Okaloosa County BOCC — March 18, 2013 — reading text

Coordinator in all aspects of the process. The County is currently creating an Okaloosa RESTORE Act Committee (ORAC) that would consist of citizen members empanelled to assist the coordinator with the development of what we’re calling the Okaloosa County 5-year plan. This plan will outlay the county’s evaluation/awarding process of project submittals consistent with rules adopted by the U.S. Treasure Department (yet be to be provided). This advisory committee to the County will further serve to critique project submittals and providing rankings or prioritizations and ultimately make recommendations to the Board for awards. The consultant will work closely with this committee in the development of the 5-year plan and then continue throughout the committee’s evaluation of projects to facilitate the process and to ensure consistency in their application of the Board’s approved plan. The selected consultant shall: 1. Represent the Okaloosa County Board of County Commissioners (County) before the U. S. Congress, Florida State Legislature including its Committee and Agencies. The goal of such representation will be to secure any and all compensation or distribution of funds related to the BP Oil Spill, The “Restore Act” issues or other oil spill related compensation. 2. Provide monthly progress reports to the County Restore Act Coordinator and the County Administrator outlining activities performed and outlining any pending issues that may require action by the Board of County Commissioners or that impact the County and its funding posture with regard to the BP Oil Spill. 3. Prepare for, attend and document Kick-off meetings to establish the goals, objectives and priorities of the County Restore Act projects. 4. Attend (if possible) meetings (including but not limited to, Legislative, State Agency & County) where issues of importance related to BP Oil Spill to Okaloosa County are being discussed. Request the attendance of County Staff and designated Commissioner to travel to meetings to assist if necessary. 5. Travel to Okaloosa County as necessary to meet with staff and the Board in the development, review and follow-up of BP Oil Spill and Restore Act issues. Proposers must identify the number of trips allowed under the resulting agreement and outline costs for additional trips if required. Last Revised- 02-18-2013 Page 4 Packet Pg. 154  6.2.a.a 6. Demonstrate a keen understanding of County priorities, policy objectives, project merits and supporting data. 7. Investigate all sources of funds – related to the oil spill (Detail your familiarity of eligible funding sources). 8. Assist the County on the development of its plan – The County will appoint a committee to prioritize planned projects. The selected consultant will work closely with this Attachment: RFP- BCC Restore Act Mgmt (02-18-2013) (1423 : Restore Act Consulting Services RFP) committee to develop a strong proposal. (Please address how you will handle this in your proposal). 9. Manage the process – The selected consultant will be required to represent the County when the County plan is presented to the State Consortium through all the levels of negotiation and at all required locations. (Please address this in your proposal). 10. Cost/Budget – All proposals must list an annual fee (See Bid Sheet) and a summary of your fee schedule. (Hourly rates). 11. Term – The County will enter into a one (1) year contract with the successful consultant. The County will reserve the right to cancel the contract with sixty (60) day advance notice for failure to provide successful results or in the event funding is exhausted and services are no longer required. The contract may be renewed for two (2) additional one (1) year periods if in agreement by both parties. 12. The selected consultant will attend all Consortium meetings advocated on the behalf of the County and will facilitate contract and negotiation between the County, the Commission, the Governors’ Office, and the Consortium. 13. The selected consultant be qualified in multiple disciplines (engineers, environmental, biochemists, etc.) who will work at the direction of the Restore Act Coordinator in the development of the 5-year plan and then later assist the Restore Act Coordinator & the Committee in their evaluation process when projects begin getting critiqued. Last Revised- 02-18-2013 Page 5 Packet Pg. 155  6.2.a.a SPECIAL CONDITIONS 1. Applicable Laws & Regulations – The proposers attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. Attachment: RFP- BCC Restore Act Mgmt (02-18-2013) (1423 : Restore Act Consulting Services RFP) 2. Indemnification & Hold Harmless – Each proposer must submit an executed sworn certification that he will comply with the Hold Harmless Clause in accordance with the provisions of Florida Statutes, Section 725.06. To the fullest extent permitted by law, Proposer shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of this contract. 3. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse’s or child’s interest and the nature of the intended business. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the proposal package. 4. Public Entity Crime Information - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5. Investigation of Proposer – The County may make such investigations, as it deems necessary to determine the stability of the consultant to perform the work and that there is a no conflict of interest as it relates to the projects. The consultant shall furnish to the Owner any additional information and financial data for this purpose as the County may request. Last Revised- 02-18-2013 Page 6 Packet Pg. 156  6.2.a.a 6. The Contract Documents – The contract documents consist of the proposal documents, technical specifications, the consultants proposal; addenda issued prior to execution of the agreement, other documents specifically incorporated by reference in the contract documents, modifications issued after executive of the agreement. A modification is: 1. A written amendment to the contract signed by both parties; 2. A change order. Attachment: RFP- BCC Restore Act Mgmt (02-18-2013) (1423 : Restore Act Consulting Services RFP) 7. Miscellaneous Provisions – The agreement was executed and delivered in the State of Florida and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Florida. Venue for all purposes shall be exclusively in Okaloosa County, Florida. The proposer’s attention is directed to the fact that all applicable laws, County and municipal ordinances, orders, rules and regulation of all authorities have jurisdiction over the project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they were written out in full herein. This agreement and the related contract documents may be modified or amended only by written instrument. In the event any term or provision of this agreement or the related contract documents shall to any extent be held to be illegal, invalid, unenforceable, or non-operative as a matter of law, the remaining terms and provisions of this agreement shall not be affected thereby, but each such term and provisions shall be valid and shall remain in full force and effect. 8. Conditional & Incomplete Proposals – The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that make it impossible to determine the trust amount of the proposal. 9. Reorganization & Bankruptcy Proceedings – Proposals will not be considered from vendors who are currently involved in official financial reorganization of bankruptcy proceedings. 10. Right to Waive and Reject - A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa