marsh JLT Specialty 5847 San Felipe St., Ste 2800 Houston, TX 77057 713-325-7598 www.marsh.com RE: Certificates of Insurance Dear Certificate Holder, Going forward, we would be pleased to send you this evidence electronically. Please forward the attached certificate of insurance to the address noted below and provide the email address to which future certificates should be sent: •Jennifer.Jolly@marsh.com Best Regards, The Marsh JLT Specialty Team wittobriens.com Form AA ADDENDUM ACKNOWLEDGEMENT FORM Solicitation Title: ________________________ Solicitation No.: ________________________ Listed below are the dates of issue for each Addendum received in connection with this Solicitation: Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ Addendum No. ________, Dated _________ ☐ No Addendum issued for this Solicitation Firm’s Name: Authorized Representative’s Name: Title: Authorized Signature: DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 Disaster Debris Monitoring Witt O'Brien's, LLC Chief Operating Officer 2020-50 Gregory Fenton DocuSign Envelope ID: 8D0CF173-A3D9-4AEB-BA1C-1975273993CF X CERTIFICATE OF AUTHORITY I HEREBY CERTIFY that a Unanimous Written Consent, in lieu of a meeting, of the Board of Managers of Witt O’Brien’s, LLC, a Delaware limited liability company (the “Company”), was duly passed and adopted on May 18, 2020, authorizing Tim Whipple, CEO, and Gregory Fenton, COO, of the Company to execute bids on behalf of the Company and providing that his execution thereof, attested by the Secretary of the Company, shall be the official act and deed of the Company. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of May 2020. Secretary: Print Name: William C. Long ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD On this 18th day of May 2020, before me personally appeared William C. Long, to me personally known, who, being duly sworn said that he is the Secretary of Witt O’Brien’s, LLC, and that he is and was authorized to execute the foregoing instrument. Karen McGee, Notary Public My Commission Expires: August 14, 2022 WITT O’BRIEN’S,LLC UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS IN LIEU OF MEETING The undersigned, being all of the members of the Board of Managers (the “Board”) of Witt O’Brien’s, LLC, a Delaware limited liability company (the “Company”), hereby consent to the adoption of the following resolutions, said consents to have the same force and effect as a vote of the managers at a meeting of the Board held for such purpose: WHEREAS, the Company desires to submit a Request for Proposal, No. 2020-50, to provide Public Assistance and Debris Monitoring Services (“RFP”), to the Village of Key Biscayne, Florida (“Key Biscayne”). NOW, THEREFORE, BE IT: RESOLVED, that the Company is hereby authorized to submit the RFP to Key Biscayne; and be it further RESOLVED, that Tim Whipple and Gregory Fenton (each an “Authorized Person”), be, and each of them hereby is, authorized, empowered and directed singly or jointly, in the name and on behalf of the Company, in all negotiations, bidding, concerns and transactions with Key Biscayne and to take such additional action as deemed necessary or appropriate by such Authorized Person to implement the provisions of the foregoing resolution, and that execution by such Authorized Person shall be conclusive evidence of the approval thereof by the Company; and be it further RESOLVED, that the Authorized Persons be, and each of them hereby is, authorized to furnish a certified copy of these Resolutions to Key Biscayne, and Key Biscayne is authorized to deal with the Authorized Persons under the authority of these Resolutions, unless and until it shall be expressly notified in writing to the contrary by the Company; and be it further RESOLVED, that any or all actions heretofore or hereafter taken in good faith and in a manner reasonably believed to be both lawful and in, or not opposed to, the best interests of the Company, by any Authorized Person or their respective designated representatives, which acts would have been authorized by the foregoing resolutions except that such acts were taken prior to the adoption of such resolutions, are hereby, in all respects, ratified, confirmed, approved and adopted as acts on behalf of the Company; and be it further RESOLVED, that (a) the undersigned may evidence their consent to this Unanimous Written Consent by (i) executing a counterpart hereto and delivering the same to the Company in paper form, by facsimile or electronic mail in portable document format (PDF) or (ii) electronic transmission (i.e., email) stating that such person consents to actions set forth in the Unanimous Written Consent, and (b) this Unanimous Written Consent shall be effective for all purposes as of the latest date consent hereto is received by one of the means referenced in clause (a) above. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the undersigned have executed this consent on the dates set forth below. Charles Fabrikant Dated: Bruce P. Weins Dated: Eric Fabrikant Dated: [SIGNATURE PAGE TO UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF WITT O’BRIEN’S, LLC] 5/18/2020 5/18/2020 5/18/2020 Form CD FORM CD COMPANY DECLARATION FORM I certify that any and all information contained in this Response is true. I certify that this Response is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Response for the same materials, supplies, equipment, or services and is in all respects fair and witho ut collusion or fraud. I agree to abide by all terms and conditions of the solicitation and certify that I am authorized to sign for the Proposer’s firm. Please print the following and sign your name: FIRM NAME PRINCIPAL BUSINESS ADDRESS TELEPHONE FACSIMILE EMAIL ADDRESS FEDERAL I.D. NO. MUNICIPAL BUSINESS TAX RECEIPT OR SOCIAL SECURITY NUMBER OR OCCUPATIONAL LICENSE NO. NAME TITLE AUTHORIZED SIGNATURE DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 202 585 0780 Chief Operating Officer Witt O'Brien's, LLC 1201 15th St NW, Suite 600 Washington DC 20005 Gregory Fenton 27-2783923 Gfenton@wittobriens.com Form SEA FORM SEA SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILLAGE OF KEY BISCAYNE AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees 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. __________ Proposer Initials DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 Gregory Fenton Witt O'Brien's, LLC 1201 15th St NW, Suite 600 Washington DC 20005 27-2783923 DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 Form SEA Public Entity Crimes Affidavit 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 bid 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. I understand that “convicted” or “conviction” as defined in Paragraph 2 87.133(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. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. 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 dur ing the preceding 36 months shall be considered an affiliate. 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 contract and which bids or applies to bid on contracts 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, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entit y 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 m anagement 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, DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670 X DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 Form SEA 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 a contract 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. __________ Proposer Initials No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County conflict of interest or code of ethics ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. __________ Proposer Initials Business Entity Affidavit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the Village of Key Biscayne (the " Village”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no Village employee, nor any elected or appointed officer (including Village board members) of the Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 Form SEA in the Vendor or Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by Village. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to Village. __________ Proposer Initials Anti-Collusion Affidavit 1. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully informed respecting the preparation and contents of the attached Proposal/Bid and a ll pertinent circumstances respecting the Proposal/Bid; 2. The Proposal/Bid is genuine and is not a collusive or sham Proposal/Bid; and 3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or cost element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Key Biscayne or any person interested in the proposed Contract. __________ Proposer Initials Scrutinized Company Certification 1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer or its subcontractors are found to have submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFP is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 Form SEA certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this solicitation. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. __________ Proposer Initials Acknowledgment, Warranty, and Acceptance 1. Respondent warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. Proposer/Bidder warrants that it has read, understands, and is willing to comply with all requirements of ITB/RFP No. XXXX-XX and any addendum/addenda related thereto. 3. Proposer/Bidder warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the Village Council or Village Manager, as applicable. 4. Proposer/Bidder warrants that all information provided by it in connection with this Proposal is true and accurate. __________ Proposer Initials Sworn Signature of Proposing Entity Representative and Notarization for all above Affidavits follows on the next page. DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 RFP NO.2020-50 DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 Form SEA In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of ___________________ County of On this day of , 20 , before me the undersigned, personally appeared , whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. Witness my hand and official seal: Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 Becky Price Cheryl Joiner 5/15/2020Chief Operating Officer Gregory Fenton DocuSign Envelope ID: F7AF7559-4775-4843-9C64-C43E8F1D3670DocuSign Envelope ID: FD3D6A6D-4FFE-4277-BD8D-E7897BF49230 X 20 Texas Greg Fenton 15 Harris May Form CDL CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (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 any federal agency, a Member of Congress, an officer of 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 federal 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 of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) 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 Section 1352, Title 31, U.S. Code. 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 prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant:______________________________________ By:____________________________________________________ Authorized Signature Title:___________________________________________________ Date: _________________ DocuSign Envelope ID: 0A78B7FE-29C7-49E6-9B9E-FFC53DD1B025 5/15/2020 Gregory Fenton Chief Operating Officer WARRANTY As a subsidiary of SEACOR Holdings, Inc., Witt O’Brien’s, LLC hereby certifies that the Company is solvent and currently has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. NAME TITLE AUTHORIZED SIGNATURE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD GABLEM Makenze Gable 09/30/2019 SEACHOL-01 B JLT57110 A 1000198884191 A 1000003889 A JLT57110 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 100,000 1,000,000 1,000,000 1,000,000 X X X X X X X 06/01/2019 06/01/2020 09/30/2019 10/01/2020 09/30/2019 10/01/2020 06/01/2019 06/01/2020 Workers Compensation policy evidenced hereon includes Maritime Employers’ Liability. Marsh USA, Inc. 5847 San Felipe St. Suite 2800 Houston, TX 77057 Witt O'Brien's, LLC O'Brien's Response Management, LLC Witt O'Brien's, LLC O'Brien's Response Management, LLC 1201 15th Street NW, Suite 600 Washington, DC 20005 Starr Indemnity & Liability Company Liberty Mutual Insurance Company 38318 23043 makenze.gable@jltus.com Starr Indemnity and Liability Company 100.0000% Liberty Mutual Insurance Company (Lead Underwriter)50.0000% New York Marine & General Insurance Co.25.0000% Stratford Insurance Company 25.0000% Total for Section B 100.0000% Starr Indemnity and Liability Company (Lead Underwriter)37.5000% Liberty Mutual Insurance Company 37.5000% New York Marine & General Insurance Co.25.0000% Total for Section C 100.0000% Certificate of Liability Insurance Attachment Policy No. JLT57110 Full Security Details Section A - Marine General Liability Section B - Excess Liability Section C - Excess Liability Marsh JLT Specialty 5847 San Felipe St., Ste 2800 Houston, TX 77057 713-325-7598 www.marsh.com RE: Certificates of Insurance Dear Certificate Holder, Going forward, we would be pleased to send you this evidence electronically. Please forward the attached certificate of insurance to the address noted below and provide the email address to which future certificates should be sent: •Jennifer.Jolly@marsh.com Best Regards, The Marsh JLT Specialty Team Contract No. 20220412 Exhibit C: Rate Schedule EXHIBIT C RATE SCHEDULE Compensation for Services will be based on the Disaster Debris Monitoring and Supplemental ICS Staffing rates and Additional Services rates attached hereto. In addition to the hourly rates, Consultant shall be reimbursed for out of pocket expenses incurred in connection with performance of this Agreement. Travel expenses such as lodging, airfare (coach class), rental car, and other miscellaneous expenses shall be reimbursed at Consultant’s cost, without mark-up. Per diem shall be reimbursed in accordance with the rates published by General Services Administration (GSA) for the area of operation. If mileage is applicable, mileage shall be reimbursed at the prevailing IRS mileage rate. Responses Success: All data is valid! Numeric Status # Item Estimated Hours Unit Price (Per Hour)Total Cost Disaster Debris Monitoring Success: All values provided #1-1 Program Manager 70 $ 120.00 $ 8,400.00 Success: All values provided #1-2 Public Assistance Specialist 50 $ 168.00 $ 8,400.00 Success: All values provided #1-3 Grant Specialist 50 $ 178.00 $ 8,900.00 Success: All values provided #1-4 Planning Specialist 50 $ 130.00 $ 6,500.00 Success: All values provided #1-5 Administrative Support Specialist 20 $ 30.00 $ 600.00 Success: All values provided #1-6 TDSR & RDDS Site Monitors 430 $ 34.00 $ 14,620.00 Success: All values provided #1-7 Field Supervisors 215 $ 54.00 $ 11,610.00 Success: All values provided #1-8 Environmental Specialist/Consultant 10 $ 95.00 $ 950.00 Success: All values provided #1-9 GIS Specialist/Computer Analyst 10 $ 50.00 $ 500.00 Success: All values provided #1-10 Environmental Field Technician 10 $ 75.00 $ 750.00 Success: All values provided #1-11 Engineer/Scientist/Professional 10 $ 150.00 $ 1,500.00 Supplemental ICS Staffing Success: All values provided #2-1 Deputy Incident Commander 80 $ 165.00 $ 13,200.00 Success: All values provided #2-2 Public Information Officer 80 $ 150.00 $ 12,000.00 Success: All values provided #2-3 Planning Officer 80 $ 150.00 $ 12,000.00 Success: All values provided #2-4 Operations Officer 80 $ 150.00 $ 12,000.00 Success: All values provided #2-5 Logistics Officer 80 $ 150.00 $ 12,000.00 Success: All values provided #2-6 Finance/Administration Officer 80 $ 150.00 $ 12,000.00 Success: All values provided #2-7 Section Lead 80 $ 135.00 $ 10,800.00 Success: All values provided #2-8 Division Lead 80 $ 135.00 $ 10,800.00 Success: All values provided #2-9 Group Lead 80 $ 135.00 $ 10,800.00 Success: All values provided #2-10 Branch Lead 80 $ 135.00 $ 10,800.00 Responses Success: All data is valid! Text Numeric Status Bid/No Bid Decision # Item Quantity Required Item Description Unit Price Total Cost Additional Services Success: All values provided Bid #1-1 Additional Service 1 1 Senior Public Assistance Specialist $ 193.00 $ 193.00 Success: All values provided Bid #1-2 Additional Service 2 1 Senior Grants Specialist $ 193.00 $ 193.00 Success: All values provided Bid #1-3 Additional Service 3 1 Senior Planning Specialist $ 193.00 $ 193.00 Success: All values provided Bid #1-4 Additional Service 4 1 Senior Hazard Mitigation Specialist $ 196.00 $ 196.00 Success: All values provided Bid #1-5 Additional Service 5 1 Hazard Mitigation Specialist $ 168.00 $ 168.00 Success: All values provided Bid #1-6 Additional Service 6 1 PA Program Manager $ 206.00 $ 206.00 Success: All values provided Bid #1-7 Additional Service 7 1 Debris Operations Manager $ 72.00 $ 72.00 Success: All values provided Bid #1-8 Additional Service 8 1 Debris Data Manager $ 62.00 $ 62.00 Not Bidding No Bid #1-9 Additional Service 9 1 - Not Bidding No Bid #1-10 Additional Service 10 1 - Contract No. 20220412 Exhibit D: FEMA Contract Provisions Guide EXHIBIT D FEMA CONTRACT PROVISIONS GUIDE i Contract Provisions Guide Navigating Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Procurement Disaster Assistance Team (PDAT) June 2021 (FI-207-21-0001) Contract Provisions Guide ii This page intentionally left blank. Contract Provisions Guide 1 Table of Contents Introduction .................................................................................................................................. 4 Summary of Applicable Federal Procurement Standards ............................................................... 5 Policy and Guidance Document(s) Incorporated and Superseded ................................................. 6 Document Management and Maintenance ..................................................................................... 6 Contract Provisions Quick Reference Guide .................................................................................... 7 Required Contract Provisions ...................................................................................................... 9 1. Remedies ................................................................................................................................ 9 1.1 Applicability ............................................................................................................... 9 1.2 Additional Considerations ........................................................................................ 9 2. Termination for Cause and Convenience .............................................................................. 9 2.1 Applicability ............................................................................................................... 9 3. Equal Employment Opportunity ........................................................................................... 10 3.1 Applicability ............................................................................................................. 10 3.2 Key Definitions ........................................................................................................ 10 3.3 Required Language ................................................................................................ 10 4. Davis-Bacon Act .................................................................................................................... 13 4.1 Applicability ............................................................................................................. 13 4.2 Additional Requirements ....................................................................................... 14 4.3 Required Language ................................................................................................ 14 5. Copeland “Anti-Kickback” Act .............................................................................................. 14 5.1 Applicability ............................................................................................................. 15 5.2 Additional Requirements ....................................................................................... 15 5.3 Suggested Language ............................................................................................. 16 6. Contract Work Hours and Safety Standards Act ................................................................. 16 6.1 Applicability ............................................................................................................. 16 6.2 Additional Requirements ....................................................................................... 17 6.3 Required Language ................................................................................................ 17 Contract Provisions Guide 2 6.4 Suggested Language ............................................................................................. 18 7. Rights to Inventions Made Under a Contract or Agreement .............................................. 18 7.1 Applicability ............................................................................................................. 19 7.2 Key Definitions ....................................................................................................... 19 8. Clean Air Act and Federal Water Pollution Control Act ....................................................... 19 8.1 Applicability ............................................................................................................. 19 8.2 Suggested Language ............................................................................................. 19 9. Debarment and Suspension ................................................................................................ 20 9.1 Applicability ............................................................................................................. 20 9.2 Additional Requirements ....................................................................................... 21 9.3 Suggested Language ............................................................................................. 21 10. Byrd Anti-Lobbying Amendment ........................................................................................... 22 10.1 Applicability ............................................................................................................. 23 10.2 Suggested Language ............................................................................................. 23 10.3 Required Certification ............................................................................................ 23 11. Procurement of Recovered Materials .................................................................................. 25 11.1 Applicability ............................................................................................................. 25 11.2 Additional Requirements ....................................................................................... 25 11.3 Suggested Language ............................................................................................. 25 12. Prohibition on Contracting for Covered Telecommunications Equipment or Services ..... 26 12.1 Applicability ............................................................................................................. 26 12.2 Suggested Language ............................................................................................. 27 13. Domestic Preferences for Procurements ............................................................................ 29 13.1 Applicability ............................................................................................................. 29 13.2 Suggested Language ............................................................................................. 29 FEMA Recommended Contract Provisions............................................................................... 30 1. Access to Records ................................................................................................................. 30 1.1 Suggested Language for All Procurements .......................................................... 30 Contract Provisions Guide 3 1.2 Additional Suggested Language Applicable to Contracts Entered into After August 1, 2017 Under a Major Disaster or Emergency Declaration .................. 31 2. Changes ................................................................................................................................. 31 2.1 Applicability ............................................................................................................. 31 3. DHS Seal, Logo, and Flags ................................................................................................... 31 3.1 Applicability ............................................................................................................. 31 3.2 Suggested Language .................................................................................................. 31 4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding ........................................................................................................................... 32 4.1 Applicability ............................................................................................................. 32 4.2 Suggested Language ............................................................................................. 32 5. No Obligation by Federal Government ................................................................................ 32 5.1 Applicability ............................................................................................................. 32 5.2 Suggested Language ............................................................................................. 33 6. Program Fraud and False or Fraudulent Statements or Related Acts............................... 33 6.1 Applicability ............................................................................................................. 33 6.2 Suggested Language ............................................................................................. 33 7. Affirmative Socioeconomic Steps ........................................................................................ 33 7.1 Applicability ............................................................................................................. 34 7.2 Suggested Language ............................................................................................. 34 8. Copyright and Data Rights ................................................................................................... 34 8.1 Applicability ............................................................................................................. 34 8.2 Suggested Language ............................................................................................. 34 Appendix .................................................................................................................................... 36 Acronyms .......................................................................................................................................... 36 Definitions ........................................................................................................................................ 37 Contract Provisions Guide 4 Introduction FEMA grant recipients and subrecipients (also known as non-federal entities or NFEs)1 will often use contractors to help them carry out work under their awards. These contracts are a commercial transaction between the NFE and its contractor, and FEMA has no contractual relationship with NFEs’ contractors. Although FEMA is not a party to the contract, if an NFE is using federal funding to pay for the contract, the NFE must comply with federal laws, including the federal procurement standards. This Guide is applicable to all NFEs purchasing in support of declarations and FEMA awards issued on or after November 12, 2020 and reflects Office of Management and Budget (OMB) revisions to the federal procurement standards. For FEMA declarations and awards issued between December 26, 2014 and November 11, 2020 please refer to the Contract Provisions Template. While the Contract Provisions Template is only directly applicable to FEMA’s Public Assistance (PA) Program, all FEMA grant recipients and subrecipients are encouraged to review this resource since it provides guidance on the federal procurement under grants regulations. The federal procurement standards for NFEs are described in Title 2 of the Code of Federal Regulations (C.F.R.), Part 200, sections 200.317-200.327. 2 C.F.R. § 200.327 states that “the non- federal entity's contracts must contain the applicable provisions described in Appendix II to this part” (emphasis added). This Guide is designed to help FEMA grant recipients and subrecipients navigate Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, including providing mandatory language and/or suggested language for each required contract provision. This Guide also describes contract clauses that FEMA recommends in addition to those required by 2 C.F.R. Part 200. This Guide provides: Sample language or references to find sample language for some of the federally required clauses. Required language for clauses that require exact language. 1 Non-federal entity is defined as a state, local government, Indian tribe, institution of higher education, or nonprofit organization carrying out a federal award as a recipient or subrecipient. 2 C.F.R. § 200.1. State is defined as “any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.” 2 C.F.R. § 200.1. The term “non-state entity” therefore refers to a non-federal entity other than a state, which includes local and tribal governments as well as nonprofit organizations. Contract Provisions Guide 5 Sample language for some of the federally recommended clauses. This Guide does not provide: Sample language for certain federally required or recommended clauses that must be included in accordance with the NFE’s applicable laws, rules, and procedures. Provisions required by applicable state, tribal, or local laws or rules separate from the federal provisions. Many of the provisions described in this Guide only apply when certain circumstances are present, such as the type of work being procured, the dollar amount, or the date when it is procured. Each section will describe the applicable requirements. NOTE: The NFE is solely responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. Part 200, including 2 C.F.R. § 200.327 and Appendix II. While the Contract Provisions Guide provides general guidance, NFEs should reach out to their applicable FEMA grant program representative(s) if they have specific questions on the applicability of the contract provisions to a particular FEMA grant program. NFEs are encouraged to visit www.fema.gov for additional information regarding FEMA grant programs and www.fema.gov/grants/procurement for procurement under grants reference material. Summary of Applicable Federal Procurement Standards For the NFE to determine which federal procurement rules to follow, it must first determine whether it is a state entity or a non-state entity. Below are the federal procurement rules applicable to state and non-state entities effective November 12, 2020: State entities 2, including their agencies and instrumentalities, must follow their own documented procurement policies and procedures when purchasing under a FEMA award pursuant to 2 C.F.R. § 200.317. These entities must also comply with socioeconomic affirmative steps (2 C.F.R. § 200.321), requirement for domestic preferences for procurement (2 C.F.R. § 200.322), the requirements for procurement of recovered materials (2 C.F.R. § 200. 323) and ensure that all necessary contract provisions are included in their contracts (2 C.F.R § 200.327). NFEs other than states (collectively referred to as non-state entities 3), which include local governments, tribes and eligible private nonprofit organizations, must have documented procurement policies and procedures, which reflect applicable local, state or tribal law, and ensure compliance with the federal requirements listed at 2 C.F.R. §§ 200.318 – 200.327. 2 A state entity is “any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.” 2 C.F.R. § 200.1 3 A non-state entity is any non-federal entity (as defined above) other than a state (as defined above). Contract Provisions Guide 6 In the case of noncompliance with the federal procurement rules, FEMA may apply a remedy, as appropriate, in accordance with its authorities found at 2 C.F.R. § 200.339 Remedies for Noncompliance. Policy and Guidance Document(s) Incorporated and Superseded This Guide supersedes the Contract Provisions Template and other provisions pertaining to the procurement under grants process in policy or guidance circulated prior to the publication date of the Contract Provisions Guide. This Guide provides the most updated and authoritative information regarding required provisions under Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and FEMA-recommended contract provisions. Document Management and Maintenance FEMA Policy FI-207-21-0001, Contract Provisions Guide, will be reviewed, reissued, revised, and/or rescinded within four years for the issue date. The Procurement Disaster Assistance Team (PDAT), a subcomponent of FEMA’s Grant Programs Directorate’s (GPD) Policy Division, developed this Guide to provide accurate and updated information to assist both FEMA staff and FEMA award recipients and subrecipients navigate Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. PDAT is responsible for the management and maintenance of this Guide. Comments and feedback from FEMA personnel and stakeholders regarding this Guide should be directed to the Grants Program Directorate Policy Division at FEMA headquarters (HQ) at FEMA- GPD-Policy@fema.dhs.gov. Contract Provisions Guide 7 Contract Provisions Quick Reference Guide Tables A and B are designed to help FEMA grant recipients and subrecipients conduct a quick reference of the applicability of a specific contract provision and whether sample contract language is included within this Guide to incorporate within the NFE’s contract. The Tables are divided between the required contract provisions set forth under 2 C.F.R. Part 200 Appendix II and those that FEMA recommends in addition to those required by 2 C.F.R. Part 200. Table A: Required Contract Provisions (continued next page) Provision (Appendix II Section) Applicability Sample Contract Language Included 1 Legal/contractual/administrative remedies for breach of contract Greater than Simplified Acquisition Threshold (SAT)- $250,000 No. It is based on NFE’s procedures. 2 Termination for cause and convenience Greater than $10,000 No. It is based on NFE’s procedures. 3 Equal Employment Opportunity Construction work Yes. Exact language from 41 C.F.R. § 60-1.4(b) included. 4 Davis-Bacon Act Construction work Yes, via reference to required language at 29 C.F.R. § 5.5(a). 5 Copeland “Anti-Kickback” Act Construction work greater than $2,000 Yes. 6 Contract Work Hours and Safety Standards Act Greater than $100,000 + mechanics or laborers Yes. Exact language required from 29 C.F.R. § 5.5(b). 7 Rights to inventions made under a contract or agreement Funding agreement Yes. 8 Clean Air Act and federal Water Pollution Control Act Greater than $150,000 Yes. 9 Debarment and Suspension Greater than $25,000 Yes. 10 Byrd Anti-Lobbying Amendment Greater than $100,000; and Certification required for all contracts greater than $100,000 Yes. Clause and certification. Contract Provisions Guide 8 Provision (Appendix II Section) Applicability Sample Contract Language Included 11 Procurement of Recovered Materials NFE is a state or political subdivision of a state. Work involves the use of materials and the contract is for more than $10,000. Yes. 12 Prohibition on Contracting for Covered Telecommunications Equipment or Services All FEMA declarations and awards issued on or after November 12, 2020. Yes. 13 Domestic Preferences for Procurements All FEMA declarations and awards issued on or after November 12, 2020. Yes. Table B: Recommended Contract Provisions Provision Applicability Sample Contract Language Included 1 Access to Records All Yes. 2 Contract Changes or Modifications All No. It depends on nature of contract and end-item procured. 3 DHS Seal, Logo, and Flags All Yes. 4 Compliance with federal Law, Regulations and Executive Orders All Yes. 5 No Obligation by Federal Government All Yes. 6 Program Fraud and False or Fraudulent Statements or Related Acts All Yes. 7 Affirmative Socioeconomic Steps State entities: all FEMA declarations and awards issued on or after November 12, 2020. Non-state entities: all procurements Yes. 8 Copyright All procurements that may involve creation of copyrightable material. Yes. Contract Provisions Guide 9 Required Contract Provisions 1. Remedies Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties as appropriate.5 1.1 Applicability This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision. 1.2 Additional Considerations For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of god. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov. 2. Termination for Cause and Convenience Contracts for more than $10,000 must address termination for cause and for convenience by the non-federal entity, including how it will be carried out and the basis for settlement.6 2.1 Applicability This contract provision is required for procurements exceeding $10,000. FEMA suggests including a termination for cause and for convenience in all contracts even when not required. 4 See FEMA Grant Programs Directorate Information Bulletin No. 434, Increases and Changes to the Micro- Purchase and Simplified Acquisition Thresholds (Aug. 28, 2018), https://www.fema.gov/sites/default/files/2020- 08/ib_434_changes_micro_purch_simp_acquisition_thresholds.pdf. For procurements subject to 2 C.F.R. Part 200 that were made before June 20, 2018, the SAT was $150,000. 5 2 C.F.R. Part 200, Appendix II, § A. 6 See 2 C.F.R. Part 200, Appendix II, § B. Contract Provisions Guide 10 3. Equal Employment Opportunity Any contract that uses federal funds to pay for construction work is a “federally assisted construction contract” and must include the equal opportunity clause found in 2 C.F.R. Part 200, unless otherwise stated in 41 C.F.R. Part 60.7 3.1 Applicability This contract provision is required for all procurements that meet the definition of a “federally assisted construction contract.” 3.2 Key Definitions 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.” 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.” Contract: The regulation at 41 C.F.R. § 60-1.3 defines contract as “any Government contract or subcontract or any federally assisted construction contract or subcontract.” Additional definitions pertaining to this contract provision can be found at 41 C.F.R. § 60-1.3. 3.3 Required Language The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: “During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual 7 See 2 C.F.R. Part 200, Appendix II, § C. Contract Provisions Guide 11 orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Contract Provisions Guide 12 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.” Contract Provisions Guide 13 4. Davis-Bacon Act This statute requires that contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the Secretary of Labor’s wage determination. Additionally, contractors are required to pay wages at least once per week.8 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. § 5.2. NFEs should refer to the applicable NOFO or other program guidance or contact their applicable FEMA grant representative for additional information on how to implement this requirement. 4.1 Applicability When required by the federal program legislation, prime construction contracts over $2,000 awarded by NFEs must include a provision for compliance with the Davis-Bacon Act.9 The Davis-Bacon Act only applies to the Emergency Management Performance Grant Program,10 Homeland Security Grant Program,11 Nonprofit Security Grant Program,12 Tribal Homeland Security Grant Program,13 Port Security Grant Program,14 Transit Security Grant Program,15 Intercity Passenger Rail Program,16 and Rehabilitation of High Hazard Potential Dams Program.17 Unless otherwise stated in a program’s authorizing statute, it does not apply to other FEMA grant and cooperative agreement programs, including the PA Program. . 8 See id.; 40 U.S.C. §§ 3141-3144 and 3146-3148. The Davis-Bacon Act is 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) 9 2 C.F.R. Part 200, Appendix II, § D. 10 See section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Pub. L. No. 93-288 (codified as amended at 42 U.S.C. § 5196(j)(9)). 11 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002, Pub. L. No. 107-296 (codified as amended at 6 U.S.C. § 609(b)(4)(B)(ii)) (citing to section 611(j)(9) of the Stafford Act). 12 Id. The Davis-Bacon Act only applies to the Nonprofit Security Grant Program (NSGP) where that program is funded as a carve-out of the appropriations for the Homeland Security Grant Program (HSGP). See, e.g., Department of Homeland Security Appropriations Act, 2020, Pub. L. No. 116-93, Title III, Protection, Preparedness, Response, and Recovery, Federal Emergency Management Agency, Federal Assistance §§ 1-2. Compare id. with section 2009 of the Homeland Security Act of 2002 (6 U.S.C. § 609a) (authorizing NSPG as a stand-alone program where the Davis-Bacon Act does not apply, but as of the date of publication of this document, NSGP has not been funded as a standalone program). 13 See section 2008(b)(4)(B)(ii) of the Homeland Security Act of 2002. 14 See section 102 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. No. 107-295 (codified as amended at 46 U.S.C. § 70107); 46 U.S.C. § 70107(b)(2). While the MTSA requires that PSGP construction activities are carried out consistent with section 611(j)(8) of the Stafford Act, a subsequent amendment to the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of section 611(j)(8) to 611(j)(9). The cross-reference in the MTSA has not been updated. 15 See section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), Pub. L. No. 110-53 (6 U.S.C. § 1135) (applying the requirements of section 49 U.S.C. § 5307); 49 U.S.C. § 5333 (applying the Davis-Bacon Act to grants provided under 49 U.S.C. § 5307). 16 See section 1513(h) of the 9/11 Act (6 U.S.C. § 1163(h)) (citing to 49 U.S.C. § 24312, which requires compliance with the Davis-Bacon Act). 17 See section 8A(d)(2)(E) of the National Dam Safety Program Act (codified as amended at 33 U.S.C. § 467f- 2(d)(2)(E)) (requiring compliance with 42 U.S.C. § 5196(j)(9), which is section 611(j)(9) of the Stafford Act that applies the Davis-Bacon Act). Contract Provisions Guide 14 4.2 Additional Requirements If applicable, in addition to the requirements mentioned in the beginning of this section, the NFE must do the following: Place a copy of the Department of Labor’s current prevailing wage determination in each solicitation. Contracts or subcontracts must be awarded on the condition that the prevailing wage determination is accepted. The non-federal entity must report all suspected or reported violations to the federal awarding agency.18 Include a provision for compliance with the Copeland “Anti-Kickback” Act for all contracts subject to the Davis-Bacon Act.19 See Required Contract Provisions, Section 5. Copeland Anti-Kickback Act in this Guide for additional information. According to 29 C.F.R. § 5.5(a)(5), the regulatory requirements for the Copeland “Anti-Kickback” Act are incorporated by reference into the required contract provision, so a separate contract provision is not necessary. However, the NFE may include a separate contract provision specific to the Copeland “Anti-Kickback” Act. Per Department of Labor’s implementing regulations for the Davis-Bacon Act, the NFEs contractor and any subcontractors are required to insert, or incorporate by reference, the clauses contained at 29 C.F.R. § 5.5(a)(1)-(10)20 into any subcontracts. Follow the other requirements of the Davis-Bacon Act and implementing regulations.21 4.3 Required Language 22 If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.23 5. Copeland “Anti-Kickback” Act The Copeland "Anti-Kickback" Act prohibits workers on construction contracts from giving up wages that they are owed.24 Additional requirements are listed below, and relevant definitions are at 29 C.F.R. § 3.2. The applicable implementing regulations are intended to assist with enforcement of the 18 2 C.F.R. Part 200, Appendix II, § D. 19 2 C.F.R. Part 200, Appendix II, § D. 20 29 C.F.R. § 5.5(a)(6). 21 40 U.S.C. §§ 3141-3144, 3146-3148; 29 C.F.R. Part 5. 22 29 C.F.R. § 5.5(a). 23 29 C.F.R. § 5.5(a)(1), (6). 24 See id.; 40 U.S.C. § 3145. The Copeland “Anti-Kickback” Act is 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). Contract Provisions Guide 15 Davis-Bacon Act’s minimum wage provisions as well as various statutes with similar minimum wage provisions for federally assisted construction.25 5.1 Applicability For all prime construction contracts above $2,000, when the Davis-Bacon Act also applies,26 NFEs must include a provision in contracts and subcontracts for compliance with the Copeland “Anti- Kickback” Act.27 This requirement applies to all prime construction contracts above $2,000 in situations where the Davis-Bacon Act also applies.28 In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback” Act. As described in section A.4 regarding the Davis-Bacon Act, this provision only applies to certain FEMA grant and cooperative agreement programs. Please reference that list discussed above. Of note, it does not apply to the PA Program. 5.2 Additional Requirements If applicable, the NFE must do the following: Include a provision for compliance with the Copeland “Anti-Kickback” Act.29 According to the Davis-Bacon Act implementing regulations, the requirements for the Copeland “Anti-Kickback” Act are incorporated into the required contract provision for the Davis-Bacon Act by reference.30 Therefore, a separate contract provision is not necessary. However, the NFE may include a separate contract provision specific to the Copeland “Anti-Kickback” Act with language suggested below. The Copeland “Anti-Kickback Act” prohibits each contractor or subcontractor from any form of persuading a person employed in construction, completion, or repair of public work to give up any part of their rightful compensation. The NFE must report all suspected or reported violations of the Copeland “Anti-Kickback Act” to FEMA.31 Each contractor and subcontractor must provide weekly reports of the wages paid during the prior week’s payroll period to each employee covered by the “Copeland Anti-Kickback” Act and the Davis-Bacon Act. The reports must be delivered to a representative of a federal or state agency in charge at the building or work site by the contractor or subcontractor within seven days of the payroll period’s payment date.32 25 See 29 C.F.R. § 3.1. 26 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. §§ 3.1, 3.3(c). 27 2 C.F.R. Part 200, Appendix II, § D. 28 See 2 C.F.R. Part 200, Appendix II, § D; 29 C.F.R. § 3.3(c). 29 See 29 C.F.R. § 3.11. 30 29 C.F.R. § 5.5(a)(5). 31 See 2 C.F.R. Part 200, Appendix II, § D. 32 See 29 C.F.R. § 3.4. Contract Provisions Guide 16 Follow the other requirements of the Copeland “Anti-Kickback” Act and implementing regulations.33 5.3 Suggested Language The following provides a sample contract clause: “Compliance with the Copeland “Anti-Kickback” Act. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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. 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.” 6. Contract Work Hours and Safety Standards Act Where applicable,34 all contracts awarded by the NFE of more than $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with statutory requirements on work hours and safety standards.35 Under 40 U.S.C. § 3702, each contractor must base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. § 3704, work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe. Relevant definitions are at 40 U.S.C. § 3701 and 29 C.F.R. § 5.2. 6.1 Applicability This required contract provision applies to all procurements over $100,000 that involve the employment of mechanics, laborers, and construction work.36 These requirements do not apply to 33 18 U.S.C. § 874; 40 U.S.C. § 3145; 29 C.F.R. Part 3. 34 See 40 U.S.C. §§ 3701-3708. 35 40 U.S.C. §§ 3702, 3704. The Contract Work Hours and Safety Standards Act is supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E. 36 41 C.F.R. Part 60-1.3. Contract Provisions Guide 17 the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.37 6.2 Additional Requirements If applicable per the standard described above, the non-federal entity must include the provisions at 29 C.F.R. § 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must include these provisions, in full, into any subcontracts.38 In addition to the required language from 29 C.F.R. § 5.5(b)(1)-(4), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1, the NFE must also insert a clause meeting the requirements of 29 C.F.R. § 5.5(c). Specific language is not required, but FEMA has provided suggested language below. 6.3 Required Language For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is provided here for ease of reference: “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 (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or subrecipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other 37 2 C.F.R. Part 200, Appendix II, § E. 38 29 C.F.R. § 5.5(b)(1), (4). Contract Provisions Guide 18 federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.” 6.4 Suggested Language For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 where an additional contract provision is required, FEMA suggests including the following language: “Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.” 7. Rights to Inventions Made Under a Contract or Agreement This contract provision outlines the rules governing the ownership of inventions created using federal funds. If the FEMA award meets the definition of funding agreement 39 and the NFE enters into any contract involving substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, then the NFE must comply with the requirements of 37 C.F.R. Part 401 and any implementing regulations issued by FEMA. 39 Funding agreement definition found under 37 C.F.R. § 401.2(a). Contract Provisions Guide 19 7.1 Applicability This provision does not apply to all FEMA grant and cooperative agreement programs. NFEs should refer to applicable NOFO or other program guidance or contact their applicable FEMA grant representative to determine if this provision is required for the procurement. However, the Rights to Inventions Made Under a Contract or Agreement clause is not required for procurements under FEMA’s PA Program. 7.2 Key Definitions Funding Agreements: The regulation at 37 C.F.R. § 401.2(a) 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.” 8. Clean Air Act and Federal Water Pollution Control Act For contracts over $150,000, contracts must contain a provision requiring contractors to comply with the Clean Air Act 40 and the Federal Water Pollution Control Act.41 Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency (EPA).42 8.1 Applicability This contract provision is required for all procurements over $150,000. 8.2 Suggested Language The following provides a sample contract clause: “Clean Air Act” The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the (insert name of non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to 40 42 U.S.C. §§ 7401-7671q. This also includes all applicable standards, orders, or regulations issued pursuant to the Clean Air Act. 41 33 U.S.C. §§ 1251-1387, as amended. 42 2 C.F.R. Part 200, Appendix II, § G. Contract Provisions Guide 20 assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA. “Federal Water Pollution Control Act” The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the (insert name of the non-federal entity entering into the contract) and understands and agrees that the (insert name of the non- federal entity entering into the contract) will, in turn, report each violation as required to assure notification to the (insert name of the pass-through entity, if applicable), Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.” 9. Debarment and Suspension NFEs contractors and subcontractors are subject to debarment and suspension regulations.43 Applicable contracts and subcontracts must include a provision requiring compliance with debarment and suspension regulations.44 9.1 Applicability The debarment and suspension clause is required for all contracts and subcontracts for $25,000 or more, all contracts that require the consent of an official of a federal agency, and all contracts for federally required audit services.45 NFEs, even for procurements under $25,000, must also comply with the regulation requiring non- state entities to only award contracts to responsible vendors.46 43 2 C.F.R. Part 180 (implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989)); 2 C.F.R. Part 3000 (Department of Homeland Security regulations for Nonprocurement Debarment and Suspension, implementing 2 C.F.R. Part 180). 44 2 C.F.R. § 180; 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 3000.332. 45 2 C.F.R. § 180.220(b); 2 C.F.R. § 3000.220. 46 2 C.F.R. § 200.318(h). For contracts and subcontracts under $25,000, a contract provision is only required if those contracts or subcontracts are for federally required audit services or require the consent of a federal agency. However, even where a contract provision is not required, non-state entities must still ensure they are only awarding contracts to responsible vendors. Contract Provisions Guide 21 9.2 Additional Requirements The debarment and suspension regulations restrict awards, subawards, contracts, and subcontracts with parties that are debarred, suspended, or otherwise excluded, or declared ineligible for participation in federal assistance programs and activities.47 If applicable, a contract or subcontract must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM). SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties that are debarred, suspended, or otherwise excluded, or declared ineligible under statutory or regulatory authority other than Executive Order 12549.48 SAM Exclusions can be accessed at www.sam.gov.49 In general, an “excluded” party cannot receive a federal grant award or a contract considered to be a “covered transaction,” which includes parties that receive federal funding indirectly such as subawards and subcontracts. The key to the exclusion is whether there is a covered transaction. A covered transaction is a nonprocurement transaction at either a primary or secondary tier.50 Specifically, a covered transaction includes the following contracts for goods or services under FEMA grant and cooperative agreement programs: The contract is at least $25,000. The contract requires the approval of FEMA, regardless of amount. The contract is for federally required audit services. It is a subcontract for $25,000 or more.51 9.3 Suggested Language The following provides a debarment and suspension clause. It also incorporates an optional method of verifying that contractors are not excluded or disqualified 52: 47 See 2 C.F.R. Part 200, Appendix II, § H; 2 C.F.R. § 200.213. See also 2 C.F.R. Parts 180, 3000. 48 See 2 C.F.R. Part 200, Appendix II, § H. 49 2 C.F.R. § 180.530. 50 The regulations at 2 C.F.R. Parts 180 and 3000 are titled “nonprocurement” because they do not apply to procurements by the federal government but rather to federal financial assistance. There are separate debarment and suspension regulations covering procurements by the federal government. However, although the term “covered transactions” under 2 C.F.R. Parts 180 and 3000 does not include contracts awarded by the federal government, it does include some contracts awarded by recipients and subrecipients. 51 See 2 C.F.R. §§ 180.220, 3000.220. 52 Per 2 C.F.R. § 180.300, non-federal entity about to enter into an applicable contract, or a contractor about to entire into an applicable subcontract, must verify that the contractor or subcontractor is not excluded or disqualified by doing one of three things: 1) check SAM Exclusions; 2) collect a certification from the contractor or subcontractor; or 3) add a clause or condition to the contract or subcontract. The additional suggested language in this sample clause is for purposes of this requirement. Contract Provisions Guide 22 “Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” 10. Byrd Anti-Lobbying Amendment NFEs who intend to award contracts of more than $100,000, and their contractors who intend to award subcontracts of more than $100,000, must include a contract provision prohibiting the use of federal appropriated funds to influence officers or employees of the federal government. Contractors that apply or bid for a contract for more than $100,000 must also file the required certification regarding lobbying.53 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 employee of a federal agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. § 1352. 53 See 2 C.F.R. Part 200, Appendix II, § I (citing 31 U.S.C. § 1352); 44 C.F.R. § 18.110. Contract Provisions Guide 23 The required certification form is found in FEMA regulations.54 Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal funding. These disclosures are forwarded from tier to tier, all the way up to the federal awarding agency.55 10.1 Applicability The Byrd Anti-Lobbying Amendment clause and certification are required for contracts of more than $100,000, and for subcontracts of more than $100,000. 10.2 Suggested Language The following provides a sample contract clause: “Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.” 10.3 Required Certification 10.3.1 REQUIRED CERTIFICATION LANGUAGE If applicable, contractors must sign and submit the following certification to the NFE with each bid or offer exceeding $100,000: “APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 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 54 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix A. FEMA’s regulations at 44 C.F.R. Part 18 implement the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. 55 See 44 C.F.R. §§ 18.100, 18.110; 44 C.F.R. Part 18, Appendix B. The specific form for disclosures is referenced in Appendix B to 44 C.F.R. Part 18 and is SF-LLL, also available at https://www.grants.gov/web/grants/forms/sf-424-family.html. Contract Provisions Guide 24 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. 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. 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 section 1352, Title 31, U.S.C. 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.” 10.3.2 RECOMMENDED SIGNATURE LINE: At the end of the certification language, FEMA recommends including the following signature line. “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. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date” Contract Provisions Guide 25 11. Procurement of Recovered Materials An NFE that is a state agency or an agency of a political subdivision of a state, and the NFE’s contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFEs must include a contract provision requiring compliance with this requirement.57 This includes contracts awarded by a state agency or political subdivision of a state and its contractors for certain items, as designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments and nonprofit organizations are not required to comply with this provision. Additional requirements are listed below. 11.1 Applicability This required contract provision applies to all procurements over $10,000 made by a state agency or an agency of a political subdivision of a state and its contractors. 11.2 Additional Requirements The requirements include: Procuring only items designated in EPA guidelines 59 that contain the highest practical percentage of recovered materials consistent with maintaining competition, where the purchase price of the item is greater than $10,000, or the value of the amount of items purchased in the preceding fiscal year was greater than $10,000; Procuring solid waste management services in a way that maximizes energy and resource recovery; and Establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.60 11.3 Suggested Language The following provides a sample contract clause: “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— 56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). 2 C.F.R. § 200.323. 57 See 2 C.F.R. Part 200, Appendix II, § J (citing 2 C.F.R. § 200.323). 58 See 2 C.F.R. Part 200, Appendix II, § J; 2 C.F.R. § 200.323; 40 C.F.R. Part 247. 59 40 C.F.R. Part 247. 60 42 U.S.C. § 6962; 2 C.F.R. § 200.323. Contract Provisions Guide 26 Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 12. Prohibition on Contracting for Covered Telecommunications Equipment or Services Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA) and 2 C.F.R. § 200.216, as implemented by FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), prohibit the obligation or expending of federal award funds on certain telecommunication products or from certain entities for national security reasons. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 12.1 Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients, and their contractors and subcontractors, are required to include this contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders.61 FEMA strongly encourages the use of this contract clause for any contracts where 61 2 C.F.R. Part 200, Appendix II, § K (citing 2 C.F.R. § 200.216). Contract Provisions Guide 27 FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards issued on or after November 12, 2020. 12.2 Suggested Language The following provides a sample contract clause: “Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.” Contract Provisions Guide 29 13. Domestic Preferences for Procurements As appropriate, and to the extent consistent with law, NFEs should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.62 13.1 Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.63 13.2 Suggested Language The following provides a sample contract clause: “Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.” 62 See 2 C.F.R. § 200.322. 63 2 C.F.R. Part 200, Appendix II, § L (citing 2 C.F.R. § 200.322). The requirements of 2 C.F.R. § 200.322 must also be included in all subawards. Contract Provisions Guide 30 FEMA Recommended Contract Provisions Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for NFE contracts. Therefore, FEMA recommends the following: 1. Access to Records NFEs and their contractors and subcontractors must give the Department of Homeland Security (DHS) and FEMA access to records associated with their awards during the federally required record retention period and as long as the records are retained.64 All parties agree to comply with DHS provisions about accessing people, places, and things related to the federal financial award as necessary or as required by DHS regulations or other applicable laws and policies.65 Additionally, for contracts entered into after August 1, 2017, under a major disaster or emergency declaration under Titles IV or V of the Robert T. Stafford Disaster Relief Act, FEMA is prohibited from funding any contracts that prevent audits or internal reviews by the FEMA Administrator or Comptroller General.66 1.1 Suggested Language for All Procurements The following provides a sample contract clause: “The Contractor agrees to provide (insert non-federal entity), (insert name of pass-through entity, if applicable), 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. 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. 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. 64 2 C.F.R. §§ 200.334, 200.337. 65 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- terms-and-conditions. 66 See Sections 1202 and 1225 of the Disaster Recovery Reform Act of 2018, Pub. L. No. 115-254. Contract Provisions Guide 31 1.2 Additional Suggested Language Applicable to Contracts Entered into After August 1, 2017 Under a Major Disaster or Emergency Declaration The following provides a sample contract clause: In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the (insert name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.” 2. Changes To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable.67 2.1 Applicability FEMA recommends that all contracts include a changes clause 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 depend on the nature of the contract and the procured item(s) or service(s). The NFE should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations. 3. DHS Seal, Logo, and Flags Recipients must obtain permission before using the DHS seal(s), logos, crests, reproductions of flags, or likenesses of DHS agency officials.68 3.1 Applicability FEMA recommends that all NFEs include in their contracts a statement that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without FEMA’s pre-approval. 3.2 Suggested Language The following provides a sample contract clause: 67 See 2 C.F.R. § 200.403. 68 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- terms-and-conditions. Contract Provisions Guide 32 “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. The contractor shall include this provision in any subcontracts.” 4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding The NFEs and its contractors are required to comply with all federal laws, regulations, and executive orders. Additionally, recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.69 4.1 Applicability FEMA recommends that all NFEs include in their contracts a statement acknowledging that FEMA funding will be used in the contract, as well as a requirement that contractors will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 4.2 Suggested Language The following provides a sample contract clause: “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.” 5. No Obligation by Federal Government FEMA is not a party to any transaction between a NFE and its contractor. Therefore, FEMA is not subject to any obligations or liable to any party for any matter relating to the contract between an NFE and its contractor.70 5.1 Applicability FEMA recommends that the NFE include a statement in its contract that the federal government is not a party to the contract and, thus, is not subject to any obligations or liabilities to any party resulting from the contract. 69 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- terms-and-conditions. 70 See, e.g., 2 C.F.R. § 200.318(k) (stating that the NFE alone is responsible for the settlement of all contractual and administrative issues arising out of procurements). Contract Provisions Guide 33 5.2 Suggested Language The following provides a sample contract clause: “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.” 6. Program Fraud and False or Fraudulent Statements or Related Acts NFEs must comply with the requirements of the False Claims Act which prohibits submitting false or fraudulent claims for payment to the federal government.71 As a part of the contract with a NFE, contractors must acknowledge that 31 U.S.C. Chap. 38, regarding administrative remedies for false claims and statements,72 applies to their actions under their contract.73 6.1 Applicability FEMA recommends that contracts include a provision prohibiting making false or fraudulent claims to the federal government. 6.2 Suggested Language The following provides a sample contract clause: “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.” 7. Affirmative Socioeconomic Steps For procurements under FEMA declarations and awards issued on or after November 12, 2020, all NFEs are required to take the six affirmative steps to ensure use of small and minority businesses, women’s business enterprises, and labor surplus area firms when possible. One of the six steps is to require the prime contractor, if subcontracts are to be let, to take the five other affirmative steps,74 For procurements under FEMA declarations and awards issued between December 26, 2014, and November 12, 2020, this requirement only applies to non-state entities. 7131 U.S.C. §§ 3729-3733. 72 31 U.S.C. §§ 3801-3812 (detailing the administrative remedies for false claims and statements made). 73 See DHS Standard Terms and Conditions, available at https://www.dhs.gov/publication/fy15-dhs-standard- terms-and-conditions. 74 See 2 C.F.R. § 200.321; compare 2 C.F.R. § 200.317 (2019), with 2 C.F.R. § 200.317 in Office of Management and Budget, Guidance for Grants and Agreements, 85 Fed. Reg. 49,506, 49,552 (Aug. 13, 2020). Contract Provisions Guide 34 7.1 Applicability FEMA recommends that applicable NFEs include in their contracts a statement requiring prime contractors, if subcontracts are to be let, to take the required affirmative socioeconomic steps. 7.2 Suggested Language The following provides a sample contract clause: “If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.” 8. Copyright and Data Rights An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. § 200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same. 8.1 Applicability When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable subject matter and/or data for the NFE under the award, the NFE should include appropriate copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.75 8.2 Suggested Language The following provides a sample contract clause: “License and Delivery of Works Subject to Copyright and Data Rights” The Contractor grants to the (insert name of the non-federal entity), a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify 75 See 17 U.S.C. § 102. Contract Provisions Guide 35 such data and grant to the (insert name of the non-federal entity) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the non-federal entity) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity).” Contract Provisions Guide 36 Appendix Acronyms AFG: Assistance to Firefighter Grants CAGE: Commercial and Government Entity CFR: Code of Federal Regulations DHS: U.S. Department of Homeland Security DRRA: Disaster Recovery and Reform Act of 2018 EPA: U.S. Environmental Protection Agency FEMA: Federal Emergency Management Agency GPD: Grant Programs Directorate HQ: FEMA Headquarters NDAA: National Defense Authorization Act NFE: Non-Federal Entity NOFO: Notice of Funding Opportunity OMB: Office of Management and Budget PA: Public Assistance Program PNP: Private Non-Profit PDAT: Procurement Disaster Assistance Team SAM: System for Award Management SAT: Simplified Acquisition Threshold USC: United States Code Contract Provisions Guide 37 Definitions Contract: A legal instrument by which a FEMA award recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award.76 A contract, for the purposes of this Guide, does not mean a federal award or subaward. Contractor: Contractor means an entity that receives a contract.77 Cooperative agreement: A legal instrument of financial assistance between a federal awarding agency or pass-through entity and a non-Federal entity, that is consistent with 31 U.S.C. 6302- 6305.78 Federal awarding agency: The federal agency that provides a federal award directly to a non- Federal entity (NFE). The federal awarding agency discussed in this Guide is FEMA. Federal Emergency Management Agency (FEMA): FEMA’s statutory mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.79 Among other things: o FEMA administers its programs and carries out its activities through its headquarters offices in Washington, D.C.; ten Regional Offices; Area Offices for the Pacific, Caribbean, and Alaska; various Recovery Offices; and temporary Joint Field Offices (JFO). o FEMA administers numerous assistance programs annually for on a regular basis to increase the Nation’s preparedness, readiness and resilience to all hazards. These assistance programs are typically available to NFEs including, but not limited to, states, local governments, Indian Tribes, universities, hospitals, and certain private nonprofit organizations. o Each program is governed by the applicable federal law, regulations, executive orders and FEMA program-specific policies. As the Federal awarding agency for these programs, FEMA is responsible for the proper management and administration of these programs as otherwise required by law and enforcing the terms of the agreements it enters with NFEs that receive FEMA financial assistance, consistent with the requirements at 2 C.F.R. Part 200. 76 2 C.F.R. § 200.1 Contracts. 77 2 C.F.R. § 200.1 Contractor. 78 2 C.F.R. § 200.1 Cooperative agreement. 79 See Homeland Security Act of 2002, Pub. L. No. 107-296, § 503 (2002) (codified as amended at 6 U.S.C. § 313). Contract Provisions Guide 38 Federal award: The financial assistance that an NFE receives either directly from a Federal awarding agency or indirectly from a pass-through entity.80 In this Guide, the term is used interchangeably with “FEMA Award,” “grant,” and “financial assistance.” Grant agreement: A legal instrument of financial assistance between a Federal awarding agency or pass-through entity and an NFE that, consistent with 31 U.S.C. §§ 6302, 6304: Is used to transfer anything of value from the Federal awarding agency or pass-through entity to the NFE to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and does not include an agreement that provides only: o Direct United States government cash assistance to an individual; o A subsidy; o A loan; o A loan guarantee; or o Insurance. Indian tribe (or “federally recognized Indian tribe”): Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (25 U.S.C. 450b(e)).81 See annually published Bureau of Indian Affairs list of Indian Entities Recognized and Eligible to Receive Services. For the purposes of this Guide, used interchangeably with “Indian Tribal government”. Local government: Local government 82 means any unit of government within a state, including a: o County o Borough o Municipality o City o Town o Township o Parish o Special district o School District o Intrastate district o Council of governments, whether incorporated or not as a nonprofit corporation under state law o Local public authority, including any public housing agency under the United States Housing Act of 1937 o Any other agency or instrumentality of a multi- regional, or intra-state or local government 80 2 C.F.R. § 200.1 Federal award. 81 2 C.F.R. § 200.1 Indian tribe. 82 2 C.F.R. § 200.1 Local government. Contract Provisions Guide 39 Non-Federal Entity (NFE): A state, local government, Indian tribe, Institution of Higher Education, or eligible private nonprofit organization that carries out a federal award as a recipient or subrecipient.83 In this Guide, NFEs include state and non-state entities. Non-State Entity: A non-state entity is an eligible FEMA award recipient or subrecipient that does not meet the definition of a “state under 2 CFR 200.1. Nonprofit organization (in this Guide, it is used interchangeably with “Private Nonprofit Organization or PNP”): Nonprofit organization 84 means any corporation, trust, association, cooperative, or other organization, not including Institutions of Higher Education, that: Recipient: An NFE that receives a federal award directly from a Federal awarding agency to carry out an activity under a federal program. The term recipient does not include subrecipients.85 A recipient is responsible for administering the federal award in accordance with applicable federal laws. Examples of recipients include state, Indian tribe, or territorial governments. Pass-through entity: A recipient that provides a subaward to a subrecipient to carry out part of a federal program is known as the pass-through entity.86 Pass-through entities are responsible for processing subawards to subrecipients and ensuring subrecipient compliance with the terms and conditions of the FEMA award agreement. Political Subdivision: A political subdivision means the unit of government that the State determines to have met the State’s legislative definition of a political subdivision.87 Simplified Acquisition Threshold (SAT): Simplified acquisition threshold means the dollar amount below which an NFE may purchase property or services using small purchase methods. NFEs adopt small purchase procedures to expedite the purchase of items costing less than the simplified acquisition threshold. The federal SAT is set by the FAR at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908.88 As of June 2018, the federal SAT is $250,000,89 but is periodically adjusted for inflation. State: State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.90 In this Guide, state is used interchangeably with “state entity”. 83 2 C.F.R. § 200.1 Non-Federal entity. 84 2 C.F.R. § 200.1 Nonprofit organization. 85 2 C.F.R. § 200.1 Recipient. 86 2 C.F.R. § 200.1 Pass-through entity. 87 40 C.F.R. § 35.6015(a) Political subdivision 88 2 C.F.R. § 200.1 Simplified acquisition threshold. 89 Section 805 codified at 41 U.S.C. § 134; OMB Memo (M-18-18), available at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-18.pdf. 90 2 C.F.R. § 200.1 State. Some hospitals and IHEs as defined by 2 C.F.R. § 200.1 Hospitals and 2 C.F.R. § 200.1 Institutions of Higher Education respectively, may meet the definition of a State. Contract Provisions Guide 40 Subaward: An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.91 In this Guide, the term is used interchangeably with “subgrant.” Subrecipient: An NFE that receives a subaward from a pass-through entity to carry out part of a federal program but does not include an individual that is a beneficiary of such program.92 Uniform Rules: The series of regulations found at 2 C.F.R. Part 200 that establishes Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards to NFEs. The Uniform Rules are referred to by several names throughout the remaining portions of this Guide. Some of the names include standards, requirements, rules, and regulations. 91 2 C.F.R. § 200.1 Subaward. 92 2 C.F.R. § 200.1 Subrecipient. Contract No. 20220412 Exhibit E: Sample Work Order EXHIBIT E SAMPLE WORK ORDER WORK ORDER NO.____ STATEMENT OF WORK FOR DEBRIS MONITORING SERVICES This Task Order No. ___, Statement of Work for _____________________________ for the _____________________________ (“Task Order”) effective as of _____________________________, between the Village of Key Biscayne (“Village”) and Witt O’Brien’s, LLC (“Consultant”). WHEREAS, this Task Order is in support of the _______________________ (“Agreement”), dated __________________, and attached herein as an exhibit; WHEREAS, the Village selected the Village to provide Services, as defined in the proposal (“Proposal”) dated __________________, and attached herein as an exhibit; NOW, THEREFORE, in consideration of the terms and conditions contained in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Village and Consultant hereby agree as follows: 1. Parties mutually agree to add the following terms (if applicable): ____________________ 2. Parties mutually agree to add the following specific scope: ____________________ 3. Parties mutually agree to add the following performance period: ____________________ 4. Parties mutually agree to add the following not to exceed amount: ____________________ 5. Other Terms and Conditions: All other terms and conditions of the basic Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, execute this Task Order to be effective as of the date set forth above. Village of Key Biscayne, Witt O’Brien’s, LLC Name: Title: Name: Title: